HomeMy WebLinkAboutCombined PZC PP Staff Report - Harmon Sub Fourth FIlingPRELIMINARY PLATLINCOLN COUNTY PLANNING & ZONING COMMISSION
STAFF REPORT
Minor Subdivision Preliminary Plat
HEARING TIME AND DATE: 6:00 p.m., January 18, 2023
LOCATION:Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, Kemmerer,
Wyoming & Afton Planning & Engineering Office, 61 E. 5th Ave., Afton, Wyoming
FILE # 210 MS 22
APPLICANTS:Mike Shiflett and Marsha Shiflett / Orson Mont Harmon and Loa Mae Harmon
Revocable Trust, dated February 8, 1994
PROJECT NAME:Harmon Subdivision Fourth Filing – Preliminary Plat
COMMUNITY PLAN AREA:Upper Valley
ZONING:Rural
SURVEYOR:Surveyor Scherbel, Ltd.
PLANNER:Emmett Mavy
PIN:3119-141-00-613 & 3119-141-00-672
_____________________________________________________________________________________
PROPOSAL:A Minor Subdivision Preliminary Plat application proposal to subdivide 23.25 +/- acres
into three (3) residential lots. The average lot size will be 7.75 +/- acres in the Rural Zone. The lots will
share private subdivision roads (Harmon Lane) off of CR 146 southwest of Afton. Each lot will have
individual wells and individual septic systems. The site is surrounded by agricultural uses with the
exception of a residential home to the north.
The developer is proposing a 1,600’ dead end cul-de-sac at the south end of Lot 7. The proposed Harmon
Lane is currently under construction, but the platted cul-de-sac at the south end of Lot 8 is not constructed
nor is it inside the subdivision. Staff is recommending a 20 foot travel lane from County Road 146 and a
looped road 100’x100’ square, or a donut loop road with a minimum 140’x140’ island and 30’ road
easement outside the island area.
LOCATION:1.6 miles south west of the Town of Afton,Wyoming in Section 14, Township 31 North,
Range 119 West.
BACKGROUND:
Harmon Subdivision started as a one lot subdivision on December 2, 2017. The one lot was then split on
July 1, 2021. Land south of the Simple Subdivision was split on January 7th, 2022 and called itself
Harmon Third Filing even though it was not a part of the original Harmon 1st or 2nd Filing. This Minor
Subdivision 210-MS-22 is proposing to merge one lot from Harmon Second Filing and another lot from
Harmon Third Filing to create a Minor Subdivision of Harmon Subdivision Fourth Filing. All prior
Simple Subdivisions shared Harmon Lane, but the road needs to be brought up to County standards.
The developer proposed a loop road around Lot 7 during the sketch plan review with the Planning
and Zoning Commission on October 26, 2022 but removed it for their official preliminary plat
application.
210 MS 22
PZC - PRELIMINARY PLAT
PRELIMINARY PLAT_____________________________________________________________________________________
EXHIBITS:
1.Preliminary Plat
2.Vicinity Map
3.Draft Development Agreement
4.Agency Correspondence
5.Harmon Prior Simple Subdivisions: 1st, 2nd, 3rd Filings
_____________________________________________________________________________________
PLANNING STAFF RECOMMENDATION:
Planning staff recommends that the Planning and Zoning Commission send a recommendation of
DENIAL to the Board of County Commissioners for File # 210 MS 22 a Minor Subdivision Preliminary
Plat, with:
●Findings of Denial A thru C.
●Conditions of Approval 1 thru 4.
●No Recommendation for the Board Chairman to sign the Development Agreement.
FINDINGS:
A.The proposed subdivision, with conditions, is consistent with the provisions W.S. 18-5-301
through W.S. 18-5-315.
B.The proposed subdivision is consistent with goals and objectives of the Lincoln County
Comprehensive Plan, including Section IV Land Use Objective 1. Create Land Use Regulations
that promote the responsible and orderly development of Lincoln County.
C.The proposed subdivision, with conditions, is NOT consistent with the standards and procedures
of these Lincoln County Land Use Regulations, including:
6.17 General Road Design Requirements
A.Subdivision roads should have a loop road for a turn around point rather than
cul-de-sac unless it is determined by the Office of Planning and Engineering and/or
the County Engineer that the physical characteristics of the site prohibit its
construction.
CONDITIONS OF APPROVAL:
1.Significant alteration of the project shall require additional permitting.
2.A Weed Control Plan shall be developed in conjunction with Lincoln County Weed & Pest.
3.Developer and County shall enter into a Development Agreement to:
a.Ensure installation of subdivision improvements and preparation of documents, including:
210 MS 22
PZC - PRELIMINARY PLAT
PRELIMINARY PLATi.Construct approved subdivision road with the minimum: 20’ width travel lane from
the County Road 12-146 through a completed looped road 100’x100’ square, or a
donut loop road with a minimum 140’x140’ island and 30’ road easement outside
the island area.
ii.Install electrical power and communication lines;
iii.Submittal of Water Distribution Plan to the State Engineer’s Office;
iv.Survey monumentation; and
v.Development of either,a HOA, CCRs, Road Maintenance Agreement, Special
Improvement District, or Mutual Benefit Corporations that at a minimum:
1.Provide an entity for ongoing road maintenance including the collection of
road maintenance fees;
2.Provide an entity for ongoing snow removal including the collection of
snow removal fees;
3.Ensure road maintenance and snow removal are maintained indefinitely;
4.The chosen document must be filed at the time of final plat filing, and bind
all current and future owners to the agreement.
4.Prior to Final Plat Application the improvements shall be installed and inspected by County
personnel.
a.Provide for final plat approval upon satisfaction of Development Agreement terms;
b.Developer Agreement shall be signed by all parties and filed with the Lincoln County
Clerk’s Office no later than 30 days after approval of the Preliminary Plat or the
application and approval shall be voided.
AGENCY CORRESPONDENCE:
Lincoln County Weed & Pest:No response was received by the LCWP. A Weed Management Plan is
required by the Development Agreement.
Star Valley Conservation District:Due to a large variation of groundwater levels in this section, SVCD
recommends soil cuts to determine groundwater levels. If groundwater is high, we recommend an
enhanced septic system and shallow crawl spaces instead of basements. We recommend that soil cuts be
taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know
that static water level can fluctuate according to the amount of high-water runoff from year to year.
State Engineer's Office:No correspondence has been received at this time.
Public Comment:N/A
210 MS 22
PZC - PRELIMINARY PLAT
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UV236
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Afton
1110
01
1315
12
02
14
03 06
18
07
31N 119W 31N
118W ³±146
Secluded DriveHarmon LaneJARACZ,
SUSAN H
DRANEY,COLTER T
& LISA
BAIRD, J
RUSSELL &MARGERY C
NEUENSCHWANDER,MIKE & BECKY
TRUSTEES
SHIFLETT,
MIKE &MARSHA
MITCHELL,MICHAEL
& SIERRAROSKIE FAMILY
REVOCABLE TRUST
ERICKSON,
BEAU &JENNIFER
ERICKSON,
BEAU D &JENNIFER
ERICKSON,BEAU &
JENNIFER
KALLGRENJEREMY &
CORENNE KALLGREN, JEREMY &CORENNE TRUSTEES
LAUBE,
PETER J
ROSKIE FAMILY
REVOCABLE TRUST
HILLSTEAD,PATRICIA L
HERRMANN,KARL A ETAL
SIX
STRINGS,INC
SYPHERD, DREW
S & CINDYL TRUSTEES
6S HOLDINGS,
LLC
PUTNAM, LEO
H & SHIRLEYK TRUSTEES
KENNINGTON,
STEPHEN R
TURNER,KEVIN S
BOOTH,LARRY &BECKY
HARMON, LOAMAE SUCCESSORTRUSTEE
HARMON,
VANCEM ETAL
LAUBE,PETER J
HARMON, LOA
MAE SUCCESSORTRUSTEE
SIX
STRINGS,INC
Maxar
Minor Subdivision Application
Projects
Public Noticing
US Highways
WY Highways
Township & Range
Sections
Municipalities
File No 210 MS 22
Harmon Subdivision Fourth Filing
Mike & Marsha Shiflett, Orson
Mont Harmon & Loa Mae Harmon
Revocable Trust, dated February
8, 1994
Prepared using available data by Destry Dearden, GISP on 11 Oct. 2022. Map is for informational purposes only and in no way represents an official survey of land.
DEVELOPMENT AGREEMENT
FOR HARMON SUBDIVISION FOURTH FILING
FILE NO. #210 MS 22
THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2022 by
and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is
421 Jefferson St., Suite 701, Afton, Wyoming, 83110, specifically Lincoln County Planning and
Development and Mike Shiflett and Marsha Shiflett / Orson Mont Harmon and Loa Mae
Harmon Revocable Trust, dated February 8, 1994., hereinafter referred to as
OWNER/DEVELOPER”, whose address is Mike and Marsha Shiflet 2270 Highway 241 Afton,
WY 83110.
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No.# 210-MS-22 Subdivision to subdivide approximately 23.25 acres into 3
lots as set forth in the Preliminary Plat; and
WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see
Exhibit A) located in the County; and
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER and the County to enter
into this Agreement that will guarantee the full and satisfactory completion of the required
Improvements on the Property described in this Agreement and it is the intent of this Agreement
and the parties to satisfy the Improvement requirements and to provide for the approval of the
final plat application by the Lincoln County Board of County Commissioners and the final plat
recordation in the Office of the Lincoln County Clerk of Harmon Subdivision Fourth Filing;
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein,
the parties agree:
Section 1. Definitions
1.1 SUBDIVISION:The subject of this Agreement, which is designated and identified as
File No. #210-MS-22 Harmon Subdivision Fourth Filing on the Property described in Exhibit A
in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future
mention to the term SUBDIVISION.
1.2 IMPROVEMENT:Any alteration to the land or other physical construction located on or
off the Property that is associated with this subdivision, building site, or development.
1.3 OWNER//DEVELOPER:means and refers to Mike Shiflett and Marsha Shiflett / Orson
Mont Harmon and Loa Mae Harmon Revocable Trust, dated February 8, 1994, whose address is
2270 Highway 241 Afton, WY 83110, the party that owns and is developing the Property and
shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property.
Page 1 of 11
1.4 PROPERTY:means and refers to the identified approximately 23.25+/- acres of a certain
parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A.
Section 2. Planned Improvements.
The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the
following required improvements:
●Subdivision Road:
o Construct approved subdivision road with the minimum: 20’ width travel lane
from the County Road 12-146 through a completed looped road 100’x100’
square, or a donut loop road with a minimum 140’x140’ island and 30’ road
easement outside the island area.
●Submittal of Water Distribution Plan to the State Engineer’s Office if water rights exist
on the property.
●Utilities:
o Install Electrical Power to each identified lot
o Install Communication lines to each identified lot
●Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B
●Disturbed areas shall be reseeded to avoid weed infestation and erosion
●Road Signs: The Developer to purchase private road name sign and stop sign through
Lincoln County, Wyoming Planning and Engineering Office to assure standardization
throughout the County and said County Office will install after completion of
improvements and subdivision final approval.
OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with
Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies
responsible for providing services to the Development.
Section 3. Sales or building permits.No lot shall be sold prior to final plat approval by the
Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk.
Also no building permits shall be issued by the County until final plat approval and recording.
Section 4. Schedule for Commencement and Completion of the Improvements. The
OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION
within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County
Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the
Improvements within three (3) years after approval of the Preliminary Plat. If
OWNER/DEVELOPER does not commence construction of the Improvements within two (2)
years or complete Improvements within three (3) years of the date of SUBDIVISION
Preliminary Plat approval by the Lincoln County Board of County Commissioners, the
preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements
Page 2 of 11
and meets all of the conditions of approval set out in the Final Determination approving the
Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat
shall be signed and recorded.
Section 5. Control of trash, weeds, dust, erosion, and sedimentation.The
OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation,
weed, and trash control on the Property required by any County, State or Federal regulations.
OWNER/DEVELOPER shall use best management practices and industry standards for control.
Trash shall be contained at all times. The responsibilities in this Section shall run with the land
and shall therefore apply before, during, and until completion of Improvements.
Section 6. Permits.The OWNER/DEVELOPER is responsible for obtaining all 60’
right-of-way, easements, access, excavation, and other permits and approvals required by local,
State, or Federal regulations.
Section 7. Inspections.The OWNER/DEVELOPER’s representatives shall make regular
inspections and maintain control of SUBDIVISION while it is under construction.
Representatives of the County shall have the right to enter upon the Property at any reasonable
time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this
Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter
upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not
materially deviate from the Improvements required herein without the prior written approval of
the County, which approval will not be unreasonably withheld.
Section 8. Final Inspection and Approval of Improvements.The OWNER/DEVELOPER
shall notify the County when it believes that the Improvements have been fully and properly
completed and shall request final inspection and approval and acceptance of the Improvements
by the County. At the time of such notification to the County, OWNER/DEVELOPER shall
submit to County a set of “as built” plans and specifications, prepared by its engineer. The
County will provide interim and final inspection of the Improvements within a reasonable time
period after notification by the OWNER/DEVELOPER of completion and submission of “as
built” plans and specifications. Upon inspection, the County shall give written acceptance of the
Improvements or a written checklist of material deficiencies, such noted deficiencies shall be
specific as to location and shall specify, in detail, the necessary corrective action to be taken by
the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify
OWNER/DEVELOPER of its acceptance of the Improvements.
Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt
and satisfactory correction of all defects and deficiencies, for both materials and workmanship,
in the Improvements that occur or become evident within one year. If such defect or deficiency
occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within
thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected.
If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written
demand from the County, the OWNER/DEVELOPER shall commence the correction of the
Page 3 of 11
deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the
same or cause it to be corrected.
Section 10. Remedies.In the event the OWNER/DEVELOPER fails to perform any of the
terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency
under this Agreement, the County, at its option, may exercise any rights and remedies it may
have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke
the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation,
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations.
Section 11. Default.If the OWNER/DEVELOPER fails to fully perform any of its obligations in
accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the
Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default
of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific
Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the
Remedies in the preceding paragraph at its own discretion.
Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots
shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole
expense.
Section 13. Maintenance of Roads. OWNER/DEVELOPER hereby agrees that they will create
a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement
District, or Mutual Benefit Corporations that at a minimum:
a)Provide an entity for ongoing road maintenance including the collection of road
maintenance fees;
b)Provide an entity for ongoing snow removal including the collection of snow removal
fees;
c)Ensure road maintenance and snow removal are maintained indefinitely.
d)The chosen document must be filed at the time of final plat filing, and bind all current
and future owners to the agreement.
Section 14. Binding Upon Successors.This Development Agreement shall be binding upon and
inure to the benefit of the parties’ respective heirs, successors, assigns and personal
representatives.
Section 15. Notices.Any written notices required herein shall be deemed delivered to the
addressee when delivered in person on a business day at the address set forth below or on the
third day after being deposited in the United States mail, for delivery by properly addressed,
postage prepaid, certified or registered mail, return receipt requested, to the address set forth
below.
Page 4 of 11
Notices to the County shall be addressed to, or delivered at, the following address:
Lincoln County Board of County Commissioners
ATTN: Planning Director
Planning and Development Office
421 Jefferson St., Suite 701
Afton, Wyoming, 83110
Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following
address:
Mike and Marsha Shiflet
2270 Highway 241
Afton, WY 83110
Section 16. Indemnification.
A.No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges
and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or
injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s
issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or
use of any portion of the Improvements, and (2) that the County’s issuance or denial of any
permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to
insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees
or any third party, against damage or injury of any kind.
B.Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and
does hereby, indemnify the County, and all of its elected and appointed officials, officers,
employees, agents and representatives from any and all claims, costs and liability of every kind
and nature that may be asserted at any time against any such parties for injury or damage
received or sustained by any person or entity in connection with (1) the County’s review of,
denial, or approval of any plans, including those for the Improvements, (2) the inspection or
issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction,
maintenance or use of any portion of the Improvements and (4) the performance by the
OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The
indemnification required herein shall include, but not be limited to, any costs of defense incurred
by the indemnified parties including attorney fees and expert witness fees.
Section 17. Amendments or Alterations. Any changes,omissions, modifications, revisions,
additions or amendments to this Development Agreement shall be incorporated by written
instrument, executed and signed by all parties.
Section 18. Severability.The invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof and this Agreement shall be construed in all respects
as if such invalid or unenforceable provisions were omitted.
Page 5 of 11
Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln
County Clerk.
Section 20. Authority to Execute.The County hereby warrants and represents to the
OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been
properly authorized to do so by the Board of County Commissioners. The
OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of
record of the Property or the owner’s authorized representative, (2) that it has the right, power,
and authority to enter into this Agreement and to agree to the terms, provisions, and conditions
set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to
authorize the execution, delivery, and performance of this Agreement have been taken, and (4)
that neither the execution of this Agreement nor the performance of the obligations assumed by
the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement
to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii)
violate any statute, law restriction, court order, or Agreement to which the
OWNER/DEVELOPER or the subdivision is subject.
Section 21. Regulations.The OWNER/DEVELOPER agrees to abide by all regulations, laws
and codes of Lincoln County, the State of Wyoming, and the Federal Government.
Section 22. Applicable Law/Venue.The construction,interpretation, and enforcement of this
Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of
Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the
Third Judicial District, Lincoln County, Wyoming.
Section 23. Insurance.OWNER/DEVELOPER shall procure,and at all times maintain, general
liability insurance to protect from claims for damages because of negligence or bodily injury,
including but not limited to death and damages to property, all with coverage limits of no less
than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the
OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before
beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of
liability insurance to County evidencing said limit.
Section 24. Entirety of Agreement.This Agreement sets forth all promises, inducements,
agreements, condition and understandings between OWNER/DEVELOPER and County relative
to the subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between OWNER/DEVELOPER and County, other
than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if
set forth in full including all text information in the Exhibits. In the event of any conflict of
terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns.
Page 6 of 11
Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be
deemed to constitute a waiver of any other provision nor will it be deemed to constitute a
continuity waiver unless expressly provided for; nor will the waiver of any default under this
Agreement be deemed a waiver of any subsequent default or defaults of the same type. The
County’s failure to exercise any obligation under this Agreement will not constitute the approval
of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement.
OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all
approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of
approval, upon any of the violations of Lincoln County Land Use Regulations, or for
misrepresentations or material omissions made to the Lincoln County Planning and Engineering
Office or Board of County Commissioners.
Section 26. Sovereign Immunity.The County does not waive sovereign immunity by entering
into this Agreement and specifically retains immunity and all defenses available to it pursuant to
law, including government immunity.
Section 27. Effective Date.This Agreement shall become valid and binding only upon its
approval by the Lincoln County Board of County Commissioners and shall be effective on the
date first written above.
IN WITNESS WHEREOF,the parties to this Agreement through their duly authorized
representatives have executed this Agreement on the days and dates set out below and certify
that they have read, understood, and agreed to the terms and conditions of this Agreement.
LINCOLN COUNTY
________________________________Date: ______________________
Jerry W. Hansen, Chairman
Board of Lincoln County Commissioners
Attest:
________________________________
April Brunski
Lincoln County Clerk
Page 7 of 11
OWNER/DEVELOPER
________________________________Date: ______________________
Mike Shiflet,
________________________________Date: ______________________
Marsha Shiflet,
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Mike Shiflet and Marsha
Shiflet, this ____ day of ______________ 2023.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires: ________________
Page 8 of 11
OWNER/DEVELOPER
________________________________Date: ______________________
Orson Mont Harmon, Trustee
________________________________Date: ______________________
Loe Mae Harmon, Trustee
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Orson Mont Harmon and
Loa Mae Harmon, of the Orson Mont Harmon and Loa Mae Harmon Revocable Trust, dated
February 8, 1994,this ____ day of ______________2023.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires: ________________
Page 9 of 11
EXHIBIT A
DESCRIPTION OF PROPERTY
Harmon Subdivision Fourth Filing
23.25+/- acres within Section 14, Township 31 North, Range 119 West, in, Lincoln County,
Wyoming.
Page 10 of 11
EXHIBIT B
APPROVED PRELIMINARY PLAT
See Attached
Page 11 of 11
December 9, 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
Mike and Marsha Shiflett Simple Subdivision located in Osmond, Wyoming.
Due to a large variation of groundwater levels in this section, SVCD recommends soil cuts to
determine groundwater levels. If ground water is high, we recommend an enhanced septic system
and shallow crawlspaces instead of basements. We recommend that soil cuts be taken in the
spring/early summer when groundwater is highest. If soil cuts are done at other times know
that static water level can fluctuate according to the amount of high-water runoff from year to year.
Please note that the property has an irrigation water right from the Salt River through the Lower
Salt River Canal. This canal water district must have maintenance access to the pipeline.
Landscaping such as trees, shrubbery, etc., within 16.5 feet of either side of the pipeline is strongly
discouraged and is subject to removal by the canal company. For more information, please contact
Blair Hillstead at 307-248-3590.
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
Mike and Marsha Shiflett
Minor Subdivision
Osmond, Wyoming
December 9, 2022
Location
The Mike and Marsha Shiflett, minor subdivision is located in the W1/2NE1/4 of Section 14
T31N R119W. The proposed subdivision is 11.7 +/- acres and will be divided into 2 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 28 and 275 feet below ground surface.
According to Surveyor Scherbel’s Office, owner’s agent, the 2 lots will each have individual
wells and septic systems. Due to a large variation of groundwater levels in this section, SVCD
recommends soil cuts to determine groundwater levels. If ground water is high, we recommend
an enhanced septic system and shallow crawlspaces instead of basements. We recommend
that soil cuts be taken in the spring/early summer when groundwater is highest. If soil
cuts are done at other times know that static water level can fluctuate according to the amount
of high-water runoff from year to year
Please note that the property has an irrigation water right from the Salt River through the Lower
Salt River Canal. This canal water district must have maintenance access to the pipeline.
Landscaping such as trees, shrubbery, etc., within 16.5 feet of either side of the pipeline is strongly
discouraged and is subject to removal by the canal company. For more information, please contact
Blair Hillstead at 307-248-3590.
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 by email at katysprouse@wyo.gov
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 two soil types identified as Hoback Gravelly loam (Hc)
and Osmund and Mundos loams 0 to 3 percent slopes (OnA).
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 of Hoback Gravelly loam (Hc) and Osmund and Mundos loams 0 to 3 percent
slopes (OnA) are rated as Not Limited.
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 areas of Hoback
Gravelly loam (Hc) is Very Limited due to seepage. Or areas containing the Osmund and Mundos
Loams 0 to 3 percent slopes (OnA) the rating is listed as Somewhat Limited due to slow water
movement.
Roads and streets: The degree of limitations for roads and streets for areas of Hoback Gravelly
loam (Hc) is listed as Somewhat Limited due to frost action. Areas consisting of Osmund and
Mundos loams 0 to 3 percent slopes (OnA) are rated as Very Limited due to frost action.
Shallow excavations: The degree of limitations for shallow excavations for shallow excavations
for in both areas of Hoback Gravelly loam (Hc) and Osmund and Mundos loams 0 to 3 percent
slopes (OnA) are rated as Very Limited due to cutbanks cave.
Erosion Hazard: The erosion hazard of natural surface roads and construction sites in both areas
of Hoback Gravelly loam (Hc) and Osmund and Mundos loams 0 to 3 percent slopes (OnA) is rated as
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 tress/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.
This property has an irrigation water right from the Salt River through the Lower Salt River
Canal. This canal water district must have maintenance access to the pipeline. Landscaping such
as trees, shrubbery, etc., within 16.5 feet of either side of the pipeline is strongly discouraged and
is subject to removal by the canal company. For more information, please contact Blair Hillstead
at 307-248-3590
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 full review is included later in this report. Please refer to the
recommendations regarding the Leafy Spurge present on the property.
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 by email at 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
recommendsfollowing 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
Office of Planning and Development
Lincoln County, Wyoming
Clarification On General Road Design Requirements
Dead End road designs should be avoided whenever possible. Where dead end roads are the
only alternative, cul-de-sacs or turnarounds shall be provided using the following guidelines.
●500’ Length and Under – Travel way 20’ – Gravel/Paved Surface w/ 60’ Radius
cul-de-sac.
●500’- 1000’ Length Roads – Travel way 26’from the primary road to the center of
the cul-de-sac - Gravel/Paved Surface w/ 60’ Radius. ROW on cul-de-sac will need to
be 70’ in Radius.
●1000’+ Length Roads require a Loop Road – See 6.18 Subdivision Road Design
Specifications.
Design Preference:
●Bulb Type (Gradual Transition) - 120’ Diameter Gravel Surface
●Offset - 120’ Diameter Gravel Surface
●Hammerheads and Y designs are Not Allowed
●“Donut” design is highly discouraged
Loop Road – (DEFINED) A road that has 2 access points from the primary road with a
minimum 300’ between the access points. The travel way will be a 20’ graveled surface.
Roadway system shall loop a minimum of 1 lot within the subdivision. The primary road
origination point is determined by the Planning Staff.
Provide adequate snow storage shall be provided to keep turnarounds clear.
Dead end roads which do not have a turnaround are not allowed.
6.18 Subdivision Road Design Specifications
The table of Road Types is still valid when identifying specifications. The travel way shall be
adjusted if a dead-end road is proposed. Shoulders will be required pending on road grade.
925 Sage Avenue Suite 201 421 Jefferson St. Ste 701
Kemmerer, WY 83101 www.lcwy.org Afton, WY 83110
307-877-9056 Updated: MARCH 11, 2022 307-885-3106