HomeMy WebLinkAboutCombined Staff Report 430-SS-22LINCOLN COUNTY PLANNING AND ZONING COMMISSION
STAFF REPORT
Rezone Petition Conditional Use Application
HEARING TIME AND DATE: 7:00 p.m. April 25, 2007
LOCATION: Cokeville, Wyoming
FILE #: 603 PZ 07 and 108 PZ 07
APPLICANT:Michael Krantz Maholchich
PROJECT NAME:Colters View Subdivision
COMMUNITY PLAN AREA:Thayne
ZONING:Rural
PIN:3318-094-00-297
REPRESENTATIVE:Surveyor Scherbel, LTD
PLANNER:Emmett Mavy
PROPOSAL:A Simple Subdivision Application to subdivide 19.68 +/- acres into 2 lots with one
14.84+/- acres and the other 4.84+/- acres with an average lot size of 9.84 +/- acres in the Rural Zone. The
project site is accessed off of Willow Creek Lane, a private road between Bedford and Turnerville. The
lots will be served by individual wells and engineered septic systems meeting current state and county
standards.
LOCATION:The parcel is located 5.5+/- miles southeast of Thayne, Wyoming, T33N, R118W, of
Section 9, Lincoln County, Wyoming.
BACKGROUND:Mr. Maholchich contacted the planning department inquiring about potentially
creating a simple or minor subdivision on his property. Upon evaluating the site, planning staff
determined several significant requirements would need to be placed on the potential subdivision if a
minor subdivision was to be created. The first issue was high ground water was found and would require
engineered septic systems according to county regulations. We are asking that this requirement be met
even on this simple subdivision due to the information being available to the County and the knowledge
that it will benefit any residential building on this site. If a minor subdivision was to be created the
County would require a looped road within the subdivision due to the distance from the nearest
intersecting road. The third requirement would be to improve the current access road and bring it up to
County Standards. A fourth requirement would be to install an engineered bridge over the creek in two
locations that meet County requirements.
At this time Mr. Maholchich has chosen to bring forward a simple subdivision which will not require
roads or bridges to be improved or built. He has, however, included a 60’ easement for a future loop road
on the plat. This will make any future development easier to locate and improve the needed roads and
bridges which will be required if any new lots are created within this subdivision in the future.
430 SS 22
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ATTACHMENTS:
1.Subdivision Plat
2.Vicinity Map
3.Agency Correspondence
STAFF RECOMMENDATION:
Planning Staff recommends that the Board of County Commissioners Approve File # 430 SS 22
Colters View Subdivision, a Simple Subdivision, with:
●Findings of Approval A thru C
●A Resolution of Approval
Findings of Approval:
A.The proposed subdivision is consistent with the goals and objectives of the Lincoln County
Comprehensive Plan.
B.The proposed subdivision is consistent with the standards and procedures of the Lincoln County
Land Use Regulations.
C.The proposed Simple Subdivision is consistent with the provisions W.S.18-5-301 through W.S.
18-5-315.
AGENCY CORRESPONDENCE:
Lincoln County Weed &Pest Control District:Noted at the time of this inspection,Dyer’s Woad,
Hounds Tongue,and Spotted Knapweed were present.These weeds are on the Wyoming State Noxious
Weed list as well as the Lincoln County Noxious Weed list.These plants have proven to be very invasive
and pernicious.According to Wyoming Statute it is illegal to allow any state or county noxious weed to
propagate freely.The subdivision representative will need to contact Lincoln County Weed and Pest and
explain their weed control strategy or work with us to devise one.
Star Valley Conservation District:The conservation district report recommended enhanced septic
systems and no basements due to high ground water in this area.
Wyoming Office of State Lands and Investments:Based on the information provided,the project will be
located adjacent to 640 acres of state-owned land.We note any access across or work performed on state lands
will require prior authorization from the state.Apart from that,we have no further comment as the lands under
consideration are not lands that are owned by the state.
430 SS 22
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STATE OFWYOMING
THE ROADHOME, LLC
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INVESTMENTS,LLC
NICKLE, SUSAN
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HEINER,DICK R
HEINER,
DICK RMAHOLCHIC,MICHAEL K
MAHOLCHIC,MICHAEL K
HEINER, DICK
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SHUMWAY,ROBERT D& JULIA L
SIMS, DAVID W
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HEINER, JIM
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BATEMAN, MARILYNNE P
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SCHIFFHAUER,MICHAEL J &
REBECCA W
MAHOLCHIC,
MICHAEL K
SHUMWAY,ROBERT D
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MAHOLCHIC,
MICHAEL K
SCHIFFHAUER,MICHAEL
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TAYLOR,JOHN N
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MICHAEL K
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CONSTRUCTION
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DICK R HEINER,
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AUTMATONSOLAR, LLC
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PROPERTIES,LLC
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File No 430 SS 22
Colters View
Michael Krantz Maholchic
Prepared using available data by Destry Dearden, GISP on 24 Oct. 2022. Map is for informational purposes only and in no way represents an official survey of land.
July 21, 2022
To Whom It May Concern,
An inspection of the proposed,Michael Krantz Maholchic–Major Subdivision - within
the S1⁄2SE1⁄4 Section 9, T33N R118W, Lincoln County,Wyoming.The purpose of this
inspection was to see if there are any of the noxious weeds as to W.S. 11-5-102 (a)
(xi). At the time of inspection,Dyer’s Woad, Hounds Tongue, and Spotted
Knapweed were present. These weeds are on the Wyoming State Noxious Weed list as
well as the Lincoln County Noxious Weed List.These plants have proven to be very
invasive and pernicious. According to Wyoming Statute it is illegal to allow any state
or county noxious weed to propagate freely. The subdivision representative will need
to contact Lincoln County Weed and Pest and explain their weed control strategy or
work with us to devise one.The Lincoln County Weed and Pest will require this
subdivision to have a Weed Management Plan.
Lincoln County Weed and Pest furnishes herbicides for noxious weed control at a
reduced cost share discount to the landowner.We also offer ATV sprayers and
25-gallon pickup sprayers for rent.
Please know that all visits to the above property as well as any consultations are at no
charge, so feel free to call or stop by the office any time if you have any questions.
Sincerely,
Bryan Nichols Travis Osmond
Private Lands Coordinator Supervisor
Lincoln County Weed and Pest District Lincoln County Weed and Pest District
November 16, 2022
Lincoln County Office of Planning and Development
P. O. Box 468
Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Michael Krantz Maholcic, minor subdivision West of Turnerville, Wyoming.
Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. It is also recommended that soil cuts be taken in the spring/early summer when groundwater is highest. Please note that if soil cuts are done at other times of the year static water
levels fluctuate according to the amount of high-water runoff from year to year.
Please note the Lincoln County Weed and Pest report is requiring a weed management plan.
This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5-
306. No other use is intended or implied. If there is any more information, we can provide for you, please let us know. Yours truly,
STAR VALLEY CONSERVATION DISTRICT
Rollin Gardner Chairman
Subdivision Review Michael Maholcic Minor Subdivision
Turnerville, Wyoming November 16, 2022 Location
The Michael Krantz Maholcic minor subdivision is located within Section 09 T33N R118W west
of Turnerville, Wyoming. The proposed subdivision is +/- 19.66 acres and will be divided into 3 lots. Water
Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data
Base to obtain groundwater information for this property. Well logs from wells in the vicinity indicated the static water level is between 73 and 240 feet below ground surface. According to Surveyor Scherbel’s Office, owner’s agent, the 3 lots will each have individual
wells and septic systems. Salt River The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does
not support the designated use for contact recreation use due to elevated levels of fecal coliform bacteria.
In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed-planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been
completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July
2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ.
SVCD continues to monitor the watershed. We have collaborated with landowners to implement fencing and off stream watering for livestock. We also provide a cost share to homeowners to pump septic systems after attending our septic workshops.
The Salt River Watershed Plan identifies rural subdivisions as adversely affecting water quality in
the Salt River Watershed. Storm water run-off from this subdivision should be managed using best management practices to ensure that pollutants such as storm water runoff, animal wastes, sediment, and fertilizers do not reach the irrigation ditches or other surface waters in the area.
National Pollutant Discharge Elimination System (NPDES)
The Wyoming Department of Environmental Quality (WYDEQ) requires all construction sites that disturb 1 acre or more to have a construction NPDES permit. The areas do not have to be contiguous. The permit requires construction site operators to implement appropriate erosion and sediment control best management practices, control waste such as discarded building materials,
concrete truck wash-out, chemicals, litter, and sanitary wastes.
Operators of construction activities must develop a Storm Water Pollution Prevention Plan
(SWPPP) that describes the measures to be implemented at the construction site that will eliminate
or minimize pollutants from the project from reaching surface waters. The terms and conditions of the permit must be implemented until the land disturbed by construction activities has been ‘finally stabilized.’ Finally stabilized is defined as “all soil
disturbing activities at the site have been completed, and a uniform perennial vegetative cover
with a density of 70% of the native background vegetative cover for the area has been established on all disturbed unpaved areas and areas not covered by permanent structures”. If construction will disturb 5 or more acres a stormwater permit from WYDEQ is required.
For more information regarding the NPDES requirements please contact Anita Rehner, WYDEQ Program Coordinator at 307-777-5622 or arehner@state.wy.us or Katy Sprouse at (307)777-7570, or email katysprouse@wyo.com.
Soils
The following soils information provided by the Natural Resources Conservation Service (NRCS) Soil Survey of Star Valley Area, Wyoming – Idaho. This information does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by a Wyoming Licensed Engineer experienced in the design and construction of engineering work.
The proposed subdivision is comprised of four soil types identified as Cryaquolls and Cryaquepts (CR), Greyback-Rooset association, steep (GRE), Osmund and Mundos Loams 0 to 3 percent slopes (OnA), and Turson Silt Loam (TU).
Limitations: ‘not limited’ indicates that the soil has features that are favorable for the specified
use, good performance and very low maintenance can be expected. ‘Somewhat limited’ indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, and installation. Fair performance and moderate maintenance can be expected. Soils with ‘very limited’ designations
indicate that the soil has one or more features that are unfavorable for the specified use. The
limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures, poor performance and high maintenance can be expected. Dwelling with and without basements: The degree of limitations for dwellings with and
without basements in areas with cryaquolls and cryaquepts (CR) and the Osmund Mundos
Loams 0 to 3 percent slopes is not rated. The degree of limitations for dwellings with and without basements for Greyback-Rooset association, steep, is very limited due to slope and shrink-swell. The degree of limitation for dwellings with basements in areas with Turson Silt Loam (TU) is very limited due to flooding, and for dwellings without basements is very limited
due to flooding and depth to saturated zone.
Soil cuts were not conducted as part of this review. Care should be taken not to locate buildings
in the intermittent drainage or any drainage channel where overland flooding could occur during early spring snowmelt or heavy thunderstorms.
Sewage Disposal: The degree of limitations for septic tank absorption fields for cyraquolls and crayaquepts (CR) is not rated. The degree of limitations for septic tank absorption fields for
Greyback-Rooset association, steep (GRE) is VERY LIMTED due to slope, seepage, and slow
water movement. The degree of limitations for septic tank absorption fields for Osmund and Mundos Loams 0 to 3 percent slopes (OnA) is somewhat limited due to slow water movement. The degree of limitations for septic tank absorption fields for Turson Silt Loam (TU) is VERY LIMITED due to flooding, depth to saturation zone, seepage, and slow water movement.
Roads and streets: The degree of limitations for roads and streets for Cryaquolls and Cryaquepts (CR), is not rated. The degree of limitations for roads and streets for Greyback-Rooset association, steep (GRE), is very limited due to slope, shrink-swell, frost action, and low strength. The degree of limitations for roads and streets for Osmund and Mundos Loams 0 to 3
percent slopes (OnA) is very limited due to frost action. The degree of limitations for roads and
streets for areas with Turson Silt Loam (TU) is very limited due to frost action, flooding, and low strength. Shallow excavations: The degree of limitations for shallow excavations for Cryaquolls and
Cryaquepts (CR) is not rated. The degree of limitations for shallow excavations for Greyback-
Rooset association, steep (GRE) is very limited due to slope and cutbanks cave. The degree of limitations for shallow excavations for Osmund and Mundos Loams 0 to 3 percent slopes (OnA), is very limited due to cutbanks cave. The degree of limitations for shallow excavations for Turson Silt Loam (TU) is very limited due to cutbanks cave, flooding, and depth to saturated zone.
Erosion Hazard: The erosion hazard of natural surface roads and construction sites for Cryaquolls and Cryaquepts (CR) is not rated. Erosion hazard of natural surface roads and construction sites for Greyback-Rooset association, steep (GRE) is SEVERE due to slope and erodibility. Erosion hazard of natural surface roads and construction sites for Osmund and
Mundos Loams 0 to 3 percent (OnA) and for Turson Silt Loam (TU), is slight.
To avoid potential erosion or sedimentation problems all disturbed areas during subdivision construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and trees/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction
so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment
control best management practices should be installed and maintained for the duration of the project. Landscaping: When landscaping, the SVCD recommends selecting plants that have low
requirements for water, fertilizers, and pesticides. Cultivate plants that discourage pests and
minimize high maintenance grassed areas. It is the policy of the Star Valley Conservation District to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. We encourage greater water
efficiency in landscape design, installation, and maintenance. The waters of the state are of limited
supply and are subject to ever increasing demands. Soils information provided by the Natural Resources Conservation Service (NRCS) Star Valley Soil Survey is attached. The information provided is not site specific and does not eliminate the
need for onsite investigation of the soils or for testing and analysis of these soils by personnel
experienced in the design and construction of engineering work. Local ordinances and regulations should be followed in planning, site selection, and design.
Noxious Weeds
Lincoln County Weed and Pest report is included separate from this report. Please note that Lincoln
County Weed and Pest are requiring a weed management plan. Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a discount to landowners. Check with Weed and Pest to see if you qualify. They also offer ATV sprayers and
25-gallon pickup sprayers for rent.
All visits to the property as well as any consultations are at no charge. To contact Lincoln County Weed and Pest call 307-885-9333 (WEED).
Small Acreage Grazing/Livestock Management
Please be aware, grazing animals on small acreages can have a significant impact on the condition of soil, water, plants, and other natural resources. Care should be taken to ensure agricultural activities such as grazing, corrals, pastures, feedlots,
animal waste storage or spreading does not take place within any wellhead protection zone.
Best management practices should be implemented on these parcels to ensure animal wastes does not reach spring or Salt River during times of high water, snow melt, or storm run-off. This can be done by using berms, filters strips, grassed swales and catch ponds. The SVCD
recommends the individual lot owners obtain a site-specific grazing and waste management
conservation plan from the local Natural Resources Conservation Service office in Afton. The plans are provided free of charge. For more information, please contact Adam Clark, by phone (307) 886-9001, or email adam.p.clark@usda.gov.
Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommends
following the guidelines in the University of Wyoming Barnyards and Backyards Living with
Wildfire in Wyoming publication. http://www.uwyo.edu/barnbackyard/_files/documents/resources/wildfire2013/wildfire_web.pdf
Wildlife Friendly Fencing Fences cause the direct mortality of wildlife through entanglement and prohibition of movement
to seasonal ranges. Fences constructed or currently in existence on the property should be designed to allow free and unrestricted movement of wildlife. Wyoming Game and Fish Department recommends fences be built to minimally restrict livestock and horses, while allowing free movement of wildlife (e.g. a smooth bottom wire 16-18 inches above ground, a 39- inch maximum height and at least 12 inches between the top two wires). Wildlife can benefit
from any area of open space. For more information please see Fencing Guidelines for Wildlife Wyoming Game & Fish Habitat Extension Bulletin No. 53 at the Wyoming Game and Fish website http://gf.state.wy.us/downloads/pdf/habitat/Bulletin%20No.%2053.pdf.
Homeowners should protect ornamental shrubs used for landscaping and future homeowners
should know that, by state statute, the Wyoming Game and Fish Department is not liable for damage caused to ornamental plants by wildlife.
The potential exists for wildlife conflicts, especially between wildlife and free-ranging domestic
pets. The landowner should take precautions to minimize harassment of wildlife by dogs and
cats. It is illegal to allow pets to chase or kill wildlife. Likewise, rural landowners should recognize that black bears, mountain lions, and other carnivores may come near their dwellings and may pose a threat to pets allowed to range freely.
Sensitive Species and Historical Resources
Sensitive, threatened, or endangered species were not evaluated as part of this review.
STAR VALLEY CONSERVATION DISTRICT
Kay Lynn Nield District Manager
WYOMING OFFICE OF STATE LANDS AND INVESTMENTS
11/21/2022
Lincoln County Office of Planning and Development
925 Sage Ave Suite 201
Kemmerer, WY 83101
RE: 430 SS 22 Colters View Subdivision
Thank you for contacting OSLI regarding 430 SS 22 Colters View Subdivision
Based on the information provided, the project will be located adjacent to 640 acres of state-owned land.We note any
access across or work performed on state lands will require prior authorization from the state.Apart from that, we
have no further comment as the lands under consideration are not lands that are owned by the state.
As always, do not hesitate to contact me with further questions.
Sincerely,
Tyler Seno
Commercial Leasing Manager
307-777-5762
Tyler.Seno@wyo.gov
EFFECTIVELY MANAGING NATURAL RESOURCES AND FUNDS FOR CURRENT AND FUTURE GENERATIONS