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TABLE 1 <br />PERSONS, ORGANIZATIONS, AND PUBLIC AGENCIES <br />COMMENTING <br />Comments Received From Affiliation Date <br />Edward H. McCormick East Bay Municipal Utility District December 30, 2004 <br />Robert W. Floerke Cal Department of Fish and Game December 21, 2004 <br />D.R. Quinn* Kinder Morgan February 1, 2005 <br />Timothy C. Sable* Deparhnent of Transportation February 3, 2005 <br />* Comment letter received after the close of the comment period <br />The discussion presented below responds to public comments and either clarifies or amplifies <br />information presented in the MND, discusses items that may not have been analyzed because they <br />were not considered significant impacts of proposed project modifications, or augments existing <br />measures in response to requests from other agencies. Because no new significant impacts were <br />identified as a result of responding to comments, and all existing mitigation measures are <br />adequate to reduce potential effects to less-than-significant levels, the impact analysis presented <br />in the MND has not been revised. Two minor text changes were made by City staff and are <br />presented at the end of this memo; these changes do not affect the impact analysis. Therefore, <br />this Memorandum, in combination with the Mitigated Negative Declaration, completes the Final <br />MND and no recirculation of the MND is warranted. <br />Issues Raised in EBMITD Comment Letter <br />Comment on EBMUD Approval <br />On page 2-3 of the IS/MND, EBMUD is not included in the list of agencies from which <br />approval is required. Under Public Utilities Code Section 12818, EBMUD is the sole <br />retailer of water for municipal, domestic, industrial, or similar purpose within its service <br />area (including the area of the proposed Project). Any use or distribution of recycled <br />water on public lands, beyond the City's Water Pollution Control Plant, will require . <br />EBMUD's permission. <br />Discussion <br />The City does not agree that it must obtain approval from EBMUD to distribute recycled water on <br />public lands. The areas to be served by this project only include City-owned properties and <br />potentially Oyster Bay Regional Park. Oyster Bay is not an EBMUD water customer. <br />Comment on EBMUD Agreement <br />