Loading...
HomeMy WebLinkAbout 102-MP-23 and 111-PMA-23 Etna Village EstatesPreliminary PlatAPPLICANTS:TGH Industries,LLC PROJECT NAME:Etna Village Estates Subdivision Phase II Master Plan &Preliminary Plat COMMUNITY PLAN AREA:Etna ZONING:Mixed Use SURVEYOR:Surveyor Scherbel,Ltd. PLANNER:Emmett Mavy &Robert Davis PIN:3519-101-00-141 _____________________________________________________________________________________ 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 #102-MP-23 a Master Plan &111-PMA-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. REQUEST: This is a request to consider a master plan modification and the resultant preliminary plat. The first request is a Master Plan Application to modify the approved Master Plan 704 PZ 05 proposal. Master Plan 704 PZ 05 was approved for a total 125 lots.Phase I consists of 55 residential lots and one park lot.Phase II was started and the first 5 lots were platted under Permit #208-MS-22 which leaves the remainder of Phase II to allow a total of 65 residential lots.Phase III of the proposed 2005 master plan was not approved.The requested modification by the developer proposes to place 66 residential lots as opposed to 65 residential lots along with one utility lot in the remainder of Phase II.This is not a substantive change in density.The current master plan approved 1.7 lots per acre,the proposed revised master plan requests 1.73 lots per acre. The Chapter 23 wastewater study was performed for 180 total lots when the original master plan was permitted and a non-adverse letter was provided by WYDEQ. 102-MP-23 &111-PMA-23 BCC Preliminary PlatThemasterplanwillsharesomeexistingsubdivisionroads;Etna Village Drive,Little Greys Loop,and Caribou Peak Loop,and will extend Caribou Peak Loop,and Little Greys Loop.Each lot will connect to the Etna Water and Sewer District and have individual enhanced-engineered septic systems.Agricultural and residential uses exist to the North,South,East and West. PROPOSAL #111-PMA-23: The second request is a Major Subdivision Preliminary Plat Application as part of Master Plan 102-MP-23 proposal to subdivide 37.02+/-acres into sixty-six (66)residential lots,and one Utility Lot with an average lot size of 0.56 +/-acres,in the Mixed Zone.Lots 62-128 will be phased.The tentative phasing schedule will be: Etna Village Estates Subdivision Phase II Master Plan,Second Filing -Lots 62-89 Etna Village Estates Subdivision Phase II Master Plan,Third Filing -Lots 90-108 Etna Village Estates Subdivision Phase II Master Plan,Fourth Filing -Lots 109-128 LOCATION:2.5 miles northwest of the Town of Star Valley Ranch,Wyoming in Section 10,Township 35 North,Range 119 West.PIN:3519-101-00-141. ANALYSIS: Compatibility with neighboring properties:The Etna Village Master Plan is neighbored by residential uses and agricultural lands.Planning staff do not see these uses as incompatible with each other.At the April 19th PZC meeting,there was discussion concerning higher densities directly adjacent to open space/recreational uses.Staff finds that there are multiple examples in the county of residential subdivisions directly adjacent to agricultural use or open space land.We are not aware of any lands that have become substantially impaired by this proximity. Master Plan:Staff discussed with the County Attorney’s Office the questions as to whether a master plan approved in 2005 was still valid in 2023.It is believed that the master plan or subdivision phasing plan is still valid as long as an expiration date was not approved with the plan.In the future,if the PZC wishes to limit the approval period of a master plan,it could establish an expiration date for the plan. 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 agricultural lands.This burden is already a significant impact on smaller lots and therefore,planning staff do not believe it is practical to impose greater requirements on buffering in this particular case.Although there was discussion as to whether a greater buffer than the required 25-foot buffer was needed,the subdivision plan or master plan was approved in 2005 with the buffer as proposed and a reconfiguration of the buffer would substantially alter the layout of the subdivision initially approved in 2005. Water:The entire master plan will be served by the Etna Water and Sewer District.As an improvement district,they are responsible for maintaining the water systems to Wyoming Department of Environmental Quality standards. 102-MP-23 &111-PMA-23 BCC Preliminary PlatSewer: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 septic systems.Mark Baron confirmed the 2005 Chapter 23 Water and Sewer Study was still valid and had been completed for a total of 180 lots.At the April 19,PZC meeting,there was mention of the emergence of a sewage treatment system being implemented given the growing number of units currently being built and proposed in the district.There was concern as to whether contaminants from the development’s septic systems would reach the Salt River or groundwater resources.At the May 24th PZC meeting,the developer’s representative discussed that an enhanced septic system provides for a significant amount of protection for the ground water.This is achieved primarily through the fact that each household would require 70 feet of tubing that is designed to reduce contamination into the soil as the ‘enhanced septic systems’offer treatment through natural bacteria removing contaminants before leaching into the soil.This is compounded by three to four feet of sand surrounding the tubes which effectively slows the leaching even further.In addition,there will be roughly 70 feet of soil between the septic system and the groundwater to further filter any contaminants essentially rendering the water to drinking quality.It was also demonstrated that the development’s septic field would be approximately one-half mile away from the Salt River and that contaminants are not likely to leach that far into the body of water. Rivers /Stream /Wetlands:The west side of the development is roughly 940 feet from the Salt River flood plain area and around 830’from the nearest national wetlands.The property does not have any water bodies within its boundaries and therefore no required setbacks for water.At the April 19th PZC meeting,there was concern as to whether pollution from septic tanks in the proposed development would ultimately leach into the Salt River (see above discussion).A Sunrise Engineering representative stated that it was unlikely nitrates would be able to leach from the septic fields into the Salt River. Open Space:Phase I of the master plan has a .84-acre community park and the lots are restricted to one (1)single family dwelling.The nearly one-acre park is centrally located between Phases 1 and 2 and provides ample space for the number of residents as indicated by the National Recreation and Park Association Standards.This gives each homeowner room for their home,garage,snow removal,and back yard to enjoy.There is not an open space requirement for this subdivision,but we also do not feel like there is a lack of space for residential use.Staff is very concerned about the preservation of open space in Lincoln County.Areas adjacent to the Salt River represent high quality open space for a resident to enjoy and the Comprehensive Plan Update will be examining the trend of areas along the Salt River being privatized thereby limiting public access. Density &Zoning:This property falls into the Mixed-Use zoning and therefore allows for ½acre lot sizes when the water connections are from an improvement district like Etna Water.The density within this zoning is considered as compatible as reasonably possible and responsible 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 lots.The convenience of this location and its access to US HWY 89 allows for easy access for residents to access the community. 102-MP-23 &111-PMA-23 BCC Preliminary PlatTraffic:All traffic flows out of this subdivision to the east and south,and does not impact property owners to the north or west.There was discussion centered around the need for two access points.It was pointed out that there is the potential to provide for two access points through Etna West road #169 to Caribou Peak Loop at the south of Phase I and from Etna Village Drive from the 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 Emergency Management, Conservation District,school district,DEQ,WYDOT,State Engineer's Office,State Fire Marshal,Power and Communications companies,Wyoming Water Development Office and more. Snow Removal:Roads within the development are required to have 60’easements.This allows for roadways,utilities,and snow removal.Snow removal within a lot is the responsibility of the lot owner, and as demonstrated in Phase I of this master plan,snow removal does not appear to be an issue. Argument regarding waterfowl hunting on neighboring property to the east:The neighbor stated that it needs a 500’safe distance to fire a gun in the direction of the development.This may require hunting the property to start from the east boundary and to head west so they would be firing the weapon away from the homes.This would impact roughly the far east 15 acres of the 140 acres neighbor’s property.In addition,it was pointed out there is a significant grade change between the neighbor to the west and the subject property to the extent that any firing of a shotgun is very unlikely to hit the subject property but would hit the hillside instead. _____________________________________________________________________________________ EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement -Second Filing 4.Correspondence 5.Master Plan 704 PZ 05 Final Determination _____________________________________________________________________________________ FINDINGS OF APPROVAL: 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 Mixed Zone. 102-MP-23 &111-PMA-23 BCC Preliminary PlatCONDITIONSOFAPPROVAL: 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 prior to Final Plat. ii.Water system and connections to each lot approved by the Etna Wyoming Water and Sewer District to be installed prior to Final Plat. iii.Subdivision Roads for each phase: 1.24’width paved travel lanes through the completed loop roads. 2.60’radius cul-de-sac (100’travel lane)at end of the new private road. iv.Approval of Water Distribution Plan to the State Engineer’s Office; v.Survey monumentation;and vi.Development of either,a HOA,CCRs,Road Maintenance Agreement,Special Improvement District,or Mutual Benefit Corporations that at a minimum: 1.Provide an entity for ongoing road maintenance including the collection of road maintenance fees; 2.Provide an entity for ongoing snow removal including the collection of snow removal fees; 3.Ensure road maintenance and snow removal are maintained indefinitely; 4.The chosen document must be filed at the time of final plat filing,and bind all current and future owners to the agreement. 4.Prior to Final Plat Application the improvements shall be installed and inspected by County personnel. a.Provide for final plat approval upon satisfaction of Development Agreement terms; b.Developer Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 30 days after approval of the Preliminary Plat or the application and approval shall be voided. 5.Each phase will require a new development agreement between the developer and the county. 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 Change -Lot 62 to be Relabeled Utility Tract 8.A Plat Warning indicating that there is a Well located on the Utility Tract and that it may only be used for irrigation purposes,and the Well may not be connected to the Etna Water and Sewer District 102-MP-23 &111-PMA-23 BCC Preliminary Plat9.A Plat Warning -As Stated on the Last Page of the Staff Report from Recommendations by the Wyoming Department of Environmental Quality Plat Warning -Omitting the First Sentence and the word “or”,stating,there should be a Plat Warning that states the lots will use this exact system or permits an enhanced-engineered system directly through WDEQ. 10.Sign Development Agreement as Modified by Staff and Approved by the County Attorney. AGENCY CORRESPONDENCE: Lincoln County Weed &Pest:Lincoln County Weed &Pest found Spotted Knapweed present onsite. 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:The Conservation District report dated:July 20,2005 the Conservation District supported the requirement for enhanced septic systems due to the proximity to the Salt River.They also recommend care be taken NOT to locate buildings in any drainage channel where overland flooding could occur. State Engineer's Office:The SEO found water rights on the property and the developer will need to address these water rights for the subdivision.See attached letter. Etna Wyoming Water &Sewer District:This subdivision will be connecting the new lots to the water district and the developer has provided a will serve letter from the district.See attached letter. Public Comments:P.O.O.P,LLC submitted a 6-page opposition letter.See attached letter. Wyoming Department of Environmental Quality:Mark Baron confirmed the 2005 Chapter 23 Water and Sewer Study was still valid and had been completed for a total of 180 lots.He also stated that WDEQ does not reissue letters on previous non-adverse letters. Mark Baron,pointed out that the original Chapter 23 DEQ study specified the lots would be using a pre-engineered enhanced septic system called the “FAST”wastewater treatment systems manufactured by BIO Microbics.He believes there should be a Plat Warning that states the lots will use this exact system or permit an enhanced-engineered system directly through WDEQ. WDEQ 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 Etna Village Estates Subdivision Phase II 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 102-MP-23 &111-PMA-23 BCC Preliminary PlatcapableofachievinganeffluentFecalColiformcountoflessthan800colonies/100 mL (maximum 30-day geometric mean). For all 66 lots within the Etna Village Estates Subdivision Phase II,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. 102-MP-23 &111-PMA-23 BCC JONATHAN BAKER PRESIDENT CERTIFICATE OF OWNERS NOTARY PUBLIC CERTIFICATE OF APPROVAL APRIL BRUNSKI, COUNTY CLERK KENT CONNELLY, COMMISSIONER TERI BOWERS COMMISSIONER JERRY HANSEN, CHAIRMAN ATTEST: MY COMMISSION EXPIRES . STATE OF WYOMING } COUNTY OF LINCOLN } SS } WITNESS MY HAND AND OFFICIAL SEAL: CERTIFICATE OF ENGINEER } NOTARY PUBLIC MY COMMISSION EXPIRES . WITNESS MY HAND AND OFFICIAL SEAL: COUNTY OF LINCOLN } STATE OF WYOMING } }SS CERTIFICATE OF SURVEYOR TGH INDUSTRIES, LLC www.sunrise-eng.com AFTON, WYOMING 83110 47 EAST 4TH AVENUE TEL 307.885.8500 Z FAX 307.885.8500 NOTARY PUBLIC MY COMMISSION EXPIRES WITNESS MY HAND AND OFFICIAL SEAL: THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY JONATHAN BAKER THIS DAY OF 2023. WE, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THIS SUBDIVISION, BEING PART THE NE 1/4 OF SECTION 10, T35N, R119W, LINCOLN COUNTY, WYOMING, AS SHOWN HEREON AND MORE PARTICULARLY DESCRIBED IN THE CERTIFICATE OF SURVEYOR, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS AND PROPRIETORS OF SAID LANDS; THAT THE NAME OF THE SUBDIVISION SHALL BE "ETNA VILLAGE ESTATES SUBDIVISION PHASE II SECOND FILING; AND THAT BALDY PEAK DRIVE, LITTLE GREYS LOOP, ETNA VILLAGE DRIVE, AND CARIBOU PEAK LOOP AS SHOWN ON THIS PLAT ARE PRIVATE ROADS WITH 60' OF NON-EXCLUSIVE PERPETUAL RIGHT-OF-WAY GRANTED TO THE OWNER OF EACH LOT WITHIN THE SUBDIVISION; THAT THE UNDERSIGNED OWNERS HEREBY RESERVE A PERPETUAL RIGHT OF INGRESS, EGRESS, AND UTILITIES OVER, UNDER AND ACROSS THE ABOVE LISTED PRIVATE ROADS IN ORDER TO PROVIDE A PERPETUAL ACCESS AND ALL UTILITIES TO WHATEVER LANDS SAID OWNER MAY DESIGNATE; THAT EASEMENTS FOR UTILITIES AND DRAINAGE IDENTICAL WITH SAID ROADS AND IDENTICAL WITH A TEN (10) FOOT STRIP OF LAND ALONG THE SIDES AND REAR OF EACH LOT, ARE HEREBY GRANTED FOR THE UNDERGROUND INSTALLATION OF POWER, TELEPHONE, AND OTHER UTILITIES APPURTENANT TO THIS SUBDIVISION AS WELL AS FOR UTILITIES FOR FUTURE DEVELOPMENT OF THE UNDERSIGNED OWNERS; THAT THE SUBDIVISION IS SUBJECT TO OTHER EASEMENTS, RIGHTS-OF-WAY ENCUMBRANCES, CONDITIONS, RESTRICTIONS, OR RESERVATIONS OF RECORD; THAT THE SUBDIVISION IS SUBJECT TO COVENANTS AND RESTRICTIONS OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK OF PHOTOSTATIC RECORDS ON PAGE_ , THIS PLAT IS TO CARRY WITH IT NO IMPLIED COVENANTS OR RESTRICTIONS; THAT IN ACCORDANCE WITH SECTION 18-5-306 (viii), WYOMING STATUTES, 2021, AS AMENDED, CERTAIN STREETS, ALLEYS, OR ROADWAYS WITHIN THE SUBDIVISION SHALL REMAIN PRIVATE AND THE BOARD OF COUNTY COMMISSIONERS SHALL BE UNDER NO OBLIGATION TO REPAIR, MAINTAIN, OR ACCEPT ANY DEDICATION OF SUCH ROAD TO PUBLIC USE; THAT THE ADJUDICATED IRRIGATION WATER RIGHTS OF RECORD ARE TO BE RETAINED; NO LOT IN THIS SUBDIVISION MAY BE FURTHER DIVIDED; THAT ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE OF WYOMING ARE HEREBY WAIVED AND RELEASED.Profess io n a l Engineer (Ci vi l)WYOM I N G 9225 RYAN J . ERIC K SONDate THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY RYAN J. ERICKSON THIS DAY OF 2023. I, RYAN J. ERICKSON, A CIVIL ENGINEER WITH WYOMING REGISTRATION NUMBER 9225, HEREBY CERTIFY THAT THE SOURCE OF WATER INTENDED FOR USE BY THIS SUBDIVISION IS ADEQUATE AND SAFE FOR DOMESTIC USE, AND THAT THE PLANS FOR THE DOMESTIC WATER SUPPLY MEET COUNTY, STATE, AND FEDERAL REQUIREMENTS. COUNTY OF LINCOLN } STATE OF WYOMING } SS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY KARL F. SCHERBEL THIS DAY OF 2023. STATE OF WYOMING } COUNTY OF LINCOLN } }SS ACKNOWLEDGEMENT PURSUANT TO SECTION 34-12-102, 34-12-103, AND 18-5-301 THROUGH 18-5-315, WYOMING STATUTES, 2021 AS AMENDED, ETNA VILLAGE ESTATES SUBDIVISION PHASE II SECOND FILING WAS APPROVED AT THE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS HELD ON THE DAY OF , 2023. SUBJECT TO THE PROVISIONS OF A RESOLUTION AND AMENDMENTS THERETO, ADOPTED ON 04 MAY 2005 FOR THE APPROVAL OF SUBDIVISION AND TOWNSITE PLATS. PLAT APPROVAL DOES NOT CONSTITUTE ACCEPTANCE OF STREETS AND/OR ROADWAYS AS COUNTY ROADS. DESIGNATION OF COUNTY ROADS IS ONLY ACCOMPLISHED BY COMPLIANCE WITH THE PROVISIONS OF SECTION 24-3-101, ET. SEQ., WYOMING STATUTES, 2021 AS AMENDED. LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF MORTGAGEE STATE OF WYOMING } COUNTY OF LINCOLN } }SS THE BANK OF JACKSON HOLE CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK 1028 OF PHOTOSTATIC RECORDS ON PAGE 698 UPON THE PROPERTY DESCRIBED UNDER THE CERTIFICATE OF SURVEYOR AND DOES HEREBY CONSENT TO THE SUBDIVISION AND DOES JOIN IN AND CONSENT TO THE DEDICATION OF THE LAND AND EASEMENTS HEREON AS CONTAINED UNDER THE CERTIFICATE OF OWNER AND AGREES THAT ITS MORTGAGE SHALL BE SUBORDINATED TO THE DEDICATION AND EASEMENTS SHOWN HEREIN AND HEREON. BANK OF JACKSON HOLE ON THIS ______DAY OF _________, 2023 BEFORE ME PERSONALLY APPEARED , BY ME FIRST DULY SWORN, WHO DID SAY THAT SHE IS THE SENIOR-VICE PRESIDENT OF BANK OF JACKSON HOLE AND THAT THIS INSTRUMENT WAS SIGNED AND SEALED ON BEHALF OF SAID CORPORATION BY AUTHORITY OF ITS BOARD OF DIRECTORS AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID CORPORATION. GIVEN UNDER MY HAND AND NOTORIAL SEAL THIS _____ DAY OF ______, 2023 NOTARY PUBLIC MY COMMISSION EXPIRES: Etna Village Estates Subdivision Phase II Master Plan April 2023 TGH Industries, LLC I, KARL F. SCHERBEL, OF AFTON, WYOMING, HEREBY CERTIFY THAT THIS PLAT WAS MADE FROM NOTES TAKEN DURING AN ACTUAL SURVEY MADE BY ME AND BY PERSONS UNDER MY SUPERVISION DURING OCTOBER 2022 AND FROM RECORDS IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY AND THAT IT CORRECTLY REPRESENTS ETNA VILLAGE ESTATES SUBDIVISION PHASE II - SECOND FILING; THAT THE BOUNDARY OF THE SUBDIVISION IS: THAT PART OF THE W1/2NE1/4 OF SECTION 10, T35N R119W, LINCOLN COUNTY, WYOMING, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST POINT OF LOT 24 OF ETNA VILLAGE ESTATES PHASE I, A SUBDIVISION OF RECORD IN SAID OFFICE WITH ACCESSION NO. 930932, SAID POINT BEING N00°01'24"E, 25.77 FEET, FROM THE NORTHEAST CORNER OF THE SW1/4NE1/4 OF SAID SECTION 10; THENCE ALONG THE NORTH LINE OF SAID ETNA VILLAGE ESTATES PHASE I, AS FOLLOWS: N88°56'58"W, 165.02 FEET, TO THE NORTHWEST POINT OF LOT 24; THENCE ALONG THE BOUNDARY OF SAID ETNA VILLAGE ESTATES PHASE II, AS FOLLOWS: N0°01'24"E, 169.40 FEET, ALONG THE EAST LINE OF LOT 61, THEREOF; N89°58'36"W, 165.00 FEET, ALONG THE NORTH LINE OF SAID LOT 61 AND THE NORTH LINE OF LOT 60, THEREOF; N0°01'24"E, 140.00 FEET, ALONG THE EAST LINE OF LOT 59, TO THE NORTHEAST POINT THEREOF; S89°58'36"E, 165.00 FEET, ALONG THE NORTH LINE OF LOT 59, TO THE NORTHWEST POINT THEREOF; N0°01'24"E, 28.56 FEET, ALONG THE EAST LINE OF LOT 58, TO THE NORTHEAST POINT THEREOF; N90°00'00"W, 330.00 FEET, ALONG THE NORTH LINE OF LOTS 57 & 58, TO THE NORTHWEST POINT OF LOT 57 THEREOF; S0°01'24"W, 354.21 FEET ALONG THE WEST LINE OF LOTS 57 & 55, TO THE NORTHEAST POINT OF LOT 1 THEREOF; THENCE N89°33'22"W, 321.46 FEET, TO A POINT; THENCE N0°05'36"W, 1357.31 FEET, TO A POINT; THENCE S88°46'36"E, 1323.46 FEET, TO A POINT; THENCE S0°01'24"W, 1339.28 FEET, TO A POINT TO THE POINT OF BEGINNING; ENCOMPASSING AN AREA OF 37.02 ACRES. LOT 120 0.56± ACRES LOT 76 0.67± ACRES LOT 82 0.53± ACRES LOT 89 0.50± ACRES LOT 88 0.50± ACRES LOT 87 0.50± ACRES LOT 77 0.53± ACRES LOT 67 0.53± ACRES LOT 66 0.53± ACRES LOT 65 0.53± ACRES LOT 64 0.53± ACRES LOT 63 0.53± ACRES LOT 62 0.44± ACRES LOT 80 0.53± ACRES LOT 78 0.53± ACRES LOT 79 0.53± ACRES LOT 81 0.53± ACRES LOT 86 0.54± ACRES LOT 74 0.61± ACRES LOT 98 0.52± ACRES LOT 99 0.53± ACRES LOT 100 0.53± ACRES LOT 101 0.53± ACRES LOT 90 0.50± ACRES LOT 91 0.50± ACRES LOT 92 0.50± ACRES LOT 93 0.50± ACRES LOT 94 0.50± ACRES LOT 85 0.64± ACRES LOT 97 0.50± ACRES LOT 96 0.51± ACRES LOT 95 0.59± ACRES LOT 103 0.50± ACRES LOT 102 0.57± ACRES LOT 110 0.49± ACRES LOT 106 0.50± ACRES LOT 105 0.50± ACRES LOT 104 0.50± ACRES LOT 114 0.56± ACRES LOT 113 0.50± ACRES LOT 112 0.50± ACRES LOT 111 0.50± ACRES LOT 128 0.73± ACRES LOT 127 0.73± ACRES LOT 126 0.54± ACRES LOT 125 0.53± ACRES LOT 123 0.52± ACRES LOT 124 0.50± ACRES LOT 122 0.55± ACRES LOT 121 0.51± ACRES LOT 119 0.57± ACRES LOT 115 0.56± ACRES LOT 116 0.71± ACRES LOT 117 0.54± ACRES LOT 118 0.57± ACRES LOT 68 0.61± ACRES LOT 73 0.80± ACRES LOT 72 0.64± ACRES LOT 71 0.73± ACRES LOT 70 0.56± ACRES LOT 69 0.54± ACRES LOT 84 0.64± ACRES LOT 75 0.71± ACRES LOT 83 0.53± ACRES LOT 109 0.53± ACRES LOT 108 0.55± ACRES LOT 107 0.51± ACRES N89°57'37"W 173.96'N89°33'22"W 321.46'S0°05'36"E 1357.31'N88°46'36"W 1323.46'N0°02'22"E 1365.13'N0°01'24"E 307.73'166.58'130.19'167.11'140.00'140.00'140.00'144.72' 105.00'320.05'220.73'135.73'191.69'140.00'140.00'140.00'140.00'140.00'116.98'173.49'147.04'147.04'147.04'147.00'135.63'156.57'173.30'42.87'73.56'165.37'186.65'167.56'132.50'151.03'N89°58'36"W N89°58'36"W N89°58'36"W N89°58'36"W N89°58'36"W N89°58'36"W S67°45' 1 9 " W N59°2 4' 4 7 " E N64 ° 4 7 ' 0 0 " W N54°3 5' 1 4" EN24°47 '17 "W S 4 5 ° 3 6 ' 1 6 " E 1 2 0 . 4 3 'N5°07'43"EN0°01'24"EN0°01'24"EN0°01'24"EN0°01'24"EN13°24'44"W186. 0 1 ' 168.07' 167.77' 167.47' 167.26' 185.90' 171.97' 20 3 . 7 1 ' 215.39'274.33'223.55'248.89'177.81'N21°27'20"E 219.65'165.00'151.72' 165.00'165.00' 165.00'165.00' 165.00'165.00' 165.00'165.00' 113.96'140.00' N71°2 3 ' 5 5 " W N73°51'07 " E 163.79'165.00' 165.00'165.00' 165.00'165.00' 165.00' 165.00'165.00' 165.00'165.00' 165.00'165.00' 165.00'166.69' 165.00'193.00' 120.00'105.00'105.00' N64 ° 3 8 ' 4 8 " WN0°01'24"E 206.96'N0°01'24"E 209.20'N0°01'24"E 211.45'120.03'105.02'105.02' 113.95'140.00'140.00'140.00'119.02' 43.95'87.52'132.25'147.03'132.25'147.03'138.15'132.25'24.05'132.50'132.25'132.50'132.25'132.50'132.25'132.25'132.50'214.01'150.00'98.94'N88°46'36"W N88°46'36"W N88°46'36"W N88°46'36"W N88°46'36"WN0°01'24"E132.25'132.25'132.25'132.25'150.00'N0°01'24"EN88°46'36"W N90°00'00"W N3°10'36"EN90°00'00"W N90°00'00"W N90°00'00"W N90°00'00"WN0°01'24"E132.50'132.50'132.50'132.50'132.50'140.00'140.00'140.00'140.00'N0°01'24"E161.98'N89°58'36"W N89°58'36"W N89°58'36"W N89°58'36"W 132.50'140.00'140.00'132.50'104.27'117.83'N0°01'24"EN0°01'24"E195.3 3' 66.86'N0°01'24"E114.80'30.20'140.00'140.00'140.00'140.00'140.00'140.00'140.00'140.00'140.00'114.00'C10 C11 C12 C13 1 1 7 . 6 6 ' C8 C9 C7C6 C5 C4 C3 C2 C1 N67° 3 9 ' 5 0 " W N88°46'36"W N88°46'36"W N88°46'36"W N88°46'36"W N79°45'58"E N70°48'2 6 " E N 4 9 ° 1 2 ' 4 7 " W N78°23'29"E N37°43'46"ES11°55'18"ES8°05'29"W214.06'172.38'165.09'165.09'165.09'165.09'166.44'199. 9 1 ' 292. 6 5'194.32 ' 194.99' 164.59' 164.59' 164.59' 164.59' 164.59' 164.59' 77.3 3 ' 128.0 7 '146.02' N88°46'36"W N90°00'00"W 330.00'N0°01'24"E 28.56' N89°58'36"W 165.00'N0°01'24"E 140.00'N89°58'36"W 165.00'N0°01'29"E 169.40'LOT 120 0.56± ACRES LOT 76 0.67± ACRES LOT 82 0.53± ACRES LOT 89 0.50± ACRES LOT 88 0.50± ACRES LOT 87 0.50± ACRES LOT 77 0.53± ACRES LOT 67 0.53± ACRES LOT 66 0.53± ACRES LOT 65 0.53± ACRES LOT 64 0.53± ACRES LOT 63 0.53± ACRES LOT 62 0.44± ACRES LOT 80 0.53± ACRES LOT 78 0.53± ACRES LOT 79 0.53± ACRES LOT 81 0.53± ACRES LOT 86 0.54± ACRES LOT 74 0.61± ACRES LOT 98 0.52± ACRES LOT 99 0.53± ACRES LOT 100 0.53± ACRES LOT 101 0.53± ACRES LOT 90 0.50± ACRES LOT 91 0.50± ACRES LOT 92 0.50± ACRES LOT 93 0.50± ACRES LOT 94 0.50± ACRES LOT 85 0.64± ACRES LOT 97 0.50± ACRES LOT 96 0.51± ACRES LOT 95 0.59± ACRES LOT 103 0.50± ACRES LOT 102 0.57± ACRES LOT 110 0.49± ACRES LOT 106 0.50± ACRES LOT 105 0.50± ACRES LOT 104 0.50± ACRES LOT 114 0.56± ACRES LOT 113 0.50± ACRES LOT 112 0.50± ACRES LOT 111 0.50± ACRES LOT 128 0.73± ACRES LOT 127 0.73± ACRES LOT 126 0.54± ACRES LOT 125 0.53± ACRES LOT 123 0.52± ACRES LOT 124 0.50± ACRES LOT 122 0.55± ACRES LOT 121 0.51± ACRES LOT 119 0.57± ACRES LOT 115 0.56± ACRES LOT 116 0.71± ACRES LOT 117 0.54± ACRES LOT 118 0.57± ACRES LOT 68 0.61± ACRES LOT 73 0.80± ACRES LOT 72 0.64± ACRES LOT 71 0.73± ACRES LOT 70 0.56± ACRES LOT 69 0.54± ACRES LOT 84 0.64± ACRES LOT 75 0.71± ACRES LOT 83 0.53± ACRES LOT 109 0.53± ACRES LOT 108 0.55± ACRES LOT 107 0.51± ACRES N89°57'37"W 173.96'N89°33'22"W 321.46'S0°05'36"E 1357.31'N88°46'36"W 1323.46'N0°02'22"E 1365.13'N0°01'24"E 307.73'166.58'130.19'167.11'140.00'140.00'140.00'144.72' 105.00'320.05'220.73'135.73'191.69'140.00'140.00'140.00'140.00'140.00'116.98'173.49'147.04'147.04'147.04'147.00'135.63'156.57'173.30'42.87'73.56'165.37'186.65'167.56'132.50'151.03'N89°58'36"W N89°58'36"W N89°58'36"W N89°58'36"W N89°58'36"W N89°58'36"W S67°45' 1 9 " W N59°2 4' 4 7 " E N64 ° 4 7 ' 0 0 " W N54°3 5' 1 4" EN24°47 '17 "W S 4 5 ° 3 6 ' 1 6 " E 1 2 0 . 4 3 'N5°07'43"EN0°01'24"EN0°01'24"EN0°01'24"EN0°01'24"EN13°24'44"W186. 0 1 ' 168.07' 167.77' 167.47' 167.26' 185.90' 171.97' 20 3 . 7 1 ' 215.39'274.33'223.55'248.89'177.81'N21°27'20"E 219.65'165.00'151.72' 165.00'165.00' 165.00'165.00' 165.00'165.00' 165.00'165.00' 113.96'140.00' N71°2 3 ' 5 5 " W N73°51'07 " E 163.79'165.00' 165.00'165.00' 165.00'165.00' 165.00' 165.00'165.00' 165.00'165.00' 165.00'165.00' 165.00'166.69' 165.00'193.00' 120.00'105.00'105.00' N64 ° 3 8 ' 4 8 " WN0°01'24"E 206.96'N0°01'24"E 209.20'N0°01'24"E 211.45'120.03'105.02'105.02' 113.95'140.00'140.00'140.00'119.02' 43.95'87.52'132.25'147.03'132.25'147.03'138.15'132.25'24.05'132.50'132.25'132.50'132.25'132.50'132.25'132.25'132.50'214.01'150.00'98.94'N88°46'36"W N88°46'36"W N88°46'36"W N88°46'36"W N88°46'36"WN0°01'24"E132.25'132.25'132.25'132.25'150.00'N0°01'24"EN88°46'36"W N90°00'00"W N3°10'36"EN90°00'00"W N90°00'00"W N90°00'00"W N90°00'00"WN0°01'24"E132.50'132.50'132.50'132.50'132.50'140.00'140.00'140.00'140.00'N0°01'24"E161.98'N89°58'36"W N89°58'36"W N89°58'36"W N89°58'36"W 132.50'140.00'140.00'132.50'104.27'117.83'N0°01'24"EN0°01'24"E195.3 3' 66.86'N0°01'24"E114.80'30.20'140.00'140.00'140.00'140.00'140.00'140.00'140.00'140.00'140.00'114.00'C10 C11 C12 C13 1 1 7 . 6 6 ' C8 C9 C7C6 C5 C4 C3 C2 C1 N67° 3 9 ' 5 0 " W N88°46'36"W N88°46'36"W N88°46'36"W N88°46'36"W N79°45'58"E N70°48'2 6 " E N 4 9 ° 1 2 ' 4 7 " W N78°23'29"E N37°43'46"ES11°55'18"ES8°05'29"W214.06'172.38'165.09'165.09'165.09'165.09'166.44'199. 9 1 ' 292. 6 5'194.32 ' 194.99' 164.59' 164.59' 164.59' 164.59' 164.59' 164.59' 77.3 3 ' 128.0 7 '146.02' N88°46'36"W N90°00'00"W 330.00'N0°01'24"E 28.56' N89°58'36"W 165.00'N0°01'24"E 140.00'N89°58'36"W 165.00'N0°01'29"E 169.40'LOT 26 LOT 25 NE 1/16 30' 30'CARIBOU PEAK LOOPLITTLE GREYS LOOPBALDY PEAK DRIVEETNA VILLAGE DRIVE N88°56'58"W 165.02' LOT 55 LOT 56 LOT 61LOT 60 LOT 1 LOT 57 LOT 58 LOT 59ETNA VILLAGE ESTATES PHASE II INSTRUMENT NO. 1028361 ETNA VILLAGE ESTATES PHASE I INSTRUMENT NO. 930962 CARIBOU PEAK LOOP FLYING P FAMILY EXEMPTION GOOD NEIGHBOR 2ND FILING ETNA VILLAGE ESTATE PHASE I CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 LENGTH 144.14' 89.31' 131.63' 99.51' 109.56' 79.56' 45.21' 89.00' 89.50' 138.31' 108.02' 108.02' 135.38' DELTA 18°19'20" 11°22'37" 16°45'33" 12°40'12" 13°56'59" 91°10'16" 43°10'20" 20°23'28" 20°30'31" 13°12'28" 10°23'03" 10°23'03" 12°55'42" RADIUS 450.76' 449.80' 450.00' 450.00' 450.00' 50.00' 60.00' 250.06' 250.03' 600.00' 596.02' 596.02' 600.00' CHORD BEARING N65°19'00"W N50°27'50"W N36°23'50"W N21°40'50"W N6°57'10"W N45°36'30"E S67°11'30"E S30°41'10"E N10°14'00"W S34°38'20"W S22°52'30"W S22°52'30"W S11°15'20"W CHORD LENGTH 143.53' 89.17' 131.16' 99.31' 109.29' 71.43' 44.15' 88.53' 89.02' 138.01' 107.87' 107.87' 135.10' CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 LENGTH 144.14' 89.31' 131.63' 99.51' 109.56' 79.56' 45.21' 89.00' 89.50' 138.31' 108.02' 108.02' 135.38' DELTA 18°19'20" 11°22'37" 16°45'33" 12°40'12" 13°56'59" 91°10'16" 43°10'20" 20°23'28" 20°30'31" 13°12'28" 10°23'03" 10°23'03" 12°55'42" RADIUS 450.76' 449.80' 450.00' 450.00' 450.00' 50.00' 60.00' 250.06' 250.03' 600.00' 596.02' 596.02' 600.00' CHORD BEARING N65°19'00"W N50°27'50"W N36°23'50"W N21°40'50"W N6°57'10"W N45°36'30"E S67°11'30"E S30°41'10"E N10°14'00"W S34°38'20"W S22°52'30"W S22°52'30"W S11°15'20"W CHORD LENGTH 143.53' 89.17' 131.16' 99.31' 109.29' 71.43' 44.15' 88.53' 89.02' 138.01' 107.87' 107.87' 135.10' VICINITY MAP PLAT WARNINGS LACK OF SOLID WASTE SERVICE SOIL LIMITATIONS STATUTORY WARNINGS LACK OF COMMON SEWER STATEMENT OF DOMESTIC WATER AVAILABILITY LACK OF COUNTY ROAD MAINTENANCE INDICATES AN EASEMENT LINE LEGEND TEL 307.885.8500 Z FAX 307.885.8501 47 EAST 4TH AVENUE / PO BOX 609 AFTON, WYOMING 83110 www.sunrise-eng.com ORTHN NO PROPOSED PUBLIC SEWAGE DISPOSAL SYSTEM. LOT OWNERS SHALL BE RESPONSIBLE FOR BUILDING THEIR OWN SMALL WASTEWATER DISPOSAL SYSTEMS WHICH MEETS STATE AND COUNTY STANDARDS. (W.S.18-5-306) ENHANCED WASTEWATER TREATMENT SYSTEMS ENHANCED WASTEWATER TREATMENT SYSTEMS WILL BE REQUIRED ON THE FOLLOWING LOTS: 63-128 SOILS IN THE SUBDIVISION AREA MAY CAUSE LIMITATIONS FOR SHALLOW EXCAVATIONS DUE TO COARSE FRAGMENTS, AND FOR WASTEWATER SYSTEM ABSORPTION FIELDS DUE TO LIMITED FILTERING CAPACITY. LOT OWNERS MAY BE REQUIRED TO USE ENHANCED OR OTHER ENGINEERED WASTEWATER TREATMENT SYSTEM DUE TO LIMITED FILTERING CAPACITY OF THE SOIL. DOMESTIC WATER SHALL BE PROVIDED BY A COMMON WATER SYSTEM. DOMESTIC WATER WILL BE PROVIDED BY THE ETNA WATER AND SEWER DISTRICT. SOLID WASTE HAULAGE SERVICE NOT PROPOSED. LOT OWNERS SHALL BE RESPONSIBLE FOR HAULING THEIR OWN SOLID WASTE. 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. 18-53-306) NO PUBLIC MAINTENANCE OF STREETS OR ROADS. PLAT ACCEPTANCE DOES NOT CONSTITUTE ACCEPTANCE OF ROADWAYS AS COUNTY ROADS. DEVELOPMENT NOT OCCUPIED DURING WINTER MONTHS. 2:1 2:1 60'-0" R/W 2%2%3:1 MAX 4:1 MAX 24'-0" TYPICAL2' SHOULDER INDICATES A RIGHT-OF-WAY LINE INDICATES A 3/8" X 12" STEEL SPIKE SET INDICATES A MAG NAIL OR P-K NAIL FOUND OR OF RECORD INDICATES A LOT BOUNDARY LINE INDICATES A SUBDIVISION BOUNDARY LINE INDICATES A LOT NUMBER INDICATES A 2" GALVANIZED STEEL PIPE 30" LONG (BLM TYPE) WITH BRASS CAP INSCRIBED "MARLOWE A. SCHERBEL PLS 5368 AFTON, WYOMING" AND APPROPRIATE DETAILS, FOUND OR SET THIS SURVEY. INDICATES A 5/8" X 24" STEEL REINFORCING ROD WITH A 2" ALUMINUM CAP INSCRIBED, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", AND APPROPRIATE DETAILS, FOUND THIS SURVEY. INDICATES A 5/8" X 24" STEEL REINFORCING ROD WITH A 2" ALUMINUM CAP INSCRIBED, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", AND APPROPRIATE DETAILS, SET THIS SURVEY. INDICATES A CORNER RECORD FILED IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY ORTHN ETNA VILLAGE ESTATES PHASE II PARABOLIC DRAINAGE SWALE AND SNOW STORAGE AREA 2.5" HOT PLANT MIX BITUMINOUS PAVEMENT6" UNTREATED BASE COURSE 10" STRUCTURAL BACKFILL (AS NEEDED) A ~ PROPOSED ROAD CROSS-SECTION PHASING SCHEDULE PHASE LOTS DATE SECOND FILING LOTS 62-89 (28 LOTS)2023 THIRD FILING LOTS 90-108 (19 LOTS)2025 FOURTH FILING LOTS 109-128 (20 LOTS)2027 * SUBJECT TO CHANGE BASED ON MARKET CONDITIONS £¤89 Star Valley Ranch 20 07 0506 19 18 08 17 02 15 12 14 10 13 11 03 242223 01 35N 118W35N 119W Cota LaneEtna Village Drive TGH INDUSTRIES,LLC OX YOKE B LLC LOVELAND, ERIC & DAWN KSR 1217, LC BLAIR, TARANK ETAL THURSTON, BENJAMIN& MARLA LENNOX, ESTHER H & PHILLIP D OSLER, IAN &VIRGINIA DORSEY P.O.O.P.LLC PARCS FIVE CRAZY KIDS, LLC PETERSEN,DALEPETERSEN,DALE PETERSEN, BEN & MARY PETERSEN, BEN & MARY P.O.O.P.LLC PARCS BARRETT, ANN M TGH INDUSTRIES, LLCROBBINS, JACOB TURNER, ROBERT TURNER,MATTHEW & JAMIE HOLDEN,PAUL & SUMAYAH CONDER, ADAM M &HALEE M RYMINVESTMENTS LLC KISLING, KYLE A & LINDSEY K PETERSON,PAUL J & MARGO SUTTON, CINDY D TRUSTEE BLACK,STEPHANIE JOHNSON, HAL D III &NICOLE M ETAL NORTH RIDGE HOMES & PROPERTIES, INC FIEBKE, JACOB SORENSEN,TAWNYA NICKER WHINNYLLC C/O ACACIO CARLO & MEGAN OVERTON SHEUE,ERIC ALPINE HOME BUILDERS,LLC CAMP, MICHAELC & ANNE MLOWER VALLEY ENERGY, INC OTTLEY, DAVID JALPINE HOMEBUILDERS, LLC ALPINE HOME BUILDERS, LLC BIZER, TANNER ETAL TAPIA,ALEXIS M & RYAN A ALPINE HOME BUILDERS, LLC KASTELEIN,DARREN & ALLISON SEMPLE, DEREK OBRIEN, JACQUELINE ETNA VILLAGEESTATES HOMEOWNERS ASSOCIATION HICKS, ERNEST F& ARLENE A HICKS, ERNEST F & ARLENE A ETNA VILLAGE ESTATES HOMEOWNERSASSOCIATION TGHINDUSTRIES, LLC TGHINDUSTRIES, LLC TGH INDUSTRIES, LLC TGHINDUSTRIES, LLC TGHINDUSTRIES, LLC THURSTON,BENJAMIN & MARLA Maxar Major Subdivision Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No 111 MA 23 Etna Village Estates Subdivision Phase II Master Plan TGH Industries, LLC Prepared using available data by Katie Gipson, on 27 Mar. 2023. Map is for informational purposes only and in no way represents an official survey of land. DEVELOPMENT AGREEMENT ETNA VILLAGE ESTATES SUBDIVISION PHASE II SECOND FILING FILE NO.#111-PMA-23 &102-MP-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 TGH Industries,LLC,hereinafter referred to as “OWNER/DEVELOPER”, whose address is 4175 South Kestrell,Jackson,WY 83001. ●This Development Agreement is for a Phase of the Approved Master Plan 102-MP-23 Approved by the Board of County Commissioners on June 7,2023 and Represents the Second Filing Lots 62-89 in the following phasing schedule:The Third Filing and Fourth Filing of the Master Plan will require their own Development Agreement prior to commencing construction and will be required to install improvements to the County Standards that exist at the time of construction. Phasing Schedule for Master Plan 102-MP-23: Etna Village Estates Subdivision Phase II Master Plan,Second Filing -Lots 62-89 Etna Village Estates Subdivision Phase II Master Plan,Third Filing -Lots 90-108 Etna Village Estates Subdivision Phase II Master Plan,Fourth Filing -Lots 109-128 WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.#111-PMA-23 Etna Village Estates Subdivision Phase II Second Filing to subdivide approximately 15.99 acres into 28 lots as set forth in the Preliminary Plat Lots 62-89; 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 Etna Village Estates Subdivision Phase II Second Filing; NOW THEREFORE,in consideration of the mutual covenants and conditions contained herein, the parties agree: Page 1 of 10 Section 1.Definitions 1.1 SUBDIVISION:The subject of this Agreement,which is designated and identified as File No.#111-PMA-23 Etna Village Estates Subdivision Phase II -Second Filing Lots 62-89 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 TGH Industries,LLC,whose address is 4175 South Kestrell,Jackson,WY 83001,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 15.99+/-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: ●Approval of the Water Distribution Plan by the State Engineer’s Office ●Subdivision Roads for each phase: o 24’width paved travel lanes through the completed loop roads. o 60’radius cul-de-sac (100’travel lane)where cul-de-sacs are located within the phase. ●Utilities: o Install Electrical Power to each identified lot o Install Communication lines to each identified lot o Install Etna Water Connection 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 ●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. Page 2 of 10 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. 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 Page 3 of 10 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, 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. Page 4 of 10 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: TGH Industries,LLC 4175 South Kestrell Jackson,WY 83001 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. Page 5 of 10 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. 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 Page 6 of 10 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. 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 Page 7 of 10 OWNER/DEVELOPER ________________________________Date:______________________ Jonathan Baker,Managing Member of TGH Industries LLC ________________________________Date:______________________ Brittany Baker,Managing Member of TGH Industries LLC STATE OF WYOMING ) )ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Jonathan Baker,Managing Member of TGH Industries LLC &Brittany Baker,Managing Member of TGH Industries LLC ,on 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 Etna Village Estates Subdivision Phase II 15.99+/-acres within the Section 10,Township 35 North,Range 119 West,in,Lincoln County, Wyoming. Page 9 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached Page 10 of 10 January 11, 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 Etna Village Estates Phase II, major subdivision in Etna, Wyoming. Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Please note that there are irrigation water rights to this property from the Salt River through the East Side Canal. The East Side Canal District must have maintenance access to the canal. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the pipeline is strongly discouraged and is subject to removal by the canal company. For mor information, please call our office at 307-885-7823. During the original subdivision a Water and Wastewater Study was performed by Sunrise Engineering, any recommendations in that study supersede any recommendations in this report. 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 Etna Village Estates Major Subdivision Etna, Wyoming January 11, 2023 Location The Etna Village Estates Phase II major subdivision is in the NE1/4 Section 10 T35N R119W in Etna, Wyoming. The proposed subdivision is +/- 40 acres and will be divided into 69 lots. The site is mainly flat with drainage to the west. 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 120 feet below ground surface. According to Surveyor Scherbel’s Office, owner’s agent, the 69 lots will each have individual wells and septic systems. Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Please note that there are irrigation water rights to this property from the Salt River through the East Side Canal. The East Side Canal District must have maintenance access to the canal. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the pipeline is strongly discouraged and is subject to removal by the canal company. For mor information, please call our office at 307-885-7823. 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) 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). 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 Thayne Loam 0 to 3 percent slope (TeA). 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 Greyback Gravelly Loam (Gg) and Thayne loam 0 to 3 percent slope (TeA) for dwellings with and without basements is Not limited. Soil cuts were not conducted as part of this review. Care should be taken not to locate buildings in the intermittent drainage or any drainage channel where overland flooding could occur during early spring snowmelt or heavy thunderstorms. Sewage Disposal: The degree of limitations for septic tank absorption fields for Greyback Gravelly Loam is very limited due to seepage. The degree of limitations for septic tank absorption fields for Thayne loam 0 to 3 percent slope (TeA) is listed as Somewhat Limited due to slow water movement. Roads and streets: The degree of limitations for roads and streets for Greyback gravelly loam (Gg) is Somewhat Limited due to frost action. The degree of limitations for Thayne loam 0 to 3 percent slope (TeA) is Very Limited due to frost action. Shallow excavations: The degree of limitations for shallow excavations for both the Greyback gravelly loam (Gg) and Thayne loam 0 to 3 percent slope (TeA) is Very Limited due to cutbanks cave. Erosion Hazard: The erosion hazard of natural surface roads and construction sites for both Greyback gravelly loam (Gg) and the Thayne loam 0 to 3 percent slope (TeA) is slight. To avoid potential erosion or sedimentation problems all disturbed areas during subdivision construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment control best management practices should be installed and maintained for the duration of the project. Landscaping: When landscaping, the SVCD recommends selecting plants that have low requirements for water, fertilizers, and pesticides. Cultivate plants that discourage pests and minimize high maintenance grassed areas. 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 report is included separate from this report. Please note and follow any recommendations found therein. 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. Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommends following 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 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 The water and sewer study was completed by Sunrise Engineering in July 2005. A copy has been included with this application. The NPDES Storm Water Permit is being prepared by Sunrise Engineering and will be delivered under separate cover. Soil Map—Star Valley Area, Wyoming-Idaho Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/22/2022 Page 1 of 347649104764980476505047651204765190476526047653304764910476498047650504765120476519047652604765330498050498120498190498260498330498400498470498540498610498680498750 498050 498120 498190 498260 498330 498400 498470 498540 498610 498680 498750 43° 2' 27'' N 111° 1' 26'' W43° 2' 27'' N111° 0' 54'' W43° 2' 11'' N 111° 1' 26'' W43° 2' 11'' N 111° 0' 54'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 0 150 300 600 900 Feet 0 45 90 180 270 Meters Map Scale: 1:3,290 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:20,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Star Valley Area, Wyoming-Idaho Survey Area Data: Version 17, Sep 13, 2021 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 22, 2012—Nov 2, 2016 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Star Valley Area, Wyoming-Idaho Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/22/2022 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI Gg Greyback gravelly loam 34.6 94.3% TeA Thayne loam, 0 to 3 percent slopes 2.1 5.7% Totals for Area of Interest 36.7 100.0% Soil Map—Star Valley Area, Wyoming-Idaho Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/22/2022 Page 3 of 3 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 Gg: 85Greyback Not limited Not limited Not limited 10Greyback cb-l Not rated Not rated Not rated 5Greyback gr-l 6-10% slopes Not rated Not rated Not rated TeA: 85Thayne Not limited Not limited Not limited 10Thayne gr-l 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 Gg: 85Greyback Very limited Very limited Seepage 1.00 Seepage 1.00 Slope 0.08 10Greyback cb-l Not rated Not rated 5Greyback gr-l 6-10% slopes Not rated Not rated TeA: 85Thayne Somewhat limited Somewhat limited Slow water movement 0.46 Seepage 0.53 10Thayne gr-l 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 Gg: 85Greyback Somewhat limited Very limited Somewhat limited Frost action 0.50 Cutbanks cave 1.00 Gravel content 0.44 Droughty 0.16 Large stones content 0.03 10Greyback cb-l Not rated Not rated Not rated 5Greyback gr-l 6-10% slopes Not rated Not rated Not rated TeA: 85Thayne Very limited Very limited Not limited Frost action 1.00 Cutbanks cave 1.00 10Thayne gr-l 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 Gg: 85Greyback Slight Slight 10Greyback cb-l Not rated Not rated 5Greyback gr-l 6-10% slopes Not rated Not rated TeA: 85Thayne Slight Slight 10Thayne gr-l 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 April 11,2023 Lincoln County Board of Commissioners 925 Sage Ave.,Suite 302 Kemmerer,WY 83101 Planning@lcwy.org RE:Etna Village Estates Phase II,Lincoln County 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 NWNE of section 10,T35N,R119W, Lincoln County,Wyoming.The subdivision consists of 66 lots.Water supply is proposed to be provided by Etna Water and Sewer District.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 P1266.0E .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 P184887.0W is a Miscellaneous well filed in the name of Dreamventure II,LLC.The permit was issued however, completion paperwork was not filed,as such if there is a well on the ground it does not have a valid water right.We would need the developer to either send in a request to cancel this permit or cancel this permit and refile for a valid water right. 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. 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. Surface Water Ground Water Board of Control (307)777-6475 (307)777-6163 (307)777-6178 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 2023-9-12”. 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 Cc:Lisa Lindemann,Administrator,Ground Water Division Jed Rockweiler,Administrator,Surface Water Division Cheryl Timm,Administrator,Board of Control Division Kevin Payne,Superintendent,Water Division 4 Mike Johnson,Lead Hydrographer/Commissioner,Water Division 4,District 12 October 26, 2022 To whom it may Concern: I have met with the Etna Village Estates phase 2 Subdivision owners and discussed with them the options for treating Spotted Knapweed that was found on their land. They have agreed to making an herbicide treatment next spring when the plants are actively growing. I recommend that their subdivision be approved. Thanks, Jason Trauntvein Lincoln County Weed and Pest