SU0004126 - Laserfiche WebLink

Home Browse Search

{ To Planning Commission From: Thomas Gau Sub QX-91- 5 (Teichert) Date: 9-1.6-93 Page. - 2 - Federal Endangered Species Acts with respect to the San Joaquin Kit fox prior to the initiation of the use. Proposed Condition of Approval No. 6.b. : In carrying out the operations of the project, the applicant shall take no actions that violate the provisions of the State or Federal Endangered Species Acts or any regulations promulgated pursuant thereto. Compliance with said laws shall be the sole responsibility of the applicant, and the applicant agrees to indemnify, defend, and hold the County harmless from and against any claim or action by affected State or Federal agencies as to the project' s compliance with said laws. The existing Condition of Approval was adopted by the Planning Commission on December 3 , 1992 , when it approved Quarry Excavation Application No. QX-91.-5 to permit the phased excavation over a 50- year period of the Hospital and Lone Tree alluvial fans on a 736- acre portion of an 820-acre site located southeast of Tracy. The applicant states that the revision would allow Teichert Aggregates to "obtain the Use Permit and proceed with the project t while negotiating with the Department of Fish & Game and the U. S. i Fish & Wildlife Service to continue. " The applicant also states that Teichert would "be required to comply with applicable State and Federal laws, but responsibility for ensuring compliance would Shift away from the County to the respective agencies, and monitoring .of compliance would be ongoing. " In its response to the application referral, the Department of Fish and Game recommended that the proposed revision be denied because it would remove the mitigation contained in the adopted Condition of Approval. Both F the adopted and proposed Conditions of Approval contain the requirement for compliance with the State and Federal Endangered Species Acts. The proposed Condition of Approval is consistent with conditions recently approved by the Planning Commission on Use Permit Application No. ' s UP-93-3 and UP-93-7 . The proposed revision of Condition of Approval No. 6.b. does not alter any of the other adopted Conditions of Approval, and its approval is consistent with the requirements of the Development Title. t 1 TCT/RL/blm Attachments