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Cemex Verri Quarry Mining and Reclamation Project Classification(LCC)of the soils,and those soils currently considered Prime would no longer _ qualify as such.However,this change is identified in the DEIR as less than significant for the following reasons: • The reclaimed use of the slopes will remain consistent with the County's agricultural — zoning. • The land will be available for open space and limited agricultural use (such as grazing). • Open space and grazing lands are compatible with adjacent agricultural uses,so no nuisance or growth-inducing effects would occur,as would be typical of a conversion to urban uses. As this impact is identified as less than significant,mitigation is not required under CEQA(see Guidelines Section 15126.4[a][3]). Comment G-2 Commenter states that mineral extraction is generally not a compatible use under the Williamson — Act(per section 51238.1 of the Act)and that the contract must be terminated prior to commencement of operations. Mineral extraction may be allowed section 15238.2 if the proper findings can be made.Plant sites are not compatible uses. The Department disagrees with the DEIR's finding that the exception under section 15238.3, regarding contracts entered into prior to June 7, 1994, applies to the present circumstances. The Departmentfurther recommends that the County not approve mining on the contracted lands until the involved contract has been terminated(through non-renewal, cancellation, easement exchange, or some combination), and that the FEIR address the issue of compatibility in light of — these comments. The phasing of the project has been revised to avoid conflict with Williamson Act lands. See _ Chapter 4 of the FEIR for revised phasing. In addition,notices of non-renewal have been filed for the subject areas. Comment G-3 Commenter encourages use ofagricultural conservation easements as a means of mitigation for the loss ofagricultural land — As stated in the response to Comment G-1,the EIR finds impacts to agricultural land to be less than significant given that mining will be phased and the reclaimed end use will be agriculture. Therefore,mitigation measures are not required or discussed in the EIR. Letter H. USFWS Comment H-1 Commenter describes the project site. No response necessary. — Cemex Vernalis Quarry Mining aM Reclanatbn Project 3-32 ESA/203015 Final Environmental Impact Report June 2008