Staff Reports - East Bay Municipal Utility District

4. The potential environmental impacts of the Project are fully disclosed in the MND, and said
MND is adequate for use by EBMUD for the approval, design, and implementation of the
Project.
5. The Board of Directors makes the findings and determinations regarding the proposed
Project set forth in the Board's Findings Regarding the Project, attached hereto as Exhibit A
and incorporated herein by this reference.
6. The Board of Directors hereby approves, adopts, and imposes the MMRP attached hereto as
Exhibit B. The mitigation measures adopted by the Board in its Findings are hereby
incorporated into the Project.
7. The documents and materials constituting the record of this proceeding are located at
EBMUD's administrative offices, 375-11 th Street, Oakland, CA 94607. The custodian of said
records is the Secretary of the District.
8. In the preparation of the MND, every effort has been made to utilize the best information
available and to incorporate new information as it became available, including information
obtained from the public and from other agencies.
9. No substantial changes in circumstances have occurred since preparation of the MND which
would require revisions to the MND or consideration of a full Environmental Impact Report
(EIR) due to the discovery or disclosure of new significant environmental impacts not
covered in the MND, and there is no requirement to recirculate the MND or prepare an EIR.
BE IT FURTHER RESOLVED that in accordance with CEQA, the Board determines that
impacts identified in the MND as potentially significant have been reduced to a less than
significant level because EBMUD has made or agreed to Project revisions and/or mitigation
measures. EBMUD, acting as lead agency, has therefore determined that a
Mitigated Negative Declaration is appropriate for this Project.
BE IT FURTHER RESOLVED that based on the whole record before it, including the
Initial Study, the Board of Directors finds that there is no substantial evidence that the
Project will have a significant effect on the environment. Therefore, the MND, including the
MMRP, is hereby approved as having been completed in compliance with CEQA.
BE IT FURTHER RESOLVED that the Project, as described in said MND, is hereby approved
and the General Manager is hereby directed to take such actions as shall be necessary to
implement this determination to carry out the Project.