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~""....................., ~ial'!._Wiese - OysterSloughEnvDoc.doc . "'=page3J East Bay Regional Park District ~oveniber14,2005 Page 3 backfilling the area with lightweight fill. The new trail would be fenced off from the existing maintenance road and wastewater treatment ponds. The IS/MND indicates that the retaining structure and fill would not be located in the Commission's Bay jurisdiction, nor placed in the adjacent marshland} which appears to be a diked wetland, but partially within the Commission' s 100-foot shoreline band jurisdiction. The IS/MND states that the retaining structure required to construct the preferred trail alignment would not result in any environmental impacts. A mitigation measure is included in the IS/MND that would require the installation of a protective fence to prevent /I... accidental intrusion by construction equipment and I or workers into the adjacent pickleweed marsh.../I However} the IS/MND does not include an analysis of the potential impacts on the marsh habitat and associated species from pedestrian and bicycle use of the trail once constructed. Would a landscaped barrier be installed to ensure no intrusion into the marsh by trail Users? In addition, would the trail be constructed at an elevation high enough to protect it from occasional flooding? Please also clarify that the marsh adjacent to the preferred trail alignment is a diked wetland. The IS/MND also states that the preferred Bay Trail connection would be located on~e Port of Oakland's prop erty. To obtain a BCOC permit for this project, the Port of Oakland would have to be a co-applicant for the permit or grant a long-term lease (i.e., at least 60 . years) to the City of San Leandro. Although Commission staff generally supports this preferred trail alignment, it continues to have a number of concerns. First, the preferred trail alignment appears to be the most expensive alternative, due to the need to widen an existing levee. The other trail alignments would be installed on existing levees that do not need to be widened. In addition, the property issue with the Port of Oakland must be resolved. If for some reason, the City of San Leandro is unable to obtain: (1) the Port of Oakland's pe rmission to construct this preferred trail alignment; and/or (2) the funds necessary to complete the proposed alignment, staff believes the other two Bay Trail connection alternatives may be feasible. The IS/MND outlines that the other two trail alignment alternatives considered would complicate maintenance of the City of San Leandro's wastewater treatment plant. Although this is a very valid concern, the complications do not appear to be insurmountable should the preferred trail alignment become infeasible. . Thank you for the opportunity to comment on this IS/MND. It is an exciting project that will provide a critical link in the Bay Trail in this area. Commission staff would like to support your efforts in any way possible. Please feel free to call me with any questions or concerns at415/352-3618 or e-mail meatandreag@bcdc.ca.gov. #3-3 cont. #3-4 #3-5 L-