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Jul-05-2006 15:20 From-DIVISION OF LAND RESOURCE PROTECTION 19163273430 T-588 P-003/004 F-807 .. Mr. Chandler Martin, Deputy Director July 5, 2006 Page 3 of 4 — Therefore, the Depaitment recommends that the County not approve raining of the contracted land until the involved contract has been terminated. Optiols for termination include expiration through nonrenewal, which may require altering the :sequence of mining phases, cancellation of the contract for the 156 acres (section 51282 et seq.) or some G-z combination of partial nonrenewal and partial cancellation, or easement exchange cont. (sections 5.1256 and 51256.1). in the case of an easement exchange, we advise advance contact with the Department to review the application process and fea:;ibility. It should also be understood that t)e easement exchange cannot be used as mitigation. We recommend that the FEIR addre:,s the issue of compatibility in light of the above comments. Mitigation Measures The Department encourages the use of agricultural conservation easements on land of at least equal quality aid size as partial compensation for the direct loss of agricultural land. If a Williamson Act contract is terminated, or if growth inducing or cumulative agricultural impacts are involved, we recommend that this ratio be increased. We highlight this measure because o, its acceptance and use by lead agencies as miticlation under CEQA. It follows a rationale similar to that of wildlife habitat mitigation. The loss of agricultural land represents a permanent reduction in the State's agricultural land resources. Agricultural conservation easements will protect a portion of those ren aining resources and lessen project impacts in accordance with CEQA Guideline §1537'0. Mitigation using agricultural conservation easements can be implemented by at least two alternative approaches: the outright purchase of easements or the donation of mitigation fees to a local, regional or statewide organization or agency whose pr.rpose includes the acquisition and stewardship of agricultural conservation easements. -i he conversion of G-3 agricultural land should be deemed an impact of at least regional significance, and the search for replacerrant lands conducted regionally or statewide, and riot limited strictly to lands within the prgact's surrounding area. ` Other forms of mitigation may be appropriate for this project, including the following: Protecting farmland in the project area or elsewhere in the County through the use of less than permanent long-term restrictions on use such as 20-year Farmland Security Zone contracts (Government Code §51296 at seq.) or 10-year Williamson Act contract (Government Cade §51200 at seq.). • Directing a mitigation fee to invest in supporting the commercial viability of the remaining agricultural land in the project area, County or region through a mitigation bank that inves1,3 in agricultural infrastructure, water supplies, marketing, etc. • The Departmen• also has available listing of approximately 30 "co iservation tools" that have been used to conserve or mitigate project impacts on agricultural land. This compilation report may be requested from the Division at the address or phone numbs below. Although the direct conversion of agricultural land and other agricultural impacts are often deemed to be unavoidable by an agency's CEQA analysis, mitigation measures must