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STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governo, <br /> DEPARTMENT OF CONSERVATIONa <br /> DIVISION OF ADMINISTRATIVE SERVICES <br /> ')IVISION OF MINES AND GEOLOGY <br /> AVISION OF OIL AND GAS <br /> DIVISION OF RECYCLING I.-. 1416 Ninth Street <br /> SACRAMENTO,CA 95814 <br /> TDD 1916)324-2555 <br /> = ATSS 454-2555 <br /> (916) 322-5873 <br /> TDD (916) 324-2555 <br /> ifit11K U 15j 1 <br /> Mr. Kerry Sullivan <br /> San Joaquin County <br /> Community Development Department <br /> 1810 East Hazelton Avenue <br /> Stockton, CA 95205 <br /> Dear Mr. Sullivan: <br /> Subject: Notice of Preparation (NOP) of a Draft Environmental Impact <br /> Report (DEIR) for the Buckeye Ranch Project - SCH# 91012103 <br /> The Department of Conservation has reviewed the County of San <br /> Joaquin's Notice of Preparation for the proposed project for a <br /> private, gated community of 26 homesites, an 18 hole golf course, <br /> an equestrian center, and a 720 acre nature preserve on a total <br /> of 870 acres. The site is currently enrolled in a Williamson Act <br /> contract. <br /> The applicants are willing to either proceed with the proposed <br /> development under the Williamson Act, or to accept a cancellation <br /> of the Williamson Act contract, at least as to that portion of <br /> the property on which the golf course and home sites are <br /> contemplated. <br /> The Department of Conservation is directed to interpret the <br /> Williamson Act by Government Code Section 51206. The overarching <br /> purpose of the Act is to "maximize the preservation of <br /> agricultural land and discourage the premature conversion of such <br /> land. . . . " County of orange v Kenneth Cory (1979) 97 Cal.App. 3d <br /> 760. For purposes of the Williamson Act, "agriculture" must be <br /> defined in light of Article 13 , Section 8 of the California <br /> Constitution which requires "the production of food and fiber. " <br /> The Department believes that neither the proposed residential <br /> development, nor the proposed private golf course, are compatible <br /> with the current contracted status of the Buckeye Ranch. At the <br /> same time, the Department applauds the proposed dedication of 720 <br /> acres as an open space nature preserve. <br /> The Attorney General 's Office has twice opined that subdividing <br /> contracted lands for the primary purpose of residential <br />