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PERMIT NO. 6-78 City of San Leandro (Issued on May 24, 1978, As Amended Through November 13, 2007) CORRECTED AMENDMENT NO. SEVEN Page 8 K. Ouster Mitigation The permittee shall conduct aone-year oyster mitigation study based on the report "Assessment of Native Oysters in San Leandro Marina," competed by Applied Marine Sciences Inc dated August 7 2007 The report describes aone-year study of native oyster abundance density and distribution at the marina and an assessment of native oyster spawning; recruitment and short-term survival and growth over a 12-month period. At the end of the one- Xear study the permittee shall prepare a report summarizing and analyzing all study findings and recommending additional studies or approaches to fostering the establishment and survival of native oysters in the marina. The permittee shall provide a copy of the report to the Commission staff within 90 days of study completion or by February 1, 2010, whichever is earlier The ouster study must commence prior to November 1 2008 or this amended permit will become null and void The study shall be completed and work must also be diligently pursued to completion and must be completed by November 1.2009 (Amendment No. Seven). L. Recording The permittee shall record this document or a notice specifically referring to this document on all parcels affected by this document with Alameda County within 30 days after execution of the permit issued pursuant to this authorization and shall within 30 days after recordation provide evidence of recordation to the Commission. III. Findings and Declarations This amended authorization is based upon the Commission's findings and declarations that the work authorized is consistent with the McAteer-Petris Act, the San Francisco Bay Plan, the California Environmental Quality Act of ] 970 ,and the Commission's Management Program for San Francisco Bay, for the following reasons: A. Use. The marina uses involved in the proposed project, subject to the above conditions, are consistent with Bay Plan Map 5 which designates this site as a marina within a waterfront beach park. B. Fill. The 12,045 square feet of fill for floats for boat berths and the 1,200 cubic yards of fill for shoreline protection are the minimum amount necessary for awater-oriented recreational use for which fill may be permitted in accordance with Government Code Section 66605(a) and 66605(c), and the Bay Plan Policies on Fill (page 36), as amended. The approximate 2.590 square feet of fill for the boat launch ramp, the approximate 2 000 square feet for boarding floats and the approximate 450 cubic yards of material for ¢rading of the boat launch ramp are necessary since the City of San Leandro is no longer dred ing the channel that allowed boaters access to the existing_boat launch ramp. The new boat launch ramp is necessary to maintain boater access to the Bay at San Leandro Marina and the fill in the Bay and the shoreline band is the minimum about necessary and awater-oriented recreational use which may be permitted in accordance with Government Code Section 66605(a) and 66605(c) and the Bay Plan Policies on fill, as amended.