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Project. Pursuant to this analysis, the County completed and certified the Environmental Impact Report(SCH No. 2010082016) (the"Project EIR") for the Project and also adopted a mitigation monitoring and report program("MMRP")to ensure that those mitigation measures incorporated as a part of the Use Permit for the Project are enforced and complied with. The County also adopted a Findings of Fact and Statement of Overriding Considerations ("Project Findings") for those adverse environmental impacts of the Project that may not or cannot feasibly be mitigated to a level of insignificance. Those exactions, which include the mitigation measures which UP will install or provide as required by the Use Permit and this Agreement, are set forth generally in the Use Permit,the Project EIR and the MMRP. Recital J. The County has conducted project-specific environmental review in connection with this Agreement and the Project in accordance with CEQA, and has determined based on substantial evidence in the record that the Project EIR has addressed any identified impacts or potential impacts associated with the Project and this Agreement. Because of this environmental review and the incorporation of certain mitigation measures set forth in the Project EIR, including the MMRP,the County has found in connection with its review and consideration of this Agreement that no subsequent or supplemental EIR is necessary or required under CEQA in order to enter into this Agreement, since it is consistent with, and within the scope of, the Project EIR for the Use Permit and because the mitigation measures provided for in the Project EIR are incorporated into the Use Permit and assured of fulfillment by the terms and conditions of this Agreement. Specifically, but without limiting the generality of the foregoing, the County has found and determined that none of the conditions set forth in Section 15162 of the CEQA Guidelines which would require a subsequent EIR are present; there are no substantial changes in the Project, or in the circumstances under which the Project is to be undertaken pursuant to this Agreement, which involve new significant impacts, or a substantial increase in the severity of previously identified significant impacts not considered in the previous Project EIR, and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Project EIR was certified, which shows any new significant impacts or significant impacts which will be substantially more severe than shown in the Project EIR, or which shows any new mitigation measures or alternatives, or that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, so that no further environmental analysis is required under CEQA in connection with the Existing Approvals, the Project or the County's approval of this Agreement, subject to such subsequent or additional environmental analysis and documentation as may be required, including mitigation, for Subsequent Discretionary Approvals. Recital K. As noted,the Project will expand the existing Facility to provide increased capacities for the efficient transportation of goods to and from San Joaquin County by rail transportation as an alternative to long-haul truck shipment on regional highways. As noted in the Project Findings,the Project will provide a number of significant benefits to the immediate community and San Joaquin County, including: (a) a total cumulative economic impact of $411.9 million during a fifteen year period from the start of construction, (b)the creation of a total annual average of 385 new jobs during the first phase of the Project's development and the creation of 623 jobs over the life of the Project, (c)a reduction in greenhouse gas and particulate matter emissions as goods are moved by rail as an alternative to long-haul truck shipment and reduced highway congestion and maintenance and improved highway safety, (d) because the -3-