The URL can be used to link to this page

Home My WebLink About102 MA 23 Painted Hills Subdivision 1 LINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Major Subdivision Preliminary Plat HEARING TIME AND DATE: 6:00 p.m. June 21, 2023 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 102 MA 23 APPLICANTS: Meadows Holding Company, LLC PROJECT NAME: Painted Hills Subdivision Preliminary Plat COMMUNITY PLAN AREA: Upper Valley ZONING: Rural PIN: 3219-213-00-255 and 3219-204-00-255 SURVEYOR: Surveyor Scherbel, Ltd. PLANNER: Robert C. Davis _____________________________________________________________________________________ PROPOSAL: Major Subdivision Preliminary Plat proposal to subdivide 240 +/- acres into 36 residential lots ranging in size from 3.25 to 13.37 acres. The average lot size will be 6.5 +/- acres in the Rural Zone at a density of .334 units per acre. The lots will share private subdivision roads off of State HWY 238 west of Afton. Each lot will have individual wells and individual septic systems. LOCATION: The vacant site is surrounded by agricultural uses with the exception of a residential home to the north. The subject property is just 2.5 miles west of the Town of Afton in Section 21, Township 32 North, Range 119 West. _____________________________________________________________________________________ EXHIBITS: 1. Application 2. Preliminary Plat 3. Vicinity Map 4. Draft Development Agreement 5. Agency Correspondence _____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning staff recommends that the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 102 MA 23 a Major Subdivision Preliminary Plat, with: ● Findings of Approval A thru C. ● Conditions of Approval 1 thru 9. ● A Recommendation for the Board Chairman to sign the Development Agreement. RELEVANT ISSUES – Ground Water The proposed water system will consist of individual wells on each lot. The WDEQ studied the analysis performed by Sunrise Engineering and required adjustments to the design in order to grant a non-adverse 2 recommendation which means the proposed subdivision meets the safety and adequacy requirements of the WDEQ Chapter 23 Rules. Chapter 23 provides for the required analyses for nitrate loading, minimum isolation distances and impacts on public drinking water supply wells in subdivisions. The proposed water system has been found to be safe and adequate provided the water is treated and constructed to Wyoming State Engineer’s Office standards. SVCD finds that well logs in the vicinity indicated the static water level is between 15 and 86 feet below ground surface. Septic Systems The proposed sewer system will be comprised of either a non-discharging evaporative sewage lagoon or a conventional on-site septic tanks and leach field. This includes individual on-site septic tanks/leach fields and or non-discharging sewage lagoons constructed to DEQ and Lincoln County Standards. The WDEQ will require notes to be added to the Final Plat. Neighboring property requires enhanced systems. SVDC found much of the area soils to be ‘very limited’ due to slow water movement which indicates that the soil has one or more features that are unfavorable for the specified use. WDEQ, however, is not requiring enhanced septic systems for this subdivision. Notes have been added to the Preliminary Plat for both the groundwater and septic concerns. 3 Access Two subdivision entrances are shown on the Preliminary Plat as required since the proposed subdivision will exceed 15 lots. If WYDOT does not grant two access points from the state highway, the developer has the option of either sprinkling the residences or limiting the development by prohibiting guest homes. The Applicant is proposing a 24-foot-wide travel way, a design speed of 20 MPH, a donut type of road at the western terminus of a long road with a 100-foot radius to accommodate a fire truck pull out and turnaround. There is concern of the length of the road ending in a cul-de-sac. Road Design Guidelines call for a loop road with a minimum of 300 feet between the access points. Because of the topography of the site and because Staff does not favor a ‘loop road the encircles one lot, the donut design was accepted. Staff now defers to simply providing a flat cul-de-sac with 70-to-100-foot radii instead of a one-way loop or donut road. The flat cul-de-sac will allow for more effective plowing in the winter. The proposed road design meets the Regulations as sections where the grades are over 8%, the minimum curve radius is shown to be 250 feet. According to the Land Use Regulations, road grades shall not exceed 6% for 500 feet on either end of the section curves with a horizontal radius of less than 600 feet. This helps for the curves to flatten. In addition, bump outs every 1,900 feet to 2,100 feet are needed in order to allow vehicles to pull off the road in the event of an emergency. Traffic Study The applicant provided a traffic flow analysis for the proposed subdivision. For the north entrance from State Hwy. 238, the Average Daily Traffic (ADT) at full buildout is expected to be 630 trips. At the south entrance from State Hwy. 238, to the ADT at full buildout is expected to be 180 trips. This equates to roughly 49 to 81 trips during the peak hour. Crow Creek Canal The Crow Creek Canal traverses 10 of the 36 lots of the proposed subdivision including Lots 1, 4, 5, 8, 9, 10, 12, 14, 16 and 17. Appropriate setbacks have been depicted on the Preliminary Plat. In addition, the Star Valley Conservation District (SVCD) highly recommends that no landscaping, such as shrubbery and trees, etc., be placed within fifteen feet of either side of the canal. 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. Drainage The extensive grade changes on the site presents challenges for drainage. The site itself slopes from elevations of 6,135 to the east to 6,450 to the west with multiple areas with grades of 30% or more generally draining east toward the Crow Creek Canal which traverses the eastern portion of the site. The applicant states the soil is capable of absorbing water and is unlikely to have ponding or erosion within the subdivision. A Storm Water Pollution Protection Plan has been prepared. The SVCR finds that 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 thunderstorm. The applicant shall prepare a drainage study identifying areas in the subdivision where intermittent drainage or any drainage channel overland flooding could occur. 4 AGENCY CORRESPONDENCE: The following agencies have provided comment: Lincoln County Weed & Pest: Musk Thistle has been found in the area. These weeds are on the State noxious list and needs to be treated. A weed management plan is required by the Development Agreement. Star Valley Conservation District: Due to large variation of groundwater levels in this area, SVCD recommends soil cuts to determine groundwater levels. In areas in which groundwater is high, we recommend an enhanced septic system and shallow or no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level fluctuates according to the amount of high-water runoff from year to year. The Crow Creek Canal District must have maintenance access to the canal that runs through several lots. The lots that border the Crow Creek Canal will have some water rights to the canal. SVCD finds that well logs from wells in the vicinity indicated the static water level is between 15 and 86 feet below ground surface State Engineer's Office: 5 6 With regard to the State Engineer’s letter dated March 9, 2023, the following responses were provided: • Item No. 1 under the comments addresses the water right distribution plan. Surveyor Scherbel’s Office indicates a submission of the plan to the State Engineer's office for their approval will occur before final plat application. • In Item No. 2, the State Engineer's Office identified two wells of concern in the March 9, 2023 letter. Permit P42799 was identified in the water and sewer study. According to Surveyor Scherbel’s Office, there is no evidence that the well was either drilled and there has been no well casing found. Permit # P201654 is a spring filing and is not located on the developer’s property. Wyoming DEQ DEQ Recommends a Plat Warning with the following text: 7 PLANNING STAFF RECOMMENDATION FINDINGS: A. The proposed subdivision, with conditions, is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. B. The proposed subdivision is consistent with goals and objectives of the Lincoln County Comprehensive Plan, including Section IV Land Use Objective 1. Create Land Use Regulations that promote the responsible and orderly development of Lincoln County. C. The proposed subdivision, with conditions, is consistent with the standards and procedures of these Lincoln County Land Use Regulations, including: a. Residential Density Standards; Chapter 6 Table: 6.1 for Major Subdivisions in the Rural Zone. CONDITIONS OF APPROVAL: 1. Significant alteration of the project shall require additional permitting. 8 2. A Weed Control Plan shall be developed in conjunction with Lincoln County Weed & Pest. 3. A Plat Warning be included on the Final Plat for sewage and water systems. 4. Two access permits from WYDOT will be required. If WYDOT does not grant two access points from the state highway, the developer has the option of either sprinkling the residences or limiting the development by prohibiting guest homes. 5. The ‘donut’ design or the looped road will be replaced with a flat cul-de-sac of 70-to-100-foot radii. 6. There will be no landscaping, such as shrubbery and trees, etc., placed within fifteen feet of either side of the Crow Creek Canal. 7. The applicant shall prepare a study identifying areas in the subdivision where intermittent drainage or any drainage channel overland flooding could occur. 8. Developer and County shall enter into a Development Agreement to ensure installation of subdivision improvements and preparation of documents, including: a. Construct approved subdivision road with the minimum 26’ width consisting of two 12- foot lanes and one (1) foot shoulders with 8" subgrade and 4" crushed Base. b. Provide ‘bump outs along the subdivision road every 1,900 to 2,100 feet. c. Provide a flat a flat cul-de-sac with 70-to-100-foot radii instead of a one-way loop or donut road. d. Install electrical power and communication lines. e. Submittal of Water Distribution Plan to the State Engineer’s Office. f. The Developer to purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Development Office to assure standardization throughout the County and developer will install after completion of improvements and subdivision final approval. g. Survey monumentation; and h. Development of either, a HOA, CCRs, Road Maintenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minimum: i. Provide an entity for ongoing road maintenance including the collection of road maintenance fees. ii. Provide an entity for ongoing snow removal including the collection of snow removal fees; iii. Ensure road maintenance and snow removal are maintained indefinitely. iv. Be filed at the time of final plat filing, and bind all current and future owners to the agreement. 9. 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. 9 MAJOR SUBDIVISION PRELIMINARY PLAT PERMIT APPLICATIONLINCOLN COUNTY, WYOMING www.lcwy.org Updated 8-18 $250.00 + $50.00 per lot over 10 lots, fee OWNER(S) NAME:____________________________________________ MAILING FOR OFFICE USE ONLY ADDRESS:_________________________________________Date Rec'd: _________________________________________Date Accepted: PHONE:___________________________________________Zone: EMAIL:___________________________________________Permit # : REPRESENTATIVE/SURVEYOR/ENGINEER PIN # : NAME:____________________________________________Preliminary Approval: MAILING Final Approval: ADDRESS:_________________________________________ _________________________________________ PHONE:___________________________________________ EMAIL:_________________________________________________________ PROJECT LOCATION: TOWNSHIP/RANGE/SECTION ______________________________________________ DISTANCE TO NEAREST INCORPORATED TOWN: _________________________________________ NAME OF PROPOSED SUBDIVISION: _____________________________________________________ LOT INFORMATION: NUMBER OF LOTS __________________ AVERAGE LOT SIZE __________________ SMALLEST LOT ____________ LARGEST LOT _____________ TOTAL ACREAGE OF SUBDIVISION ______________ Applicants shall refer to the Land Use Regulations originally adopted May 4, 2005 and any subsequent amendments before preparing an application for a subdivision. Signing this permit application authorizes county personnel the right of ingress and egress from said lands for any and all inspection purposes necessary to the exercise of this permit. I certify to the best of my knowledge, that the information and materials submitted with this application are true and correct. __________________________________________________________________________________ OWNER(S)DATE If you need assistance or information contact the Planning Office at (307) 877-9056 Fax # (307) 877-6439, 925 Sage Ave Suite 201, Kemmerer, WY 83101 OR the Planning Office at (307) 885-3106 421 Jefferson St. Suite 701, WY 83110 Meadows Holding Company, LLC P.O. Box 768 Afton, Wyoming 83110 307-880-7700 (Kevin Kilroy) kevin.kilroyllc@gmail.com Surveyor Scherbel, Ltd. P.O. Box 725 Afton, Wyoming 83110 307-885-9319 T32N R119W Sections 20 and 21 2.5 miles west of Afton, Wyoming Painted Hill Subdivision 36 5.74± acres 3.25± acres 13.37± acres 207.5± acres 12/7/2022 Updated 3/7/2023 206± acres 5.73± acres 3.22± acres 13.45± acres Page 1 of 10 DEVELOPMENT AGREEMENT PAINTED HILLS SUBDIVISION FILE NO. #102 MA 23 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2023 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 421 Jefferson St., Suite 701, Afton, Wyoming, 83110, specifically Lincoln County Planning and Development and Meadows Holding Company, LLC., hereinafter referred to as OWNER/DEVELOPER”, whose address is P.O. Box 768, Afton, WY 83110. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.# 102 MA 23 Subdivision to subdivide approximately 240 acres into 36 lots as set forth in the Preliminary Plat; and WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit A) located in the County; and WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the final plat application by the Lincoln County Board of County Commissioners and the final plat recordation in the Office of the Lincoln County Clerk of Painted Hills Subdivision; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree: Section 1. Definitions 1.1 SUBDIVISION: The subject of this Agreement, which is designated and identified as File No. #102 MA 23 Painted Hills Subdivision on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future mention to the term SUBDIVISION. 1.2 IMPROVEMENT: Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development. 1.3 OWNER//DEVELOPER: means and refers to Meadows Holding Company, LLC, whose address is P.O. Box 768, Afton, WY 83110, the party that owns and is developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property. 1.4 PROPERTY: means and refers to the identified approximately 240 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. Page 2 of 10 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: ● Subdivision Road: o Construct approved subdivision road with the minimum 26’ width consisting of two 12-foot lanes and one (1) foot shoulders with 8" subgrade and 4" crushed Base. o Provide ‘bump outs along the subdivision road every 1,900 to 2,100 feet. o Provide a flat a flat cul-de-sac with 70-to-100-foot radii instead of a one-way loop or donut road. ● Submittal of Water Distribution Plan to the State Engineer’s Office ● Utilities: o Install Electrical Power to each identified lot. o Install Communication lines to each identified lot. ● Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. ● Disturbed areas shall be reseeded to avoid weed infestation and erosion. ● Road Signs: The Developer to purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Development Office to assure standardization throughout the County and developer will install after completion of improvements and subdivision final approval. OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies responsible for providing services to the Development. Section 3. Sales or building permits. No lot shall be sold prior to final plat approval by the Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk. Also, no building permits shall be issued by the County until final plat approval and recording. Section 4. Schedule for Commencement and Completion of the Improvements. The OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the Improvements within three (3) years after approval of the Preliminary Plat. If OWNER/DEVELOPER does not commence construction of the Improvements within two (2) years or complete Improvements within three (3) years of the date of SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners, the preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the Page 3 of 10 Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat shall be signed and recorded. Section 5. Control of trash, weeds, dust, erosion, and sedimentation. The OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land and shall therefore apply before, during, and until completion of Improvements. Section 6. Permits. The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of- way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Section 7. Inspections. The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements. The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of “as built” plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as built” plans and specifications. Upon inspection, the County shall give written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written demand from the County, the OWNER/DEVELOPER shall commence the correction of the deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Page 4 of 10 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) Be filed at the time of final plat filing, and bind all current and future owners to the agreement. Section 14. Binding Upon Successors. This Development Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives. Section 15. Notices. Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the address set forth below. Page 5 of 10 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: Meadows Holding Company, LLC P.O. Box 768 Jackson, WY 83110 Section 16. Indemnification. A. No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County’s issuance or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees or any third party, against damage or injury of any kind. B. Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1) the County’s review of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The indemnification required herein shall include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Section 17. Amendments or Alterations. Any changes, omissions, modifications, revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument, executed and signed by all parties. Section 18. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Page 6 of 10 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 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. Page 7 of 10 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 Development 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: ______________________ _________________________, Chair Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk Page 8 of 10 OWNER/DEVELOPER ________________________________ Date: ______________________ Kevin Kilroy of Meadows Holding Company, LLC, a Wyoming limited liability company STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Kevin Kilroy, Managing Member of Meadows Holding Company, LLC, a Wyoming limited liability company this ____ day of ______________ 2023. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ Page 9 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Lost Creek Subdivision 240 +/- acres within Sections 20 and 21, Township 32 North, Range 119 West, in, Lincoln County, Wyoming. Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached PAINTED HILLS SUBDIVISION WATER & WASTEWATER SYSTEM ADEQUACY STUDY October 2021 November 18, 2022 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Painted Hills Major Subdivision, south of Auburn, Wyoming. Due to groundwater levels that are close to the surface in this area SVCD recommends soil cuts to determine groundwater levels. In areas in which ground water is high, we recommend an enhanced septic system and shallow or no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level fluctuate according to the amount of high-water runoff from year to year. The Crow Creek Canal District must have maintenance access to the canal that runs through several lots. SVCD highly recommends that no landscaping, such as shrubbery and trees, etc., be placed within sixteen- and one-half feet of either side of said canal. The lots that border the Crow Creek Canal will have some water rights to the canal. For questions regarding this please contact Alan Linford at 307-886-3941 or Joe Nield at 307-884-7121. Please see attached map of drainage from the spring situated on the adjacent property to the west that drains to the east into the Painted Hills Subdivision and creates a pond each year. This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5- 306. No other use is intended or implied. If there is any more information, we can provide for you, please let us know. Yours truly, STAR VALLEY CONSERVATION DISTRICT Rollin Gardner Chairman Subdivision Review Painted Hills Major Subdivision Auburn, Wyoming November 18, 2022 Location The Painted Hills Major subdivision is located in the South one half of the southeast quarter of Section 20 T32N R119W and the south half of the southwest quarter of the southeast quarter of Section 21 T32N R199W, south of Auburn, Wyoming. The proposed subdivision is +/- 241.5 acres and will be divided into 36 lots. Water Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data Base to obtain groundwater information for this property. Well logs from wells in the vicinity indicated the static water level is between 15 and 86 feet below ground surface. According to Surveyor Scherbel’s Office, owner’s agent, the 36 lots will each have individual wells and septic systems. Due to groundwater levels that are close to the surface in this area SVCD recommends soil cuts to determine groundwater levels. In areas in which ground water is high, we recommend an enhanced septic system and shallow or no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level fluctuate according to the amount of high-water runoff from year to year. The Crow Creek Canal District must have maintenance access to the canal that runs through several lots. SVCD highly recommends that no landscaping, such as shrubbery and trees, etc., be placed within fifteen feet of either side of said canal. The lots that border the Crow Creek Canal will have some water rights to the canal. For questions regarding this please contact Alan Linford at 307- 886-3941 or Joe Nield at 307-884-7121. Please see attached map and be aware of drainage from the spring situated on the adjacent property to the west that drains to the east into the Painted Hills Subdivision and creates a pond each year. Salt River The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does not support the designated use for contact recreation use due to elevated levels of fecal coliform bacteria. In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed- planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July 2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ. SVCD continues to monitor the watershed. We have collaborated with landowners to implement fencing and off stream watering for livestock. We also provide a cost share to homeowners to pump septic systems after attending our septic workshops. The Salt River Watershed Plan identifies rural subdivisions as adversely affecting water quality in the Salt River Watershed. Storm water run-off from this subdivision should be managed using best management practices to ensure that pollutants such as storm water runoff, animal wastes, sediment, and fertilizers do not reach the irrigation ditches or other surface waters in the area. National Pollutant Discharge Elimination System (NPDES) The Wyoming Department of Environmental Quality (WYDEQ) requires all construction sites that disturb 1 acre or more to have a construction NPDES permit. The areas do not have to be contiguous. The permit requires construction site operators to implement appropriate erosion and sediment control best management practices, control waste such as discarded building materials, concrete truck wash-out, chemicals, litter, and sanitary wastes. Operators of construction activities must develop a Storm Water Pollution Prevention Plan (SWPPP) that describes the measures to be implemented at the construction site that will eliminate or minimize pollutants from the project from reaching surface waters. The terms and conditions of the permit must be implemented until the land disturbed by construction activities has been ‘finally stabilized.’ Finally stabilized is defined as “all soil disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all disturbed unpaved areas and areas not covered by permanent structures”. If construction will disturb 5 or more acres a stormwater permit from WYDEQ is required. For more information regarding the NPDES requirements please contact Katy Sprouse at 307-777- 7570 (katysprouse@wyo.gove) or 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 16 soil types identified as Buckskin-Decross, undulating (BDC), Bucksin-Decross association, hilly (BDD), Gravel Pits (GP), Greyback-Rooset association, hilly (GRD), Greyback-Rooset association, steep (GRE), Lain-Cowdrey association (LC), Osmund and Mundos gravelly loams, 0 to 3 percent slopes (OnA), Osmund and Mundos gravelly loams 3 to 6 percent slopes (OnB), Paulson silty clay loam, 6 to 10 percent slopes (PaC), Paulson-Rockland complex, 30 to 60 percent slopes, (PKF), Paulson-Lail association (PL), Paulson-Osmund association (PO), Robana silt loam, 10 to 20 percent slopes (RoD), Valleono silty clay loam (Va), Water, (W), Willow Creek-Bozeman association, hilly (WcD). 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 all soil types in this subdivision (BDC, BDD, GP, GRD, GRE, LC, PaC, PKF, PL, PO, RoD , VA, W, WcD) is Very Limited due to Shrink/Swell and Slope, with the exception of the Osmund and Mundos gravelly loams 0 to 3 percent slopes (OnA) and the Osmund and Mundos gravelly loams 3 to 6 percent slope (OnB) and these are not rated. 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 Buckskin- Decross, undulating (BDC) is Very Limited due to slow water movement. For areas with Buckskin Decross association hilly (BDD) is Very Limited due to slow water movement and slope. Areas with Gravel Pit (GP) is not rated. Areas with Greyback-Rooset association, hilly (GRD) is rated at Very Limited due to Slope and Slow Water Movement. Areas of the subdivision with Greyback-Rooset association, steep (GRE) are rated as Very Limited due to slope, slow water movement, and seepage. Areas with Lail Cowdrey association (LC) are rated as Very Limited due to slow water movement and slope. Areas with the Osmund Mundos 0 to 3 percent slopes (OnA) and Osmund Mundos 3 to 6 percent slopes (OnB) are both rated at Somewhat Limited due to slow water movement. For those areas with Paulson silty clay loam, 6 to 10 percent slopes (PaC), Paulson-Rockland complex, 30 to 60 percent slopes, (PKF), Paulson- Lail association (PL), Paulson-Osmund association (PO), are all rated as Somewhat Limited due to slow water movement and slope. Those areas with Robana silt loam, 10 to 20 percent slopes (RoD), is rated as Very Limited due to slope and slow water movement. For areas with Valleono silty clay loam (Va), this rating is Very Limited for seepage and slow water movement. For areas containing Water (W) it is not rated. For areas containing the Willow Creek-Bozeman association, hilly (WcD) the rating is Very Limited due to slope and slow water movement. Roads and streets: The degree of limitations for roads and streets for areas containing Buckskin- Decross, undulating (BDC), and Bucksin-Decross association, hilly (BDD), are rated as Very Limited due to frost action, low strength, and shrink-swell. Gravel Pits (GP) are not rated. Areas containing Greyback-Rooset association, hilly (GRD),Greyback-Rooset association, steep (GRE), Lain-Cowdrey association (LC), Paulson silty clay loam, 6 to 10 percent slopes (PaC), Paulson-Rockland complex, 30 to 60 percent slopes, (PKF), Paulson-Lail association (PL), Paulson-Osmund association (PO), Robana silt loam, 10 to 20 percent slopes (RoD), Valleono silty clay loam (Va), and Creek-Bozeman association, hilly (WcD)are rated as Very Limited due to frost action, slope, low strength, and shrink-swell. Areas containing Osmund and Mundos gravelly loams, 0 to 3 percent slopes (OnA), and Osmund and Mundos gravelly loams 3 to 6 percent slopes (OnB) are rated Very Limited due to frost action. Areas containing Water (W) are not rated. Shallow excavations: The degree of limitations for shallow excavations for areas containing Buckskin-Decross, undulating (BDC), the rating is Somewhat Limited due to cutbanks cave. For areas containing Bucksin-Decross association, hilly (BDD), the rating is listed as Very Limited due to frost action, low strength, shrink-swell, slope. Gravel Pits (GP) are not rated. Areas containing Greyback-Rooset association, hilly (GRD), and Greyback-Rooset association, steep (GRE) are both rated as Very Limited due to slope and cutbanks cave. Areas containing Lain-Cowdrey association (LC) are rated as Very Limited due to slope, cutbanks cave, and too clayey. Areas containing Osmund and Mundos gravelly loams, 0 to 3 percent slopes (OnA), and Osmund and Mundos gravelly loams 3 to 6 percent slopes (OnB), are rated as Very Limited due to cutbanks cave. Areas with Paulson silty clay loam, 6 to 10 percent slopes (PaC) are rated as somewhat limited due to cutbanks cave, and slope. Areas containing Paulson-Rockland complex, 30 to 60 percent slopes, (PKF), Paulson-Lail association (PL), Paulson-Osmund association (PO), and Robana silt loam, 10 to 20 percent slopes (RoD), are rated as Very Limited due to slope and cutbanks cave. Areas with Valleono silty clay loam (Va), are rated as Very Limited due to cutbanks cave and too clayey. Areas listed as Water, (W) are not rated. Areas containing Willow Creek-Bozeman association, hilly (WcD) are rated as Very Limited due to slope and cutbanks cave. Erosion Hazard: The erosion hazard of natural surface roads and construction sites for areas containing Buckskin-Decross, undulating (BDC), is rated as Slight/Moderate due to slope/erodibility. For areas containing Bucksin-Decross association, hilly (BDD) the rating is listed as Moderate/ Severe due to slope/erodibility. Areas listed as Gravel Pits (GP) are not rated. Areas containing Greyback-Rooset association, hilly (GRD) are rated at Moderate to Severe due to slope/erodibility. Areas containing Greyback-Rooset association, steep (GRE) and Lain-Cowdrey association (LC), are rated as Severe due to slope/erodibility. Areas containing Osmund and Mundos gravelly loams, 0 to 3 percent slopes (OnA) are rated as slight. Areas containing Osmund and Mundos gravelly loams 3 to 6 percent slopes (OnB) are rated as Slight to Moderate due to slope and erodibility. Areas containing Paulson silty clay loam, 6 to 10 percent slopes (PaC), Paulson-Rockland complex, 30 to 60 percent slopes, (PKF), Paulson-Lail association (PL), Paulson-Osmund association (PO), and Robana silt loam, 10 to 20 percent slopes (RoD) are rated as Severe due to slope/erodibility. Areas containing Valleono silty clay loam (Va) the rating is listed as slight. Those areas listed as Water, (W) are not rated. Areas containing Willow Creek- Bozeman association, hilly (WcD) are rated as Moderate to Severe due to slope/erodibility. To avoid potential erosion or sedimentation problems all disturbed areas during subdivision construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment control best management practices should be installed and maintained for the duration of the project. Landscaping: Due to the Crow Creek Canal running through part of this subdivision, the lots that have the canal running through them do have some water rights. The Crow Creek Canal District must have access to the canal for maintenance. SVCD recommends that landscaping on the lots that border the canal leave a 15-foot area on either side of the canal free of any landscaping other than grasses. For more any questions, please contact Alan Linford, 307-886-3941 or Joe Nield, 307-884- 7121. 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 their recommendations and requirements on mitigating the Musk Thistle found on the property. Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a discount to landowners. Check with Weed and Pest to see if you qualify. They also offer ATV sprayers and 25-gallon pickup sprayers for rent. All visits to the property as well as any consultations are at no charge. To contact Lincoln County Weed and Pest call 307-885-9333 (WEED). Small Acreage Grazing/Livestock Management Please be aware, grazing animals on small acreages can have a significant impact on the condition of soil, water, plants, and other natural resources. Care should be taken to ensure agricultural activities such as grazing, corrals, pastures, feedlots, animal waste storage or spreading does not take place within any wellhead protection zone. Best management practices should be implemented on these parcels to ensure animal wastes does not reach spring or Salt River during times of high water, snow melt, or storm run-off. This can be done by using berms, filters strips, grassed swales and catch ponds. The SVCD recommends the individual lot owners obtain a site-specific grazing and waste management conservation plan from the local Natural Resources Conservation Service office in Afton. The plans are provided free of charge. For more information, please contact Adam Clark at 307-886-9001 ext. 109 or by email at adam.p.clark@usda.gov. Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD 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 should know that, by state statute, the Wyoming Game and Fish Department is not liable for damage caused to ornamental plants by wildlife. The potential exists for wildlife conflicts, especially between wildlife and free-ranging domestic pets. The landowner should take precautions to minimize harassment of wildlife by dogs and cats. It is illegal to allow pets to chase or kill wildlife. Likewise, rural landowners should recognize that black bears, mountain lions, and other carnivores may come near their dwellings and may pose a threat to pets allowed to range freely. Sensitive Species and Historical Resources Sensitive, threatened, or endangered species were not evaluated as part of this review. STAR VALLEY CONSERVATION DISTRICT Kay Lynn Nield District Manager Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community±Date: 12/7/2022 1:9,028 0 0.1 0.20.05 mi Web AppBuilder for ArcGIS Major Rivers/Streams Township & Range Lines Section Lines Major Water Bodies Roads Municipal Roads US Highways WY Highways County Roads Other Named Roads Municipal Boundaries Parcels (Approximate) © Lincoln County This map is made possible through a joint effort of theOffices of Lincoln County Planning & Zoning and theAssessor's Office. This map is for locational andinformational purposes only. No depiction should beconstrued to be an official survey of land. Accuracy ofdata contained or depicted is neither warranted norassumed. Always contact a qualified surveyor forconfirmation of property boundaries. Soil Map—Star Valley Area, Wyoming-Idaho Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/3/2021 Page 1 of 34731200473140047316004731800473200047322004732400473260047312004731400473160047318004732000473220047324004732600498100498300498500498700498900499100499300499500499700499900500100500300 498100 498300 498500 498700 498900 499100 499300 499500 499700 499900 500100 500300 42° 44' 47'' N 111° 1' 27'' W42° 44' 47'' N110° 59' 42'' W42° 43' 57'' N 111° 1' 27'' W42° 43' 57'' N 110° 59' 42'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 0 500 1000 2000 3000 Feet 0 150 300 600 900 Meters Map Scale: 1:10,900 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 11/3/2021 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI BDC Buckskin-Decross association, undulating 0.5 0.2% BDD Buckskin-Decross association, hilly 27.8 11.6% GP Gravel pits 9.7 4.0% GRD Greyback-Rooset association, hilly 29.1 12.2% GRE Greyback-Rooset association, steep 10.9 4.5% LC Lail-Cowdrey association 3.6 1.5% OnA Osmund and Mundos gravelly loams, 0 to 3 percent slopes 25.4 10.6% OnB Osmund and Mundos gravelly loams, 3 to 6 percent slopes 0.0 0.0% PaC Paulson silty clay loam, 6 to 10 percent slopes 7.2 3.0% PKF Paulson-Rockland complex, 30 to 60 percent slopes 5.1 2.1% PL Paulson-Lail association 43.2 18.0% PO Paulson-Osmund association 9.5 4.0% RoD Robana silt loam, 10 to 20 percent slopes 37.2 15.5% Va Valleono silty clay loam 6.7 2.8% W Water 0.6 0.3% WcD Willow Creek-Bozeman association, hilly 23.0 9.6% Totals for Area of Interest 239.5 100.0% Soil Map—Star Valley Area, Wyoming-Idaho Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/3/2021 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 BDC: 50Buckskin Very limited Very limited Very limited Shrink-swell 1.00 Shrink-swell 1.00 Shrink-swell 1.00 Slope 0.88 40Decross Somewhat limited Somewhat limited Somewhat limited Shrink-swell 0.50 Shrink-swell 0.50 Slope 0.88 Shrink-swell 0.50 5Robana sil Not rated Not rated Not rated 3Bozeman sil Not rated Not rated Not rated 2Willow Creek sil Not rated Not rated Not rated BDD: 60Buckskin Very limited Very limited Very limited Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 Slope 1.00 Slope 1.00 Shrink-swell 1.00 30Decross Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 5Robana sil Not rated Not rated Not rated 3Rooset gr-l Not rated Not rated Not rated 2Cowdrey cl Not rated Not rated Not rated GP: 100Gravel pits Not rated Not rated Not rated GRD: 30Decross Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 30Greyback Very limited Very limited Very limited Slope 1.00 Slope 1.00 Slope 1.00 Page 1 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 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 Dwellings without basements Dwellings with basements Small commercial buildings GRD: 30Rooset Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 5Robana sil Not rated Not rated Not rated 5Willow Creek sil Not rated Not rated Not rated GRE: 40Greyback Very limited Very limited Very limited Slope 1.00 Slope 1.00 Slope 1.00 30Rooset Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 20Decross Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 10Robana sil Not rated Not rated Not rated LC: 50Lail Very limited Very limited Very limited Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 30Cowdrey Very limited Very limited Very limited Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 7Buckskin sil Not rated Not rated Not rated 7Paulson sicl Not rated Not rated Not rated 6Rock outcrop Not rated Not rated Not rated OnA: 40Mundos Not limited Not limited Not limited 40Osmund Not limited Not limited Not limited 7Hobacker gr-l Not rated Not rated Not rated Page 2 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 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 Dwellings without basements Dwellings with basements Small commercial buildings OnA: 7Mundos l Not rated Not rated Not rated 6Osmund l Not rated Not rated Not rated OnB: 45Osmund Not limited Not limited Somewhat limited Slope 0.13 40Mundos Not limited Not limited Somewhat limited Slope 0.13 15Hobacker gr-l Not rated Not rated Not rated PaC: 90Paulson Very limited Very limited Very limited Shrink-swell 1.00 Slope 0.01 Shrink-swell 1.00 Slope 0.01 Shrink-swell 1.00 Slope 1.00 10Unnamed deep sil Not rated Not rated Not rated PKF: 40Paulson Very limited Very limited Very limited Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 35Rockland Not rated Not rated Not rated 5Lail sil Not rated Not rated Not rated 5Unnamed deep cl Not rated Not rated Not rated 5Unnamed deep gr-l Not rated Not rated Not rated 5Unnamed deep st-l Not rated Not rated Not rated 5Unnamed shallow sicl Not rated Not rated Not rated PL: 50Paulson Very limited Very limited Very limited Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 Slope 1.00 Page 3 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 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 Dwellings without basements Dwellings with basements Small commercial buildings PL: 20Lail Very limited Very limited Very limited Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 Slope 1.00 10Rockland Not rated Not rated Not rated 10Unnamed shallow sicl Not rated Not rated Not rated 5Unnamed deep cl Not rated Not rated Not rated 5Unnamed deep gr-l Not rated Not rated Not rated PO: 45Paulson Very limited Very limited Very limited Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 Slope 1.00 Shrink-swell 1.00 35Osmund Very limited Very limited Very limited Slope 1.00 Slope 1.00 Slope 1.00 10Rockland Not rated Not rated Not rated 10Unnamed deep gr-l Not rated Not rated Not rated RoD: 85Robana Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 10Willow Creek sil Not rated Not rated Not rated 5Bozeman sil Not rated Not rated Not rated Va: 75Valleono Very limited Not limited Very limited Shrink-swell 1.00 Shrink-swell 1.00 15Paulson sicl Not rated Not rated Not rated 5Leavittville sil Not rated Not rated Not rated 5Osmund l Not rated Not rated Not rated Page 4 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 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 Dwellings without basements Dwellings with basements Small commercial buildings W: 100Water Not rated Not rated Not rated WcD: 40Willow Creek Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Slope 1.00 Slope 1.00 Shrink-swell 0.50 25Bozeman Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Slope 1.00 Slope 1.00 Shrink-swell 0.50 25Robana Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Shrink-swell 0.50 10Unnamed very deep sil Not rated Not rated Not rated Page 5 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 6 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 BDC: 50Buckskin Very limited Very limited Slow water movement 1.00 Slope 1.00 Seepage 0.53 40Decross Somewhat limited Very limited Slow water movement 0.46 Slope 1.00 Seepage 0.53 5Robana sil Not rated Not rated 3Bozeman sil Not rated Not rated 2Willow Creek sil Not rated Not rated BDD: 60Buckskin Very limited Very limited Slow water movement 1.00 Slope 1.00 Slope 1.00 30Decross Very limited Very limited Slope 1.00 Slow water movement 0.46 Slope 1.00 Seepage 0.53 5Robana sil Not rated Not rated 3Rooset gr-l Not rated Not rated 2Cowdrey cl Not rated Not rated GP: 100Gravel pits Not rated Not rated GRD: 30Decross Very limited Very limited Slope 1.00 Slow water movement 0.46 Slope 1.00 Seepage 0.53 30Greyback Very limited Very limited Seepage 1.00 Slope 1.00 Slope 1.00 Seepage 1.00 Page 1 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 Septic tank absorption fields Sewage lagoons GRD: 30Rooset Very limited Very limited Slow water movement 1.00 Slope 1.00 Slope 1.00 5Robana sil Not rated Not rated 5Willow Creek sil Not rated Not rated GRE: 40Greyback Very limited Very limited Slope 1.00 Seepage 1.00 Slope 1.00 Seepage 1.00 30Rooset Very limited Very limited Slope 1.00 Slow water movement 1.00 Slope 1.00 20Decross Very limited Very limited Slope 1.00 Slow water movement 0.46 Slope 1.00 Seepage 0.53 10Robana sil Not rated Not rated LC: 50Lail Very limited Very limited Slow water movement 1.00 Slope 1.00 Slope 1.00 30Cowdrey Very limited Very limited Slow water movement 1.00 Slope 1.00 Slope 1.00 Seepage 0.53 7Buckskin sil Not rated Not rated 7Paulson sicl Not rated Not rated 6Rock outcrop Not rated Not rated OnA: 40Mundos Somewhat limited Somewhat limited Slow water movement 0.46 Seepage 0.53 40Osmund Somewhat limited Somewhat limited Slow water movement 0.46 Seepage 0.53 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 Septic tank absorption fields Sewage lagoons OnA: 7Hobacker gr-l Not rated Not rated 7Mundos l Not rated Not rated 6Osmund l Not rated Not rated OnB: 45Osmund Somewhat limited Somewhat limited Slow water movement 0.46 Slope 0.68 Seepage 0.53 40Mundos Somewhat limited Somewhat limited Slow water movement 0.46 Slope 0.68 Seepage 0.53 15Hobacker gr-l Not rated Not rated PaC: 90Paulson Very limited Very limited Slow water movement 1.00 Slope 0.01 Slope 1.00 Seepage 0.53 10Unnamed deep sil Not rated Not rated PKF: 40Paulson Very limited Very limited Slow water movement 1.00 Slope 1.00 Slope 1.00 Seepage 0.53 35Rockland Not rated Not rated 5Lail sil Not rated Not rated 5Unnamed deep cl Not rated Not rated 5Unnamed deep gr-l Not rated Not rated 5Unnamed deep st-l Not rated Not rated 5Unnamed shallow sicl Not rated Not rated Page 3 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 Septic tank absorption fields Sewage lagoons PL: 50Paulson Very limited Very limited Slow water movement 1.00 Slope 1.00 Slope 1.00 Seepage 0.53 20Lail Very limited Very limited Slow water movement 1.00 Slope 1.00 Slope 1.00 10Rockland Not rated Not rated 10Unnamed shallow sicl Not rated Not rated 5Unnamed deep cl Not rated Not rated 5Unnamed deep gr-l Not rated Not rated PO: 45Paulson Very limited Very limited Slow water movement 1.00 Slope 1.00 Slope 1.00 Seepage 0.53 35Osmund Very limited Very limited Slope 1.00 Slow water movement 0.46 Slope 1.00 Seepage 0.53 10Rockland Not rated Not rated 10Unnamed deep gr-l Not rated Not rated RoD: 85Robana Very limited Very limited Slope 1.00 Slow water movement 0.46 Slope 1.00 Seepage 0.53 10Willow Creek sil Not rated Not rated 5Bozeman sil Not rated Not rated Va: 75Valleono Very limited Very limited Seepage 1.00 Slow water movement 0.46 Seepage 1.00 15Paulson sicl Not rated Not rated Page 4 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 Septic tank absorption fields Sewage lagoons Va: 5Leavittville sil Not rated Not rated 5Osmund l Not rated Not rated W: 100Water Not rated Not rated WcD: 40Willow Creek Very limited Very limited Slope 1.00 Slow water movement 0.46 Slope 1.00 Seepage 0.53 25Bozeman Very limited Very limited Slope 1.00 Slow water movement 0.46 Slope 1.00 Seepage 0.53 25Robana Very limited Very limited Slope 1.00 Slow water movement 0.46 Slope 1.00 Seepage 0.53 10Unnamed very deep sil Not rated Not rated Page 5 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 6 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 BDC: 50Buckskin Moderate Slight Slope/erodibility 0.50 40Decross Moderate Slight Slope/erodibility 0.50 5Robana sil Not rated Not rated 3Bozeman sil Not rated Not rated 2Willow Creek sil Not rated Not rated BDD: 60Buckskin Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 30Decross Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 5Robana sil Not rated Not rated 3Rooset gr-l Not rated Not rated 2Cowdrey cl Not rated Not rated GP: 100Gravel pits Not rated Not rated GRD: 30Decross Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 30Greyback Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 30Rooset Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 5Robana 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 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 Potential Erosion of Unsurfaced Roads and Trails Potential Erosion of Construction Sites GRD: 5Willow Creek sil Not rated Not rated GRE: 40Greyback Severe Severe Slope/erodibility 0.95 Slope/erodibility 0.75 30Rooset Severe Severe Slope/erodibility 0.95 Slope/erodibility 0.75 20Decross Severe Severe Slope/erodibility 0.95 Slope/erodibility 0.75 10Robana sil Not rated Not rated LC: 50Lail Severe Severe Slope/erodibility 0.95 Slope/erodibility 0.75 30Cowdrey Severe Severe Slope/erodibility 0.95 Slope/erodibility 0.75 7Buckskin sil Not rated Not rated 7Paulson sicl Not rated Not rated 6Rock outcrop Not rated Not rated OnA: 40Mundos Slight Slight 40Osmund Slight Slight 7Hobacker gr-l Not rated Not rated 7Mundos l Not rated Not rated 6Osmund l Not rated Not rated OnB: 45Osmund Moderate Slight Slope/erodibility 0.50 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 Potential Erosion of Unsurfaced Roads and Trails Potential Erosion of Construction Sites OnB: 40Mundos Moderate Slight Slope/erodibility 0.50 15Hobacker gr-l Not rated Not rated PaC: 90Paulson Moderate Slight Slope/erodibility 0.50 10Unnamed deep sil Not rated Not rated PKF: 40Paulson Severe Severe Slope/erodibility 0.95 Slope/erodibility 0.75 35Rockland Not rated Not rated 5Lail sil Not rated Not rated 5Unnamed deep cl Not rated Not rated 5Unnamed deep gr-l Not rated Not rated 5Unnamed deep st-l Not rated Not rated 5Unnamed shallow sicl Not rated Not rated PL: 50Paulson Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 20Lail Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 10Rockland Not rated Not rated 10Unnamed shallow sicl Not rated Not rated 5Unnamed deep cl Not rated Not rated 5Unnamed deep gr-l Not rated Not rated Page 3 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 Potential Erosion of Unsurfaced Roads and Trails Potential Erosion of Construction Sites PO: 45Paulson Severe Severe Slope/erodibility 0.95 Slope/erodibility 0.75 35Osmund Severe Severe Slope/erodibility 0.95 Slope/erodibility 0.75 10Rockland Not rated Not rated 10Unnamed deep gr-l Not rated Not rated RoD: 85Robana Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 10Willow Creek sil Not rated Not rated 5Bozeman sil Not rated Not rated Va: 75Valleono Slight Slight 15Paulson sicl Not rated Not rated 5Leavittville sil Not rated Not rated 5Osmund l Not rated Not rated W: 100Water Not rated Not rated WcD: 40Willow Creek Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 25Bozeman Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 25Robana Severe Moderate Slope/erodibility 0.95 Slope/erodibility 0.50 10Unnamed very deep sil Not rated Not rated Page 4 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 5 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 BDC: 50Buckskin Very limited Somewhat limited Not limited Frost action 1.00 Low strength 1.00 Shrink-swell 1.00 Cutbanks cave 0.10 40Decross Very limited Somewhat limited Not limited Frost action 1.00 Low strength 1.00 Shrink-swell 0.50 Cutbanks cave 0.10 5Robana sil Not rated Not rated Not rated 3Bozeman sil Not rated Not rated Not rated 2Willow Creek sil Not rated Not rated Not rated BDD: 60Buckskin Very limited Very limited Very limited Frost action 1.00 Low strength 1.00 Shrink-swell 1.00 Slope 1.00 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 30Decross Very limited Very limited Very limited Frost action 1.00 Low strength 1.00 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 5Robana sil Not rated Not rated Not rated 3Rooset gr-l Not rated Not rated Not rated 2Cowdrey cl Not rated Not rated Not rated GP: 100Gravel pits 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 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 Local roads and streets Shallow excavations Lawns and landscaping GRD: 30Decross Very limited Very limited Very limited Frost action 1.00 Slope 1.00 Low strength 1.00 Shrink-swell 0.50 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 30Greyback Very limited Very limited Very limited Slope 1.00 Frost action 0.50 Cutbanks cave 1.00 Slope 1.00 Slope 1.00 Gravel content 0.44 Droughty 0.16 Large stones content 0.03 30Rooset Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Frost action 0.50 Cutbanks cave 1.00 Slope 1.00 Slope 1.00 Gravel content 0.70 Droughty 0.03 Large stones content 0.01 5Robana sil Not rated Not rated Not rated 5Willow Creek sil Not rated Not rated Not rated GRE: 40Greyback Very limited Very limited Very limited Slope 1.00 Frost action 0.50 Slope 1.00 Cutbanks cave 1.00 Slope 1.00 Gravel content 0.44 Droughty 0.16 Large stones content 0.03 30Rooset Very limited Very limited Very limited Slope 1.00 Shrink-swell 0.50 Frost action 0.50 Slope 1.00 Cutbanks cave 1.00 Slope 1.00 Gravel content 0.70 Droughty 0.03 Large stones content 0.01 20Decross Very limited Very limited Very limited Slope 1.00 Frost action 1.00 Low strength 1.00 Shrink-swell 0.50 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 10Robana sil Not rated Not rated Not rated 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 Local roads and streets Shallow excavations Lawns and landscaping LC: 50Lail Very limited Very limited Very limited Slope 1.00 Frost action 1.00 Low strength 1.00 Shrink-swell 1.00 Slope 1.00 Cutbanks cave 0.10 Too clayey 0.03 Slope 1.00 30Cowdrey Very limited Very limited Very limited Slope 1.00 Frost action 1.00 Shrink-swell 1.00 Low strength 1.00 Slope 1.00 Too clayey 0.13 Cutbanks cave 0.10 Slope 1.00 7Buckskin sil Not rated Not rated Not rated 7Paulson sicl Not rated Not rated Not rated 6Rock outcrop Not rated Not rated Not rated OnA: 40Mundos Very limited Very limited Somewhat limited Frost action 1.00 Cutbanks cave 1.00 Gravel content 0.36 Large stones content 0.01 40Osmund Very limited Very limited Somewhat limited Frost action 1.00 Cutbanks cave 1.00 Gravel content 0.44 Large stones content 0.03 7Hobacker gr-l Not rated Not rated Not rated 7Mundos l Not rated Not rated Not rated 6Osmund l Not rated Not rated Not rated OnB: 45Osmund Very limited Very limited Somewhat limited Frost action 1.00 Cutbanks cave 1.00 Gravel content 0.44 Large stones content 0.03 40Mundos Very limited Very limited Somewhat limited Frost action 1.00 Cutbanks cave 1.00 Gravel content 0.36 Large stones content 0.01 15Hobacker gr-l Not rated Not rated Not rated Page 3 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 Local roads and streets Shallow excavations Lawns and landscaping PaC: 90Paulson Very limited Somewhat limited Somewhat limited Frost action 1.00 Low strength 1.00 Shrink-swell 1.00 Slope 0.01 Cutbanks cave 0.10 Slope 0.01 Slope 0.01 10Unnamed deep sil Not rated Not rated Not rated PKF: 40Paulson Very limited Very limited Very limited Slope 1.00 Frost action 1.00 Low strength 1.00 Shrink-swell 1.00 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 35Rockland Not rated Not rated Not rated 5Lail sil Not rated Not rated Not rated 5Unnamed deep cl Not rated Not rated Not rated 5Unnamed deep gr-l Not rated Not rated Not rated 5Unnamed deep st-l Not rated Not rated Not rated 5Unnamed shallow sicl Not rated Not rated Not rated PL: 50Paulson Very limited Very limited Very limited Frost action 1.00 Low strength 1.00 Shrink-swell 1.00 Slope 1.00 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 20Lail Very limited Very limited Very limited Frost action 1.00 Low strength 1.00 Shrink-swell 1.00 Slope 1.00 Slope 1.00 Cutbanks cave 0.10 Too clayey 0.03 Slope 1.00 10Rockland Not rated Not rated Not rated 10Unnamed shallow sicl Not rated Not rated Not rated Page 4 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 Local roads and streets Shallow excavations Lawns and landscaping PL: 5Unnamed deep cl Not rated Not rated Not rated 5Unnamed deep gr-l Not rated Not rated Not rated PO: 45Paulson Very limited Very limited Very limited Slope 1.00 Frost action 1.00 Low strength 1.00 Shrink-swell 1.00 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 35Osmund Very limited Very limited Very limited Slope 1.00 Frost action 1.00 Slope 1.00 Cutbanks cave 1.00 Slope 1.00 Gravel content 0.59 10Rockland Not rated Not rated Not rated 10Unnamed deep gr-l Not rated Not rated Not rated RoD: 85Robana Very limited Very limited Very limited Frost action 1.00 Low strength 1.00 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 10Willow Creek sil Not rated Not rated Not rated 5Bozeman sil Not rated Not rated Not rated Va: 75Valleono Very limited Very limited Not limited Frost action 1.00 Low strength 1.00 Shrink-swell 1.00 Cutbanks cave 1.00 Too clayey 0.13 15Paulson sicl Not rated Not rated Not rated 5Leavittville sil Not rated Not rated Not rated 5Osmund l Not rated Not rated Not rated W: 100Water Not rated Not rated Not rated Page 5 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 Local roads and streets Shallow excavations Lawns and landscaping WcD: 40Willow Creek Very limited Very limited Very limited Frost action 1.00 Low strength 1.00 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 25Bozeman Very limited Very limited Very limited Frost action 1.00 Low strength 1.00 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 25Robana Very limited Very limited Very limited Frost action 1.00 Low strength 1.00 Slope 1.00 Shrink-swell 0.50 Slope 1.00 Cutbanks cave 0.10 Slope 1.00 10Unnamed very deep sil Not rated Not rated Not rated Page 6 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 7 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 November 30, 2021 Kay Lynn Neild, I have received the proposal for the Kevin Kilroy, Manager of Meadows Holding Company, LLC - Subdivision located at Section 21, T32N R119W in Lincoln County, Wyoming. I inspected this area and found some Musk Thistle. Musk Thistle is on the State noxious list and need to be treated. The landowner can treat this issue themselves or hire a commercial applicator. They can feel free to call Lincoln County Weed and Pest for help on a weed management plan or a list of Commercial applicators. Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a 40% cost share discount to the landowner. We also offer ATV sprayers and 25 gallon pickup sprayers for rent. Please know that all of my visits to the above property as well as any consultations are at no charge, so feel free to call me or stop by the office any time if you have any questions. Sincerely, Jason Trauntvein Lincoln County Weed & Pest Control State Engineer’s Office HERSCHLER BUILDING,2 WEST CHEYENNE,WYOMING 82002 (307)777-6150 MARK GORDON GOVERNOR BRANDON GEBHART,P.E. STATE ENGINEER March 9,2023 Lincoln County Board of Commissioners 925 Sage Ave.,Suite 302 Kemmerer,WY 83101 commission@lcwy.org RE:Painted Hills Subdivision (DEQ 2023-056),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 in part of the S1/2 of Sections 20 and 21,T32N,R119W, Lincoln County,Wyoming.The subdivision consists of 35 lots.Water supply is proposed to be provided by individual on lot wells.Based upon the review of both the subdivision application and a preliminary search of the agency’s water rights database,the State Engineer’s Office offers the following: Our office reviewed the referenced submittal in compliance with W.S.18-5-306.We find that in respect to W.S.18-5-306(a)(xi)the subdivider needs to address the following items: 1.Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permit P284.0E and T1705.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 P42799.0W and P201654.0W.Our office recommends that the subdivider provide GPS coordinates for the wells and the legal location description including subdivision name and lot number,as well as the legal location description including subdivision name and lot number of where the domestic and stock uses are occurring.This action can be filed via official request to our office to update records along with a warranty deed showing current ownership of the property. Additional Comments: 3.An approved permit from the Wyoming State Engineer’s Office is required prior to the drilling of any water well.The procurement of the necessary and appropriate State Engineer water right permit allows the applicant to attempt to develop a water supply adequate to meet the proposed needs,and is no guarantee that any water will be physically available. Surface Water Ground Water Board of Control (307)777-6475 (307)777-6163 (307)777-6178 4.If any new wells are proposed,they must be constructed in accordance with the State Engineer’s Office Rules and Regulations,Part III,Water Well Minimum Construction Standards. 5.Any well not to be used must be properly plugged and abandoned as outlined in the above referenced rules and regulations. 6.Any wells developed for uses that do NOT fall within the definition of domestic or stock use require adjudication by the Board of Control. 7.The water right search revealed other existing water rights attached to the subdivision lands.Those water rights must be addressed as outlined in Wyoming Statute 18-5-306(a)(xi).To date,the State Engineer’s Office has not received any paperwork addressing the intended disposition of the water rights. Wyoming Statute 18-5-306(a)(xi): (xi)With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior to final approval of the subdivision permit,the subdivider shall provide the following: (A)The intended disposition of the water rights,by: (I)Written documentation from the state engineer or the state board of control that the subdivider submitted to the state engineer or the state board of control all documents necessary to voluntarily abandon the water rights,cancel any unadjudicated permits or eliminate applicable lands from any unadjudicated permits.The subdivider shall notify any purchasers of this action; (II)Written documentation from the state board of control that the subdivider has submitted to the state board of control all documents necessary to change the use or place of use to provide for beneficial use of the water rights outside the subdivision; (III)A plan,accompanied by written documentation from the state engineer approving the plan,for the distribution of the water rights appurtenant to the land to be subdivided.The plan shall specify the distribution of the water to the lots within the subdivision and shall include written documentation from the state board of control that the subdivider submitted to the state board of control all documents necessary to change the use,place of use or point of diversion or means of conveyance in accordance with W.S.41-3-103,41-3-104 or 41-3-114;or (IV)Written documentation from the state board of control that it has accepted an authorization to detach water rights appurtenant to the lands to be subdivided in accordance with rules and regulations promulgated by the state board of control. (B)If the subdivision is located within lands served by or crossed by a ditch,irrigation works or other water conveyance system,evidence that the subdivider submitted the plan to the public entity, company,association or appropriators responsible for the ditch,irrigation works or other water conveyance system for review and recommendation at least sixty (60)days prior to the submittal of the application for the subdivision permit to the board.Upon receipt of the plan,the public entity, company,association or appropriators shall notify the subdivider if and how the subdivision will create a significant additional burden or risk of liability; (C)Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision the subdivider's intent to comply with this paragraph and that the subdivider does not warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision.The subdivider shall further state that Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river; (D)If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41,chapter 7 of the Wyoming statutes,the application shall include recommendations from the irrigation district regarding any changes to the attached water rights and the irrigation district's easements.If there is a conflict with the irrigation district's recommendations, the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with the irrigation district;and (E)If the subdivision will create a significant additional burden or risk of liability to the public entity, company,association or appropriators responsible for the ditch,irrigation works or other water conveyance system,the subdivider shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability and evidence that the subdivider submitted the plan to the public entity,company,association or appropriators for review and recommendation regarding the adequacy of the plan. In all correspondence regarding this application,please reference “State Engineer Subdivision Review Number 2023-6-12”. 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:Mark Baron,P.E.,Southwest District Engineer,Wyoming Water Quality Division 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 S/D Eclipse 3 November 2021 Alan Linford Crow Creek Canal Co. 9590 State Hwy 238 Afton, Wyoming 83110 Re: Meadows Holding Company, LLC – Master Plan of Painted Hills Subdivision – within the S½SE¼ of Section 20 and the S½SW¼, SW¼SE¼ of Section 21, T32N R119W, Lincoln County, Wyoming Dear Alan, Our client, Kevin Kilroy, Manager of Meadows Holding Company, LLC, intends to divide his property into thirty (35) lots residential subdivision lots. A portion of the property east of the Crow Creek Canal has an irrigation water right out of Crow Creek through the Crow Creek Canal. Enclosed please find an advance plat depicting the property involved. Per Wyoming State Statues, 18-5-306 (a) (xi) (B), “If the subdivision is located within lands, served by or crossed by a ditch, irrigation company or association or by an unorganized ditch, evidence that the plan has been submitted at least sixty (60) days to the submittal of the application for the subdivision permit to the company, or association, or the remaining appropriators in the case of an unorganized ditch for their review and recommendations” This letter serves as a notice of the intent to subdivide. A water right distribution plan for the lots east of Crow Creek Canal will be prepared and filed with the State Engineer’s office. A print will be delivered to you for your review and comments prior to submitting to the State Engineer’s Office. If you have any questions, please contact our office. Sincerely, SURVEYOR SCHERBEL, LTD. Jamie DeCora enclosure Robert Davis <robert.davis@lcwy.org> file # 102 VA 23 1 message Kim Cazier <cazierclan@gmail.com>Mon, Dec 26, 2022 at 7:25 PM To: planning@lcwy.org To whom it may concern: I am emailing you in regards to the above mentioned file with concerns of the new Painted Hills Subdivision proposal. My property is directly southeast of this proposed subdivision and I have concerns about the sewer systems and wells that will be needed for these lots. I feel that all sewage will naturally migrate downhill, onto my land. My land is actively farmed and used to feed my animals. Having this much waste gravitate onto my property will drastically damage my hay crop and the health of my cattle. Also, the wells that will be needed to support these lots will quickly drain the upper aquifers as well as the lower aquifers, affecting my well and personal water usage. I have owned my property for over 30 years, and it has been in my family for over 100 years. By supporting this development, I am putting myself and my family at risk of not having enough water for our needs. I feel that it would be appropriate to suggest that this subdivision, if it is allowed, should have one community well, not individual wells. With our country being in such a state of drought that it has been for the past several years, allowing more wells to be dug will be very detrimental to the farmers that are still left in this valley. Furthermore, I have been running a small herd of cattle for many years, I plan to continue to run my cattle on my land regardless of complaints that may come about from people building near my home and property. I also have chickens and peacocks that my family enjoys. Having been subject to this issue in the past, I know that this will come up eventually. Also, we have had barely enough water in the irrigation canal to support the farmland the past couple of years, having 9 lots being proposed directly through the canal will have a massive effect on the farmers with water rights. Those of us with water rights should not have to become subject to those landowners who will want to dictate when they have water in their part of the canal and when they don't. 9 lots through the irrigation canal opens up a lot of controversy about who gets to use what water and when, even if they do not have water rights. This proposal will put a great burden on the water master for all people in this area. Sincerely, Chad & Kim Cazier