For Unlisted Actions that involve an applicant, the lead agency may use the Conditioned Negative Declaration (CND) procedure. The following elements are necessary to support use of a CND.
The conditions appropriate for use in a CND are those outside the normal jurisdiction of the agency. A condition that requires analysis of the results of a future study is inappropriate. Such information must be available prior to determining significance. If comments are received, that in the lead agency's judgement, support the preparation of a draft E.I.S., or if the applicant requests an E.I.S., proceed to step 5.
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