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Jul-055-2006 15:20 From-DIVISION OF LAND RESOURCE PROTECTION 19163273430 T-568 P.004/004 F-807 Mr. Chandler Martin, Deputy Director July 5, 200E Page 4 of 4 nevertheless be con:>idered, The adoption of a Statement of Overriding Consideration does not absolve the agency of the requirement to implement feasible mitigation that lessens a project's impacts. A principal purpose of an El is to present a discussion of mitigation measures in order to fully inform decision-makers and the prnblic about ways to lessen a project's impacts. In some cases, the argument is made that mitigation cannot reduce impacts to below the level of significance because agricultural land will still be convened by the prcject, and, therefore, mitigation is not required. However, reduction to a level below significance is not a criterion for mitigation. Rather, the criterion is feasible mitigation that lessens a project's impacts. Pursuant to CEQA Guideline 15370, mitigation G3 includes measures fiat "avoid, minimize, rectify, reduce or eliminate, or compensate" for cont the impact. For exainple, mitigation includes "Minimizing impacts by h niting the degree or magnitude of the ac,ion and its implementation (§15370(b)) or "Compensating for the impact by replacing or providing substitute resources or environments (§15370(e))." All measures ostensibly feasible should be included in the DEIR. Each measure should b discussed, as well as the reasoning for selection or rejection. A meas.ire brought to the attention of the Lead Agency should not be left out unless it is infeasible on its face. Finally, when presenting mitigation measures in the DEIR, it is important to note that mitigation should be specific, measurable actions that allow monitonncl to ensure their implementation and evaluation of success. A mitigation consisting only of a statement of intention or an unsp Dcified future action may not be adequate pursuant to CEQA. Information about algicultural conservation easements, the Williamson, Act and provisions noted above is available on the Department's website or by contacting the Division at the address and phone number listed below. The Department's website address is: http://www.conservation-ca.ciov/dIrp/index.htm Thank you for the opportunity to comment on this DEIR. If you have cluestions on our commisnts or requir - technical assistance or information on agricultural land conservation, please contact Bob Blanford at 801 K Street, MS 18-01, Sacramento, California 95814; or, phone (916) 327-2145. Sincerely, Dennis .l. O'Bryant Acting Assistant Director cc, State Clearirghouse San Joaquin County Resource Conservation District 1222 Monac) Ct. #23 Stockton, CA 95207