Agenda - 01-22-2009 - 3b; VAD - Minka Farm

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2 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 Have 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. At 275 acres, the six tracts exceed the 20-acre minimum to participate in the VAD program. The Orange Soil and Water Conservation District Office (NRCS) and the Tax Supervisor have provided memoranda (attached) which indicate that 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 the application in accordance with documentation that the farm meets the certification requirements. Following BOCC approval, the property owner(s) sign a conservation agreement, as provided in the North Carolina General Statutes, 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 request. The Agricultural Preservation Board voted unanimously to approve the certification of Minka Farm as qualifying farmland at its October 15, 2008 meeting. The property includes five tracts in Cheeks Township (TMBL# 3.54..11 E, TMBL# 3.55..11, TMBL# 3.55..12, TMBL# 3.55..6, TMBL# 3.55..13)), and one additional tract in Bingham Township (TMBL# 6.3..1). The Agricultural Preservation Board recommends the designation of Minka Farm, LLC, totaling 275 acres as a certified qualifying farm in the Cane Creek/Buckhorn Voluntary Agricultural District. The addition of Minka Farm would increase the number of farms in the VAD program to thirteen and the total number of acres to 2,734. FINANCIAL IMPACT: There is no fiscal impact associated with this item. Voluntary agricultural districts are non-monetary conservation agreements. RECOMMENDATION(S): The Manager recommends the Board certify Minka Farm, LLC, as qualifying farmland and designate it as the first farm within the Cane Creek/Buckhorn Voluntary Agricultural District.