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PERMIT NO. 6-7$ City of San Leandro (Issued on May 24, 1978, As Amended Through November 13, 2007) CORRECTED AMENDMENT NO. SEVEN Page ] I In order to mitigate for any impacts on native oyster populations of the fill in the Bay for the boat launch ramp Special Condition II-K requires the permittee to conduct ayear- lon~ oyster monitoring study. The study is based on a qualitative survey of the intertidal areas within and adjacent to the Marina conducted on April 20, 2007, by Applied Marine Sciences (AMS) AMS found that native oysters were present in several of the rocky intertidal areas of the Marina. On July 30 2007 the Army Corps of Engineers, NOAA Fisheries Services and the City of San Leandro agreed to establish a year long monitoring program in order to mitigate for any potential impacts on the native oyster population from the new boat launch ramp permitted in this amendment. The study will report on oyster abundances and density within the marina and the recruitment, survival, and growth of recently spawned oyster at various locations throughout the marina. The report is intended to inform future efforts to foster the establishment and survival of native oysters in the marina thus offsetting the loss of oxster habitat resulting from the installation of the boat launch ramp. The placement of boarding_floats in the Bay is similar to "the construction of a new single boat dock no lamer than 1 000 square feet or a new multiple boat dock no larger than 5 000 square feet or up to 20.000 square feet of expansion of boat docking facilities within an existing marina" as stated in Regulation Section I0601(a)(1). In regards to fill in the shoreline band the placement of fill for the boat launch apron and the new boat launch ramp is similar to "the installation of new protective works such as bulkheads and riprap in the minimum amount necessary to stabilize existing dikes and banks or to provide improved fish or wildlife habitat " as stated in Regulation Section 10601(b The reconstruction of the new parking lot the public access pathway, and the remodeled bathroom are similar to "the placement of inert inorganic fill, the extraction of small amounts of materials or a substantial change of use of any area so Ion ag s the placement, extraction or change in use does not have a significant adverse effect on the present or possible future use of the deli ng ated priority water-related use and the environment" as stated in Regulation Section l 0601(b)(1). G. Environmental Impact. The City of San Leandro, the lead agency, prepared an initial study of environmental impact significant. Based on this document, the City issued a negative declaration on February 27, 1978, which stated that the project would not have a significant effect on the environment. The City of San Leandro found that the work authorized by Amendment No. Six is categorically exempt under Section 1530 of the California Environmental Quality Act from the requirement to prepare an environmental impact report. The City of San Leandro found that the work authorized under Amendment No. Seven is categorically exempt under Section 15301(4) of the California Environmental Quality Act from the requirement to prepare and environmental impact report.