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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 27 However, because the project involves the enhancement of a diked, tidally muted marsh within an area which was historically a Bay marsh,the Commission would support the project regardless of the jurisdiction. Both the McAteer-Petris Act and the San Francisco Bay Plan clearly encourage marsh restoration and wildlife refuge uses in these types of areas. The Commission finds that the project is consistent McAteer-Petris Act and the San Francisco Bay Plan policies, and that if it is shown in the future that the East Marsh is part of the Commission's Bay jurisdiction,the issuance of this amended permit does not usurp the Commission's ability to assert that jurisdiction and require future authorization for any additional work in the subject area. Further, the amended permit has been conditioned by Special Condition II.E. to ensure that the East Marsh is managed specifically for wildlife habitat purposes. Therefore,the Commission finds that the amended permit will protect fish and wildlife and marshes and mudflats of San Francisco Bay. H. Environmental Review.The lead agency for the project, the City of San Leandro, certified a mitigated Negative Declaration of environmental impact for the original project on July 17, 1989, and a mitigated Negative Declaration of environmental impact for the Shoreline Marshlands Restoration Project on December 20, 1993. I. Enforcement Program and Civil Penalties.The Commission has an enforcement program that reviews its permits for compliance. The Commission may issue cease and desist and civil penalty orders if violations are discovered. The McAteer-Petris Act provides for the imposition of administrative civil penalties ranging from $10 to $2,000 per day up to a maximum of$30,000 per violation. The Act also provides for the imposition of court-imposed civil penalties of up to $30,000 in addition to any other penalties, penalties for negligent violations of between $50 and $5,000 per day, knowing and intentional penalties of between $100 and $10,000 per day, and exemplary penalties,which are supplemental penalties, in an amount necessary to deter future violations. In addition, anyone who places fill, extracts materials, or makes any substantial change in use of any water, land or structure within the area of the Commission's jurisdiction without securing a permit from the Commission is guilty of a misdemeanor (Amendment No. Five). J. Conclusion. For all of the above reasons, the Commission finds that the proposed projects, as conditioned herein, are consistent with the McAteer-Petris Act and the San Francisco Bay Plan.The Commission further finds, declares, and certifies that the activities authorized herein are consistent with the Commission's amended management program for the San Francisco Bay, as approved by the Department of Commerce under the Federal Coastal Zone Management Act of 1972, as amended.