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PERMIT NO. 1989.014.05 City of San Leandro (Originally Issued on March 7, 1990, As Amended Through May 2, 2016) AMENDMENT NO. FIVE Page 25 Special Condition II.M.2. requires the permittee to remove the small,four-inch rocks and excavate the slope in preparation for the riprap placement. As a result, the new riprap placement will not involve a net increase in fill. The face of the new riprap will be at the same grade as the existing rock. The project will also result in the placement of 600 cubic yards of rock riprap over an approximate 420-foot length of shoreline to protect an existing levee at the Bunker Marsh as part of the Shoreline Marshlands Enhancement Project (Water Circulation and Drainage Plan). Because of the existing location of the levee, it is not possible to locate the riprap in an alternative upland location. Further, the riprap has been designed by engineers to be the minimum necessary to protect the levee. Special Condition II.M. ensures that the quality of the riprap material selected will be generally spheroid in shape, free from reinforcing steel and other extraneous materials so that it will improve shoreline appearance. The Commission finds that the placement of 1,800 cubic yards of riprap in the Bay along the north dike and along the Bunker Marsh Levee qualifies as minor fill to improve shoreline appearance consistent with the Commission's policies and regulations. Amendment No. Four authorizes the placement of 2,900 square feet (230 cubic yards) of new riprap and approximately 6,555 square feet (1,370 cubic yards) of replacement riprap. This work involves new riprap and repair to existing riprap that is the minimum amount necessary for the needed repairs and covers less than 10,000 square feet as defined in Regulation Section 10601(a), and thus is a "minor repair or improvement" for which the Executive Director may issue: (1) a permit, pursuant to Government Code Section 66632(f) and Regulation Section 10622(a); and (2) an amendment to a permit, pursuant to Regulation Section 10810. 3. Tidal Culverts.The Shoreline Marshlands Enhancement Project (Water Circulation and Drainage Plan) requires the placement of 1,270 square feet of fill for tidal culverts and their associated shoreline protection. The purpose of the fill is to restore historic bay marshlands, improving wildlife habitat. The restoration of marshlands is a water-dependent use, as defined by the McAteer-Petris Act, whose purpose could not be served by relocation to an alternative upland location. Further, the project and the size,type and placement of the culverts were developed in consultation with the U.S. Fish and Wildlife Service and the California Department of Fish and Game to provide appropriate tidal action on the inboard sides of the levees for the enhancement of the marsh while minimizing fill in the Bay. Therefore,the Commission finds the authorized tidal culverts are consistent with the McAteer- Petris Act and San Francisco Bay Plan policies governing fill.