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SAN LEANDRO SHORELINE DEVELOPMENT EIR ADDENDUM PROJECT CITY OF SAN LEANDRO May 2022 Page 23 one or more of these species, and appropriate authorizations were required from NOAA Fisheries, USFWS, and/or CDFW where “take” of special-status fish species may occur as a result of the in-water activities of the Original Project. The Original Project implemented Mitigation Measure BIO-1B, to address potential in-water construction impacts to special status fish and other aquatic species, resulting in a less- than significant impact. The Approved Project includes similar project-related improvements while removing or relocating most of the development on the portions of land extending into the marina, but concluded that the modifications would not result in a new impact or a substantial increase in magnitude of the impacts to special-status fish species. The Modified Project, which includes the addition of 6 housing units inland of the shoreline area, would not have an impact from construction-related impacts to special-status fish species, and therefore not result in a new impact or a substantial increase in magnitude of the existing impacts to special-status fish species. The Certified EIR for the Original Project found that tree and vegetation removal, building demolition, and other construction activities during the breeding season could result in the incidental loss of fertile eggs or nestlings or nest abandonment if any active nests are present, and are therefore considered a significant impact. Mitigation Measure BIO-1C, required for the Original and Approved Project, addressed potential impacts to nesting birds, including raptors during the construction period by requiring preconstruction surveys, scheduling tree removal and building demolition outside of the bird nesting season (which occurs from February 1 to August 31), and other adequate controls, in compliance with the federal Migratory Bird Treaty Act and California Fish and Game Code, resulting in a less than significant impact. Mitigation Measure BIO-1C would also be implemented for the Modified Project, and as the Modified Project would not result in a new impact nor a substantial increase in magnitude of impact to nesting birds, the potential impacts would be the same as the Original Project. BIO-b. According to the Certified EIR, no riparian or other sensitive natural community types are present on the site of the Original Project. The Modified Project remains on the same site as the Original Project and therefore it would not result in a new impact or a substantial increase in magnitude of existing impacts to riparian habitat or other sensitive natural communities. BIO-c. The Certified EIR found that construction of the Original Project would result in direct and indirect effects on jurisdictional wetlands and other waters which include disturbance and modifications to areas in open water and the shoreline of San Francisco Bay and upland areas in the golf course; these were considered a significant impact. Mitigation Measure BIO-3, required for the Original Project, addressed impacts of proposed development to jurisdictional waters by requiring appropriate controls and regulatory authorizations through compensatory mitigation for wetland modifications. As with the Original Project, modifications below the Mean High Water would be subject to permit approval from the U.S. Army Corps of Engineers (ACOE) and San Francisco Bay Regional Water Quality Control Board (RWCQB). Further, water features may be considered jurisdictional wetlands or waters by the ACOE and/or California Department of Fish and Wildlife (CDFW) for the Approved Project. Authorizations from State and federal regulatory agencies may include the ACOE and RWQCB under Section 404 and 401 of the Clean Water