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2. That the cancellation is in the public interest. Each of these findings include sub-findings that also must be made by the Board. The applicants have submitted supporting language for both sets of findings. They believe that both sets of findings have substantial merit and that the Board should have the opportunity to decide which set they prefer to use if they decide to take an action to approve the cancellations. Both sets of findings are attached to this Board Letter as Attachments E(1) and E(2). Further, each set of findings has been specifically tailored to the particulars of the Buckeye Ranch site. Attachment E(2) contains the supporting language for the findings and sub-findings regarding consistency with the purposes of the Williamson Act. Letters in Opposition: Attachment F includes letters received from Senator Patrick Johnston, the Department of Fish and Game, the Department of Conservation and several individuals in opposition to the Williamson Act Contract Cancellation. The Department of Conservation notes that contract cancellation is reserved for unusual 'emergency' situations, and that the Supreme Court has stated that cancellation is not appropriate where the objectives served by cancellation could be served by nonrenewal. The Department of Fish and Game states that several biological issues they raised at the Draft EIR stage have not been adequately addressed in the Final EIR stage have not been adequately addressed in the Final EIR, thus they recommend that the FEIR not be certified, and that the contract not be cancelled until the issues they identified be resolved. These issues include: inadequate surveys for the Valley Elderberry Longhorn Beetle (federally threatened) inadequate discussion and lack of mitigation for the Greater Sandhill Crane (state threatened), lack of information regarding the amount of seasonal wetland habitat which will be lost and no mitigation for this loss, and does not resolve the issue of how to mitigate for the intrusion into the mature riparian forest, the resultant loss of 13 acres of habitat and subsequent degradation of habitat quality. Cancellation Value and Cancellation Fees: The County Assessor is responsible for computing a cancellation fee for the subject property based on 121/2 percent of the current market value. Prior to giving tentative approval to the cancellation of any contract, the Board must certify to the County Auditor the amount of the cancellation fee that the landowner must pay upon cancellation. The computed fee calculation is provided as follows: Portion of APNs 003-060-01, 003-060-02, 003-100-01 Total Acres = 337 Value = $674,000.00 Penalty Factor = x 12.5% Total Penalty Amount = $ 84,250.00 Conditions and Contingencies: Before the Board can execute a final Certificate of Cancellation, the landowner must satisfy the following conditions and contingencies: 1. Payment in full of the amount of the cancellation fee. Unless the fee is paid within the time period specified by the County Assessor (which is: One year from the date of the recordation of the tentative cancellation), said fee shall be recomputed as of the date of the notice from the landowner that all other conditions and contingencies have been satisfied. 2. Obtain approval of a Planned District Phase II application. 3. Secure appropriate permits from the county for the proposed uses. BOS LETTER PAGE 3