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HomeMy WebLinkAboutBATCH - Supplemental - 0500 Spear StreetPage 1 of 4 4/7/2021 Lani Ravin (via email: Lani.Ravin@uvm.edu) 16 Colchester Ave. Burlington, VT 05405 UVM Horticultural Research & Education Center RE: Determination of farm operation and farm structure Dear Ms. Ravin, The Agency of Agriculture, Food & Markets (the Agency) renders opinions, based on the Agency’s Required Agricultural Practices Regulations (RAPs) as to whether an individual is farming, if the RAPs apply to the operation, and/or whether a structure is used for farming and is therefore considered a farm structure. Farm Operation Determination This letter is documenting that activities occurring on a 97 acre parcel, of a 97 total acre farm operation, located at 65 Green Mountain Drive South Burlington, VT 05403, meets the definition of “farming,” per the RAPs. Section 2.14 of the RAPs in part, states “farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming, … and that meets the threshold criteria as established in Section 3 of the RAPs, provided that the lessee controls the leased lands to the extent they would be considered as part of the lessee’s own farm. Section 2.16 of the RAPs states “farming” means: (a) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural, silvicultural, and orchard crops; or (b) the raising, feeding, or management of livestock, poultry, fish, or bees; or (c) the operation of greenhouses; or (d) the production of maple syrup; or (e) the on-site storage, preparation, and sale of agricultural products principally produced on the farm; or (f) the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or (g) the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines. You have indicated that your farm operation, described as: The UVM Horticulture Research and Education Center (HREC) is the primary field laboratory site for applied teaching, research, and outreach activities on agronomic and horticultural crops conducted by the College of Agriculture and Life Sciences (CALS) and Extension faculty and staff. This 97-acre property is also the home of the Catamount Educational Farm. Catamount Farm models sustainable farming practices through a working vegetable and fruit farm. The farm provides educational and research opportunities for the UVM community, as well as fresh produce for sale. Students are integral in carrying out all activities on the farm, from planting to marketing, meets the above definition of farming by meeting the provisions listed below: (a) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural, viticultural, and orchard crops; or (c) the operation of greenhouses; or (e) the on-site storage, preparation, and sale of agricultural products principally produced on the farm; The respective farm operation falls under threshold of the RAPs as a Small Farm Operation (SFO), by meeting the definition laid out in Section 3.1 through the following provision of this definition: Page 2 of 4 (b) has produced an annual gross income from the sale of agricultural products of $2,000.00 or more in an average year; (c) is preparing, tilling, fertilizing, planting, protecting, irrigating and harvesting crops for sale on a farm that is no less than 4.0 acres Farm Structures Section 2.15 of the RAPs, in part, states a “farm structure” means a structure that is used by a person for farming, including a silo, a building to … raise horticultural or agronomic plants, or customarily used to carry out the agricultural practices defined in Section 3.2 [of the RAPs]. … A farm structure also must be used by a person who can demonstrate meeting the minimum threshold criteria as found in [the RAPs]”. Any structure that involves human habitation or is considered multiuse, including both farming and non- farming activities, would not fall under the definition of a farm structure and would therefore not be regulated by the Agency or the RAPs. You have indicated that you plan to build a ‘semi-clean’ space that allows for easy loading and sorting of plant and soil materials from the field and for data collection with protection from the elements. Such plant materials are often messy when coming in from the field and include attached soil particles or generate debris that require an open, easily cleanable floor, this structure will be located on 65 Green Mountain Drive South Burlington, VT 05403. According to the information submitted to the Agency you have met the requirements for constructing a farm structure, as described in Section 9 of the RAPs. Agency Determination Based upon this information presented at this time, the Agency has determined the activities occurring at 65 Green Mountain Drive South Burlington, VT 05403, meet the definition of farming pursuant the RAPs and are therefore considered a farming operation. Further, the proposed structure, as described above, has been determined to meet the definition of a farm structure. Farm operations that fall under the jurisdiction of the RAPs and operate an Accessory on Farm Business may be required to obtain site plan review from their municipality. An Accessory on Farm Business is defined as: • the storage, preparation and sale of qualifying products, provided that more than half of the sales are from qualifying agricultural products principally produced on the farm; and • educational, recreational, and social events that feature agricultural practices and /or qualifying agricultural products. For more information, please visit: https://agriculture.vermont.gov/land-use-renewable-energy-0/accessory-farm-business This letter outlines the Agency’s position based on the information provided and may change should the relevant information change. Please be aware that you will be required to comply with the Required Agricultural Practices (https://agriculture.vermont.gov/rap) by virtue of this determination by the Agency, and any other regulations applicable to your operation. Please reach out with any additional questions. Sincerely, Kaitlin Hayes Agricultural Water Quality Specialist Agency of Agriculture, Food & Markets CC: Dalila Hall - Adminstrative Officer for Planning and Zoning Department, South Burlington, VT (sent via email: dhall@sburl.com) Page 3 of 4 Please also be aware of the following, and contact the appropriate authorities if necessary: Flood Hazard Area and River Corridor Construction: Construction of farm structures otherwise exempt from municipal regulation are subject to the Flood Hazard Area and River Corridor Rule administered by the Department of Environmental Conservation, Agency of Natural Resources. Obtaining appropriate permits in advance of construction will ensure compliance with National Flood Insurance Program (NFIP) criteria and enhance flood resilience. Public Drinking Water Supplies: Nutrients, sediment, organic matter and microorganisms may also impact drinking water supplies derived from surface waters. Agricultural operations should be aware of the locations of surface drinking water source intakes and appropriately manage agricultural activities to reduce potential negative impacts. Wetlands: Although wetlands are not mentioned in the AAPs, landowners need to be aware of existing rules pertaining to wetlands under state and federal jurisdiction. The Natural Resources Conservation Service, U.S. Army Corps of Engineers, and the Vermont Department of Environmental Conservation coordinate all agriculture/wetland issues in Vermont. It is strongly suggested that landowners contact the U.S. Army Corps of Engineers at 802-872-2893 and the Vermont Department of Environmental Conservation at 802-241-3760 before initiating farm related activities in or near wetlands. Construction of New Farm Structures: Construction of new farm structures, specifically buildings and other farm related structures that disturb one or more acres of land must obtain authorization from the ANR before commencing with land disturbance or construction activities. Approval will be issued by ANR upon receipt of a Notice of Intent (NOI) which certifies that adequate measures for the control of erosion and sedimentation will be used during land disturbance and construction efforts. Persons needing additional information about the Construction General Permit/NOI concerning one or more acres of land disturbance are advised to contact the Water Quality Division of the Department of Environmental Conservation at 802- 241-3770 or visit the web site at www.vtwaterquality.org/stormwater. Authorization by ANR is not needed for construction or land disturbance related to cultivation, irrigation, drainage and fencing. Solid and Hazardous Waste Management: Agricultural operations are advised to manage all wastes generated on the farm consistent with all applicable solid waste rules and hazardous waste rules. Information regarding the proper storage and disposal of waste oil, petroleum products and empty containers can be obtained from the Vermont Waste Management Division at 802- 241-3888. Wastewater Management and Residuals Management: Farm operations generating wastewater indirect discharges or discharges to underground injection wells are advised that permits may be required from the Department of Environmental Conservation Watershed Management Division or Groundwater Protection and Management Division. The management of sewage, biosolids, and septage on a farm must be conducted consistent with the Vermont Solid Waste Management Rules and any Solid Waste Management Facility Certification authorizing these activities. Information regarding these requirements can be obtained by calling (802) 828-1535. Water Withdrawal and Irrigation: Farm operations utilizing surface waters for irrigation purposes are advised that water withdrawals above a de minimis rate are required to obtain a permit from the Department of Environmental Conservation consistent with the Procedure for Determining Acceptable Minimum Stream Flows. More information regarding water withdrawals for irrigation purposes and permitting requirements can be obtained by calling the Watershed Management Division at (802) 828- 1535. Alteration of Streams: Stream alteration permits regulate activities that take place in or along streams. The Page 4 of 4 permit program is intended to prevent the creation of flood hazards, protect against damage to aquatic life, and protect the rights of neighboring landowners. The types of activities that are regulated include streambank stabilization, road improvements that encroach on streams, bridge construction or repair, and utility crossings under streambeds. More information regarding stream alteration and permitting requirements can be obtained by calling the River Management Division at (802) 828-1535. Spill Prevention, Control, and Countermeasure (SPCC): EPA’s oil pollution prevention regulation requires facilities that are subject to regulation to prepare and implement a plan to prevent any discharge of oil into navigable waters or adjoining shorelines of the U.S. A farm must prepare a SPCC Plan if it has an aggregate aboveground storage capacity of greater than 1,320 gallons. Only containers of oil with a capacity of 55-gallons or greater are counted toward this aggregate capacity threshold. The plan is referred to as a Spill Prevention, Control, and Countermeasure (SPCC) plan. More information regarding SPCC and permitting requirements can be obtained by calling the Environmental Assistance Office at 1(800) 974- 9559.