Section 66682 Of Chapter 6. White Slough Protection And Development From California Government Code >> Title 7.2. >> Chapter 6.
66682
. The commission shall issue a permit for all, or any portion,
of the White Slough Project only if the commission finds that the
work is consistent with the plan, subdivision (b) of Section 66681,
and all of the following requirements have been met:
(a) The city and the county have adopted the necessary
implementing ordinances and have amended their general and specific
plans.
(b) The department limits the project to a four-lane highway with
the minimum medians and shoulders necessary to assure highway safety,
and the project does not permit access to the wetlands north of
State Highway Route 37.
(c) A minimum fill of tidal areas will result from construction of
the combined flood barrier, new sewerline, and widened State Highway
Route 37 and associated interchanges, which in no event will result
in the loss of more than 13 acres of tidal areas.
(d) Fill of tidal and tidally influenced wetlands will be
mitigated on a four-to-one basis in the vicinity of the project, and
the mitigation will consist of the acquisition of upland areas which
do not presently provide unique or especially significant wildlife
habitat and the creation and permanent protection of new wetlands for
habitat purposes. The acquisition of the upland areas will take
place before construction of the highway project. Creation of new
wetlands will be done concurrently with the construction of the
highway project and will be monitored by an independent biologist.
There shall be assurances that the created wetlands will be fully
functional or additional measures shall be taken as described in
paragraph (5) of subdivision (b) of Section 66680.
(e) The project will provide a barrier to protect already
developed areas of the city from flooding.
(f) The project will include the covering of the flooded sewerline
south of State Highway Route 37 and the relocation of the flooded
line north of State Highway Route 37 within the area required for the
widening of State Highway Route 37.
(g) The project will provide improved water circulation and
waterflow throughout South White Slough, so as to minimize algal
growth and air pollution and to improve wetland habitat values.
(h) The White Slough Project is the least environmentally
damaging, feasible alternative identified pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).