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<br />~~-, ~~------,.~ <br />Brian_ Wie~~_::. OysterSloughEnvDoc.docc <br /> <br />1-- <br /> <br />I <br /> <br />L--._ <br /> <br />II <br /> <br />~;,,-~..~t V..:\i hM'~ .4..-'';'-t~,' l( ~ a' <br /> <br />November 14, 2005 <br /> <br />East Bay Regional Park District <br />Planning/ Stewardship Department <br />2950 Peralta Oaks Court <br />Oakland, California 94605 <br /> <br />SUBJECT: Bay Trail Bridge at Oyster Bay Slough Initial Study / <br />Mitigated Negative Declaration <br /> <br />Ladies and Gentlemen: <br /> <br />On October 11,2005, San Francisco Bay Conservation and Development Commission <br />(Commission) staff received the Initial Study /Mitigated Negative Declaration (IS/MND) for <br />the Bay Trail Bridge at Oyster Bay Slough Project, located south of the Oakland International <br />Airport, in the Oties of San Leandro and Oakland, Alameda County. The project would <br />include a 350-foot-Iong pedestrian/bicycle bridge across Oyster Bay Slough and a 630-foot- <br />long paved trail to connect the Oyster Bay Regional Shoreline with the Bay Trail to the north, <br />adjacent to the Oakland Airport, on property owned by the Port of Oakland. The <br />Commission staff has reviewed the IS/MND and is submitting its comments regarding the <br />document. Although the Commission itself has not reviewed the IS/MND, the staff <br />comments are based on the McAteer-Pettis Act, the Commission' s San Francisco Bay Plan <br />(Bay Plan), the Commission' s federally-approved management plan for the San Francisco <br />Bay, and the federal Coastal Zone Management Act (CZMA). <br /> <br />Jurisdiction <br /> <br />The Commission's jurisdiction in this area inc1udesall tidal areas of the Bay up to the line <br />of mean high tide or the inland edge of wetland vegetation up to five feet above Mean Sea <br />Level in marshlands, all areas formerly subject to tidal action that have been filled since <br />September 17, 1965, and the JI shoreline band," which extends 100 feet inland from and <br />parallel to the Bay shoreline. <br /> <br />Commission permits are required for construction, dredging, fill placement, and dredged <br />material disposal within its area of jurisdiction. Permits are issued if the Commission finds <br />the activities to be consistent with the McAteer-Pettis Act and the policies and findings of the <br />Bay Plan. In addition to any needed permits under its state authority, federal actions, <br />permits, and grants that affect the Commission's jurisdiction are subject to consistency <br />review by the Commission, pursuant to the federal Coastal Zone Management Act (CZMA), <br /> <br />51<:',' .,"'C$lX~.. . $AN F'R~ BAY OONaERVA.TJOt4 AND DEY'ELClPtiIENT CQlIIIUS8IOtI . .J(r.d.1S':N+'.~~" ""'~I\';":' <br />ro C.lIUiN.. 9:1~ S;4:fI ~. ~.a.1Fr;n..a:." Clllr.:>mlll;;...\'l . '''WI au $..">0. F..... .:41!l11!lt.a.;-.;s. .ct.~l:1:,.:t.':;..lJl>' . _., Ci:.a.;::...~. <br /> <br />Page D <br />Lett~ <br />I <br />f <br /> <br />#3-1 <br />