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7.A. - Page 202 Pete's Harbor �,iry or rseawooa�,iry EIR Addendum October 8, 2012 Page 3-39 agency approvals that the applicant must therefore obtain, including: (1) Section 10 and 404 permits from the Corps, (2) a Section 401 certification or waiver from the Regional Water Quality Control Board (RWQCB), (3) a 1603 Streambed Alteration Agreement from the CDFG, and (4) an HMMP (as described under other 2003 EIR mitigations--see above). The current Pete's Harbor project would not fill any waters under Corps jurisdiction. Conclusion. Mitigation 8-5 is no longer required. The currently proposed Pete's Harbor project would not fill any navigable waters or other waters of the United States, and this impact would not occur. Impact 8-6 Analysis: Project Loss of Saline Emergent Wetlands. The certified 2003 EIR concluded that the Marina Shores Village project might fill an unspecified amount of existing saline emergent wetlands along the shorelines of Redwood Creek, Smith Slough, and the marinas. The associated 2003 EIR mitigation was similar to that for Impact 8-5 above, requiring various approvals by jurisdictional agencies (i.e., Corps, RWQCB, San Francisco Bay Conservation and Development Commission--BCDC), including associated HMMP provisions. The current Pete's Harbor project would not fill or modify any saline emergent wetlands. As illustrated in Figure 3.5-1, the saline emergent wetland partially overlaps the BCDC 100-foot band of jurisdiction. Conclusion. Mitigation 8-6 is no longer required. The currently proposed Pete's Harbor project would not fill any saline emergent wetlands, and this impact would not occur. Impact 8-7 Analysis: Project-Related Loss of Fresh Emergent Wetlands. Similar to Impact 8-6, the certified 2003 EIR concluded that the Marina Shores Village project might also fill an unspecified amount of fresh emergent wetlands, which are located in patches entirely in the southwest corner of the Peninsula Marina property, at the intersection of Bair Island Road and East Bayshore Road. The associated 2003 EIR mitigation was the same for Impact 8-6 above, requiring various approvals by jurisdictional agencies (i.e., Corps, RWQCB, BCDC), including associated HMMP provisions. The current Pete's Harbor project would not fill any fresh emergent wetlands; none are located on or adjacent to the project site. Conclusion. Mitigation 8-7 is no longer required. The currently proposed Pete's Harbor project would not fill any fresh emergent wetlands, and this impact would not occur. Impact 8-8 Analysis: Project-Related Bird Collisions. The certified 2003 EIR identified a significant unavoidable impact resulting from inevitable bird collisions due to lighting and window hazards associated with the proposal to construct up to thirteen 21- to 23-story towers, and additional low-rise flats ranging from four to nine stories, near the Bair Island Wildlife Refuge. The 2003 EIR concluded that bird collisions would be a significant unavoidable impact given the project building heights in excess of 75 feet (the City-adopted height limit for the site) in combination with the project location near the Bair Island Wildlife Refuge. Because most bird collisions occur near illuminated areas,' the 2003 EIR included as mitigation a lighting policy that strives for minimal exterior night-lighting and the use of low-intensity exterior lighting, cut- 'Final EIR for the Marina Shores Villaqe Proiect, June 2003, page 2-66. T.•1106951Addenduml3(10695-01).doc