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1 subsequent or supplemental EIR now that there is a 2000<br />

2 mitigated negative declaration out there.<br />

3 So you're not writing on a clean slate. You<br />

4 would have to make the findings of these new<br />

5 circumstances or new information of substantial<br />

6 importance, <strong>and</strong> you might choose to do that topic by<br />

7 topic. You might choose to do it full on, but you're<br />

8 not writing on a clean slate. There is a significant --<br />

9 there is a presumption for the Applicant that the<br />

10 original document was adequate <strong>and</strong> that you have to make<br />

11 these determinations on substantial evidence as to new<br />

12 circumstances or new information of substantial<br />

13 importance.<br />

14 MR. BIERIG: Isn't that document already<br />

15 adequate? Isn't it deemed adequate because it was done<br />

16 <strong>and</strong> existed <strong>and</strong> was the basis for this one? It wasn't<br />

17 challenged --<br />

18 MR. GHIZZONI: Chairman, are you referring to<br />

19 the 2000 mitigated negative declaration?<br />

20 MR. BIERIG: Right.<br />

21 MR. GHIZZONI: That's correct. Any<br />

22 challenges to that document are time --<br />

23 MR. BIERIG: So the information in there is<br />

24 considered accurate <strong>and</strong> can be used for -- maybe not<br />

25 accurate but can be used as a basis for future decision<br />

346

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