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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 alternative mitigation measure is the some the same mitigation measure for the existing approved Vernalis Central application (Quarry Excavation Application No. QX-91- 5 of Teichert Aggregates). This application should include the some mitigation measures as the adjoining operation. It is necessary for Teichert Aggregates to have flexibility in mitigating any impacts with the understanding that it will comply with the State and Federal Endangered Species Act. In response to McGrew's comment letter, the EIR consultant, in cooperation with County staff, recommended that MM 4.3-2 read exactly as it had in Teichert's original Final EIR for QX 91-5. The Board of Supervisors certified the Final EIR with the original language intact. Later, however, when Teichert sought approval of a Quarry Excavation Application (No. PA-0500847), the Conditions of Approval (Condition 4(a)-(e) deleted the critical "or" language of MM 4.3-2, and directly required the applicant to pay the SJMSCP fees.This, of course, defeats the entire purpose behind MM 4.3-2, and makes a mockery of the notion that the SJMSCP is in fact a voluntary program. Subsequently, Quarry Excavation PA0500847 was approved by the San Joaquin County Planning Commission on September 6, 2007. KRC purchased a portion of the property covered by PAO500847 (known as the "Raspo Property") in 2015. At that time, KRC was advised by then-Director Kerry Sullivan to submit an Improvement Plan and to comply with all Mitigation Measures and Conditions of Approval prior to mining the Raspo Property. However, the proposed Condition of Approval for potential impacts to threatened and/or endangered species is not consistent with Mitigation Measure 4.3-2 of the Final EIR. Thus, KRC requests that Condition 4 be modified 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."