2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
See
9,
which
addresses
identification
of
wetlands
within
the
Baylands
Project
Site.
See
also
7
and
for
discussion
of
the
use
of
2010
as
the
baseline
year
and
discussion
of
the
effects
of
actions
undertaken
prior
to
the
2010
baseline
year.
Observations
of
wetlands
within
the
Baylands
were
conducted
in
2003,
2007,
2011,
and
2013
by
various
professional
individuals
and
consulting
firms.
All
of
this
information
was
used
to
create
the
2010
baseline
conditions
and
habitat
map
in
the
Draft
EIR,
Figure
4.C-1,
and
used
as
the
basis
for
determining
impacts
of
proposed
Baylands
development.
Because
the
Kinder
Morgan
tank
farm
is
not
part
of
the
733-acre
Baylands
Project
site,
in-situ
remediation
within
the
Kinder
Morgan
site
would
be
confined
to
the
Kinder
Morgan
site,
and
would
not
affect
the
Baylands
Project
site.
The
portions
of
the
Baylands
Project
site
in
the
area
cited
in
the
comment
as
containing
vernal
pools
does
not
contain
the
undisturbed
native
substrate
and
“hard
pan”
soils
needed
for
formation
of
a
vernal
pool.
The
area
referred
to
in
the
comment
is,
however,
part
of
a
tidally
influenced
area
identified
in
the
Draft
EIR
for
restoration
and
preservation.
While
the
Draft
EIR
identifies
both
freshwater
and
saline
wetlands,
it
did
not
attempt
to
characterize
one
type
of
wetlands
as
having
more
value
than
the
other.
Instead,
the
Draft
EIR
identifies
mitigation
for
both
types
of
wetland
to
ensure
that
impacts
to
restored
wetland
areas
would
be
less
than
significant.
(Please
see
discussion
in
the
Draft
EIR
at
pages
4.C-48
–
4.C-49.)
The
potential
frog
habitat
referred
to
the
comment
was
not
observed
during
the
numerous
site
surveys
conducted
in
2003,
2007,
2011,
and
2013
by
the
various
professional
individuals
and
consulting
firms
conducting
those
surveys.
As
set
forth
in
Mitigation
Measure
4.G-2a,
remediation
and
landfill
closure
are
required
to
precede
development
of
contaminated
lands
and
the
former
landfill.
The
Draft
EIR
discussion
of
baseline
conditions
is
based
on
field
surveys,
literature
and
data
base
review,
and
professional
judgment
of
qualified
biologists,
and
adequately
describes
baseline
conditions.
See
pertaining
to
analysis
of
past
actions
and
loss
of
habitat
within
the
Baylands.
As
noted
within
that
response,
the
Baylands
EIR
focuses
on
changes
to
the
physical
environment
that
would
occur
should
the
proposed
Baylands
program
be
approved.
The
Draft
EIR
does
not,
therefore
analyze
past
loss
of
habitat
areas
of
the
health
and
safety
associated
consumption
of
fish
from
Brisbane
Lagoon,
since
both
result
from
actions
distinct
and
separate
from
the
proposed
development
of
the
Baylands,
and
neither
would
result
from
implementation
of
proposed
Baylands
development.
Brisbane
Baylands
Final
EIR
2.9.2-23
May
2015