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DES:dft /21/95 (007/12) <br /> <br /> WHEREAS, in 1989 a draft supplemental environmental impact <br />report (the "SEIR"), in the form of a health risk assessment, was <br />prepared by ChemRisk, a division of McLaren Environmental <br />Engineering, which examined potential health risks related to the <br />then proposed development, and which concluded that there would <br />be no significant health risks resulting from development of the <br />Property; and <br /> <br /> WHEREAS, the United States Environmental Protection Agency <br />("EPA") conducted a site study and analysis to determine if the <br />Property should be placed on the National Priorities List under <br />the Federal Comprehensive Environmental Response, Compensation <br />and Liability Act of 1980, as amended; and <br /> <br /> WHEREAS, in 1991 the EPA concluded that the Property did not <br />qualify for federal cleanup action; and <br /> <br /> WHEREAS, in 1994, Westport submitted a revised proposal for <br />development of the Property in the form of the Project, which, in <br />comparison with the approved development described in the 1985 <br />Development Agreement results in a less dense development, less <br />visual impact, greater landscaped areas, and less vehicle traffic <br />trips; and <br /> <br /> WHEREAS, in connection with the 1994 proposal, a technical <br />addendum to the draft SEIR entitled, "Applicability of ChemRisk <br />Assessment for the Westport Site", dated June 28, 1994 (the <br />"Technical Addendum"), was prepared for the Project, which <br />concluded that, consistent with the draft SEIR, no significant <br />health risks would be created by the Project; and <br /> <br /> <br />