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Attachment 2 to Application for Development Agreement <br /> No Waiver <br /> Union Pacific Railroad Company is a federally-chartered railroad corporation, and it is not <br /> required to obtain a use permit or any other discretionary land use approvals from the County of <br /> San Joaquin or any other state or local public agency in connection with the Union Pacific <br /> Expansion and Modernization Project(the"Project"). Therefore,the California Environmental <br /> Quality Act, and, among other laws, state and local land use laws, do not apply to Union Pacific's <br /> Project. Nevertheless, Union Pacific agreed to obtain a use permit and to have an environmental <br /> impact report("EIR")prepared to address any concerns the County, other public agencies or the <br /> public may have regarding the Project. The use permit for the Project(PA 0900184)has been <br /> approved by the County and the EIR for the Project has been certified. Union Pacific is now <br /> submitting this application for a Development Agreement for the Project while reserving, and <br /> without waiving any legal rights it may have, including without limitation, the right to challenge <br /> whether the County has jurisdiction over the Project and whether CEQA applies. <br /> Attachment 2 to Application for Development Agreement <br />