Agenda - 09-20-2011 - 5m; VAD - Maple View Farm-Nutter

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2 3. Be certified by the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture as being a farm on which at least two-thirds of the land is composed of soils that: a. Are best suited for providing food, seed, fiber, forage, timber, forestry products, horticultural crops and oil seed crops; b. Have good soil qualities; c. Are favorable for all major crops common to the county where the land is located; d. Have a favorable growing season; and e. Receive the available moisture needed to produce high yields for an average of eight out of ten years; OR at least two-thirds of the land has been actively used in agricultural, horticultural or forestry operations as defined by N.C.G.S. §105-277.2 (1, 2, 3) during each of the five previous years, measured from the date on which the determination must be made as to whether the land in question qualifies; 4. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly-erodible land; and 5. Be the subject of a conservation agreement, as defined in N.C.G.S. §121-35, between the County and the owner of such land that prohibits non-farm use or development of such land for a period of at least ten years, except for the creation of not more than three lots that meet applicable County zoning and subdivision regulations. The Nutters' application includes the following four parcels totaling more than 382 acres: 1) PIN# 9850-69-358.9 - 305.54 acres 3) PIN# 9851-81-3392 - 32.13 acres 2) PIN# 9850-68-1310 - 9.93 acres 4) PIN# 9851-75-6475 - 35.24 acres Together the four tracts exceed the minimum acreage requirement for agricultural use value, and for participation in the County's Voluntary Agricultural District program. The Orange Soil and Water Conservation/NRSC District Office and the Tax Supervisor have provided memoranda that indicate the farm complies with the certification requirements outlined in the VFPO (see Attachments #3 and #4). To be designated as part of a voluntary agricultural district, the Board of Commissioners must approve that the farm meets the certification requirements. Following BOCC approval, the property owner(s) sign a conservation agreement between Orange County and the owner(s) that prohibits non-farm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable Orange County zoning and subdivision regulations. The property owner(s) may leave the program by providing a written notice (see Attachment #6). On August 17, 2011 the Agricultural Preservation Board voted unanimously to approve the certification of all four tracts. The Agricultural Preservation Board recommends the designation of Maple View Farm, four tracts, totaling 382 acres as a certified qualifying farm. The bulk of Maple View Farm is in the White Cross Voluntary Agricultural District, but