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Applicability – U.S. Army Corps of Engineers <br />The 2015 San Leandro Shoreline Development Project EIR identified two jurisdictional water <br />features (intertidal mudflat and open water) and two possible jurisdictional features (lakes/ponds <br />and a drainage basin). Implementation of the project was found to result in both direct and indirect <br />effects on jurisdictional wetlands and other waters from demolition and new construction. Since <br />certification of the EIR the footprint of the project has been substantially reduced along the <br />shoreline. However, demolition and construction activities would still result in fill of jurisdictional <br />waters. During demolition some areas of the shoreline would be exposed and require the <br />placement of riprap along the shoreline to prevent erosion, consistent with existing riprap around <br />the harbor. Project construction may include new recreation facilities within the harbor including two <br />boat launches, a pedestrian bridge, and a non-motorized vessel docking facility. Preliminary review <br />of the solid fill to be removed and the solid fill to be added indicates a net increase of approximately <br />0.25 acre. Because the solid fill is less than 0.5 acre, an Individual Permit likely would not be <br />required. The amounts would likely exceed the quantities that trigger a Pre-construction <br />Notification, thus disallowing completion of the Application for Department of the Army Permit <br />Form. The placement of riprap could qualify for a NMP 13 Bank Stabilization and the new docking <br />facilities could qualify for NWP 36 Boat Ramps. <br />4.1.1.1 Section 106 Consultation (SHPO) <br />The project site includes part of the San Leandro Marina that is the former site of oyster beds and <br />is listed as California Historical Landmark #824 (CHL #824). However, it does not appear that there <br />are any federally listed, or potentially eligible, buildings or structures within the project site. The <br />Corps would make the final determination as to whether Section 106 Consultation is necessary. <br />4.1.1.2 Section 7 Consultation (F&WS and NMFS) <br />Section 7 consultation may be required with Fish & Wildlife Service for impacts to the threatened <br />Delta smelt (Hypomesus transpacificus). <br />Spawning and rearing habitat is not present at the project site. However, Section 7 consultation <br />may still be required with National Marine Fisheries Service for impacts to steelhead <br />(Oncorhynchus mykiss), green sturgeon (Acipenser medirostris), and Delta smelt (Hypomesus <br />transpacificus), as these species could occasionally disperse or be seasonally present along the <br />shoreline. <br />At this time it is unclear whether project activities would result in formal consultation, requiring the <br />preparation of a Biological Opinion, or informal consultation supported by a basic habitat <br />assessment. However, the project has been significantly reduced in scope (improvements along <br />the shoreline have been scaled back since originally proposed), so informal consultation is a <br />possibility. While the applicant can propose an approach with supporting documentation, ultimately <br />it would be the decision of the agencies to recommend a course of action regarding Section 7 <br />Consultation. <br />28