2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
observed
during
the
non-breeding
season,
when
birds
overwinter
in
the
SF
Bay
region
(National
Audubon
Society
2010).
As
discussed
8
pertaining
to
the
level
of
detail
in
the
biological
resources
analysis
and
9
pertaining
to
identification
of
wetlands,
the
survey
methodology
and
impact
assessment
included
in
Draft
EIR
Section
4.C,
Biological
Resources,
provided
an
appropriate
baseline
and
program
level
analysis
of
project-related
impacts,
based
on
reconnaissance
level
surveys,
existing
data
going
back
to
2003.
As
discussed
in
the
pertaining
to
previous
actions,
the
Draft
EIR
addresses
impacts
of
the
environmental
changes
that
would
occur
from
the
2010
baseline
should
one
of
more
of
the
proposed
discretionary
actions
described
in
Chapter
3,
Project
Description
,
of
the
Draft
EIR
gain
approval.
As
discussed
past
actions
occurring
within
the
Baylands
Project
site
that
may
indicate
that
violations
of
past
permits
that
are
not
the
subject
of
the
Draft
EIR’s
project
description
and
evaluation.
The
reference
materials
referred
to
in
Comment
were
provided
as
comments
to
the
NOP
and
are
thus
part
of
the
project
record.
They
were
reviewed
prior
to
preparation
of
the
Draft
EIR
and
reviewed
again
in
response
to
this
comment.
In
addition,
as
noted
9,
a
20-year
review
of
air
photos
was
undertaken
as
part
of
the
Final
EIR,
which
substantiated
the
adequacy
of
the
habitat
characterization
presented
in
the
Draft
EIR,
including
the
extent
of
wetlands
onsite.
The
materials
referred
to
in
this
comment
were
prepared
by
private
individuals
and
organizations
not
associated
with
the
studies
performed
for
the
proposed
project.
The
species
and
wetland
habitat
that
private
individuals
presented
as
being
present
within
the
Baylands
are
consistent
with
the
species
occurrence
potential
and
habitat
mapping
prepared
for
and
presented
in
the
Draft
EIR.
Please
see
the
analysis
of
Impact
4.C-1
and
the
associated
Mitigation
Measures
4.C-1
a,
b,
c,
d,
e,
f,
and
g
for
plants
and
animals
and
their
habitats
within
proposed
development
areas.
Please
also
see
Section
4.G
of
the
Draft
EIR
assesses
the
hazardous
conditions
present
at
the
project
site,
including
presence
of
oil
leaks.
The
presence
of
such
leaks
does
not
affect
the
characterizations
of
habitat
types
and
vegetation
communities
within
the
Baylands,
however,
and
are
addressed
in
Section
4.G,
Hazards
and
Hazardous
Materials
.
Please
see
9,
Identification
of
Wetlands.
Wetlands
that
occur
upstream
and
outside
the
Baylands
Project
Site
that
would
not
be
affected
by
implementation
of
the
various
components
of
the
Baylands
program
are
not
evaluated
in
the
Draft
EIR,
since
no
project-related
impacts
would
occur
in
these
areas.
Brisbane
Baylands
Final
EIR
2.9.2-22
May
2015