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HomeMy WebLinkAboutCombined PP PZC Staff Report 210-MS-22 Harmon 4thPRELIMINARY PLATLINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Minor Subdivision Preliminary Plat HEARING TIME AND DATE: 6:00 p.m., February 15, 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 a private subdivision road (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 temporary loop road through Lot 8. The proposed Harmon Lane is currently under construction, but the platted cul-de-sac at the south end of Lot 8 is not currently constructed. 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 through the loop road. Property is within the Afton Airport Safety Zone C and Conical Zone and will need a plat warning for landowners. _____________________________________________________________________________________ 210 MS 22 PZC - PRELIMINARY PLAT PRELIMINARY PLATEXHIBITS: 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 APPROVAL to the Board of County Commissioners for File # 210 MS 22 a Minor Subdivision Preliminary Plat, with: ●Findings of Approval A thru C. ●Conditions of Approval 1 thru 6. ●A 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 consistent with the standards and procedures of these Lincoln County Land Use Regulations, including: 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: i.Construct approved subdivision road with the minimum: 20’ width travel lane from the County Road 12-146 through a completed looped road at Lot 8. 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; 210 MS 22 PZC - PRELIMINARY PLAT PRELIMINARY PLAT2.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. 5. Change Loop road from temporary to permanent, not to be removed in the future. 6.A plat warning approved by the Director of Planning for Airport Safety Zone and appropriate restrictions. 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. After Fire Chief:I do like the new curved road however,I’d like it to be permanent as well as the (2) 90 degree corners also. This would create a small “loop” at that area which would be beneficial to the fire department. In addition, I’d like to see a larger cul-de-sac at the south end of Lots 8/9 and a loop road south of lots 8/9 if this area were to ever get developed farther south. State Engineer's Office:No correspondence has been received at this time. Public Comment:N/A 210 MS 22 PZC - PRELIMINARY PLAT UV241 UV236 £¤89 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. Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community±Date: 1/31/2023 1:36,112 0 0.45 0.90.225 mi Harmon 4th Airport Safety Zone New_Airstrip_Afton AirSafety_Afton Roads Municipal Roads US Highways WY Highways County Roads Other Named Roads Parcels (Approximate) Township and Range Lines Section Lines Red: Red Green: Green Blue: Blue © Lincoln County This map is made possible through a joint effort of theOffices of Lincoln County Planning & Zoning and theAssessor's Office. This map is for locational andinformational purposes only. No depiction should beconstrued to be an official survey of land. Accuracy ofdata contained or depicted is neither warranted norassumed. Always contact a qualified surveyor forconfirmation of property boundaries. 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 at Lot 8. ●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 and meets all of the conditions of approval set out in the Final Determination approving the Page 2 of 11 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 deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Page 3 of 11 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. Notices to the County shall be addressed to, or delivered at, the following address: Page 4 of 11 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. Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Page 5 of 11 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. 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 Page 6 of 11 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: ________________ OWNER/DEVELOPER Page 8 of 11 ________________________________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: ________________ EXHIBIT A DESCRIPTION OF PROPERTY Page 9 of 11 Harmon Subdivision Fourth Filing 23.25+/- acres within Section 14, Township 31 North, Range 119 West, in, Lincoln County, Wyoming. EXHIBIT B APPROVED PRELIMINARY PLAT Page 10 of 11 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