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HomeMy WebLinkAboutAgenda - 06-02-2009 - 4f; VAD - Quarry Dog FarmORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2009 Action Agenda Item No. ~- -~ SUBJECT: Voluntary Agricultural District Designation: Quarry Do Farm DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No Conservation ATTACHMENT(S): 1) Application 2) ERCD Staff Memo, Vicinity Map 3) Certification from NRCS & Soils Maps 4) Certification from Tax Supervisor 5) Memo to Agricultural Preservation Board INFORMATION CONTACT: David Stancil, 245-2590 Tina Moon, 210-2595 PURPOSE: To consider an application from Luther Livermon and Karen Bley to certify their farm as qualifying farmland within the Cane Creek/Buckhorn Voluntary Agricultural District. BACKGROUND: Luther Livermon and Karen Bley have applied to have their 30-acre property, Quarry Dog Farm, designated as a certified qualifying farm for the Cane Creek/Buckhorn Voluntary Agricultural District. The property is located in Bingham Township, along the southeast side of Bradshaw Quarry Road in between Oak Grove Church Road and Teer Road. The County's adopted Voluntary Farmland Protection Ordinance (VFPO) outlines a procedure for the Agricultural Preservation Board to review and approve applications for qualifying farmland and to make recommendations to the Board of Commissioners concerning the establishment and modification of agricultural districts. Section VII of the VFPO contains the requirements for inclusion in a voluntary agricultural district. To be certified as qualifying farmland, a farm must: 1. Consist of a minimum of 20 contiguous acres; 2. Be participating in the farm present-use-value taxation program established by N.C.G.S. §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 G.S. 105-277.3; 3. 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, forestry products, horticultural crops and oil seed crops; 2 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 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 30 acres, the property exceeds 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 (6-0) to approve the certification of the Livermon-Bley property (TMBL# 6.16..7C) as qualifying farmland at its May 20, 2009 meeting. The Agricultural Preservation Board recommends the designation of Quarry Dog Farm, as a certified qualifying farm in the Cane Creek/Buckhorn Voluntary Agricultural District. The addition of the Quarry Dog Farm would increase the number of farms in the VAD program to fourteen and the total number of acres to 2,764. 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 the Livermon-Bley property, Quarry Dog Farm, as qualifying farmland and designate it as the third participating farm within the Cane Creek/Buckhorn Voluntary Agricultural District. 3 Orange County 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. Please sign and date the form, and return it to the Orange County Environment and Resource Conservation Department, 306E Revere Road, Hillsborough, NC 27278 APPLICANT: .~•- r Name• ~•:~ fit` l ~iJ~f'wt eft d' 1~•r',6"C/1 IG~ ~ ~/ City. ~~~~~n ~. State:~Zip Code- .~7 ...3 ~ Z Phonc Number (Day): I~ ~~ ~ 3 ~'`-3 (Evening) ...54/1'10.' )sMail: lU ~r~/t~ f`md111 ~ vn~~r'`i9'irt~ti( ~ L~e'1't 1 PROPERTY INFORMATION: Property ~~ ~- ' ~ p:_ ~f'_ax Map: Block: Lot• Townshi ~;~m le~r>' Parcel Identification Number (PIN): 9~~ ~ " ~9 ' ~,~3q Number of Acres: _~ Q Deed Book:~Page: -x...30 Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest Service? Yes: No:_~If "No", please complete back of form Is this land ' ted for Present Use taxation with the Orange County Tax Office? Yes: No: If "No", please complete back of form OWNER[S] CERTIFICATION: I [We], the applicant[s], hereby certify that, to the best of my [our] knowledge, the foregoing application is complete and accurate. j ~ _ ~~ /) ~1~ ~ /C Please direct inquiries to: do Oraage County Environment and Resource Conservation Department 306E Revere Road Hlllsborough, NC 27278 Hillsborough ~ 732-818] Chapd Hill • 967-9257 Durham • 688-7331 Mebane • 127-2031 SUPPLEMENTARY INFORMATION: tY0?'E: Complete this tnformatlon ,, ' ~. ~YoW ~ IY~PQ~S ~ ~farar presaRt'~e.tazardon prog,ant; oB° :'. ~ f you do ~ have a plan on file with the Natr~rr~t Resources. t`ortseiwr#Jan'.4~rvl~e.rir tlu NE . Forest Service. - _„ - , 1. 2. 3. 4. S. 6. How long have you owned your farm? years How long have you lived oa your farm? Has your farm exceeded $1,000 in gross income in each of the past three years? Yes, No, How many acres on your farm are under cultivation? What are the maior crops that you plant each vear? l y acres 1. ;~~ ~~,~ 3 ' r How many acres on your farm are used for pasture? ~ acres 5 ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Brent Bogue, District Conservationist Teresa Moore, Present Use Value Program Director From: Tina Moon, Cultural Resources Specialist Date: March 25, 2009 Subject: Livermon Farm Application for Certification as Qualifying Farmland Please find attached the application from Luther Livermon and Karen Bley for Certification as Qualifying Farmland. Mr. Livermon submitted this form as part of the application process for the County's Voluntary Agricultural District Program. According to the application (attached), the property is enrolled in the present-use taxation program but they do not have a plan on file with the Natural Resources Conservation Service or North Carolina Forest Service. To secure such certification, a tract must: 1. Be participating in the present use-value taxation program established by the NC 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 NC General Statutes, Section 105-277.3. [Response to be provided by Tax Supervisor] 2. Be certified by the Natural Resources Conservation Service of the United States Department of Agriculture (NRCS) 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; and 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 for agricultural, horticultural or forestry operations as defined in the NC General Statutes, Livermon-Bley Application for Certification as Qualifying Farmland Page Z 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 questions qualifies. [Response to be provided by District Conservationist] 3. Be managed, if highly erodible land exists on the farm, in accordance withthe NRCS-defined erosion control practices as specified in the 1985 Food Security Act. [Response to be provided by District Conservationist] In accordance with Section V of the Orange County Voluntary Farmland Preservation Ordinance, please evaluate the application for compliance with the above requirements and return your finding to the Environment and Resource Conservation Department within 30 days. In your response, please be as specific as you can be regarding how the property complies. (You may wish to use the attached maps showing the boundaries of the property and tabulation of acreage by soil type when completing your review.) Provided the property is certified as qualifying farmland, and the Agricultural Preservation Board recommends designation as a voluntary agricultural district, the Board of Commissioners could consider the request shortly before or after their 2009 summer break. Mr. Livermon has identified one tract for consideration for the VAD program. The property, TMBL# 6.16..7C, is located Bingham Township and contains 30 acres. Revisions to the Voluntary Farmland Protection Program, adopted in June 2005, reduced the minimum participating farm size requirement to 20 acres. The Livermon-Bley property meets this requirement. Thank you for your assistance in this matter. Please feel free to contact me at 210-2595 or by email at cmoon@co.orange.nc.us, if I can answer any questions or provide additional information. /tm attachments cc: David Stancil, Environment and Resource Conservation Director VO~unta ricult D rlcf App~~ on TNjg~ 6 16 7C TOfa~ Acre liverrnQn - age 29.83 Ac. Bley Faun N ~ mch ' ~ 00 Oran 0 feet Envirae cOUnt nment & Resour B Youn-vation DeAartm ce ~~9 5/1?J09 SOIL & WATER Orange Soil ~ Water Natural Resources Conservation District Conservation Service Phone: 919-732-8181, Ext. 2750 Phone: 919-644-1079, Ext. 3 USDA ~ PO Box 8181 306 Revere Road Hillsborough, NC 27278 This report serves to document how the proposed farm qualifies for acceptance into the Voluntary Agricultural Districts in Orange County. Two-thirds of the soils on the farm must; a. Be suited for providing food, seed, fiber, forage, timber, and oil seed crops. YES % ~ NO Comments ; I ~ c ~S ~' la....ae ~~~-~f °'t' 9 8 4SS ,~ llbsa! N u~c~/s+c~, b. Have good soil qualities. NO Breakdown of soil classes in percent Class I Classes I, II, III are primarily used for cropland Class II Class III /S.~ Classes III-VI are generally best suited for pasture Class IV '' ~ or woodland. Class V Class VI Class VIII Class VIII generally unsuited for agricultural use Continents: c. Be favorable for all major crops common to Orange County. Major crops are com, tobacco, small grain, pasture, and loblolly pines. g~ % favorable % unfavorable d. Have favorable growing season. (YES) O 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. (YES) Orange County receives approximately 42-45 inches of rainfall annually. This response will be consistent for all farms in Orange County. 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 1 ~ Acres in forestland /c~, as Acres in homestead, farmstead or other related use ©. 8~i Total TRACT acres Greater than two-thirds in designated uses, Yes _~ % ~ZO NO Comments: 1. Farm must be managed, if highly erodible land exists on the farm, in accordance with the USDA Natural Resources Conservation Service (MRCS) defined erosion-control practices as specified in the 1985 Food Security Act as amended. Plan on file in NRCS Office YES NO / If NO, plan will be required before acceptance into the Voluntary Agricultural Districts Program. Comments: `~ G~~o /'"~Q''~ wig, ~~crlOtt~,v i~ ~~riirq Gueaks . Lamed is ~ rn ~S~u~lL a~cl qQr-u~.2~ ,~'~/ u~re~ ~~.c Q.•~t.. Wc(,( tyuc.,t s:..t.C N12 CS ~ ~a.n n) nq !~,' Gr~.~SVf G1- `uG1lt~J CJr~li~Cc 2K~ C u vv-e.~-~ ~ `~'~"l ~ ' °J ~^ ~ ?J-rv c~.~' ~o ~.2 ~ Gi.KLr ~ 5 •~ -'~ ~ 1ra ss av '~ 1 ni11~,v ~ W ~~ G~ rn~.c~s NRCS s ~a,~ curd s .~ ~rc~ s ~,Tn cann.~p Legend 1 inch - 400 feet Livermon - Bley Farm Soil Type N Orange County - GeB Environment & Resource Gec Conservation Department ~ raE B Young 5/12/09 Other , ll Orange County Tax Assessor's Office • PO Box 8181 Hillsborough, NC 27278 Orange County Tax Office Apri16, 2009 Tina Moon, Land Use/ Preservation Planner Enviroment and Resource Conservation Dept. P O BOX 8181 Hillsborough, N.C. 27278 Dear Tina: I am in response to your inquiring on Luther and Karen Livermon's property referenced by tax map number 6.16..17C. The Livermons have this property participating as agricultural classification in the use value program. Please call me at the telephone number indicated below if I can be of assistance. Sincerely, Teresa Moore Present-Use Value Program Director Should you have questions please call Teresa Moore (919) 245-2108 is ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Agricultural Preservation Board From: Tina Moon, Cultural Resources Specialist Date: May 13, 2009 Subject: Livermon-Bley Farm, Voluntary Agricultural District Application Copies: David Stancil, ERC Director In February, Luther Livermon and Karen Bley submitted an application to include their 30- acre farm in the Voluntary Agricultural District (VAD) Program. As you can see from the attached map and soils analysis chart, the farm is located along the southeast side of Bradshaw Quarry Road, in Bingham Township. Section V. of the Orange County Voluntary Farmland Protection Ordinance (VFPO) outlines the required application procedure. Once the application is deemed complete ERCD staff forwards it to the Tax Assessor and Natural Resources Conservation Service to ensure that the property meets specific criteria. ERCD staff received the attached memoranda from NRCS and the Tax Assessor certifying all six parcels as qualifying farmland, eligible to participate in the VAD program. The next step in the process is for the Agricultural Preservation Board (APB) to determine whether it wishes to recommend the application to the Board of County Commissioners. Please review the attached materials and relevant sections of the VFPO, and be prepared to consider this application for VAD status. Should the Agricultural Preservation Board decide to recommend the Livermon-Bley Farm for inclusion in the County's Voluntary Agricultural District program, ERCD staff will forward the recommendation along with the appropriate agenda materials to the Board of County Commissioners for their review and consideration in June.