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Ms. Leanne Mueller January 29, 2002 Page 4 of 6 notification must be submitted to the Department and comments considered prior to any action on the proposed cancellation (Government Code §51284.1) • Uses on contracted land must meet compatibility standards identified in Government Code sections 51238 - 51238.3, as well as conditions imposed by the local administering authority for the contract. Otherwise, contract termination (see paragraph above) must occur prior to the initiation of the land use. In particular, Government Code §51238.1 includes three principals of compatibility for determining compatible uses. In part, "(1) The use will not significantly compromise the long-term productive agricultural capability of the subject contracted parcel or parcels or on other contracted lands in agricultural preserves. (2) The use will not significantly displace or impair current or reasonably foreseeable agricultural operations on the subject contracted parcel or parcels or on other contracted lands in agricultural preserves. (3) The use will not result in the significant removal of adjacent contracted land from agricultural or open space." Government Code §51238.2 provides that "Mineral extraction that is unable to meet the principles of§51238.1 may nevertheless be approved as compatible use if the board or council is able to document that (a) the underlying commitment to preserve prime land as defined in subdivision (c) of Section 51201, or(b) the underlying commitment to preserve nonprime land for open- space use as defined in subdivision (c) of Section 51201, will not be significantly impaired." In addition, "Conditions imposed on mineral extraction as a compatible use of contracted land shall include compliance with the reclamation standards adopted by the Mining and Geology Board pursuant to section 2773 of the Public Resources Code, including the applicable performance standards for prime agricultural land and other agricultural land, and no exception to these standards may be permitted (§51238.2)." Notwithstanding other issues of compatibility, reclaiming Prime Farmland to open space may be inconsistent with requirements for compatibility and reclamation noted above. In addition, the Department has determined that the less stringent requirements afforded mineral extraction do not extend to mineral processing, which does not lend itself to a board or council finding of compatibility. Further, the Williamson Act contract date should be identified pursuant to §51238.3, which includes provisions effective January 1, 2001 , regarding compatible uses specified within the contract. The Department recommends that the EIR address the project's compliance with the compatible use requirements noted above and the process for obtaining a determination