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Home My WebLink AboutCombined BCC Staff Report 211-MS-21 PP Teresa Porter SubPRELIMINARY PLATAPPLICANTS:R. Wade Johnson, Trustee PROJECT NAME:Teresa Porter Subdivision – Preliminary Plat COMMUNITY PLAN AREA:Upper Valley ZONING:Rural SURVEYOR:Ross Turner PLANNER:Emmett Mavy PIN:3319-263-00-026 _____________________________________________________________________________________ PROPOSAL:A Minor Subdivision Preliminary Plat application proposal to subdivide 28.56 +/- acres into three (3) residential lots. The average lot size will be 9.52 +/- acres in the Rural Zone. The lots will each access off of CR 131 Northwest of Afton, with Lot 2 & 3 sharing a 60’ easement. Each lot will have individual wells and individual septic systems. LOCATION:5.0 miles Northwest of the Town of Afton,Wyoming in Section 26, Township 33 North, Range 119 West. BACKGROUND: This land was part of a Trust and it was decided to be divided among three grandchildren of the trust creator. This land is being split into three lots so each of the beneficiaries may have one lot. The property qualifies for a family exemption but the trustee opted for the minor subdivision so the grandchildren are not limited to wait five years for the sale of a lot. At the time of pre-application it was determined that a subdivision road was not necessary as lot 1 has an existing access and lot 2 & 3 can share a 60’ easement off of CR 131. Property has a section of floodplain and a seasonal ditch that runs through the property, but each lot has buildable space outside the floodplain. EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Agency Correspondence _____________________________________________________________________________________ 211 MS 21 BCC - PRELIMINARY PLAT PRELIMINARY PLATPLANNING & ZONING RECOMMENDATION: On February 15, 2023 The Planning and Zoning Commission sent a recommendation of APPROVAL to the Board of County Commissioners for File # 211 MS 21 a Minor Subdivision Preliminary Plat, with: ●Findings of Approval A thru C. ●Conditions of Approval 1 thru 4. ●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: a.Residential density standards and subdivision improvement standards for the Rural Zone. 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.Install electrical power and communication lines; ii.Submittal of Water Distribution Plan to the State Engineer’s Office if water rights exist on the property; iii.Survey monumentation; 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:Lincoln County Weed &Pest has not inspected the property due to snow on the ground at the time of request. Property owner needs to contact Lincoln County Weed & Pest again and have the property inspected. A weed management plan is required by the Development Agreement. _____________________________________________________________________________________ 211 MS 21 BCC - PRELIMINARY PLAT PRELIMINARY PLATStar Valley Conservation District:Due to groundwater levels being so close to the surface in this section, SVCD recommends soil cuts to determine groundwater levels. If groundwater is high, we recommend an enhanced septic system and shallow or no basements. We also recommend 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 static water levels 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 Comments:N/A _____________________________________________________________________________________ 211 MS 21 BCC - PRELIMINARY PLAT UV237 UV238 Afton 36 26 2527 34 35 2216 03 21 17 07 06 2019 10 15 08 09 18 0405 20 15 04 24 08 03 01 12 02 09 17 13 11 23 10 22 1416 05 21 3534 36332528262930 31 32 27 33N 119W 32N 118W32N 119W 33N 118W ³±131JOHNSON,ROLLIN W & ELIZABETH JOHNSON,BILLY L & AMY R TRUSTEES JOHNSON, ROLLINW & ELIZABETH J JOHNSON, ROLLIN W,SUCCESSOR TRUSTEE WORTON, BRAYDEN &JUSTENE MERRITT,KIRK L & CONNIE E HYDE, CLEALON D TRUSTEE HUMPHREYS,GERALD & TENA WORTON, BRAYDEN &JUSTENE BRUBAKER, MERVIN R BRUDERER, IVAN K &ELLENN M TRUSTEESSTRICKLER, RICHARDF & PAMELA S TAU, JERIE A HYDE, CLEALON D.& ELAINETRUSTEES MARTIN,SOPHIA A ASHWORTH,CHRISTOPHER C & SARAH L CASSIDY, TIMOTHYJ & MELISSA D TRUSTEES JOHNSON, ROLLIN W &ELIZABETH GUZMAN,JUSTIN R JESSOP,CHARESE & TRAVIS B JOHNSON,BILLY B SPAULDING, WILLIAMD & DONNA J TRUSTEES ETAL NEVIN, ELLEN Maxar, Microsoft Minor Subdivision Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No 211 MS 21 Teresa Porter Subdivision Rollin W. Johnson, Successor Trustee of the Lynn R. Johnson Family Living Trust dated August 29, 2007 Prepared using available data by Katie Gipson on 30 Dec. 2022. Map is for informational purposes only and in no way represents an official survey of land. The foregoing instrument was acknowledged before me by Rollin Wade Johnson in hisofficial capacity as Successor Trustee, as described in the Certificate of Owner abovethis ________ day of ____________________, 2023.Witness my hand and official seal:__________________________________________Notary PublicMy Commission expires: I, Rolln Wade Johnson, Successor Trustee of the Lynn R. Johnson Family Living Trust, dated August 29, 2007, hereby certify that the division of that tract of land shown hereon and further described in the Certificate of Surveyor is with the free consent and is in accordance withthe desires of the undersigned owner and proprietor;That the name of the subdivision shall be TERESA PORTER SUBDIVISION;That the portion of the Subdivision lying within the south 30 feet of Section 26, as depicted onthis plat, is subject to an easement for the Tom's Canyon County Road No. 12-131;That there are no irrigation water rights at this time appurtenant to this subdivision; andThat all rights under and by virtue of the Homestead Exemption Laws of the State of Wyoming are hereby released.___________________________________________Rollin Wade Johnson, Successor TrusteeLynn R. Johnson Family Living TrustSTATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )Ross M. Turner, PE&LSP.O. Box 819Afton, Wyoming 83110Lynn R. Johnson Living Family TrustR. Wade Johnson, Sucessor Trustee66 Crown Ranch RoadAuburn, Wyoming 83111SURVEYORTOWNSHIP 33 NORTH, RANGE 119 WESTTERESA PORTER SUBDIVISIONBilly and Amy Johnson Living Trust61 Sure-Bet Lane, Auburn, WY 83111TERESA PORTER SUBDIVISIONS S6N 00°01'45" W N 89°35'31" E626.15'168.63'S 34S 27208.7140.08N 00°01'45" W N 00°01'45" W 696.40'1322.55' 1322.68' 1321.76'SW1/4SW1/4N 00°01'45" W N 00°05'40" W N 00°01'45" W N 89°45'39" ES 89°45'39" W40.08'314.43'626.15'318.30'S 35S 2660'Lot 39.52 acres30'S 00°01'45" E 696.48' 1322.20'Lot 3 Flood Plain3.35 acresLot 29.52 acresS 89°45'39" W200.53'Jerie A. Tau741 Tom's Canyon RdAuburn, WY 831111028-5650.60 acresN 89°45'39" E267.05'131.25'Common DrivewayEasement60'52.22'30'N 00°15'01" W S 89°45'39" W126.39'98.84'179.91'S 35S 26W 1/16Lot 19.52 acresS 00°05'48" E S 00°05'48" E N 00°05'48" W 1191.24' 1320.88'Lot 1 Flood Plain2.32 acresLot 2 Flood Plain1.61 acresS 27S 1/16N 89°32'36" E167.12'N 89°50'21" E318.30'41.59'359.89'N 89°50'21" E312.86'N 89°50'21" EN 89°50'21" E318.91'328.58'S 26SW 1/160 50 100 150 200 250 300 350 400 450 500A FLOOD HAZARD EXISTS ON LOTS 1, 2, AND 3. Areas as shown on these lots have been designated by Lincoln County as lying within Flood Plain Zone A. Construction of permanent building structures within these areas is prohibited.AGRICULTURAL OPERATIONS There are existing agricultural operations adjacent to this subdivision and agricultural nuisances may exist within the subdivision. Should lands adjacent to this subdivision be removed from agricultural use, the 25 foot non-building buffer will no longer be in effect and the normal setback standards shall be applied. The existing agricultural operations are protected by W.S. 11-44-103, 2007.FIRE RESPONSE On-site fire fighting facilities are not proposed.LACK OF SOLID WASTE SERVICE Solid waste haulage service is not proposed. Lot owners shall be responsible for hauling their own solid waste.LACK OF CENTRAL SEWER No proposed public sewage disposl system (W.S. 18-5-306). Lot owners shall be responsible for building their own small wastewater disposal systems which meet state and county standards.LACK OF CENTRAL WATER No proposed central water supply system (W.S. 18-5-306, 2007). Lot owners shall be responsible for building their own wells which meet state standards.STREAM FLOW AND RIPARIAN RIGHTS The seller does not warrant to a purchaser that the purchaser has any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The State of Wyoming does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of a stream or river (W.S. 18-5-306, 2007).FLOOD HAZARD WARNING6.34 AcresBilly Brock JohnsonEnd of County Road30'30'drainageIf canal is officially abandoned, that portionwithin the subdivision will revert to theowner of Lot 3.1" = 100'SCALE2 rod easement for canal - not recently used.Cleolon D. Hyde, Trustee627 Tom's Canyon Rd, Auburn, WY 83111839-582Cleolon D. & Elaine Hyde, Trustees627 Tom's Canyon Rd., Auburn, WY 83111402-51, 768-1539.66 AcresBilly and Amy Johnson RemainderP.O. Box 1342, Afton, WY 83110PLAT WARNINGS Tom's Canyon County Road No. 12-131seasonal= 1/2" diameter cotton gin spindle with gear-shaped head set just below roadway surface= 3/8" steel spike set in pavement surface, found= 5/8" steel reinforcing bar post with 2.5" aluminum cap inscribed ROSS TURNER AFTON WY PE & LS 3514", with appropriate Lot numbers or details, set this survey= 5/8" steel reinforcing bar post with 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details, found= Section Survey Control Monument, as per Corner Record on file or to be filed in the Office of the County ClerkLEGENDMervin R. & Kristy Brubaker697 Tom's Canyon Rd. Auburn, WY 83111536-339William D. and Donna J. Spaulding, Trustees175 Braves Circle, Afton, WY 83110835-46Braden and Justene Worton244 Tom's Canyon Rd, Auburn, WY 83111943-407STATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )The foregoing instrument was acknowledged before me by Ross M. Turner this _______ day of _______________, 2023.Witness my hand and official seal:________________________________________Notary Public___________________________________Wyoming PE&LS 3514 I, Ross M. Turner, a Registered Profesional Engineer and Land Surveyor of Afton, Wyoming, and Spanish Fork, Utah, hereby certify that this plat was made from notes taken by myself during an actual survey in August, 2020 throughSeptember, 2022, and from records in the Office of the Clerk of Lincoln County;That it correctly represents the TERESA PORTER SUBDIVISION.STATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )This plat was filed for record in the Office of the Clerk of Lincoln Countyon this___________ day of ____________________, 2023.__________________________________________County or Deputy ClerkCERTIFICATE OF RECORDATIONCERTIFICATE OF SURVEYORCERTIFICATE OF APPROVALPersuant to Sections 34-12-102 and 34-12-103 and Sections 18-5-301 through 18-5-315, Wyoming Statutes, 2009, as amended,TERESA PORTER SUBDIVISION was approved at the regular meeting of the Lincoln County Board of County Commissioners held on this ______ day of __________________, 2023.Subject to the provisions of a resolution and amendments thereto for the approval os subdivision and townsite plats as adopted onMay 4, 2005, as amended. Plat approval does not constitute acceptance of streets and/or roadways as County Roads. Designationof County Roads is only accomplished by compliance with provisions of Section 24-3-101, Wyoming statutes, 2009, as amended.Board of County CommissionersCounty of Lincoln______________________________________________ _________________________________________________Jerry W. Hansen, Chairman Kent Connelly, Vice-ChairmanAttest:______________________________________________ __________________________________________________April Brunski, Clerk Teri Bowers, CommissionerTotal Number of Lots: 3Average Lot Size: 9.52 Ac.Total Acres: 28.56 Ac.Use of Lots: ResidentialZoning: RuralJANUARY 8, 2023DATELAND USE TABLELINCOLN COUNTY, WYOMINGSW1/4SW1/4 OF SECTION 26OWNERWITHIN THESTATE HIGHWAY 238CERTIFICATE OF OWNERSCALE: 1" = 1000'S 26SUBDIVISIONS26, T33N, R119WVICINITY MAP Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community±Date: 1/12/2023 1:4,514 0 0.055 0.110.0275 mi Teresa Porter Floor Plain A Flood Plain (DFIRM) A AE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD D Roads Municipal Roads US Highways WY Highways County Roads Other Named Roads Parcels (Approximate) © 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 TERESA PORTER SUBDIVISION FILE NO. #211-MS-21 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2023 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 R. Wade Johnson, Trustee., hereinafter referred to as OWNER/DEVELOPER”, whose address is 66 Crown Ranch Road, Auburn, WY 83111. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.# 211-MS-23 Subdivision to subdivide approximately 28.56 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 Teresa Porter Subdivision; 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. #211-MS-23 Teresa Porter Subdivision 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 R. Wade Johnson, Trustee, whose address is 366 Crown Ranch Road, Auburn, WY 83111, 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 10 1.4 PROPERTY:means and refers to the identified approximately 28.56+/- 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: ●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 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 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. Page 2 of 10 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. 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, Page 3 of 10 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. No roads are being constructed within this subdivision. 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: 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: R. Wade Johnson, Trustee 66 Crown Ranch Road Auburn, WY 83111 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 Page 4 of 10 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. 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. Page 5 of 10 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 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. Page 6 of 10 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 10 OWNER/DEVELOPER ________________________________Date: ______________________ R.Wade Johnson, Trustee of __________________________________ STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by R. Wade Johnson, Trustee of_________________________________ Trust this ____ day of ______________ 2023. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ Page 8 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Teresa Porter Subdivision 28.56+/- acres within Section 26, Township 33 North, Range 119 West, in, Lincoln County, Wyoming. Page 9 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached Page 10 of 10 January 9, 2023 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 Teresa Porter Subdivision, minor subdivision in Auburn, Wyoming. Due to groundwater levels being so close to the surface in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and shallow or no basements. We also recommend 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 static water levels fluctuate according to the amount of high-water runoff from year to year. 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 Teresa Porter Subdivision Minor Subdivision Auburn, Wyoming January 9, 2023 Location The Teresa Porter Subdivsion, minor subdivision is located within the SW1/4SW1/4 of Section 26 T33N R119, in Auburn Wyoming. The proposed subdivision is +/- 28.56 acres and will be divided into 3 lots. The drainage is to the east. 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 3 and 40 feet below ground surface. Due to groundwater levels being so close to the surface in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and shallow or no basements. We also recommend 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 static water levels fluctuate according to the amount of high-water runoff from year to year. 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 subdivisions 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 2 soil types identified as Leavittville complex (Le) and Willow Creek-Bozeman Association, undulating (WcC). 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 Leavittville complex (Le) is rated as Not Limited. For areas consisting of Willow Creek-Bozeman Association, undulating (WcC) the rating is listed as Somewhat Limited due to shrink-swell. 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 Leavittville complex (Le) and Willow Creek-Bozeman Association, undulating (WcC) are rated as Somewhat Limited due to slow water movement. Roads and streets: The degree of limitations for roads and streets for areas of Leavittville complex (Le) the rating is listed as Very Limited due to frost action and low strength. For areas containing Willow Creek-Bozeman Association, undulating (WcC) the rating is listed as Very Limited due to frost action, low strength, and shrink-swell. Shallow excavations: The degree of limitations for shallow excavations for areas of Leavittville complex (Le) the rating is listed as Very Limited due to cutbanks cave. Areas containing the Willow Creek-Bozeman Association, undulating (WcC) are listed as Somewhat Limited due to cutbanks cave. Erosion Hazard: The erosion hazard of natural surface roads and construction sites in areas consisting of Leavittville complex (Le) the rating is listed as Slight. Areas consisting of Willow Creek-Bozeman Association, undulating (WcC) are rated as Moderate due to slope and erodibility. 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. 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. 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 AGRICULTURAL OPERATIONS There are existing agricultural operations adjacent to this subdivision and agricultural nuisances may exist within the subdivision. Should lands adjacent to this subdivision be removed from agricultural use, the 25 foot non-building buffer will no longer be in effect and the normal setback standards shall be applied. The existing agricultural operations are protected by W.S. 11-44-103, 2007.This plat was filed for record in the Office of the Clerk of Lincoln Countyon this___________ day of ____________________, 2023.__________________________________________County or Deputy ClerkDATESURVEYORJANUARY 8, 2023Ross M. Turner, PE&LSP.O. Box 819Afton, Wyoming 83110= 1/2" diameter cotton gin spindle with gear-shaped head set just below roadway surface= 3/8" steel spike set in pavement surface, found= 5/8" steel reinforcing bar post with 2.5" aluminum cap inscribed ROSS TURNER AFTON WY PE & LS 3514", with appropriate Lot numbers or details, set this survey= 5/8" steel reinforcing bar post with 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details, found= Section Survey Control Monument, as per Corner Record on file or to be filed in the Office of the County ClerkLEGENDTERESA PORTER SUBDIVISIONPersuant to Sections 34-12-102 and 34-12-103 and Sections 18-5-301 through 18-5-315, Wyoming Statutes, 2009, as amended,TERESA PORTER SUBDIVISION was approved at the regular meeting of the Lincoln County Board of County Commissioners held on this ______ day of __________________, 2023.Subject to the provisions of a resolution and amendments thereto for the approval os subdivision and townsite plats as adopted onMay 4, 2005, as amended. Plat approval does not constitute acceptance of streets and/or roadways as County Roads. Designationof County Roads is only accomplished by compliance with provisions of Section 24-3-101, Wyoming statutes, 2009, as amended.Board of County CommissionersCounty of Lincoln______________________________________________ _________________________________________________Jerry W. Hansen, Chairman Kent Connelly, Vice-ChairmanAttest:______________________________________________ __________________________________________________April Brunski, Clerk Teri Bowers, CommissionerSTATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )SUBJECT TO ADDITIONS AND CORRECTIONSPersuant to Sections 34-12-102 and 34-12-103 and Sections 18-5-301 through 18-5-315, Wyoming Statutes, 2009, as amended,TERESA PORTER SUBDIVISION was approved at the regular meeting of the Lincoln County Board of County Commissioners held on this ______ day of __________________, 2023.Subject to the provisions of a resolution and amendments thereto for the approval os subdivision and townsite plats as adopted onMay 4, 2005, as amended. Plat approval does not constitute acceptance of streets and/or roadways as County Roads. Designationof County Roads is only accomplished by compliance with provisions of Section 24-3-101, Wyoming statutes, 2009, as amended.Board of County CommissionersCounty of Lincoln______________________________________________ _________________________________________________Jerry W. Hansen, Chairman Kent Connelly, Vice-ChairmanAttest:______________________________________________ __________________________________________________April Brunski, Clerk Teri Bowers, Commissioner0 50 100 150 200 250 300 350 400 450 5001" = 100'SCALELACK OF SOLID WASTE SERVICE Solid waste haulage service is not proposed. Lot owners shall be responsible for hauling their own solid waste.LACK OF CENTRAL SEWER No proposed public sewage disposl system (W.S. 18-5-306). Lot owners shall be responsible for building their own small wastewater disposal systems which meet state and county standards.LACK OF CENTRAL WATER No proposed central water supply system (W.S. 18-5-306, 2007). Lot owners shall be responsible for building their own wells which meet state standards.STREAM FLOW AND RIPARIAN RIGHTS The seller does not warrant to a purchaser that the purchaser has any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The State of Wyoming does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of a stream or river (W.S. 18-5-306, 2007).PLAT WARNINGS Tom's Canyon County Road No. 12-131ADVANCE PLAT JANUARY 9. 2023S S6N 00°01'45" W N 89°35'31" E626.15'168.63'S 34S 27208.7140.08N 00°01'45" W N 00°01'45" W 696.40'1322.55' 1322.68' 1321.76'SW1/4SW1/4N 00°01'45" W N 89°45'39" ES 89°45'39" W40.08'314.43'626.15'318.30'S 35S 2660'30'S 00°01'45" E N 00°01'45" W N 00°05'40" W 696.48' 1322.20'Lot 39.52 acresS 89°45'39" WS 00°05'48" E Jerie A. Tau741 Tom's Canyon RdAuburn, WY 831111028-5650.60 acresN 89°45'39" ES 00°05'48" E 267.05'131.25' 1191.24'Common DrivewayEasement60'52.22'30'N 00°15'01" W Lot 29.52 acresS 89°45'39" WN 00°05'48" W 126.39'98.84'200.53'179.91'1320.88'S 35S 26W 1/16Lot 19.52 acresS 27S 1/16N 89°32'36" E167.12'N 89°50'21" E318.30'41.59'359.89'N 89°50'21" E312.86'N 89°50'21" EN 89°50'21" E318.91'328.58'S 26SW 1/16FIRE RESPONSE On-site fire fighting facilities are not proposed.6.34 AcresBilly Brock Johnson9.66 AcresBilly and Amy Johnson RemainderP.O. Box 1342, Afton, WY 83110End of County RoadseasonaldrainageIf canal is officially abandoned, that portionwithin the subdivision will revert to theowner of Lot 3.2 rod easement for canal - not recently used.Cleolon D. Hyde, Trustee627 Tom's Canyon Rd, Auburn, WY 83111839-582Cleolon D. & Elaine Hyde, Trustees627 Tom's Canyon Rd., Auburn, WY 83111402-51, 768-153Mervin R. & Kristy Brubaker697 Tom's Canyon Rd. Auburn, WY 83111536-339William D. and Donna J. Spaulding, Trustees175 Braves Circle, Afton, WY 83110835-46Braden and Justene Worton244 Tom's Canyon Rd, Auburn, WY 83111943-407Billy and Amy Johnson Living Trust61 Sure-Bet Lane, Auburn, WY 83111The foregoing instrument was acknowledged before me by Ross M. Turner this _______ day of _______________, 2023.Witness my hand and official seal:________________________________________Notary Public I, Rolln Wade Johnson, Successor Trustee of the Lynn R. Johnson Family Living Trust, dated August 29, 2007, hereby certify that the division of that tract of land shown hereon and further described in the Certificate of Surveyor is with the free consent and is in accordance withthe desires of the undersigned owner and proprietor;That the name of the subdivision shall be TERESA PORTER SUBDIVISION;That the portion of the Subdivision lying within the south 30 feet of Section 26, as depicted onthis plat, is subject to an easement for the Tom's Canyon County Road No. 12-131;That there are no irrigation water rights at this time appurtenant to this subdivision; andThat all rights under and by virtue of the Homestead Exemption Laws of the State of Wyoming are hereby released.___________________________________________Rollin Wade Johnson, Successor TrusteeLynn R. Johnson Family Living TrustCERTIFICATE OF RECORDATIONThe foregoing instrument was acknowledged before me by Rollin Wade Johnson in hisofficial capacity as Successor Trustee, as described in the Certificate of Owner abovethis ________ day of ____________________, 2023.Witness my hand and official seal:__________________________________________Notary PublicMy Commission expires:CERTIFICATE OF APPROVALTotal Number of Lots: 3Average Lot Size: 9.52 Ac.Total Acres: 28.56 Ac.Use of Lots: ResidentialZoning: RuralLynn R. Johnson Living Family TrustR. Wade Johnson, Sucessor Trustee66 Crown Ranch RoadAuburn, Wyoming 83111LAND USE TABLELINCOLN COUNTY, WYOMINGTOWNSHIP 33 NORTH, RANGE 119 WESTSW1/4SW1/4 OF SECTION 26OWNERWITHIN THETERESA PORTER SUBDIVISIONSTATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )STATE OF WYOMING ) ) SS:COUNTY OF LINCOLN )___________________________________Wyoming PE&LS 3514 I, Ross M. Turner, a Registered Profesional Engineer and Land Surveyor of Afton, Wyoming, and Spanish Fork, Utah, hereby certify that this plat was made from notes taken by myself during an actual survey in August, 2020 throughSeptember, 2022, and from records in the Office of the Clerk of Lincoln County;That it correctly represents the TERESA PORTER SUBDIVISION.CERTIFICATE OF SURVEYORSTATE HIGHWAY 238CERTIFICATE OF OWNERSCALE: 1" = 1000'S 26SUBDIVISIONS26, T33N, R119WVICINITY MAP UV237 UV238 Afton 36 26 2527 34 35 2216 03 21 17 07 06 2019 10 15 08 09 18 0405 20 15 04 24 08 03 01 12 02 09 17 13 11 23 10 22 1416 05 21 3534 36332528262930 31 32 27 33N 119W 32N 118W32N 119W 33N 118W ³±131JOHNSON,ROLLIN W & ELIZABETH JOHNSON,BILLY L & AMY R TRUSTEES JOHNSON, ROLLINW & ELIZABETH J JOHNSON, ROLLIN W,SUCCESSOR TRUSTEE WORTON, BRAYDEN &JUSTENE MERRITT,KIRK L & CONNIE E HYDE, CLEALON D TRUSTEE HUMPHREYS,GERALD & TENA WORTON, BRAYDEN &JUSTENE BRUBAKER, MERVIN R BRUDERER, IVAN K &ELLENN M TRUSTEESSTRICKLER, RICHARDF & PAMELA S TAU, JERIE A HYDE, CLEALON D.& ELAINETRUSTEES MARTIN,SOPHIA A ASHWORTH,CHRISTOPHER C & SARAH L CASSIDY, TIMOTHYJ & MELISSA D TRUSTEES JOHNSON, ROLLIN W &ELIZABETH GUZMAN,JUSTIN R JESSOP,CHARESE & TRAVIS B JOHNSON,BILLY B SPAULDING, WILLIAMD & DONNA J TRUSTEES ETAL NEVIN, ELLEN Maxar, Microsoft Minor Subdivision Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No 211 MS 21 Teresa Porter Subdivision Rollin W. Johnson, Successor Trustee of the Lynn R. Johnson Family Living Trust dated August 29, 2007 Prepared using available data by Katie Gipson on 30 Dec. 2022. Map is for informational purposes only and in no way represents an official survey of land. Dwellings and Small Commercial Buildings Star Valley Area, Wyoming-Idaho Map symbol and soil name Pct. of map unit Rating class and limiting features Value Rating class and limiting features Value Rating class and limiting features Value [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The columns that identify the rating class and limiting features show no more than five limitations for any given soil. The soil may have additional limitations] Dwellings without basements Dwellings with basements Small commercial buildings Le: 85Leavittville Not limited Not limited Not limited 5Osmund l Not rated Not rated Not rated 5Turson sil Not rated Not rated Not rated 5Valleono sicl Not rated Not rated Not rated WcC: 40Willow Creek Somewhat limited Not limited Somewhat limited Shrink-swell 0.50 Slope 0.88 Shrink-swell 0.50 25Bozeman Somewhat limited Not limited Somewhat limited Shrink-swell 0.50 Slope 0.88 Shrink-swell 0.50 25Robana Somewhat limited Somewhat limited Somewhat limited Shrink-swell 0.50 Shrink-swell 0.50 Slope 0.88 Shrink-swell 0.50 5Bozeman sil Not rated Not rated Not rated 5Huffine sil Not rated Not rated Not rated Page 1 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Dwellings and Small Commercial Buildings Soil properties influence the development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. This table shows the degree and kind of soil limitations that affect dwellings and small commercial buildings. The ratings in the table are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect building site development. "Not limited" indicates that the soil has features that are very 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, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates 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. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). "Dwellings" are single-family houses of three stories or less. For dwellings without basements, the foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of 2 feet or at the depth of maximum frost penetration, whichever is deeper. For dwellings with basements, the foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of about 7 feet. The ratings for dwellings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that affect excavation and construction costs. The properties that affect the load-supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink-swell potential), and compressibility. Compressibility is inferred from the Unified classification. The properties that affect the ease and amount of excavation include depth to a water table, ponding, flooding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. "Small commercial buildings" are structures that are less than three stories high and do not have basements. The foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of 2 feet or at the depth of maximum frost penetration, whichever is deeper. The ratings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that affect excavation and construction costs. The properties that affect the load-supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink-swell potential), and compressibility (which is inferred from the Unified classification). The properties that affect the ease and amount of excavation include flooding, depth to a water table, ponding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. Information in this table is intended for land use planning, for evaluating land use alternatives, and for planning site investigations prior to design and construction. The information, however, has limitations. For example, estimates and other data generally apply only to that part of the soil between the surface and a depth of 5 to 7 feet. Because of the map scale, small areas of different soils may be included within the mapped areas of a specific soil. The information is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis by personnel experienced in the design and construction of engineering works. Government ordinances and regulations that restrict certain land uses or impose specific design criteria were not considered in preparing the information in this table. Local ordinances and regulations should be considered in planning, in site selection, and in design. Page 2 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Sewage Disposal Star Valley Area, Wyoming-Idaho Map symbol and soil name Pct. of map unit Rating class and limiting features Value Rating class and limiting features Value [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The columns that identify the rating class and limiting features show no more than five limitations for any given soil. The soil may have additional limitations] Septic tank absorption fields Sewage lagoons Le: 85Leavittville Somewhat limited Somewhat limited Slow water movement 0.46 Seepage 0.53 5Osmund l Not rated Not rated 5Turson sil Not rated Not rated 5Valleono sicl Not rated Not rated WcC: 40Willow Creek Somewhat limited Very limited Slow water movement 0.46 Slope 1.00 Seepage 0.53 25Bozeman Somewhat limited Very limited Slow water movement 0.46 Slope 1.00 Seepage 0.53 25Robana Somewhat limited Very limited Slow water movement 0.46 Slope 1.00 Seepage 0.53 5Bozeman sil Not rated Not rated 5Huffine sil Not rated Not rated Page 1 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Sewage Disposal This table shows the degree and kind of soil limitations that affect septic tank absorption fields and sewage lagoons. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect these uses. "Not limited" indicates that the soil has features that are very 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, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates 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. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). "Septic tank absorption fields" are areas in which effluent from a septic tank is distributed into the soil through subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 and 60 inches is evaluated. The ratings are based on the soil properties that affect absorption of the effluent, construction and maintenance of the system, and public health. Saturated hydraulic conductivity (Ksat), depth to a water table, ponding, depth to bedrock or a cemented pan, and flooding affect absorption of the effluent. Stones and boulders, ice, and bedrock or a cemented pan interfere with installation. Subsidence interferes with installation and maintenance. Excessive slope may cause lateral seepage and surfacing of the effluent in downslope areas. Some soils are underlain by loose sand and gravel or fractured bedrock at a depth of less than 4 feet below the distribution lines. In these soils the absorption field may not adequately filter the effluent, particularly when the system is new. As a result, the ground water may become contaminated. "Sewage lagoons" are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. Considered in the ratings are slope, Ksat, depth to a water table, ponding, depth to bedrock or a cemented pan, flooding, large stones, and content of organic matter. Ksat is a critical property affecting the suitability for sewage lagoons. Most porous soils eventually become sealed when they are used as sites for sewage lagoons. Until sealing occurs, however, the hazard of pollution is severe. Soils that have a Ksat rate of more than 14 micrometers per second are too porous for the proper functioning of sewage lagoons. In these soils, seepage of the effluent can result in contamination of the ground water. Ground-water contamination is also a hazard if fractured bedrock is within a depth of 40 inches, if the water table is high enough to raise the level of sewage in the lagoon, or if floodwater overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. If the lagoon is to be uniformly deep throughout, the slope must be gentle enough and the soil material must be thick enough over bedrock or a cemented pan to make land smoothing practical. Information in this table is intended for land use planning, for evaluating land use alternatives, and for planning site investigations prior to design and construction. The information, however, has limitations. For example, estimates and other data generally apply only to that part of the soil between the surface and a depth of 5 to 7 feet. Because of the map scale, small areas of different soils may be included within the mapped areas of a specific soil. The information is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis by personnel experienced in the design and construction of engineering works. Government ordinances and regulations that restrict certain land uses or impose specific design criteria were not considered in preparing the information in this table. Local ordinances and regulations should be considered in planning, in site selection, and in design. Page 2 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Roads and Streets, Shallow Excavations, and Lawns and Landscaping Star Valley Area, Wyoming-Idaho Map symbol and soil name Pct. of map unit Rating class and limiting features Value Rating class and limiting features Value Rating class and limiting features Value [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The columns that identify the rating class and limiting features show no more than five limitations for any given soil. The soil may have additional limitations] Local roads and streets Shallow excavations Lawns and landscaping Le: 85Leavittville Very limited Very limited Not limited Frost action 1.00 Low strength 0.78 Cutbanks cave 1.00 5Osmund l Not rated Not rated Not rated 5Turson sil Not rated Not rated Not rated 5Valleono sicl Not rated Not rated Not rated WcC: 40Willow Creek Very limited Somewhat limited Not limited Frost action 1.00 Low strength 1.00 Shrink-swell 0.50 Cutbanks cave 0.10 25Bozeman Very limited Somewhat limited Not limited Frost action 1.00 Low strength 1.00 Shrink-swell 0.50 Cutbanks cave 0.10 25Robana Very limited Somewhat limited Not limited Frost action 1.00 Low strength 1.00 Shrink-swell 0.50 Cutbanks cave 0.10 5Bozeman sil Not rated Not rated Not rated 5Huffine sil Not rated Not rated Not rated Page 1 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Roads and Streets, Shallow Excavations, and Lawns and Landscaping Soil properties influence the development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. This table shows the degree and kind of soil limitations that affect local roads and streets, shallow excavations, and lawns and landscaping. The ratings in the table are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect building site development. "Not limited" indicates that the soil has features that are very 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, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates 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. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). "Local roads and streets" have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material; a base of gravel, crushed rock, or soil material stabilized by lime or cement; and a surface of flexible material (asphalt), rigid material (concrete), or gravel with a binder. The ratings are based on the soil properties that affect the ease of excavation and grading and the traffic- supporting capacity. The properties that affect the ease of excavation and grading are depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, depth to a water table, ponding, flooding, the amount of large stones, and slope. The properties that affect the traffic-supporting capacity are soil strength (as inferred from the AASHTO group index number), subsidence, linear extensibility (shrink-swell potential), the potential for frost action, depth to a water table, and ponding. "Shallow excavations" are trenches or holes dug to a maximum depth of 5 or 6 feet for graves, utility lines, open ditches, or other purposes. The ratings are based on the soil properties that influence the ease of digging and the resistance to sloughing. Depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, the amount of large stones, and dense layers influence the ease of digging, filling, and compacting. Depth to the seasonal high water table, flooding, and ponding may restrict the period when excavations can be made. Slope influences the ease of using machinery. Soil texture, depth to the water table, and linear extensibility (shrink-swell potential) influence the resistance to sloughing. "Lawns and landscaping" require soils on which turf and ornamental trees and shrubs can be established and maintained. Irrigation is not considered in the ratings. The ratings are based on the soil properties that affect plant growth and trafficability after vegetation is established. The properties that affect plant growth are reaction; depth to a water table; ponding; depth to bedrock or a cemented pan; the available water capacity in the upper 40 inches; the content of salts, sodium, or calcium carbonate; and sulfidic materials. The properties that affect trafficability are flooding, depth to a water table, ponding, slope, stoniness, and the amount of sand, clay, or organic matter in the surface layer. Information in this table is intended for land use planning, for evaluating land use alternatives, and for planning site investigations prior to design and construction. The information, however, has limitations. For example, estimates and other data generally apply only to that part of the soil between the surface and a depth of 5 to 7 feet. Because of the map scale, small areas of different soils may be included within the mapped areas of a specific soil. The information is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis by personnel experienced in the design and construction of engineering works. Government ordinances and regulations that restrict certain land uses or impose specific design criteria were not considered in preparing the information in this table. Local ordinances and regulations should be considered in planning, in site selection, and in design. Page 2 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Erosion Hazard of Natural Surface Roads and Construction Sites Star Valley Area, Wyoming-Idaho Map symbol and soil name Pct. of map unit Rating class and limiting features Value Rating class and limiting features Value [[The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations]] Potential Erosion of Unsurfaced Roads and Trails Potential Erosion of Construction Sites Le: 85Leavittville Slight Slight 5Osmund l Not rated Not rated 5Turson sil Not rated Not rated 5Valleono sicl Not rated Not rated WcC: 40Willow Creek Moderate Slight Slope/erodibility 0.50 25Bozeman Moderate Slight Slope/erodibility 0.50 25Robana Moderate Slight Slope/erodibility 0.50 5Bozeman sil Not rated Not rated 5Huffine sil Not rated Not rated Page 1 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Erosion Hazard of Natural Surface Roads and Construction Sites This table can help land owners or land users plan the use of soils for unpaved roads. Interpretive ratings are given for the soils according to the limitations that affect unpaved roads. The ratings are both verbal and numerical. Some rating class terms indicate the degree to which the soils are suited to a specified practice. Well suited indicates that the soil has features that are favorable for the specified practice and has no limitations. Good performance can be expected, and little or no maintenance is needed. Moderately suited indicates that the soil has features that are moderately favorable for the specified practice. One or more soil properties are less than desirable, and fair performance can be expected. Some maintenance is needed. Poorly suited indicates that the soil has one or more properties that are unfavorable for the specified practice. Overcoming the unfavorable properties requires special design, extra maintenance, and costly alteration. Unsuited indicates that the expected performance of the soil is unacceptable for the specified practice or that extreme measures are needed to overcome the undesirable soil properties. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the specified practice (1.00) and the point at which the soil feature is not a limitation (0.00). The paragraphs that follow indicate the soil properties considered in rating the soils for forest management practices. More detailed information about the criteria used in the ratings is available in the "National Forestry Manual," which is available in local offices of the Natural Resources Conservation Service or on the Internet. Ratings in the column hazard of off-road or off-trail erosion are based on slope and on soil erodibility factor K. The soil loss is caused by sheet or rill erosion in off-road or off- trail areas where 50 to 75 percent of the surface has been exposed by logging, grazing, mining, or other kinds of disturbance. The hazard is described as slight, moderate, severe, or very severe. A rating of slight indicates that erosion is unlikely under ordinary climatic conditions; moderate indicates that some erosion is likely and that erosion-control measures may be needed; severe indicates that erosion is very likely and that erosion-control measures, including revegetation of bare areas, are advised; and very severe indicates that significant erosion is expected, loss of soil productivity and off-site damage are likely, and erosion-control measures are costly and generally impractical. Ratings in the column hazard of erosion on roads and trails are based on the soil erodibility factor K, slope, and content of rock fragments. The ratings apply to unsurfaced roads and trails. The hazard is described as slight, moderate, or severe. A rating of slight indicates that little or no erosion is likely; moderate indicates that some erosion is likely, that the roads or trails may require occasional maintenance; and that simple erosion-control measures are needed; and severe indicates that significant erosion is expected, that the roads or trails require frequent maintenance, and that costly erosion-control measures are needed. Ratings in the column suitability for roads (natural surface) are based on slope, rock fragments on the surface, plasticity index, content of sand, the Unified classification, depth to a water table, ponding, flooding, and the hazard of soil slippage. The ratings indicate the suitability for using the natural surface of the soil for roads. The soils are described as well suited, moderately suited, or poorly suited to this use. Page 2 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 State Engineer’s Office HERSCHLER BUILDING, 2 WEST CHEYENNE, WYOMING 82002 (307) 777-6150 MARK GORDON GOVERNOR BRANDON GEBHART, P.E. STATE ENGINEER December 5, 2022 Lincoln County Board of Commissioners 925 Sage Ave., Suite 302 Kemmerer, WY 83101 commission@lcwy.org RE:Teresa Porter Subdivision, Lincoln County Dear Commissioners: The State Engineer’s Office – Ground Water Division received application material related to the Northwinds Subdivision from the Wyoming Department of Environmental Quality, requesting information and advice to the Water Quality Division. The proposed subdivision is to be located in SWSW of Section 26, T33N, R119W, Lincoln County, Wyoming. The subdivision consists of 3 lots. Water supply is proposed to be provided by individual on lot wells. Based upon the review of both the subdivision application and a preliminary search of the agency’s water rights database, the State Engineer’s Office offers the following: Our office reviewed the referenced submittal in compliance with W.S. 18-5-306. We find that in respect to W.S. 18-5-306(a)(xi) the subdivider needs to address the following items: 1.Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permit P4989.0E.These acres need to be addressed per Statute. See item 7 for a summary of our findings and the processes to address these acres per Statute. 2.Our records indicate the following well permits should be addressed: Permit P190943W and P218029.0W. Our office recommends that the subdivider provide GPS coordinates for the wells and the legal location description including subdivision name and lot number, as well as the legal location description including subdivision name and lot number of where the domestic and stock uses are occurring.This action can be filed via official request to our office to update records along with a warranty deed showing current ownership of the property. Additional Comments: 3.An approved permit from the Wyoming State Engineer’s Office is required prior to the drilling of any water well. The procurement of the necessary and appropriate State Engineer water right permit allows the applicant to attempt to develop a water supply adequate to meet the proposed needs, and is no guarantee that any water will be physically available. Surface Water Ground Water Board of Control (307) 777-6475 (307) 777-6163 (307) 777-6178 4.If any new wells are proposed, they must be constructed in accordance with the State Engineer’s Office Rules and Regulations, Part III, Water Well Minimum Construction Standards. 5.Any well not to be used must be properly plugged and abandoned as outlined in the above referenced rules and regulations. 6.Any wells developed for uses that do NOT fall within the definition of domestic or stock use require adjudication by the Board of Control. 7.The water right search revealed other existing water rights attached to the subdivision lands. Those water rights must be addressed as outlined in Wyoming Statute 18-5-306(a)(xi). To date, the State Engineer’s Office has not received any paperwork addressing the intended disposition of the water rights. Wyoming Statute 18-5-306(a)(xi): (xi)With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior to final approval of the subdivision permit, the subdivider shall provide the following: (A)The intended disposition of the water rights, by: (I)Written documentation from the state engineer or the state board of control that the subdivider submitted to the state engineer or the state board of control all documents necessary to voluntarily abandon the water rights, cancel any unadjudicated permits or eliminate applicable lands from any unadjudicated permits. The subdivider shall notify any purchasers of this action; (II)Written documentation from the state board of control that the subdivider has submitted to the state board of control all documents necessary to change the use or place of use to provide for beneficial use of the water rights outside the subdivision; (III)A plan, accompanied by written documentation from the state engineer approving the plan, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include written documentation from the state board of control that the subdivider submitted to the state board of control all documents necessary to change the use, place of use or point of diversion or means of conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; or (IV)Written documentation from the state board of control that it has accepted an authorization to detach water rights appurtenant to the lands to be subdivided in accordance with rules and regulations promulgated by the state board of control. (B)If the subdivision is located within lands served by or crossed by a ditch, irrigation works or other water conveyance system, evidence that the subdivider submitted the plan to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system for review and recommendation at least sixty (60) days prior to the submittal of the application for the subdivision permit to the board. Upon receipt of the plan, the public entity, company, association or appropriators shall notify the subdivider if and how the subdivision will create a significant additional burden or risk of liability; (C)Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision the subdivider's intent to comply with this paragraph and that the subdivider does not warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The subdivider shall further state that Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river; (D)If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the application shall include recommendations from the irrigation district regarding any changes to the attached water rights and the irrigation district's easements. If there is a conflict with the irrigation district's recommendations, the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with the irrigation district; and (E)If the subdivision will create a significant additional burden or risk of liability to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system, the subdivider shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability and evidence that the subdivider submitted the plan to the public entity, company, association or appropriators for review and recommendation regarding the adequacy of the plan. In all correspondence regarding this application, please reference “State Engineer Subdivision Review Number 2023-1-12”. If you have any questions, please feel free to contact me at (307) 777-2974, or if you prefer email, at wesley.frain1@wyo.gov. Thank you for the opportunity to comment on the subdivision application. Sincerely, Wesley Frain Natural Resources Analyst TRANSMITTED VIA EMAIL Cc: Lisa Lindemann, Administrator, Ground Water Division Jason Feltner, Assistant Administrator, Surface Water Division Cheryl Timm, Administrator, Board of Control Division Kevin Payne, Superintendent, Water Division 4 Mike Johnson, Hydrographer/Commissioner, Water Division 4, District 8