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Ms. Leanne Mueller October 18, 2002 Page 3 of 4 The Williamson Act Easement Exchange Program (WAEEP), established pursuant to Government Code §§51256 - 51256.2, provides for an agreement to rescind a contract in accordance with cancellation provisions in order to simultaneously place other land under an agricultural conservation easement. Among other requirements, the value of the easement must be equal to or greater than the rescinded contract's cancellation fee pursuant to Government Code §51283(a)(b). In addition, the easement land must be the same size or larger than the Williamson Act contracted land rescinded. In order to take effect, such an agreement must receive the approval of the Director of Conservation. The easements established under a Williamson Act Easement Exchange cannot be used as mitigation for impacts resu!tir,g from development of the Williamson. Act contracted land. Uses on contracted land must meet compatibility standards identified in Government Code §§51238 - 51238.3, as well as conditions imposed by the contract and local administering authority for the contract. 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)." Finally, the Department has determined that the less stringent requirements afforded mineral extraction do not extend to mineral processing. For example, the intensive and industrial nature of batch plants does not lend itself to a Board finding of compatibility.