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Page 27: Mitigation Measure N-2 This mitigation is inadequate. Specific erosion control measures, performance crite~ and implementation schedule and roles should be discussed. ~ #2-12 Page 27: Mitigation Measure IV-3 (c) This mitigation measure is inadequate. Avoidance of shrub habitat will not be feasible during trail construction. Construction should not be permitted during breeding season as it will be impossible to protect nests from the construction zone. Construction will occur within 50 feet of breeding habitat. #2-13 Page 31: Geology and Soil Under Item VI (b), Alternative #1 would cause substantial soil erosion by attempting to fill into sloping areas adjacent to salt marsh wetland habitat and retaining fill materials by wooden retaining wall. The preparation of Storm Water Pollution Prevention Plan, without continuous monitoring and commitment of sponsoring agency for long-term maintenance of the retaining wall, is inadequate to prevent deterioration of the retaining wall. In addition, long term maintenance of the trail would be necessary to reducecontaminated runoff, including potential pollutants emitted by sanitary district maintenance vehicles. #2-14 Page 34: Mitigation Measure VII-I. ~ Include Personal Protective Equipment in Health and Safety Plan. Include OSHA . #2-15 standards and protection performance criteria. Page 34: Mitigation Measure VII-2. Mitigation Measure is inadequate. Specify what measures shall be taken, by whom,~ #2-16 when, how, and where and discuss performance criteria. ~ Page 35-36: There is a redundant set of paragraphs. ==:J Page 37: There is no discussion of the impacts associated with checklist item VIII (~ Page 39: Land Use and Planning The Alternative #1 project is located on land owned by and within the land-use jurisdiction of the Port of Oakland. The subject area is within an area designated as part of the Oakland Metropolitan International Airport. As such, the Port of Oakland exercises land-use planning subject to grant-assurances restrictions of the Federal Aviation Administration (the "FAA"). Moreover, pursuant to the City of Oakland Charter, any lease of or construction upon land within the jurisdiction of the Port of Oakland must be approved and permitted by the Board of Port Commissioners. The granting of a building permit under Oakland City Charter Section 708 is a discretionary action subject to the requirements ofCEQA. #2-17 #2-18 #2-19 The Alternative #1 project is subject to FAA restrictions and the Port of Oakland grant of building permit or land control. The project sponsor has neither proposed to comply with FAA restrictions nor obtain land use permission or control from the Port of Oakland. To 86893.vl