2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
Additionally
there
is
an
absence
of
native
aquatic
habitat
and
local
plant
species
due
to
the
historic
uses
of
the
site
and
the
impacts
mentioned
above.
Due
to
the
poor
habitat
quality
of
the
wetlands
local
threatened
and
endangered
species
such
as
the
California
red-legged
frog,
the
San
Francisco
garter
snake
and
the
salt
marsh
harvest
mouse
are
not
present
at
the
site
(Burns
and
McDonnell
2003).
See
Mitigation
Measures
4.C-2a
through
4.C-2c
and
4.C-4b
for
discussion
regarding
mitigation
for
loss
of
wetland
areas.
By
imposing
a
“no
net
loss”
of
wetlands
performance
standard,
these
mitigation
measures
will
result
in
less
than
significant
impacts
to
wetlands
within
the
Project
site.
See
5
for
discussion
of
compliance
with
the
law
as
mitigation
under
CEQA.
As
discussed
5,
the
Draft
EIR
relied
on
the
regulatory
authority
and
responsibility
of
the
RWQCB
and
DTSC
to
enforce
the
law,
and
to
ensure
compliance
with
applicable
law
and
regulations
for
the
protection
of
the
public
health
and
safety.
This
comment
does
not
provide
a
factual
basis
to
support
the
assertion
that
a
barrier
membrane
is
an
inadequate
remediation
strategy.
The
leachate
collection
and
control
system
will
be
required
to
adequately
collect
leachate
from
the
former
landfill
to
prevent
any
increases
in
leachate
that
exceed
any
regulatory
thresholds
and
thereby
reduce
impacts
to
the
Brisbane
Lagoon
and
creeks.
The
RWQCB
has
regulatory
authority
to
determine
the
specific
methods
that
will
be
employed
to
accomplish
such
collection.
As
discussed
Title
27
closure
of
the
former
Brisbane
Landfill
must
address:
(1)
lack
of
a
low
permeability
engineered
landfill
cap
compliant
with
Title
27,
(2)
the
presence
of
leachate
and
the
requirement
to
prevent
any
increases
in
leachate
that
exceed
any
regulatory
thresholds,
and
(3)
hydrologic
connectivity
to
groundwater
and
surface
water,
primarily
the
Central
Drainage
Channel
along
with
ongoing
consolidation
of
refuse
and
Bay
Muds,
and
control
of
landfill
gas.
The
placement
of
low
hydraulic
conductivity
layers
will
address
the
deeper
seeps,
and
will
be
included
in
the
regulatory
review
process.
See
5
for
discussion
regarding
compliance
with
the
law
as
mitigation
under
CEQA.
As
discussed
in
that
Master
Response,
the
Draft
EIR
relied
on
the
regulatory
authority
and
responsibility
of
the
RWQCB
and
DTSC
to
enforce
the
law,
and
to
ensure
compliance
with
applicable
laws
and
regulations
for
the
protection
of
the
public
health
and
safety.
BCDC
input
would
be
limited
to
its
jurisdictional
area,
which
is
described
in
Draft
EIR,
Section
4.I,
Land
Use
.
Brisbane
Baylands
Final
EIR
2.9.1-66
May
2015