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1.0 INTRODUCTION This statement of findings addresses the potentially significant environmental impacts associated with the Union Pacific Expansion and Modernization Project located in the unincorporated San Joaquin County, California and is madepursuant to Section 15091 of the California Environmental Quality Act C CEQN' Guidelines,which provide that (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes findings one or more written n for each of those significant effects, accompanied by a brief explanation of the rationale for each finding.The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. Semon 15092 of the CEQA Guidelines further stipulates that A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either: (1) The project as approved will not have a significant effect on the environment,or (2) The agency has: (A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091,and (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. According to Section 15093 if the CEQA Guidelines: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposedppro ect against its unavoidable environmental risks when determining whether to approve the project. If e specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may lie considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in November 2012 1 Findings of Fact/ Statement of Overriding Considerations