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ATTACHMENT 4 <br /> NO WAIVER <br /> It is the Applicant's position that, as a federally-chartered railroad corporation, it is not required <br /> to submit a Site Improvement Plan or Use Permit or obtain any other land use approval from the <br /> County of San Joaquin or any other state or local public agency in connection with any proposed <br /> expansion of its Lathrop Intermodal Facility. The Applicant also believes that, since it is not <br /> required to obtain any land use approvals, the California Environmental Quality Act does riot <br /> apply to its proposed expansion Project. <br /> Nevertheless in order to work in good faith with the Count to attempt to address an concerns <br /> g Y p Y <br /> the County may have regarding the proposed additional parking area for intermodal units, the <br /> Applicant is voluntarily submitting this Site Improvement Plan while reserving and without <br /> waiving any legal rights it may have, including without limitation, the right to challenge whether <br /> the County has jurisdiction over the proposed project. <br /> 1 <br /> 938852 v1 ATTACHMENT 5 <br /> i <br />