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HomeMy WebLinkAboutAgenda - 12-17-1996 - 8e 1 a ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date:December 17, 1996 Agenda Abstract Item#e_ SUBJECT: VOLUNTARY AGRICULTURAL DISTRICT DESIGNATION MAPLEVIEW FARM-PROPERTY OF ROBERT P. NUTTER DEPARTMENT: Planning PUBLIC HEARING: Yes —_No BUDGET AMENDMENT REQUIRED: Yes__(_No ATTACHMENTS: INFORMATION CONTACT: (1)Application Donald R. Belk (2)Vicinity Maps PIanner IUPreservation X2594 (3)Certifications: - Natural Resources Conservation Service PHONE NUMBERS: - Tax Supervisor Hillsborough 732-8181 (4)Staff Checklist Mebane 227-2031 (5)Draft Conservation Agreement Durham 688-7331 (6)Agricultural Districts Advisory Board Minutes, 11-20-96 Chapel Hill 967-9251 PURPOSE: To consider the application of Robert P. Nutter for certification of Mapleview Farm as qualifying farmland and designation as a Voluntary Agricultural District (see Attachments #1 and#2). BACKGROUND: Section IV.D.2. of the Voluntary Farmland Preservation Program Ordinance permits the Agricultural Districts Advisory Board to review and approve applications for qualifying farmland and make recommendations concerning the establishment and modification of agricultural districts. Section V of the Voluntary Farmland Preservation Program Ordinance contains the requirements for inclusion in a voluntary agricultural district. To be certified as qualifying farmland, a farm must: 1. Be participating in the farm present use-value taxation program established by the N.C. General Statutes, Sections 105-277.2 through 105-277.7, or is otherwise determined by the County to meet all the qualifications of this program set forth in the N.C. General Statutes, Sections 105-277.3. 2. Be certified by the Natural Resources Conservation Service 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, and oil oil seed crops; b. Have good soil qualities; f 2 C. Are favorable for all major crops common to Orange County; d. Have a favorable growing season; e. Receive the available moisture needed to produce high yields for an average of eight(8)out of ten(10)years; OR be one on which at least two-thirds of the land has been actively used in agricultural, horticultural or forestry operations as defined in the N.C. General Statutes, Section 105-277.2 (1,2, and 3), during each of the five (5) previous years, measured from the date on which the determination must be made as to whether the land in question qualifies. 3. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices as specified in the 1985 Food Security Act. The Orange Soil and Water Conservation District Office and the Tax Supervisor have provided memoranda which indicate that the Mapleview Farm complies with the above requirements (see Attachment #3). In addition, the Mapleview Farm is comprised of one tract, totaling 364.75 acres. Thus, the acreage requirement of Section V.B.I.a. is satisfied, since the farm consists of at least 80 contiguous acres. At its November 20, 1996 meeting, the Agricultural Districts Advisory Board voted unanimously to approve the certification of Mapleview Farm as qualifying farmland and recommend its designation as a voluntary agricultural district (see Attachment#6). RECOMMENDATION: The Administration recommends that Mapleview Farm, the property of Robert P. Nutter, be certified as qualifying farmland and designated as a voluntary agricultural district. Orange County 3 Agricultural Districts Advisory Board APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND AND DESIGNATION AS AN ORANGE COUNTY VOLUNTARY AGRICULTURAL DISTRICT INSTRUCTIONS: Before completing the application, please review the provisions of the Orange County Voluntary Farmland Preservation Program Ordinance, then fill out the form as accurately and completely as possible. Be sure to sign and date the form, and return it to the Orange County Planning&Lspections Department, 306F Revere Road, Hillsborough, N.C. APPLICANT: 4- 14-46 FD) Name: ,tn Address/: City: / State: Al,C ZIP Code: 2 Phone Number:(Home)_761 (work) PROPERTY INFORMATION: Property Location/Address: 3/ Oa,(lu�� IV s/Q //7`7 Township: Tax Map: Block: hot: tA4z,44 11-1 Parcel Identification Number [PIN]: q 8 51 -61- V06 N024 06 Number of Acres: 6 y 7 Deed Book: Page: �0 _ Does this land have a plan on file with the Soil Conservation Service or U.S. Forest Service? Yes: No: If "no", please complete back of form. Is this land listed for farm present use-value taxation with the Orange County Tax Office? Yes: � No: If"no", please complete back of form. OWNERM CERTl>N'ICATION: I (We), the applicant[s], hereby certify that, to the best of my [our] ability, the foregoing application is complete and accurate. Signature: �'W ly�� Date: -- ---- --Signature: --- --------_-----------Date:------ ----- — -- Please direct inquiries to: orange Soil tit water Comervation District Cooperative Emnsion Service Orange County Planning&Empecdow Department HMAwm&732-3181•czl4 t®W7-9zs1"tom 6WIWI*Msb".2274M1 tmelit#1 4 �n o �t t r c+ So fit Z \ OIF Do H G G i 5 SS .. — 2.CSAC. 1ao91e. i- � s14• _ ® 1001 AC, a.3 AC. .=131 i SCALE nn 4 1024 AC. I a aAC. I� / s M ITAC. •0314 _ t.62 AC. O10.1 AG. ® «e• 74 AC ..O ..1 03.00 AC. al -- .3119 _ of 33 2s 37.35 1C. < ' It, 35 TX* C'11 J 7.gliiiJ000 21 ` 364.75 acres Q A alt AC. 4 .• . .� j40t At. Mrs coma- at 1 T _ O �Nl93MMAQCAL Q» a.e n 1 1M494.101 � �__.�—1 � �\`` UM I • 04211 Mr' / 1 7• 1 I \ / O 41 • � Ra41L . 1 36-96 AC. _ �\ © \\ .. 4"AC e M Proposed Voluntary Agricultural District . 363 AC.1 for Mapleview Farm 1 11 ;y 11 9131- t Parcel 6.11.14 JN / e,v rn 104Z 23sAC. Attachment#2 United States Natural Resources P.O. Box 8181 6 Department of Conservation Hillsborough NC 27278 Agriculture Service (919) 732-8181 (2751) " October 16, 1996 To: Marvin Collins, Planning Director \ From: Elm F. Helms, District Conservationist Re: Application for Certification as Qualifying Farmland for Robert Nutter Enclosed is certification for Robert Nutter as qualifying farmland for the Voluntary Agricultural Districts Program. Enclosures Attachment#3 7 United States Natural Resources P.O. Box 8181 Department of Conservation Hillsborough NC 27278 Agriculture Service (919) 732-8181 (2750) October 16, 1996 This report serves to document how the proposed farm qualifies for acceptance into the Voluntary Agricultural DisKicts in Orange County. 1. Two-thirds of the soils on the farm must: a. Be suited for providing food, seed fiber, forage, timber and soil seed crops. Yes X 100 % No % Comments: b. Have good soil qualities. Yes X No Breakdown of soil classes in percent: Class I Classes I, II, III are Class II 180 primarily used for cropland. Class III 117 Class IV Classes III-VI are generally Class V best suited for pasture or Class VI woodland. Class VII 19 Class VIII Class VIII generally unsuited for agricultural use. Comments Chewacla Iw 13 acres Lignum IIw 4 acres Tatum, no class 31 acres c. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small grain, pasture, loblolly pine. X00 % favorable % unfavorable d. Have favorable growing season. (YES) The growing season for Orange County is approximately 200 days. It begins in approximately the second week of April and runs until about the last week in October. This response will be consistent for all farms in Orange County. e. Receive the available moisture needed to produce high yields for an average of 8 to 10 years. Orange County receives approximately 42-45 inches rainfall annually. This response will be consistent for all farms in Orange County. -- Attachment#3 8 OR At least two-thirds of the land has been actively used in agriculture, horticulture or forestry operations as defined in the NC General Statutes, Section 105-277.2 (1,2 and 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. Acres in cropland 153 Acres in pasture 52 Acres in foresdand 144 Acres in homestead, 15 farmstead or other related use Total Tract Acres 364 Greater than two-thirds in designated uses Yes X 96 % No % Comments: 2. Farm must be managed, if highly erodible land exists on the farm, in accordance with the USDA, Natural Resources Conservation Service (NRCS) as defined erosion-control practices as specified in the 1985 Food Security Act. Plan on file in NRCS Office Yes X No If No, plan will be required before acceptance into the Voluntary Agricultural Districts Program. Comments: Mr. Nutter has a Conservation Plan on file and works to keep it up to date Attachment#3 9 CALCULATION OF SOIL TYPES BY ACREAGE FARM: N utter Property TOWNSHIP: Chapel Hill/Bingham Soil Acres Percent Symbol Soil Series [by GIS] of Total Ch Chewacla 17.40 4.87% TaD Tatum 35.10 9.82% TaE Tatum 30.80 8.6?% GIF Goldston 19.60 5.48% GeB Georgeville 95.40 26.69% GeC Georgeville 32.80 9.18% HrB Herndon 70.20 19.64% HrC Herndon 49.80 13.93% Lg Lignum 0.90 0.25% W Water 5.40 1.51% Totals 357.40 100.00% Reference:Soil Survey of Orange County, NC, USDA, Soil Conservation Service Attachment#3 10 rrl tr ' i ORANGE COUNTY TAX OFFICE JOHN SMITH,Jr.,CAE 200 SOUTH CAMERON STREET GINGER ROLFE,CTc P.O.BOX 8181 COLLECTOR ASSESSOR HILLSBOROUGH,NORTH CAROLINA 27278 TELEPHONE (919)732-8181,Ext.2100,FAX 644-3091 MEMORANDUM To: Donald R. Belk, AICP, Preservation Planner From: John Smith,Jr-°4AE Tax Assessor Date: November 13, 1996 Subject: Robert P. Nutter Application for Certification as Qualifying Farmland This is to verify that the following tract of land owned by Robert P. Nutter is actively participating in the farm present use-value taxation program: Map Ref. Tract # 6 .13. .10 653058 ,i Attachment#3 Orange County 11 Agricultural Districts Advisory Board STAFF CHECKLIST FOR VOLUNTARY AGRICULTURAL DISTRICT SELECTION Date Application Received: 01- ►q - V APPLICANT NAME: 2-o best- P. N J 4r-y' l Ma al CV ir-W Fawti PROPERTY INFORMATION: sProperty -OCf o�,, ,t„; 19111 l7Ar'V- to A 2d r N-i l lsboroU�LA, NG 27 278 •Township: �3��N AHO�IV� Tax Map: Block- 13 Lot: l0 .parcel Idakificatiooi Number VPN: qab i - AC I' 6n0 TrM7T--ft—=4 0so *Number of Acres: 36 d.-15 Deed Book: i 4-0 Z Page: 4.0 CERTIFICATION CRITERIA REVIEW: *Meets acreage requirements of- [I] One farm containing at least 90 contiguous acres;OR Yes: ✓ No: Initials: 99" Date: /(J- 1;4-Q6 [Z] Two or more contiguous fame containing at least go sorts. Yes: No: Initials: Date: •participating in farm present use-value taxation program. - Q6 Yes: n/ No: Initials: t7/Z 13 Dec. //- /I .Certified by Soil Conservation Service as to land suitability. Yes: ✓ No: Initials: 49" Date: /0-a' �6 •Managed in accordance with SCS defined erosion control practices. Yes: ✓ No: Lritlals: DI¢-d Date: 4- Q� •Small lot or tract surrounded by or adjacent to ex isting/proposed a district Yes: No: ✓ Initials: 9423 Date: CERTIFICATIONMESIGNATION ACTION: Date •Application reviewed for completeness. 9- - V •Application forwarded to ati -�Conservation oa/ o' .Evahron received from Tax Supervisor's office. -Soil conservation Service. - - OApplication preceded to Agricultural Advisory Board. - Z- [1] Qw�Gfjne=farmland cettifwtion approved.- Yes: ✓ No* Ressaw [Z] Re000mmrdetion for district designation approved. Yes: No:_ Reason: •Appliation peaaited to Board of Camnnissiorars. [1] Agricultural district designation approved. Yes: NO: Reason: _ __._-- --- t2]-- fomdcmtairappw,ed:Yes:----NO. _- - Racon - - - .conservation agreement signed/recorded. •Agricultural district identified in Land Records System. •Agricultural district identified on Tax Map. •Agricultural district sign[s]posted. Attachment 94 - - 12 AGRICULTURAL CONSERVATION AGREEMENT DRAFT THIS AGRICULTURAL CONSERVATION AGREEMENT("Agreement") is made this day of , 199_1 by Robert P. Nutter ("Grantor") and between Orange County, a North Carolina unit of local government("Grantee"). WITNESSETH: WHEREAS, the Grantor is the sole owners in fee simple of certain real property in Orange County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated by this reference (the"Property"); and WHEREAS, the Property possesses conservation values of great importance to the Grantors,the people of Orange County,and the people of the State of North Carolina; and WHEREAS, Grantor intends that the conservation values of the Property be preserved and maintained by. the continuation of land use patterns, including, without limitation, those related to agriculture use existing at the time of this Agreement, that do not significantly impair or interfere with those values; and WHEREAS, Grantee is a North Carolina unit of local government seeking to preserve and protect land in its agricultural condition pursuant to the laws of the State of North Carolina, and, in particular, by the Farmland Preservation Enabling Act (Chapter 106, Article 61) and by the Historic Preservation and Conservation Agreements Act(Chapter 121,Article 4) of the North Carolina General Statutes, and pursuant to the Orange County Voluntary Farmland Preservation Program Ordinance; and WHEREAS, the Orange County Agricultural Districts Advisory Board (`Board") certified the Property as qualifying farmland pursuant to the Orange County Voluntary Farmland Preservation Program Ordinance on , 199 ; and WHEREAS, the Orange County Board of Commissioners designated the Property as a Voluntary Agricultural District ("District") pursuant to the Orange County Voluntary Farmland Preservation Program Ordinance on , 199_; NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, Grantor hereby voluntarily agrees to preserve and protect the conservation values of the Property for a period not to exceed ten(10) years from the date of this agreement. Attachment#5 13 t DRAFT 1. P=ose. It is the purpose of this Agreement to assure that the Property will be retained in agricultural use and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property. For the purposes of this Agreement, "agricultural use" is defined as cultivation of soil for production of crops, including but not limited to fruits, vegetables, flowers, and ornamental plants, the planting and production of trees and timber, and the raising of livestock, for individual and public use, consumption, and marketing. Grantor intends that this Agreement will confine the use of the Property to such activities as are consistent with the purpose of this Agreement. 2. Rights of Grantee. To accomplish the purpose of this Agreement,the following rights are conveyed to Grantee by this Agreement: (a) As provided in and subject to the limitations contained in this Agreement, Grantor shall preserve and protect the conservation values of the Property by limiting its use to agricultural use as defined in this Agreement; and (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with the terms of this Agreement; provided, however, that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quite enjoyment of the Property. 3. Rights of Grantor. Grantor reserves to himself, and to his personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purposes of this Agreement. In addition to the foregoing and to accomplish the purpose of this Agreement, the following rights are conveyed to Grantor: (a) To have a sign identifying the existence of the District erected on each major public road providing access to the Property; (b) To have water and/or sewer assessments held in abeyance,without interest, until improvements on the Property are connected to the water and/or sewer systems of the Grantee; including the right to decide when it is necessary to connect such improvements to the water and/or sewer systems of the Grantee; (c) To have the Grantee, through its Land Records System, provide a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one-half mile of the Property; (d) Upon notice to the Board that a State or local public agency or governmental unit, including the Grantee, will formally initiate action to condemn any interest in the Property, the Board or its authorized representative shall hold a public hearing on the proposed condemnation; and Attachment#5 DRAFT s (e) To have the Grantee take into account the existence and terms of this Agreement, and the provisions of N.C. General Statute 153A-340 in land use planning decisions and ordinances affecting the Property as well as parcels of land adjacent thereto. 4. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Agreement is prohibited; provided, however, from and after the date of this Agreement, the creation of no more than three (3) lots that meet applicable zoning and/or subdivision regulations is permitted. 5. Access. No right of access by the general public to any portion of the Property is conveyed by this Agreement. 6. Grantee's Remedies. If Grantee determines that Grantor no longer meets the criteria necessary for certification as qualifying farmland and designation as a District, Grantee shall be given written notice to Grantors of such non-compliance. Grantor may take corrective action sufficient to bring the Property into compliance or may seek to extinguish the terms of this Agreement pursuant to paragraph 7. 7. Revocation. By written notice to the Grantee, the Grantor may revoke this Agreement as provided for by Section VI of the Orange County Voluntary Farmland Preservation Program Ordinance and by N.C. General Statute 106-737.1 (Farmland Preservation Enabling Act). A record of the revocation shall be recorded in the Orange County Register of Deeds and shall result in loss of eligibility to participate in a voluntary agricultural district and the benefits thereof. 8. Condemnation. If the Property is taken, in whole or in part, by exercise of the power of eminent domain, Grantor shall be entitled to compensation in accordance with applicable law. 9. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership,operation,upkeep, and maintenance of the Property. Grantor shall hold harmless Grantee and its Board of Commissioner members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively, "Indemnified Parties') from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees,arising from or in any way connected with: (1) Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) The obligations specified in paragraph 9; and (3) The existence or administration of this Agreement. Attachment#5 DRAT 10. Amendment. If circumstances arise under which an amendment to or modification of this agreement would be appropriate, Grantor and Grantee are free to jointly amend this Agreement. Any such amendment shall be recorded in the Orange County Register of Deeds. 11. Transfers. Grantor agrees to give written notice to Grantee of the transfer of any interest at least ten (10) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Agreement. 12. Notices. Any notice, request or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail,po,,Zage prepaid, addressed as follows: To Grantor: Robert P.Nutter 3111 Dairyland Road Hillsborough,North Carolina 27278 To Grantee: Orange County c/o Beverly Blythe, Clerk to the Board of County Commissioners P.O. Box 8181 Hillsborough,North Carolina 27278 or to such other address as either party from time to time shall designate by written notice to the other. 13. Recordation. Grantee shall record this instrument in timely fashion in the Orange County Register of Deeds and may re-record it at any time as may be required to preserve its rights in this Agreement. 14. General Provisions. (a) Controlling Law. The interpretation and performance of this Agreement shall be governed by the laws of the State of North Carolina and, in particular, by the Farmland Preservation Enabling Act(Chapter 106, Article 61)and by the Historic Preservation and Conservation Agreements Act (Chapter 121, Article 4) of the North Carolina General Statutes, and by the Orange County Voluntary Farmland Preservation Program Ordinance. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Agreement shall be liberally construed in favor of the grant to effect the purpose of this Agreement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. Attachment#5 DRAFT s (c) Separability. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. (d) No forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (e) Joint Obligation. The obligations imposed by this Agreement upon Grantor shall be joint and several. The burdens of this Agricultural Conservation Agreement shall run with the Property and shall be enforceable against the Grantor and all future parties who have an interest in the Property for the term of the Agreement. TO HAVE TO HOLD unto Grantee, its successors, and assigns, this Agricultural Conservation Agreement together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto. IN WITNESS WHEREOF Grantor has set his hand and seal and Grantee has caused this instrument to be executed in its corporate name by its duly authorized officers and its seal affixed by authority of its Board of Commissioners, all on the day and year first above written. GRANTOR: Robert P.Nutter GRANTEE: BY: William L. Crowther, Chair Orange County Board of Commissioners Attest: Beverly Blythe, Clerk to the Orange County Board of Commissioners Attachment#5 i DRAFT17 State of North Carolina ORANGE COUNTY I,the undersigned, a Notary Public in and for the said State and County, do hereby certify that Robert P. Nutter personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal this the day of , 199_. Notary Public My Commission Expires: State of North Carolina ORANGE COUNTY I,the undersigned, a Notary Public in and for the said State and County, do hereby certify that Beverly A. Blythe personally appeared before me this day and acknowledged that she is Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument signed in its name by William L. Crowther, Chairman, Orange County Board of Commissioners, sealed with its official seal, and attested by herself as its Clerk WITNESS my hand and notarial seal this the day of , 199_. Notary Public My Commission Expires: Attachment#5 c 18 DRAFT "EXHIBIT A" The property certified as qualifying farmland and designated as a Voluntary Agricultural District is located in Bingham Township, Orange County,North Carolina and is more particularly described as follows: (1) The property conveyed to Robert P.Nutter as represented at Bingham Orange County property map 13, lot 10(Property Identification Number 9851-61-2600). Attachment#5 19 DRAFT ITEM#6: ITEMS FOR DISCUSSION AND/OR DECISION a. Voluntary Agricultural District Application-Mapleview Farm Presentation by Don Belk. This item is to consider the application of Robert P.Nutter for certification of Mapleview Farm as qualifying farmland and designation as a Voluntary Agricultural District. Section IV.D.2.of the Voluntary Farmland Preservation Program Ordinance permits the Agricultural Districts Advisory Board to review and approve applications for qualifying farmland and make recommendations concerning the establishment and modification of agricultural districts. Section V of the Voluntary Farmland Preservation Program Ordinance contains the requirements for inclusion in a voluntary agricultural district. To be certified as qualifying farmland,a farm must: 1. Be participating in the farm present use-value taxation program established by the N.C.General Statutes,Sections 105-277.2 through 105-277.7,or is otherwise determined by the County to meet all the qualifications of this program set forth in the N.C.General Statutes, Sections 105-277.3. 2. Be certified by the Natural Resources Conservation Service 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,and oil seed crops; b. Have good soil qualities; c. Are favorable for all major crops common to Orange County; d. Have a favorable growing season; e. Receive the available moisture needed to produce high yields for an average of eight(8)out of ten(10)years; OR be one on which at least two-thirds of the land has been actively used in agricultural,horticultural or forestry operations as defined in the N.C.General Statutes,Section 105-277.2(1,2,and 3),during each of the five(5)previous years, measured from the date on which the determination must be made as to whether the land in question qualifies. 3. Be managed,if highly erodible land exists on the farm,in accordance with the Natural Resources Conservation Service defined erosion-control practices as specified in the 1985 Food Security Act. The Orange Soil and Water Conservation District Office and the Tax Supervisor have provided memoranda which indicate that the Mapleview Farm complies with the stated requirements. In addition,the Mapleview Farm is comprised of one tract,totaling 364.75 acres. Thus,the acreage requirement of Section V.B.La is satisfied,since the farm consists of at least 80 contiguous acres. The Planning Staff recommends that the farm of Robert P.Nutter be certified as qualifying farmland and recommended for designation as a voluntary agricultural district to the Board of Commissioners. Attachment#6 DRAFT 20 Belk reviewed the application(copy an attachment to these minutes on page ) noting that Mapleview meets all the criteria for qualifying farmland and designation as a voluntary agricultural district. MOTION: Walters moved approval as recommended by the Planning Staff. Seconded by Hogan. VOTE: 4 in favor. I abstained(Nutter). b. Alternative Sources of Funding for Farmland Preservation c. Orange County Land Trust d. Board of Commissioners'Goal Setting Retreat Attachment#6