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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 26 E. Dredging.The project, as amended, includes a single maintenance dredging episode of the marina basin totaling 51,000 cubic yards, and 6,700 cubic yards of new dredging along the north and west dikes to accommodate the new marina berths, and 12,130 cubic yards in and adjacent to Roberts Landing Slough for the purpose of enhancing tidal action in the marsh restoration project. The Bay Plan Policies on Dredging state, in part,that "prior to the authorization of the dredging or the disposal of dredged materials in the Bay, the Commission should assure that adequate testing of the sediments will be done and that the sediments will dredged and disposed of consistent with the requirements of the Regional Water Quality Control Board (Regional Board) and the Environmental Protection Agency (EPA). The permittee has performed sediment testing required by the Regional Board, and has obtained Water Quality Certification (WQC). The order granting WQC prescribes waste discharge requirements (WDR) for the disposal of the dredged spoils at an upland site, outside the Commission's jurisdiction. In addition, for the Shoreline Marshlands Enhancement Project (Water Circulation and Drainage Plan), the dredged materials will be disposed of at an inland location outside the Commission's jurisdiction consistent with the Commission's policies on alternative dredge disposal sites. The permittee will reuse the dredged materials within the marsh enhancement project to create habitat islands and shore up the existing levees. No disposal of dredged materials within San Francisco Bay is authorized by this amended permit. The Commission finds that the maintenance and new dredging authorized by this permit are consistent with the Commission's policies on dredging. F. Surface Mining and Reclamation Act.The Surface Mining and Reclamation Act of 1972, as amended, exempts from coverage all navigational dredging pursuant to 14 California Administrative Code Section 3502 and California Public Resources Code Section 2714A. The project authorized herein, are therefore, exempt from the Surface Mining and Reclamation Act. G. East Marsh Jurisdiction.There may be the possibility of the Commission's Bay jurisdiction extending into portions of the East Marsh due to occasional overtopping of the East Marsh levee. A jurisdictional determination for the site was made by staff in September of 1992, based on a 1969 survey of the property, entitled: "Jeras Corporation Property for Bissal & Karn, Inc.," dated August 15, 1969, and prepared California Aero Topo, Inc. Since that time, additional information has suggested that the East Marsh has flooded on different occasions, but it is still unclear as to the extent of this flooding and how much of the flooding could have been caused by tidal action. Staff will continue to study all new and relevant information presented to assist in determining whether the Commission's Bay jurisdiction extends into the East Marsh.