2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
Please
see
for
discussion
of
the
San
Francisco
Forktail
Damselfly
in
the
vicinity
of
the
project
site.
The
sightings
referenced
in
the
comment
have
not
been
documented,
and
it
is
not
possible
to
know
who
observed
the
species,
when
the
observation
may
have
occurred,
or
the
precise
location
of
the
observation.
The
Draft
EIR
discloses
the
potential
occurrence
of
species
at
the
Baylands
based
on
an
analysis
of
existing
habitat
and
documented
occurrences
of
species
or
sources
populations
within
5
miles
of
the
site.
Surveys
and
direct
observation
combined
with
review
of
relevant
data
and
databases,
including
information
provided
following
release
of
the
NOP,
constitute
substantial
evidence
and
are
the
basis
of
the
analysis
included
in
Section
4.C,
Biological
Resources,
in
the
Draft
EIR.
The
comment
appears
to
be
based
on
a
misunderstanding
of
how
occurrence
potential
for
these
species
of
birds
is
determined,
and
how
it
is
used
to
evaluate
potential
impacts.
For
these
bird
species,
potential
occurrence
in
nesting
habitat
is
determined,
in
general,
nesting
birds
are
considered
more
vulnerable
to
potential
impacts
including
construction
disturbance.
Potential
impacts
related
to
forage
habitat
for
the
species
identified
in
the
comment
are
not
anticipated
or
would
be
less
than
significant
because
avian
species
can
easily
gain
access
to
adjacent
or
even
further
afield
habitats
that
provide
suitable
forage.
As
shown
in
Table
4.C-1
of
the
Draft
EIR,
rookeries
for
great
blue
heron
and
great
egret
have
not
been
identified
within
the
Baylands
Project
Site,
and
potential
nesting
habitat
for
the
great
blue
heron
and
great
egret
is
not
available
within
the
Baylands
Project
Site,
and
rookery
formation
is
therefore
unlikely.
While
the
large
eucalyptus
trees
present
at
the
margins
of
the
Baylands
Project
Site
represent
potential
nesting
locations,
high
levels
of
existing
disturbance
preclude
nesting
activity.
No
rookeries
were
observed
or
are
recorded
in
the
immediate
vicinity.
However,
individual
birds
are
likely
to
forage
within
area
wetland
habitats
and
at
Brisbane
Lagoon.
See
for
discussion
of
temporary
impacts
to
wetland
habitats
associated
with
site
remediation.
As
shown
in
Table
4.C-1,
barn
owls
have
been
observed
nesting
in
abandoned
and
underused
buildings
on
the
Baylands
Project
Site.
The
potential
for
owl
nesting
has
been
recognized
in
the
Draft
EIR’s
evaluation
of
Impact
4.C-1,
and
protection
measures
are
set
forth
in
Mitigation
Measures
4.C-1d
and
4.C-4f.
Title
12,
Chapter
12.12
of
the
Brisbane
Municipal
Code
requires
a
permit
for
removal
of
protected
trees,
or
any
other
tree
having
a
trunk
that
is
greater
than
30
inches
in
diameter
at
a
height
of
24
inches
above
grade.
Municipal
Code
Section
12.12.050
F
states
that
tree
removal
permits
may
granted
subject
to
conditions
including,
but
not
limited
to,
requiring
planting
one
or
more
replacement
trees.
In
addition,
Mitigation
Brisbane
Baylands
Final
EIR
2.9.2-66
May
2015