2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
The
sixth
bullet
point
in
Mitigation
Measure
4.C-1g
calls
for
establishment
of
vegetated
swales
and
use
of
permeable
pavement
materials,
where
appropriate.
The
seventh
bullet
point
in
Mitigation
Measure
4.C-1g
calls
for
provision
of
native
vegetation
buffers
and
substitution
of
vegetation
for
rip
rap,
concrete,
and
other
hard
shoreline
and
bank
erosion
control
methods
where
practical.
The
Draft
EIR
does
not
preclude
implementation
of
“phytoremediation”
or
other
techniques
as
advances
in
technology
become
available.
Issues
of
sedimentation
in
the
Lagoon
and
Bay
are
addressed
in
Mitigation
Measure
4.C-1g.
The
fill
to
be
imported
for
Title
27
landfill
closure
is
different
that
the
fill
materials
currently
being
processed
as
an
interim
use
within
the
Baylands.
Title
27
landfill
closure
will
be
undertaken
under
the
authority
of
the
RWQCB,
and
will
not
be
permitted
to
create
new
exposure
pathways.
Please
see
9
and
pertaining
to
identification
of
wetlands
and
impacts
of
past
actions
that
may
have
impacted
wetlands.
Impacts
to
wetlands
with
the
Baylands
would
occur
initially
as
a
result
of
site
remediation
activities,
and
the
Draft
EIR
includes
mitigation
measures
4.C-2a,
4.C-2b,
and
4.c-2c,
to
offset
this
impact.
Restoration
of
wetlands
impacted
by
remediation
and
development
activities
will
be
implemented
according
to
current
federal
and
state
standards
as
described
in
the
Draft
EIR,
including
“no
net
loss”
of
wetlands.
Furthermore,
Mitigation
Measure
4.c-1g
identified
in
the
Draft
EIR
requires
preparation
and
implementation
of
comprehensive
Open
Space
and
Wildlife
Habitat
and
Marsh
Protection
plans,
which
will
provide
for
a
mosaic
of
habitat
types
including
wetlands
and
riparian
habitat
to
be
preserved
within
the
Baylands
Project
site.
Development
and
implementation
of
such
plans
would
include
analysis
of
hydrology
and
availability
of
water
to
support
on-site
constructed
wetlands
as
part
of
the
wetland
restoration
design
process
required
in
Mitigation
4.C-2c.
Although
coordination
with
other
regulatory
agencies
like
the
U.S.
Army
Corps
of
Engineers
pursuant
to
the
Clean
Water
Act
and
the
CDFW
pursuant
to
California
Endangered
Species
Act
and
Fish
and
Game
Code
will
occur,
the
City
of
Brisbane
will
retain
authority
over
the
Baylands
Project
site,
including
approval
of
any
habitat
creation
plans.
The
comment
cites
the
statement
on
page
4.C-48
of
the
Draft
EIR
that
“
Overall
the
restored
wetlands
would
exceed
the
ecological
functions-and-values
currently
present,”
and
states
that
“creating
‘natural
assemblages’
and
1:1
mitigation
ratios
without
a
stewardship
program,
is
not
the
same
as
mitigated
habitat
restoration.”
Mitigation
Measure
4.C.4-1a
Brisbane
Baylands
Final
EIR
2.9.2-48
May
2015