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Description of the proposed Revisions. Modify Condition 4 (Council of Governments) of Quarry Excavation PA0500847)so that it is consistent with Mitigation Measure 4.3-2 of the Final EIR(SCH#_) to read in full as follows: "Prior to site disturbance, the project proponent shall either(a)comply with the SJMSCP(including pre-construction special-status species surveys, and implementation of Incidental Take Minimization Measures)and pay appropriate mitigation fees as determined by the SJMSCP;OR,IN THE ALTERNATIVE, (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. The applicant shall undertake pre-construction special-status species surveys, and implementation of Incidental Take Minimization Measures outlined in the SJMSCP. Compliance with the State or Federal Endangered Species Acts 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. Upon receipt of a fully executed indemnification agreement, and notification to authorized representatives of the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service that the applicant has elected not to participate in the SJMSCP, the County shall issue grading and quarry excavation permits for the project." Facts showing changes in circumstances. In 2007, KRC's predecessor in interest, Teichert Aggregates obtained land use entitlements to conduct aggregate mining on approximately 700 acres, which included the subject property. A Final Environmental Impact Report(the"Final EIR")for the project, known at that time as "Vernalis East and West", was certified in June 2007. The Final EIR included a comprehensive analysis of all of the potentially significant environmental impacts associated with carrying out the Project. Notably,the Final EIR included a detailed chapter on the Project's potential to impact wetlands and special status species, and included specific mitigation measures to address such impacts. Teichert's attorney Michael McGrew submitted a comment letter on the Draft EIR indicating that a previously approved mitigation measure had been improperly modified. The letter read as follows: Dear Mr. Swanson: We have reviewed Biological Resources Mitigation Measures 4-3-2 and find it to be incomplete. It reads: Prior to site disturbance, the project proponent shall comply with the SJMSCP (including pre-construction special-status species surveys, and implementation of Incidental Take Minimization Measure) and pay appropriate mitigation fees as determined by the SJMSCP. The following alternative should be added: or, "in carrying out the operations of the project, the applicant shall take no actions that violate the provisions of the Slate 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,