HomeMy WebLinkAbout112-MA-23 Valley Springs IIIPreliminary PlatAPPLICANTS:Aspen Valley Springs,LLC
PROJECT NAME:Valley Springs III Subdivision
COMMUNITY PLAN AREA:Thayne
ZONING:Rural
SURVEYOR:Surveyor Scherbel,Ltd.
PLANNER:Emmett Mavy
PIN:3419-114-00-143
_____________________________________________________________________________________
PLANNING &ZONING COMMISSION RECOMMENDATION:
At the May 24,2023 meeting,the Planning and Zoning Commission sent a recommendation of
APPROVAL to the Board of County Commissioners for File #112-MA-23 a Major Subdivision
Preliminary Plat,with:
●Findings of Approval A thru C.
●Conditions of Approval 1 thru 10.
●A Recommendation for the Board Chairman to sign the Development Agreement.
PROPOSAL #112-MA-23:
A Major Subdivision Preliminary Plat application proposal to subdivide 9.93+/-acres into two (2)
residential lots with an average lot size of 4.97 +/-acres,in the Rural Zone.
LOCATION:0.70 miles north of the Town of Thayne,Wyoming in Section 11,Township 34 North,
Range 119 West.PIN:3419-114-00-143
BACKGROUND
A Minor Subdivision Final Plat proposal to subdivide 15.07 +/-acres into three (3)residential lots i.e.,
Lots 3,4 and 5 and a Utility Tract (File #209 MS 22)was approved by the Board of County
Commissioners on January 4,2023.The average lot size of Valley Springs II is 5.02 +/-acres in the
Rural Zone.The lots will share a private subdivision road (Valley Springs Way)off of CR 407 north of
Thayne.Each lot will have individual wells and individual engineered septic systems.
The proposed Valley Springs Way has completed construction of a 26-foot travel lane from Lot 1 of
the Valley Springs Subdivision to the western edge of Lot 4 and a 20-foot travel lane from the
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Preliminary PlatwesternedgeofLot4toCountyRoad407.The new road also completed a 20-foot travelway
engineered bridge crossing the Eastside Canal.Further east are two five (5)acre residential lots as
part of the Valley Springs Subdivision (414 SS 22)approved in July 2022.See Exhibit A of Staff
Report.Please note that the site identified as 112-MA-23 in Exhibit A are the lots being proposed
to be subdivided in File #112-MA-23.
The PZC was initially concerned about this piecemeal approach to developing the overall subdivision.
Staff has since been working with developers to submit a master plan or a full subdivision plan when the
intention is to ultimately develop the larger parcel.By approving a Preliminary Plat of the entire
subdivision,the developer is now able to move more efficiently by final platting each phase when desired.
_____________________________________________________________________________________
EXHIBITS:
1.Preliminary Plat
2.Vicinity Map
3.Draft Development Agreement
4.Correspondence
5.Plat of Star Valley Springs I &II
6.Exhibit A
____________________________________________________________________________________
ANALYSIS:
Compatibility with Neighboring Properties:The Valley Springs III is neighbored by residential uses
and agricultural lands.Planning staff do not see these uses as incompatible with each other.There are
hundreds of examples of residential subdivisions directly adjacent to agricultural use land and we are not
aware of any lands that have become substantially impaired by this proximity.
Buffering:The county imposes a 25’agriculture setback on lots that share a boundary with agriculture
taxed properties.This buffer prevents buildings being placed within this setback and is designed to
transition between residential and ag lands.
Water:The developer completed a state required Chapter 23 wastewater study and Wyoming Department
of Environmental Quality provided a non-Adverse letter for the lots to have individual wells.
Sewer:The developer completed a state required Chapter 23 wastewater study and Wyoming Department
of Environmental Quality provided a non-Adverse letter for the lots and required them to have individual
onsite enhanced-engineered septic systems.
Density &Zoning:This property falls into the Rural Use zoning and therefore allows for five (5)acre
average lot sizes for the subdivision.This density within rural zoning is considered as compatible and
orderly development within Lincoln County.
Public Need /Convenience :The public has a need for smaller lots because they allow for a more
affordable housing option compared to large tracts of land.The convenience of this location and its access
to US HWY 89 allows for easy access for residents to access the community.
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Preliminary PlatTraffic:All traffic flows out of this subdivision to the west and should not impact property owners to the
north,south or east.
Public Welfare:The welfare of the community is considered in all developments.Safe drinking water,
safe sewer systems,safe roads and fire access,are just a few of the considerations the County reviews
when creating responsible development.Development plans are shared with Lincoln County Emergency
Management,conservation district,school district,WDEQ,WYDOT,State Engineer's Office,State Fire
Marshal,Power and Communications companies,and neighboring landowners.
Snow Removal:Roads within the development are required to have 60’easements.This allows for
roadways,utilities,and snow removal.The subdivision is required to have a road maintenance agreement
or HOA to maintain the roads.Snow removal within a lot is the responsibility of the individual lot owner.
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 to each lot prior to the final plat.
ii.Subdivision Roads:
1.20’width travel lane from the County Road 407 through the completed
Looped Road at Lot 4 and Lot 5.
2.26’width travel lane from the end of the Loop Road to the cul-de-sac.
3.70’radius cul-de-sac (120’travel lane)at end of Valley Springs Way
4.Engineered bridge with 20’travelway across the East Side Canal.
iii.Approval of Water Distribution Plan to the State Engineer’s Office;
iv.Survey monumentation;and
v.Development of either,a HOA,CCRs,Road Maintenance Agreement,Special
Improvement District,or Mutual Benefit Corporations that at a minimum:
112-MA-23
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Preliminary Plat1.Provide an entity for ongoing road maintenance including the collection of
road maintenance fees;
2.Provide an entity for ongoing snow removal including the collection of
snow removal fees;
3.Ensure road maintenance and snow removal are maintained indefinitely;
4.The chosen document must be filed at the time of final plat filing,and bind
all current and future owners to the agreement.
4.Prior to Final Plat Application the improvements shall be installed and inspected by County
personnel.
a.Provide for final plat approval upon satisfaction of Development Agreement terms;
b.Developer Agreement shall be signed by all parties and filed with the Lincoln County
Clerk’s Office no later than 30 days after approval of the Preliminary Plat or the
application and approval shall be voided.
5.Each phase of the subdivision will be required to join the Road Maintenance Agreement or HOA.
6.This subdivision will comply with the Wyoming subdivision fencing law W.S.18-5-319 and
18-5-306 that will be in effect at the time of Final Plat.
7.A Plat Warning -No Basements Allowed Due To High Ground Water
8.#8.A Plat Warning -As Stated on the Last Page of the Staff Report from Recommendation by the
Wyoming Department of Environmental Quality Plat Warning
9.Sign Development Agreement As Modified By Staff and Approved by the County Attorney.
10.Revise Development Agreement to read under subdivision roads,fourth bullet point,“County
Standards and approved by County Engineer.”
CORRESPONDENCE:
Lincoln County Weed &Pest:Lincoln County Weed &Pest are working with this developer to
implement a Noxious Weed control program.The development agreement requires the developer to create
a Weed Control Plan developed in conjunction with Lincoln County Weed &Pest.See attached letter.
Star Valley Conservation District:Due to high ground water levels in this section,SVCD recommends
soil cuts to determine groundwater levels.We recommend an enhanced septic system and shallow to 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.
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Preliminary PlatStateEngineer's Office:The SEO found water rights on the property and the developer will need to
address these water rights for the subdivision prior to final plat.See attached letter.
Etna Irrigation District:The newly constructed bridge,located at the Valley Springs Subdivision,
Thayne,WY 83127,was designed by Sunrise Engineering to Lincoln County requirements.Construction
method is satisfactory and canal company approves of the design and bridge.
Wyoming Department of Environmental Quality:Mark Baron returned a non-Adverse Letter for the
Chapter 23 Water and Sewer Study and WDEQ is requiring an enhanced-engineered wastewater system
on these lots.Wyoming Department of Environmental Quality is requiring the PLAT WARNING to
READ:
In order to meet requirements established in Wyoming Water Quality Rules,Chapter 23,Section
7(d)(viii)(A)(I and II)and Chapter 23,Section 7 (d)(viii)(B)individual septic systems for the Valley
Springs III are required to be enhanced treatment systems per Chapter 23,Section 7 (d)(viii)(C)(I and II).
These enhanced treatment systems must have advanced nitrogen removal technology that is capable of
achieving an effluent Total Kjeldahl Nitrogen concentration of less than 25 mg/L (maximum 30 day
average)and advanced fecal removal technology that is capable of achieving an effluent Fecal Coliform
count of less than 800 colonies/100 mL (maximum 30 day geometric mean).
For all lots within the Valley Springs III it is the Individual lot/home owner's responsibility to obtain a
Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality for the
construction and/or modification of an enhanced treatment septic system.A Wyoming Registered
Professional Engineer must design the enhanced treatment septic system per WOR Chapter 23,Section
7(d)(viii)(E).A Permit to Construct Application for enhanced treatment septic systems must be submitted
to the Southwest District Engineer in Lander.For the proposed Advanced Enviro-Septic enhanced
treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally
high groundwater.
112-MA-23
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Thayne
11
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34N 119WHidden DriveHidden Lane
Summit Way
Valley Springs Road
BROADBENT,VAUGHN K & SUSAN
C TRUSTEES
BROADBENT,
VAUGHN K & SUSAN
C TRUSTEES
BROADBENT,
VAUGHN K & SUSANC TRUSTEES
ASPEN VALLEYSPRINGS, LLC
SIMPSON,
ESTHER
CHAPPLE,
CERI M
HEAP, JED
& LANITA
HILL, DON M
& MARY ANN
JACOBS, ANDREW B
PUTNAM,
ELIZEBETH
& KEDRIC
FLEMMA,ANTHONY
M ETALSHERWOOD,
JOHN M & IMELDAB AROSTICO
MOUNTAINMEADOWS
2, LLC
SIMPSON,DOYLE J
ASPEN VALLEYSPRINGS, LLC
CROZES, GIL
F TRUSTEE
ASPEN
VALLEYSPRINGS, LLC
ASPEN VALLEY
SPRINGS,
LLC
CROZES, GIL
F TRUSTEEASPEN VALLEY
SPRINGS, LLC
LARA, DARREN
& KIMBERLIE
Maxar, Microsoft
Major Subdivision Application
Roads
Road_Type
US Highways
WY Highways
Projects
Township & Range
Sections
Municipalities
Public Noticing
File No 112 MA 23
Valley Springs III
Aspen Valley Springs, LLC
c/o Jason Shumway
Prepared using available data by Katie Gipson, on 28 Apr. 2023. Map is for informational purposes only and in no way represents an official survey of land.
414-SS-22
209-MS-22
20’ Travel Way 26’ Travel Way
EXHIBIT A
112-MA-23
III
DEVELOPMENT AGREEMENT
VALLEY SPRINGS III MAJOR SUBDIVISION
FILE NO.#112-MA-23
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 Aspen Valley Springs,LLC,hereinafter referred to as
“OWNER/DEVELOPER”,whose address is 345 Young Lane,Afton,WY 83110.
WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No.#112-MA-23 Valley Springs III Subdivision to subdivide approximately
9.93+/-acres into 2 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 Valley Springs III 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.#112-MA-23 Valley Springs III 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 Aspen Valley Springs,LLC,whose address
is 345 Young Lane,Afton,WY 83110,the party that owns and is developing the Property and
shall include and subsequent owner(s)or OWNER/DEVELOPER(s)of the Property.
1.4 PROPERTY:means and refers to the identified approximately 9.93+/-acres of a certain
parcel(s)of Property located in Lincoln County,Wyoming,as described in Exhibit A.
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Section 2.Planned Improvements.
The OWNER/DEVELOPER shall,at its sole cost and expense,properly install and complete the
following required improvements:
●Subdivision Road:
o 20’width travel lane from the County Road 407 through the completed Looped
Road at Lot 4 and Lot 5.
o 26’width travel lane from the end of the Loop Road to the cul-de-sac.
o 70’radius cul-de-sac (120’travel lane)at end of Valley Springs Way
o Install Engineered bridge with 20’travelway across the East Side Canal,that meets
County Standards and is Approved by the County Engineer.
●Approval of Water Distribution Plan by the State Engineer’s Office.
●Utilities:
o Install Electrical Power to each identified lot
o Install Communication lines to each identified lot
●Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B
●Disturbed areas shall be reseeded to avoid weed infestation and erosion
●Road Signs:The Developer to purchase private road name sign and stop sign through
Lincoln County,Wyoming Planning and Engineering Office to assure standardization
throughout the County and said County Office will install after completion of
improvements and subdivision final approval.
●Comply with the Wyoming subdivision fencing law W.S.18-5-319 and 18-5-306 that will
be in effect at the time of Final Plat.
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
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and meets all of the conditions of approval set out in the Final Determination approving the
Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement,a Final Plat
shall be signed and recorded.
Section 5.Control of trash,weeds,dust,erosion,and sedimentation.The
OWNER/DEVELOPER shall be fully responsible for all dust abatement,erosion,sedimentation,
weed,and trash control on the Property required by any County,State or Federal regulations.
OWNER/DEVELOPER shall use best management practices and industry standards for control.
Trash shall be contained at all times.The responsibilities in this Section shall run with the land and
shall therefore apply before,during,and until completion of Improvements.
Section 6.Permits.The OWNER/DEVELOPER is responsible for obtaining all 60’right-of-way,
easements,access,excavation,and other permits and approvals required by local,State,or Federal
regulations.
Section 7.Inspections.The OWNER/DEVELOPER’s representatives shall make regular
inspections and maintain control of SUBDIVISION while it is under construction.Representatives
of the County shall have the right to enter upon the Property at any reasonable time to inspect and
to determine whether the OWNER/DEVELOPER is in compliance with this Agreement.The
OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect
the Property at reasonable times.The OWNER/DEVELOPER will not materially deviate from the
Improvements required herein without the prior written approval of the County,which approval
will not be unreasonably withheld.
Section 8.Final Inspection and Approval of Improvements.The OWNER/DEVELOPER shall
notify the County when it believes that the Improvements have been fully and properly completed
and shall request final inspection and approval and acceptance of the Improvements by the County.
At the time of such notification to the County,OWNER/DEVELOPER shall submit to County a
set of “as built”plans and specifications,prepared by its engineer.The County will provide interim
and final inspection of the Improvements within a reasonable time period after notification by the
OWNER/DEVELOPER of completion and submission of “as built”plans and specifications.Upon
inspection,the County shall give written acceptance of the Improvements or a written checklist of
material deficiencies,such noted deficiencies shall be specific as to location and shall specify,in
detail,the necessary corrective action to be taken by the OWNER/DEVELOPER.Upon approval
of the final inspection,the County shall notify OWNER/DEVELOPER of its acceptance of the
Improvements.
Section 9.Warranty of the Improvements.The OWNER/DEVELOPER warrants the prompt
and satisfactory correction of all defects and deficiencies,for both materials and workmanship,in
the Improvements that occur or become evident within one year.If such defect or deficiency
occurs or becomes evident during such period,then the OWNER/DEVELOPER shall,within thirty
(30)days after written demand by the County to do so,correct it or cause it to be corrected.If the
defect or deficiency cannot be reasonably corrected within thirty (30)days after written demand
from the County,the OWNER/DEVELOPER shall commence the correction of the deficiency
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within the thirty (30)day period and proceed with reasonable diligence to correct the same or
cause it to be corrected.
Section 10.Remedies.In the event the OWNER/DEVELOPER fails to perform any of the terms,
conditions or obligations in this Agreement or has not resolved a defect or deficiency under this
Agreement,the County,at its option,may exercise any rights and remedies it may have under law.
Furthermore,the County reserves the right,in its absolute discretion,to revoke the
OWNER/DEVELOPER’s approvals for SUBDIVISION.In the event of said revocation,
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations.
Section 11.Default.If the OWNER/DEVELOPER fails to fully perform any of its obligations in
accordance with this Agreement,or fails or refuses to correct any defect or deficiency in the
Improvements required by this Agreement,then the OWNER/DEVELOPER shall be in Default of
this Agreement.Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or
failing.If Default occurs,then Lincoln County shall be entitled to use any of the Remedies in the
preceding paragraph at its own discretion.
Section 12.Maintenance of Lots.OWNER/DEVELOPER hereby agrees that all unsold lots shall
be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense.
Section 13.Maintenance of Roads.OWNER/DEVELOPER hereby agrees that they will create a
binding document either a HOA,CCRs,Road Maintenance Agreement,Special Improvement
District,or Mutual Benefit Corporations that at a minimum:
a.Provide an entity for ongoing road maintenance including the collection of road
maintenance fees;
b.Provide an entity for ongoing snow removal including the collection of snow removal fees;
c.Ensure road maintenance and snow removal are maintained indefinitely.
d.The chosen document must be filed at the time of final plat filing,and bind all current and
future owners to the agreement.
Section 14.Binding Upon Successors.This Development Agreement shall be binding upon and
inure to the benefit of the parties’respective heirs,successors,assigns and personal
representatives.
Section 15.Notices.Any written notices required herein shall be deemed delivered to the
addressee when delivered in person on a business day at the address set forth below or on the third
day after being deposited in the United States mail,for delivery by properly addressed,postage
prepaid,certified or registered mail,return receipt requested,to the address set forth below.
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
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421 Jefferson St.,Suite 701
Afton,Wyoming,83110
Notices to the OWNER/DEVELOPER shall be addressed to,or delivered at,the following
address:
Aspen Valley Springs,LLC
345 Young Lane
Afton,WY 83110
Section 16.Indemnification.
A.No Liability for County Approval or Denial.The OWNER/DEVELOPER acknowledges
and agrees (1)that the County is not,and shall not be,in any way liable for any damages,loss or
injuries whatsoever,including attorney fees,that may be sustained as the result of the County’s
issuance or denial of any permits,inspections,approvals or acceptances of the Improvements or
use of any portion of the Improvements,and (2)that the County’s issuance or denial of any
permits,inspections,approvals or acceptances does not,and shall not,in any way be deemed to
insure the OWNER/DEVELOPER,or any of its heirs,successors,assigns,tenants,or licensees or
any third party,against damage or injury of any kind.
B.Indemnification.Except as provided below,the OWNER/DEVELOPER agrees to,and
does hereby,indemnify the County,and all of its elected and appointed officials,officers,
employees,agents and representatives from any and all claims,costs and liability of every kind
and nature that may be asserted at any time against any such parties for injury or damage received
or sustained by any person or entity in connection with (1)the County’s review of,denial,or
approval of any plans,including those for the Improvements,(2)the inspection or issuance of any
approval or acceptance of Improvements,(3)the SUBDIVISION,construction,maintenance or
use of any portion of the Improvements and (4)the performance by the OWNER/DEVELOPER of
its obligations under this Agreement and all related Agreements.The indemnification required
herein shall include,but not be limited to,any costs of defense incurred by the indemnified parties
including attorney fees and expert witness fees.
Section 17.Amendments or Alterations.Any changes,omissions,modifications,revisions,
additions or amendments to this Development Agreement shall be incorporated by written
instrument,executed and signed by all parties.
Section 18.Severability.The invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof and this Agreement shall be construed in all respects as
if such invalid or unenforceable provisions were omitted.
Section 19.Filing.The County shall have this Agreement recorded in the Office of the Lincoln
County Clerk.
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Section 20.Authority to Execute.The County hereby warrants and represents to the
OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been
properly authorized to do so by the Board of County Commissioners.The OWNER/DEVELOPER
hereby warrants and represents to the County (1)that it is the owner of record of the Property or
the owner’s authorized representative,(2)that it has the right,power,and authority to enter into
this Agreement and to agree to the terms,provisions,and conditions set forth herein and to bind
the subdivision as set forth herein,(3)that all legal action needed to authorize the execution,
delivery,and performance of this Agreement have been taken,and (4)that neither the execution of
this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER
hereunder will (i)result in a breach or default under any Agreement to which the
OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii)violate any
statute,law restriction,court order,or Agreement to which the OWNER/DEVELOPER or the
subdivision is subject.
Section 21.Regulations.The OWNER/DEVELOPER agrees to abide by all regulations,laws and
codes of Lincoln County,the State of Wyoming,and the Federal Government.
Section 22.Applicable Law/Venue.The construction,interpretation,and enforcement of this
Agreement shall be governed by the laws of the State of Wyoming.The Courts of the State of
Wyoming shall have jurisdiction over this Agreement and the parties,and the venue shall be the
Third Judicial District,Lincoln County,Wyoming.
Section 23.Insurance.OWNER/DEVELOPER shall procure,and at all times maintain,general
liability insurance to protect from claims for damages because of negligence or bodily injury,
including but not limited to death and damages to property,all with coverage limits of no less than
one million dollars ($1,000,000.00).Said insurance will also provide coverage to fulfill the
OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before
beginning construction.Upon request,OWNER/DEVELOPER agrees to provide a certificate of
liability insurance to County evidencing said limit.
Section 24.Entirety of Agreement.This Agreement sets forth all promises,inducements,
agreements,condition and understandings between OWNER/DEVELOPER and County relative to
the subject matter hereof,and there are no promises,agreements,conditions or understanding,
either oral or written,express or implied,between OWNER/DEVELOPER and County,other than
as are stated herein.All Exhibits referenced herein are incorporated in this Agreement as if set
forth in full including all text information in the Exhibits.In the event of any conflict of terms in
this Agreement and any Exhibits,the terms of this Agreement shall control.Except as herein
otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement
shall be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns.
Section 25.No Waiver of County Rights.No waiver of any provision of this Agreement will be
deemed to constitute a waiver of any other provision nor will it be deemed to constitute a
continuity waiver unless expressly provided for;nor will the waiver of any default under this
Agreement be deemed a waiver of any subsequent default or defaults of the same type.The
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County’s failure to exercise any obligation under this Agreement will not constitute the approval of
any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement.
OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all
approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval,
upon any of the violations of Lincoln County Land Use Regulations,or for misrepresentations or
material omissions made to the Lincoln County Planning and Engineering Office or Board of
County Commissioners.
Section 26.Sovereign Immunity.The County does not waive sovereign immunity by entering
into this Agreement and specifically retains immunity and all defenses available to it pursuant to
law,including government immunity.
Section 27.Effective Date.This Agreement shall become valid and binding only upon its
approval by the Lincoln County Board of County Commissioners and shall be effective on the date
first written above.
IN WITNESS WHEREOF,the parties to this Agreement through their duly authorized
representatives have executed this Agreement on the days and dates set out below and certify that
they have read,understood,and agreed to the terms and conditions of this Agreement.
LINCOLN COUNTY
________________________________Date:______________________
Jerry W.Hansen,Chair
Board of Lincoln County Commissioners
Attest:
________________________________
April Brunski
Lincoln County Clerk
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OWNER/DEVELOPER
________________________________Date:______________________
Jason Shumway,Managing Member of Aspen Valley Springs,LLC
STATE OF WYOMING )
)ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Jason Shumway,Managing Member of
Aspen Valley Springs,LLC ,on this _______day of ________________,2023.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires:________________
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EXHIBIT A
DESCRIPTION OF PROPERTY
Valley Springs III Subdivision
9.93+/-acres within the Section 11,Township 34 North,Range 119 West,in,Lincoln County,
Wyoming.
Page 9 of 10
EXHIBIT B
APPROVED PRELIMINARY PLAT
See Attached
Page 10 of 10
December 5, 2022
Lincoln County
Office of Planning and Development
P. O. Box 468
Kemmerer, WY 83101
STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed
Aspen Valley Springs, major subdivision north of Thayne, Wyoming.
Due to high ground water levels in this section, SVCD recommends soil cuts to determine
groundwater levels. We recommend an enhanced septic system and shallow to 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.
The Black Hawk Ditch runs along the northern border of each lot and does include water rights.
Please note the Lincoln County Weed and Pest recommendations regarding the presence of
Spotted Knapweed.
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
Aspen Valley Springs
Major Subdivision
Thayne, Wyoming
December 5, 2022
Location
The Aspen Valley Springs major subdivision is located within the south ½ of Section 11 T34N
R119W, North of Thayne, Wyoming. The proposed subdivision is +/- 35 acres and will be divided
into 7 lots.
Water
Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data
Base to obtain groundwater information for this property. Well logs from wells in the vicinity
indicated the static water level is between 10 and 55 feet below ground surface.
According to Surveyor Scherbel’s Office, owner’s agent, the 7 lots will each have individual
wells and septic systems.
The subdivision has the Black Hawk Ditch running along the northern border and water rights
are included in the property. The ditch will need periodic maintenance, and the
recommendation is that no landscaping such as trees or shrubs be placed within fifteen feet of
the ditch.
Salt River
The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming
Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does
not support the designated use for contact recreation use due to elevated levels of fecal coliform
bacteria.
In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed-
planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been
completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July
2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ.
SVCD continues to monitor the watershed. We have collaborated with landowners to implement
fencing and off stream watering for livestock. We also provide a cost share to homeowners to
pump septic systems after attending our septic workshops.
The Salt River Watershed Plan identifies rural subdivisions as adversely affecting water quality in
the Salt River Watershed. Storm water run-off from this subdivision should be managed using
best management practices to ensure that pollutants such as storm water runoff, animal wastes,
sediment, and fertilizers do not reach the irrigation ditches or other surface waters in the area.
National Pollutant Discharge Elimination System (NPDES)
The Wyoming Department of Environmental Quality (WYDEQ) requires all construction sites
that disturb 1 acre or more to have a construction NPDES permit. The areas do not have to be
contiguous. The permit requires construction site operators to implement appropriate erosion and
sediment control best management practices, control waste such as discarded building materials,
concrete truck wash-out, chemicals, litter, and sanitary wastes.
Operators of construction activities must develop a Storm Water Pollution Prevention Plan
(SWPPP) that describes the measures to be implemented at the construction site that will eliminate
or minimize pollutants from the project from reaching surface waters.
The terms and conditions of the permit must be implemented until the land disturbed by
construction activities has been ‘finally stabilized.’ Finally stabilized is defined as “all soil
disturbing activities at the site have been completed, and a uniform perennial vegetative cover
with a density of 70% of the native background vegetative cover for the area has been
established on all disturbed unpaved areas and areas not covered by permanent structures”.
If construction will disturb 5 or more acres a stormwater permit from WYDEQ is required.
For more information regarding the NPDES requirements please contact Anita Rehner, WYDEQ
Program Coordinator at 307-777-5622 or arehner@state.wy.us or Katy Sprouse at 307-777-7570
or by email at katysprouse@wyo.gov
Soils
The following soils information provided by the Natural Resources Conservation Service
(NRCS) Soil Survey of Star Valley Area, Wyoming – Idaho. This information does not eliminate
the need for onsite investigation of the soils or for testing and analysis of these soils by a
Wyoming Licensed Engineer experienced in the design and construction of engineering work.
The proposed subdivision is comprised of two soil types identified as Greyback gravelly loam (Gg),
and Turson silt loam (Tu).
Limitations: ‘not limited’ indicates that the soil has features that are favorable for the specified
use, good performance and very low maintenance can be expected. ‘Somewhat limited’
indicates that the soil has features that are moderately favorable for the specified use. The
limitations can be overcome or minimized by special planning, design, and installation. Fair
performance and moderate maintenance can be expected. Soils with ‘very limited’ designations
indicate that the soil has one or more features that are unfavorable for the specified use. The
limitations generally cannot be overcome without major soil reclamation, special design, or
expensive installation procedures, poor performance and high maintenance can be expected.
Dwelling with and without basements: The degree of limitations for dwellings with and
without basements in areas of Greyback gravelly loam (Gg) is rated as not limited. Areas with
Turson silt loam (Tu) are rated as Very Limited due to flooding and depth to saturated zone.
Soil cuts were not conducted as part of this review. Care should be taken not to locate buildings in
the intermittent drainage or any drainage channel where overland flooding could occur during early
spring snowmelt or heavy thunderstorms. Due to high ground water levels in this section, SVCD
recommends soil cuts to determine groundwater levels. We recommend an enhanced septic
system and shallow to 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.
Sewage Disposal: The degree of limitations for septic tank absorption fields for areas of
Greyback gravelly loam (Gg) is Very Limited due to seepage. For areas containing Turson silt loam
the degree of limitations is Very Limited due to flooding, depth to saturated zone, seepage, and slow
water movement.
Roads and streets: The degree of limitations for roads and streets for areas of Greyback gravelly
loam (Gg) is rated as Somewhat limited due to frost action. For areas with the Turson silt loam
(Tu) the degree of limitations is Very Limited due to frost action, flooding, and low strength.
Shallow excavations: The degree of limitations for shallow excavations for shallow excavations
for areas containing Greyback gravelly loam (Gg) is listed as Very Limited due to cutbanks cave.
For areas containing Turson silt loam (Tu) the rating is listed as Very Limited due to cutbanks
cave, flooding, and depth to saturated zone.
Erosion Hazard: The erosion hazard of natural surface roads and construction sites areas of both
the Greyback gravelly loam (Gg) and the Turson silt loam (Tu) is rated as slight.
To avoid potential erosion or sedimentation problems all disturbed areas during subdivision
construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes
and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction
so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment
control best management practices should be installed and maintained for the duration of the
project.
Landscaping: The Black Hawk ditch runs along the northern border of each lot and does include
water rights. Due to the need for periodic maintenance, it is recommended that no landscaping
such as trees or shrubbery be placed within fifteen feet of the bank of the ditch.
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. However, please take
note of the issues and recommendations regarding the Spotted Knapweed.
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
State Engineer’s Office
HERSCHLER BUILDING,2 WEST
CHEYENNE,WYOMING 82002
(307)777-6150
MARK GORDON
GOVERNOR
BRANDON GEBHART,P.E.
STATE ENGINEER
May 12,2023
Lincoln County Board of Commissioners
925 Sage Ave.,Suite 302
Kemmerer,WY 83101
planning@lincolncountywy.gov
RE:Valley Springs III Subdivision
Dear Commissioners:
The State Engineer’s Office Ground Water Division received application material related to the Aspen
Valley Springs 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 SWSE of section 11,T34N,R119W,Lincoln County,
Wyoming.The subdivision consists of 2 lots.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 Permits P991.0D,and P3705.0E.These acres need to be addressed per Statute.See item 6
for a summary of our findings and the processes to address these acres per Statute.
Additional Comments:
2.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.
3.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.
4.Any well not to be used must be properly plugged and abandoned as outlined in the above referenced
rules and regulations.
Surface Water Ground Water Board of Control
(307)777-6475 (307)777-6163 (307)777-6178
5.Any wells developed for uses that do NOT fall within the definition of domestic or stock use require
adjudication by the Board of Control.
6.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 2023-15-12”.
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
April 19, 2023
Aspen Valley Springs LLC
Attn: Jason Shumway
345 Young Lane
Afton, WY 83110
Subject:Valley Springs – Bridge Design & Construction
Mr. Shumway,
This letter is to provide notification that the bridge located within the Valley Springs Subdivision in the
SE ¼, Section 11 of T34N R119W in Lincoln County was engineered to meet the County requirements
provided by Ms. Butler via email on January 13, 2022. Visual inspections were completed during various
portions of the construction and it visually appears that the bridge was constructed to industry
standards that should conform with County Requirements. Let me know if you have any questions or
concerns.
Sincerely,
SUNRISE ENGINEERING, INC
Kevin Martin, P.E.
Project Engineer
kmartin@sunrise-eng.com
Cc: Jamie DeCora