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Home My WebLink About102 CUP 23 Packet 1 LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT CONDITIONAL USE PERMIT HEARING TIME AND DATE: 10:00 P.M., MARCH 8, 2023 HEARING LOCATIONS: LINCOLN COUNTY COURTHOUSE KEMMERER, WYOMING & VIA VIDEO CONFERENCE AT AFTON BRANCH OFFICE FILE # 102 CUP 23 APPLICANTS: E-Cubed Industries, LLC PROJECT NAME: E-Cubed Industries Limited Gravel Mining Operation COMMUNITY PLAN AREA: Opal ZONING: Rural PLANNER: Robert C. Davis PIN: 2016-032-00-011 ______________________________________________________________________________ PROPOSAL: A Conditional Use Permit Application for the establishment of a 15-acre gravel pit operation in the Rural zone. LOCATION: 1 mile southeast of the City of Kemmerer, Wyoming, Section 2 Lots 1-4, T20N R116W. ATTACHMENTS: 1. Location/Vicinity Map 2. Landfill Boundary Map 3. Application and Supplemental Narrative 4. Reclamation Plan 5. Dust Control Plan 6. Weed and Pest and Storm Water Pollution Prevention Plan Narrative 7. Memorandum of Understanding 8. Letter from Wyoming Game and Fish Department 9. Planning and Zoning Commission Final Determination BACKGROUND: The proposed gravel pit will be situated approximately 2/3rds of a mile south of the Kemmerer Landfill site. Access to the land is through County Road 345 which also leads to the landfill. Land uses approximately 1,400 feet southwest of the site include a cottage and agricultural buildings on two lots totaling nine (9) acres. When the mine is in operation, crushing and processing will occur during the summer months for a period of 1 to 2 months. Loading and hauling operations are expected to occur between the hours of 7:00 am and 5:00 pm year-round, seven days a week. Approximately 5-30 truckloads will leave the pit each day. The Memorandum of Understanding provides for E-Cubed to obtain permission from the County to construct and perform maintenance on the Access Road and the County proposes to grant this permission. 2 The applicant submitted Weed and Pest and Storm Water Pollution Prevention Plan (SWPPP) narratives as part of the application. The required Weed and Pest certification that rock from the gravel pit does not contain seeds which will promote noxious weeds cannot be effectively investigated at this time because of existing snow cover. The applicant will provide the information to the county as it is presented to WDEQ. The applicant proposes to contact Lincoln County Weed and Pest during the growing season of each year to certify the pit and products sold are weed free, and will develop a weed control plan as needed. About the required SWPPP, there are no major surface water runoff concerns regarding storm water events at the proposed gravel pit. The applicant will provide this information to the county as it is presented to WDEQ. 3 PLANNING AND ZONING COMMISSION RECOMMENDATION: Planning & Zoning Commission recommends APPROVAL to the Board of County Commissioners for File #103 CUP 23, a proposal to establish limited gravel pit operations, with the attached staff findings and conditions (Findings of Approval A through G and Conditions of Approval 1 through 9): FINDINGS OF APPROVAL: A. County approval of the project is consistent with the provisions of W.S. 18-5-201 authorizing the Board of County Commissioners to regulate the use of lands in the unincorporated area of the county. B. The proposal is not 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 proposal is consistent with the provisions of Lincoln County Comprehensive Plan Section III. Economic Development Goals: a. Promote and assist in the development of commercial, recreational and industrial activities. b. Promote the exploration and development of mineral and alternative energy sources in Lincoln County. D. The proposal is substantially consistent with the Lincoln County Land Use Regulations Section 6.8 (F) (l) (a.) Land Use Siting Criteria and Standards for Limited Gravel Mining: F. Gravel Pits 1. Siting Criteria a. Limited Gravel Mining a. Gravel Pits not exceeding 15 acres gravel quarry exemption form the DEQ. b. The affected lands shall not be within three hundred (300) feet of any existing occupied dwelling, home, public building, school, church, community or institutional building, park or cemetery unless the landowners' written consent has been obtained. c. An operator will not be allowed to conduct more than one Limited Mining Operation within any six-mile radius when the two operations are to mine the same mineral under W.S. 35-11-401 (3)(vi) (See Appendix Q) and Chapter 10 of the Wyoming Land Quality Non-coal Rules and Regulations (See Appendix R) d. Cannot conduct nearby operations of fifteen acres or less to circumvent the General Requirements of the Fifteen Acre Exemption under W.S. 35- 11-401(e)(vi) (See Appendix Q) e. Additional Criteria for Rural Zone: 4 a. Land use not allowed adjoining to an existing residential subdivision unless the mining operation was permitted prior to a subdivision plat being filed. E. The proposal is consistent with the procedures of Lincoln County Land Use Regulations Chapter 3 Conditional Uses, Variance and Mapping Procedures. F. The proposal, with conditions, will not substantially impair the appropriate use of the neighboring property and will serve the public need, convenience and welfare. Project approval does not preclude reasonable development of adjacent properties. Aggregate products do serve the public need, convenience and welfare. G. The proposal, with conditions, is designed to be compatible with adjacent land uses and the area of its location. CONDITIONS OF APPROVAL: 1. This permit is to operate the uses outlined in the project description. Significant alterations from the uses described in the application shall require additional permitting. 2. The Applicant shall submit a Storm Water Pollution Prevention Plan when completed and forwarded to the WDEQ. 3. Copies of applicable permits received from the Wyoming Department of Environmental Quality shall be submitted to the Lincoln County Office of Planning and Development including: a. WDEQ Air Quality Division (AQD) construction permit or a permit waiver. b. WDEQ Water Quality Division authorization. 4. Lincoln County Weed & Pest shall annually certify the gravel pit is weed free and does not contain seeds which will promote noxious weeds. 5. Applicant will maintain 300 feet of separation from any existing home, unless home owner(s) give written permission (copy to be submitted to the County). The distance will be measured from the project boundary of the gravel pit to the existing home(s). 6. Access permits shall be obtained from Wyoming Department of Transportation if necessary. 7. Dust abatement on the Access Road will be completed a minimum of once per season, or as needed during use of the pit. 8. Crushing operation will only be allowed from 7:00 am to 5:00 pm, Monday through Friday. 9. Loading and hauling operations are expected to occur between the hours of 7:00 am and 5:00 pm year-round, seven days a week. £¤30 Diamondville Kemmerer 31 32 30 33 29 28 11 02 1009 12 0405 08 03 01 35 2526 36 21N 115W 20N 116W 21N 116W ³±345£¤3 0 £¤30 AGGIE GRAZING LLC BLM PACIFIC POWERAND LIGHT BLM HAGGE, REGG& DANIELLE POPE,ROBERT L ETAL ROBINSON, HOLLY STATE OFWYOMING STATE OF WYOMING LINCOLN COUNTY BLM Kemmerer #2 Landfill Kemmerer #1 Landfill (Closed) Proposed Ac c e s s R o a d Maxar Conditional Use Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing 102 CUP 23 Gravel Pit E-Cubed Industries, LLC c/o Keith Hughes Prepared using available data by Destry Dearden, on 27 Jan. 2023. Map is for informational purposes only and in no way represents an official survey of land. Hughes Enterprises, inc. (dba E-Cubed Industries, LLC) Keith Hughes 65 Buffalo Jump Road Big Piney, WY 83113 keith@hughesenterprisesinc.com (307) 360-9014 Lincoln County Office of Planning and Development Robert C. Davis, AICP (Director) Physical: 601 E 5th Ave. Mailing: 421 Jefferson St. Ste 701 Afton, WY 83110 Robert.davis@lcwy.org (307) 885-4725 Dear Robert, This is a supplemental narrative to the one previous sent for E-Cubed Industries, LLC. As a reminder, we are applying for a conditional use permit on a piece of property close to the landfill in Kemmerer to use as a gravel pit. The proposed area will be 15 acres in size. Rio Verde Engineering is putting together a vicinity map to supplement the map sent over previously to you by Amy Butler, and I will get you the map as soon as I have it. E-Cubed Industries, LLC is a dba of Hughes Enterprises, inc. out of Big Piney, Wyoming. We have recently purchased an industrial shop and acreage in Kemmerer to operate out of. In past years, we have worked for numerous companies in the area, including doing the site work for the Lincoln County Maintenance building and crushing gravel for Lincoln County. We currently employ 15-20 people, and our operation consists of excavation, environmental reclamation/remediation, and energy services. As part of the excavation, we produce sand and gravel and operate 4 gravel pits located near Pinedale, Big Piney, LaBarge, and Granger. We haul many aggregate products to the Kemmerer area, and historically there have not been many gravel pits near Kemmerer. We have looked for a viable source for the last 8-10 years, and we have found a source that will provide good pit run and road base products. The source that we have located is adjacent to a pit that the State of Wyoming used to build the old highway 30. There are 15 acres of ground that will provide a source of gravel for an estimated 6-10 years. The land is owned by Aggie Grazing, LLC, and we have their support and approval to move forward. The area that was mined by the state was left a bit rough, and we have offered to clean up and reclaim that area as part of crushing in this area. The location is approximately 1.5 miles south of the landfill on top of the mountain, where it will not be visible from highway 30 or surrounding areas. The access to the land is already a county road, which leads to the landfill. There is safe access to Highway 30 as a result of the landfill access. There are no subdivisions or housing developments close to the proposed gravel pit. The closest development is a single residence to the southwest at the bottom of the hill out of sight of the pit. The next closest operation is the Landfill. The are no riparian zones or open water ways near the pit. During the digs to sample the soil at the site, there was no groundwater encountered. The site has an estimated 8-12” of topsoil that would be saved for reclamation. There is very little overburden under the topsoil, and the rocky pit run is 8 to 10 feet deep. As the gravel pit is open, topsoil will be stripped and stockpiled. No topsoil will leave the site. Five (5) acres will be stripped in the beginning, and as the next 5 acres are stripped, the topsoil will be placed on the previously mined area as feasible and the area reclaimed. When the mine is in operation, crushing and processing will occur during the summer months for a period of 1 to 2 months. The crusher will only be present for the short time needed each season to stockpile material. Minimal dust is created while crushing, as we use a dust suppression system to keep the dust to a minimum. There will be no campers or temporary housing set up while crushing. For the rest of the year, there will be a loader on site to load trucks. The loader will have a scale, and there will be no scales or buildings built on site. Minor repairs to the loader will be made on site, but any major repairs will occur offsite. There may be a dozer or excavator onsite periodically to stockpile pit run for loading. Loads from the pit will be transported out in belly dumps, side dumps, or end dumps. Dirt roads that are travelled on by the trucks will be graded and have dust suppression applied each spring to keep dust from trucks to a minimum. It is hard to estimate how many loads will leave the pit each day, but I would guess between 5-30. Pit hours will be from 7:00 am to 5:00 pm Monday through Friday. Trucks will not be parked at the pit overnight. The only equipment left at the pit overnight will be the loader, dozer, and/or excavator. The pits are usually dormant during the winter. Fuel may be stored on site in a self-contained tank with enough retention to collect the fuel if the tank were to fail. Only fuel for the off-road equipment will be stored on site. No other chemicals or supplies will be stored on site. The pit will be fenced and gated, and the gates will be locked when the pit is not open for business. There will be signs as required by the Wyoming DEQ at the entrance of the pit. The signs will identify the operator of the pit, legal location, pit number, and a contact person. There will also be a sign specifying the safety rules for the pit. The pit will be in compliance with state and federal MSHA regulations at all times. There will be no night time lights left on at the pit. The Lincoln County Weed and Pest will advise on weed management each year, and they will certify our gravel as weed free on an annual basis This gravel pit will provide income to the State of Wyoming and Lincoln County from every ton of gravel that is sold. Lincoln County will benefit by the sales tax revenue generated, along with property tax for every ton that is sold. The gravel pit will also benefit the community surrounding Kemmerer by providing a needed resource. We will be hiring local help to operate equipment, drive truck, and to help manage the office out of Kemmerer. I would estimate that our operation will hire 8 to 10 local persons if they are available. Thank you for considering this conditional use permit. We would like to be up and running by the spring of 2023, and this is a project we have been working on for several years. I know that there was a delay in the Planning and Zoning for Lincoln County for several months, and we are excited to be able to begin moving forward at this point. Thank You, Keith Hughes Developed 1/31/2023 1 E-Cubed Industries, LLC 1/31/2023 Keith Hughes (307) 360-9014 Proposed Aggie Grazing Pit (ET Permit) Reclamation Plan 1. Post Mining Land Use a. The post-mining land use will be the same as pre-mining land use, which was for grazing. b. Final grade of reclamation will be determined in order to benefit the landowner for grazing, and the landowners will be involved in approving final reclamation grades. c. The final depth of the pit will vary depending on existing ground elevations. The depth of the pit will follow the existing gravel seam, and will typically be no deeper than 14 feet. 2. Description of surface re-contouring and topsoil placement a. E-Cubed Industries, LLC will establish post mining slopes and configurations that are stable. Final sloped areas will be no steeper than a 3 to 1 slope, and the reclaimed slopes will tie into undisturbed native lands with as little change in slope gradient as possible. b. The area will be graded and sloped to allow for proper drainage to prevent erosion. c. Once the area is properly graded, the area will be ripped and scarified. d. A minimum 6” layer of topsoil will be placed and leveled over the scarified soil. e. As soon as the pit development allows, E-Cubed Industries, LLC will initiate a direct backhaul and placement of excess reject material, overburden and topsoil onto areas to be reclaimed. f. The placement of topsoil, overburden, and reject material will be accomplished using a combination of loaders, road graders, dozers, scrapers, and trucks. Areas will be reclaimed as soon as feasible depending upon mine progression. g. Excavated side slopes along the pit boundaries will be no steeper than 3:1. Developed 1/31/2023 2 h. All roads within the permit area and access area to be reclaimed will be ripped prior to topsoil placement to relieve compaction. 3. Description of seeding, vegetation, and weed control practices a. The expected schedule of reclamation and seeding will be addressed in each annual report b. Seedbed preparation will take place as soon as a section of the pit has been reclaimed. The actual date for permanent reclamation will depend on regional market sales and the relative rate of mining. c. E-Cubed Industries, LLC will use standard farming equipment to seed the site. Seeding will occur during the first seeding period after preparation is completed (Prior to June 15 or after September 15). d. The suggested seed mixture to be used, including application rate, is included as item “h” of this section. As an alternative to the suggested seed mix, the landowner may dictate the type of seed that is planted for reclamation. This may include a seeding progression of annuals such as barley, oats, or triticale for a number of years before permanent pasture of the landowner’s choosing is planted. All seed planted for reclamation will be certified as weed free seed. e. Mulch used will be a living mulch such as triticale, barley, or oats, which are annuals that will not come back the following year. This will provide a root base that will assist in erosion control and propagation of perennial grasses. f. Newly seeded areas will be protected initially from grazing. The landowner may also choose to conduct limited grazing in the fall and winter. The newly seeded areas will be fenced off so that continual grazing will not take place. g. The Lincoln County Weed and Pest will monitor the gravel pit annually for noxious weeds, and they will recommend a prevention program to keep the pit area and newly reclaimed areas free of noxious weeds. Developed 1/31/2023 3 h. Seed Type Lbs/Acre Bottlebrush Squirreltail 2 Indian Ricegrass 3 Sandberg Bluegrass 0.4 Thickspike Wheatgrass 2.8 Lewis Flax 0.4 Scarlet Globemallow 0.2 Winterfat (fluffy) 0.6 Gardner’s Saltbrush 0.1 Triticale Quickguard 20 Total Lbs/Acre 29.5 4. Projected timetable for completion of the Reclamation Plan a. Operations at the pit are estimated to be completed by 2030, and final reclamation and seeding will be completed by the fall of 2030. b. Reclamation will be ongoing and will commence as soon as areas are open that can be reclaimed. i. Reclamation that is ongoing will be reflected on the Annual Report. ii. Reclaiming all acreage except that of the active mining area will be of high importance. E-Cubed Industries, LLC 1/31/2023 Keith Hughes (307) 360-9014 Proposed Aggie Grazing Pit (ET Permit) Dust Control Plan Roadways: -Access roads will be shaped and graded annually in the spring of the year. -After shaping and grading has occurred, dust control chemicals (MgCl) will be applied at a rate to keep dust from traffic to a minimum throughout the season. One application in the spring of each year will be sufficient to control dust throughout the year. Gravel Pit: -If dusty conditions occur, use water to control dust. 1. Tanker for whole site dust control (water to be used will be purchased from the City of Kemmerer) 2. Spray systems on screens and crushers to be implemented in severe dust. 3. Shut Down all operations when dust can’t be controlled. -Always operate equipment with doors and windows closed. 1. Clean and change cab filters regularly 2. Keep windows clean 3. Maintain climate control in equipment -If operating equipment with windows open, or if operating crusher on the ground, a dust mask must be worn in dusty conditions. -Always attempt to position equipment so that prevailing winds blow dust away from work stations. -Stockpiles will be watered to develop a crust over the pile to prevent dust from blowing off of the stockpiles. E-Cubed Industries, LLC Keith Hughes 65 Buffalo Jump Road Big Piney, WY 83113 (307) 360-9014 keith@hughesenterprisesinc.com Lincoln County Office of Planning and Development Robert C. Davis, AICP, SMP-Planning Director 421 Jefferson St., Ste. 701 Afton, WY 83110 (307) 885-4725 Robert, Concerning control of noxious weeds and SWPPS planning at the Aggie Grazing Kemmerer gravel pit, please see the following: 1. E-Cubed Industries commitment to prevent the spread of designated and prohibited noxious weeds: a. The following practices will be used to prevent the spread and/or serious infestations of designated and prohibited noxious weeds with the permit area: i. Minimize disturbances in the mining areas until the mining is to occur. ii. After topsoil is stripped and stockpiles, broadcast quick growing grasses on topsoil stockpiles to minimize weed infestations. iii. Spray, pull, or remove by other methods noxious weeds to eliminate the spread of the weeds. iv. Inspect equipment prior to entry onto mining site. v. Reclaim areas as quickly as possible to get the acreage into permanent pasture. vi. Contact Lincoln County Weed and Pest during the growing season of each year to certify the pit and products sold weed free, and to develop a weed control plan as needed. 2. Description of drainage/surface water control structures and measures to implement the DEQ/WQD Storm Water Pollution Prevention Plan (SWPPP) a. There are no major surface water runoff concerns regarding storm water events at the Aggie Grazing Kemmerer Pit. i. Berms will be built on the downstream side of the pit area to prevent runoff from leaving the pit area. ii. As the area is mined, it will create a depression that will keep storm water in the pit rather than allowing the water to run off of the hill side. The water will be absorbed into the area slowly as a result. b. Regarding the access road, BMP’s will be maintained or installed on the existing roadway to eliminate or reduce water damage from storm events and run off. c. The mined area will be seeded to encourage the growth of vegetation as soon as possible after mining. This will also assist in prevent runoff that will cause erosion. MEMORANDUM OF UNDERSTANDNG BETWEEN LNCOLN COUNTY AND E-CUBED INDUSTRIES, LLC FOR MANTENANCE OF A COUNTY ACCESS ROAD This Memorandum of Understanding ("MOU") is entered into this day of March, 2023 ("Effective Date"), by and between E-Cubed Industries, LLC (hereinafter referred to as "E-Cubed") and the Board of County Commissioners, for and on behalf of Lincoln County, a political subdivision (hereinafter referred to as "County"). 1. Purpose of Agreement. The County has established an access road across county property (the "Access Road") which is depicted on Exhibit A attached hereto and incorporated herein by reference. County does not intend at this time to construct or perform maintenance on the Access Road, but E-Cubed desires to use the Access Road to access Aggie Grazing property to operate a gravel pit. As such, E-Cubed desires to obtain permission from County to construct and perform maintenance on the Access Road and County desires to grant such permission. E-Cubed and County therefore deem it beneficial to enter into this MOU to address the responsibilities of the respective parties concerning the construction and maintenance of the Access Road. The parties do not intend to limit County’s access or use of the Access Road, so long as the access and use does not interfere with E-Cubed’s use. 2. Term. The term of this MOU shall be one (1) year from the Effective Date subject to the termination provisions of this agreement. Unless action is taken by either party to terminate this MOU, the agreement shall automatically renew for one (l) year terms on the expiration of each term. 3. Responsibilities of Lincoln County: A. County will not be required to provide any construction or maintenance, including but not limited to plowing snow, on the Access Road. However, Lincoln County hereby grants permission to E-Cubed, its agents, employees, contractors, successors and assigns to construct and perform maintenance on the Access Road at E-Cubed's. Lincoln County also hereby grants E-Cubed the perpetual right to use the Access Road for transportation and hauling purposes for so long as the County possesses the Access Road designation on the road; provided that the County shall not willfully release its rights will not vacate the access for as long as E-Cubed or its successors or assigns continue to use and maintain the Access Road. 4. Responsibilities of E-Cubed: A. E-Cubed shall exercise caution in performing the construction and maintenance, including snow removal, to not cause any damage to the Access Road, reasonable wear and tear excepted. E-Cubed shall notify County of any damage caused by E-Cubed, its agents, employees, contractors or assigns and shall be responsible to repair any such damage at E-Cubed's cost. The repairs to the Access Road shall restore the road to the condition prior to the damage and shall be completed to the reasonable satisfaction of the County Road & Bridge Foreman. All repairs shall be made by E-Cubed within a reasonable amount of time as conditions allow. In the event that such repairs are not made in a reasonable time period and E-Cubed fails to complete the repairs within 10 days following receipt of written demand from the County, the County reserves the option to make the repairs to the Access Road and E-Cubed agrees to compensate the County for any reasonable expenses incurred as a result of its repairing or reconstructing damages to the Access Road. Notwithstanding anything herein to the contrary, E-Cubed shall not be responsible for the repair or the cost of repair of damages caused by wear and tear or caused by third parties. B. Dust abatement on the Access Road will be completed a minimum of once per season, or as needed during use of the pit operations C. Signage shall be installed on County Road 345 in regards to Heavy Truck Traffic Entering CR 345 during operations. D. E- Cubed's maintenance shall not block or restrict access by the public to the Access Road beyond what is reasonably necessary or prudent to safely perform the maintenance. E. E-Cubed will construct and maintain the Access Road in a condition suitable for its purposes, as determined by E-Cubed in its sole discretion. E-Cubed does not take on any obligation to construct or maintain the Access Road in a condition suitable for use by others. While E-Cubed's construction and maintenance of the Access Road might result in the road being suitable for use by others, E-Cubed makes no representations or warranties that its maintenance will have such results. 5. General Terms and Conditions: A. Modification to Agreement: The parties may, from time to time, request changes to provisions in this MOU. Any such changes shall only become binding upon the mutual agreement of the parties hereto reflected by a written amendment signed by each of the parties hereto. B. Governing Law: This MOU has been executed by the parties hereto and shall be governed by the laws of the State of Wyoming. C. Sovereign Immunity: By entering into this MOU the County does not waive its governmental or sovereign immunity pursuant to Wyoming Statues Ann. 1-39-104, and the County fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU. D. Effective Date of Agreement: This MOU shall become effective on the Effective Date. E. Termination of Agreement: This MOU may be terminated, without cause, by either party upon thirty (30) days written notice, which notice shall be delivered by hand or certified mail F. Notice: All notice required to be provided in this MOU shall be satisfied by mailing the notice to the address for each party as listed below: Lincoln County E-Cubed Industries, LLC Board of County Commissioners Keith Hughes 925 Sage Avenue, Suite 301 65 Buffalo Jump Road Kemmerer, WY 83101 Big Piney, WY 83113 G. Third Party Beneficiary: The parties do not intend to create in any other individual or entity the status of third-party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. H. Counterparts: This MOU may be executed in two or more original or electronic counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. I. Entire Agreement: This MOU is the final, complete and exclusive statement of the agreement among the parties with relation to the subject matter herein. There are no other oral representations, understandings or agreements. J. Excused Performance: Neither party hereto shall be liable for its failure to perform or delay in its performance hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, inability to access a container, fires, inclement weather and acts of God, and such failure shall not constitute a breach under this MOU. [Signature Page Follows] APPROVALS AND SIGNATURES _________________________________ _______________ Jerry W. Hansen, Chairman Date Lincoln County Board of Commissioners _________________________________ Attest: April Brunski County Clerk ________________________________ ___________________ Keith Hughes Date Owner of E-Cubed Industries, LLC £¤30 Diamondville Kemmerer 31 32 30 33 29 28 11 02 1009 12 0405 08 03 01 35 2526 36 21N 115W 20N 116W 21N 116W ³±345£¤3 0 £¤30 AGGIE GRAZING LLC BLM PACIFIC POWERAND LIGHT BLM HAGGE, REGG& DANIELLE POPE,ROBERT L ETAL ROBINSON, HOLLY STATE OFWYOMING STATE OF WYOMING LINCOLN COUNTY BLM Kemmerer #2 Landfill Kemmerer #1 Landfill (Closed) Proposed Ac c e s s R o a d Maxar Exhibit A Proposed Access Road US Highways County Roads Other Named Roads Kemmerer Landfill Projects Public Noticing Parcels Municipalities 102 CUP 23 Gravel Pit E-Cubed Industries, LLC c/o Keith Hughes Prepared using available data by Destry Dearden, on 27 Jan. 2023. Map is for informational purposes only and in no way represents an official survey of land. February 9, 2023 WYOMING GAME AND FISH DEPARTMENT 5400 Bishop Blvd. Cheyenne, WY 82006 Phone: (307) 777-4600 Fax: (307) 777-4699 wgfd.wyo.gov GOVERNOR MARK GORDON DIRECTOR BRIAN R. NESVIK COMMISSIONERS KENNETH D. ROBERTS – President RALPH BROKAW – Vice President GAY LYNN BYRD PETER J. DUBE MARK JOLOVICH RICHARD LADWIG ASHLEE LUNDVALL WER 14988.00 Hughes Enterprises Inc. E-Cubed Industries LLC Aggie Grazing Pit Limited Mining Operation Lincoln County Sarah Meisner Hughes Enterprises Inc. 13 Sleepy Hollow Drive Big Piney, WY 83113 sarah@hughesenterprisesinc.com Dear Ms. Meisner, The staff of the Wyoming Game and Fish Department (Department) has reviewed the proposed Aggie Grazing Pit Limited Mining Operation (LMO) located in T20N, R116W, Section 3. The Department is statutorily charged with managing and protecting all Wyoming wildlife (W.S. 23- 1-103). Pursuant to our mission, we offer the following comments for your consideration. The Department only provides input on compliance with Wyoming’s Sage Grouse Executive Order 2019-3 and the Migration Corridor Executive Order 2020-1 when reviewing proposed LMOs. The proposed project is not within a sage-grouse core area or within 2 miles of a non-core area occupied lek. The proposed project is also not within a mule deer migration corridor. As such, the proposed project is not subject to compliance with either Executive Order. Thank you for the opportunity to comment. If you have any questions or concerns please contact Ross Crandall, Habitat Protection Biologist, at (307) 367-5615. Sincerely, Will Schultz Habitat Protection Supervisor Sarah Meisner February 9, 2023 Page 2 of 2 – WER 14988.00 WS/rc/ct cc: U.S. Fish and Wildlife Service Jeff Short, Wyoming Game and Fish Department Sean Yancey, Wyoming Game and Fish Department Chris Wichmann, Wyoming Department of Agriculture Office of Planning and Development Lincoln County, Wyoming www.lincolncountywy.gov Kemmerer Office Afton Office 925 Sage Avenue Suite 201 601 E 5th Avenue Kemmerer, WY 83101 Mail: 421 Jefferson St, Ste 701 307-877-9056 Afton, WY 83110 fax 307-877-6439 307-885-3106 Tentative Planning & Zoning Commission Meeting HEARING DATE: February 15, 2023 TIME: 6:00 p.m. LOCATIONS: Video Conference between the following locations: Lincoln County Courthouse, Commissioner Boardroom, 925 Sage Avenue 3rd Floor, Kemmerer, WY & Afton Planning & Engineering Office, Conference Room, 61 East 5th Avenue, Afton, WY (The Project is tentatively scheduled for the County Commissioners Meeting, which will be held in the Commissioners Board Room, on March 8, 2023 at 10:00 a.m. in Kemmerer WY.) All interested citizens are invited to attend the public hearing and to provide input. Those planning on attending should call the day before to see if the meeting is still scheduled as noted above or if changes have taken place. APPLICANTS: E-Cubed Industries, LLC FILE No: 102 CUP 23 COMMUNITY PLAN AREA: Opal PROJECT NAME: E-Cubed Industries Limited Gravel Mining Operation COUNTY STAFF: Robert C. Davis PIN # 2016-032-00-011 PROJECT: A Conditional Use Permit Application 102-CUP-23 for the establishment of a gravel mining operation. See Attached Information LOCATION: 1 mile southeast of the City of Kemmerer, Wyoming. Section 3, T20N R116W. THIS APPLICATION WILL BE REVIEWED ACCORDING TO STANDARDS AND PROCEDURES OF THE LINCOLN COUNTY LAND USE REGULATIONS (see website at www.lincolncountywy.gov). Enclosed is a copy of the location map/site plan. Please respond with your written, faxed, or email (planning@lincolncountywy.gov) comments by February 6, 2023 no later than 5:00 pm in order to be included in the planning staff report. Please note that only landowners within 300 feet of the proposed site are notified individually. The Staff Report for this project will be available on February 8, 2023 at 5:00 p.m. for your perusal on the Planning website address: http://weblink.lcwy.org/WebLink8/Browse.aspx?dbid=0 Projects for Planning, and then click on the corresponding File Number noted above. Name Agency Address City, State, Zip Emails Phone NoticeBoard of County Commissioners BCC commission@lcwy.org Always email Board of Planning & Zoning Commissioners Planning and Zoning Committee planzonecommission@lcwy.org When going to PZC Amy Butler County Engineer 925 Sage Avenue Suite 201 Kemmerer, WY 83101 abutler@lcwy.org 307-877-2104 Always email Jay Hokanson Emergency Management 421 Jefferson Suite 416 Afton, WY 83110 jhokanson@lcwy.org 307-885-4925 Always email Rollin Gardner, Chairman Star Valley Conservation District P.O. Box 216 Afton, WY 83110 knield@starvalleycd.org; trish@starvalleycd.org 307-8857823 Notify if North Superintendent- Matt Erickson Lincoln County School Dist. #2 222 E. 4th Avenue Afton, WY 83110 merickson@lcsd2.org 307-885-7100 Notify for NorthMark Baron Department of Environmental Quality 510 Meadowview Dr.Lander, WY 82520 mark.baron@wyo.gov 307-332-3144 Groundwater Division Markus Malessa Herschler Bldg. 4th Floor East Cheyenne, WY 82002 markus.malessa@wyo.gov 307-777-6166 District Engineer Torey Thomas Wyoming Transportation Department 3200 Elk Rock Springs, WY 82901 peter.stinchcomb@wyo.gov 307-352-3033? Groundwater Division Markus Malessa State Engineer's Office Herschler Bldg. 4th Floor East Cheyenne, WY 82002 markus.malessa@wyo.gov 307-777-6166 Alan Adams & Steven Greenwell State Fire Marshal's Office 140 Commerce Drive #C Green River, WY 82935 alan.adams@wyo.gov; steven.greenwell@wyo.gov Alan - 307-389-2376 Steven: 307-871-0035Brandon Gebhart Wyoming Water Development Office 6920 Yellowtail RD Cheyenne, WY 82002 brandon.gebhart1@wyo.gov 307-777-7613 Surveyor Scherbel, Ltd Surveyor Scherbel P.O. Box 725 Afton, WY 83110 jamiessltd@gmail.com; marlowescherbel@gmail.com 307-885-9319 Lloyd Baker Associates, LLC Scott White P.O. Box 1047 Thayne, WY 83127 lloydbb@silverstar.com Angel Leavitt Lower Valley Power & Light P.O. Box 188 Afton, WY 83110 aleavitt@lvenergy.com 307-885-6109 Notify for North Chris Blayne, Christy Jenkins, Scott Schwab Silver Star Communications P.O. Box 226 Freedom, WY 83120 cblayne@silverstar.net; cjenkins@silverstar.net; sschwab@silverstar.net 208-354-6710 Notify for North (email) Fire Chief Thayne Fire District P.O. Box 406 Thayne, WY 83127 westhillsexcavation@gmail.com Mayor - Bill Theck Brian Muir - Admin City of Kemmerer 220 WYO. HWY 233 Kemmerer, WY 83101 Bthek@kemmerer.org; bmuir@kemmerer.org 307-877-3442 Fire Chief Kemmerer Fire Department P.O. Box 188 Kemmerer, WY 83101 Mayor Town of Diamondville P.O. Box 281 Diamondville, WY 83116 tclerk@diamondvillewyo.com Fire Chief Kemmerer Fire Department P.O. Box 188 Kemmerer, WY 83101 877-3442 E-Cube Gravel Pit Agency Contact List