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HomeMy WebLinkAbout106 MA 23 Lost Creek Packet 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 # 106 MA 23 APPLICANTS: WSP Partners, LLC PROJECT NAME: Lost Creek Meadows Subdivision – Preliminary Plat COMMUNITY PLAN AREA: Thayne ZONING: Rural PIN: 3418-172-00-038 & 3418-171-00-002 SURVEYOR: Surveyor Scherbel, Ltd. PLANNER: Robert C. Davis _____________________________________________________________________________________ PROPOSAL: To subdivide approximately 128.43 acres into 25 residential lots in the Rural zone at a potential density of .389 units/acre. Each lot will have individual wells, and individual septic systems that meet Wyoming DEQ Standards. The site is adjacent to single family residential uses to the north, west and south and agricultural uses directly to the east. A 25-foot agricultural buffer has been provided on the east boundary. The site will be accessed from County Road # 12-419 Ross County Road. The subdivision provides two ingress and egress points and meets International Fire Code standards. LOCATION: Property is just 1.12 miles south of the municipal boundary of the Town of Star Valley Ranch and 1.06 miles northeast of the Town of Thayne in Section 19, Township 34 North, Range 118 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 # 101 MA 23 a Major Subdivision Preliminary Plat, with: ● Findings of Approval A thru C. ● Conditions of Approval 1 thru 8. ● A Recommendation for the Board Chairman to sign the Development Agreement. 2 Relevant Issues - Lost Creek Lots 1-6 have Lost Creek running through the North end. The Preliminary Plat reflects a 50-foot setback from the creek for Lots 1- 6. Ross Road The subdivision will require Ross Road to be improved. The north 600 feet of Ross Road (County Road 12-419) right-of-way is only 30 feet wide. The developer has title to the 30 feet east of the county right- of-way and is willing to convey title to Lincoln County in order to complete the county road. The conveyance would be completed simultaneously with the filing of the final plat. The category of Ross Road was changed from Primitive to Standard at a May 16, 2023 Public Hearing. As per a Public Hearing on May 16, 2023, the Commissioners moved to amend Ross County Road 12- 419 with options for Category # 1, to change the category of the road from a primitive road to a standard road. Option #1. Change the Category of Ross Road from Primitive to a Standard Road a. Rights-of-way for County Roads shall not be less than sixty (60) feet in width and all proper easements, deeds or dedications shall be secured before the road will be accepted and the category changed. WSP Partners, LLC will work with Lincoln County to secure a sixty (60) foot easement for the County Road. 3 b. The County will maintain the County Road to the end of the Lost Creek Subdivision. The reason for this is there is not a sixty (60) foot right-of-way south of the development. c. The County continues to work on connectivity from Lost Creek County Road 12-120 to Thayne Bedford County Road 12-122. This is as per the Master Transportation Plan. Work to continue to obtain 60’ ROW for the entire length of the County Road. Upgrades for Ross Road will be necessary. The road will need to be 26 feet on top with 8" Subgrade and 4" Crushed Base. The existing culvert may need an extension due to the widening of the road. The County will accept a "Hammerhead" for a turnaround. It was observed the conduit placed in the County Right-of-Way was exposed and not at the minimum depth of 36", as required. A license is required for the conduit to be placed in the Right-Of-Way and since a license was not granted, the applicant should be fined. Subdivision Road Ross Loop Road was constructed without a permit and according to LUR 6.28 (D) Enforcement, the applicant should be fined for this as well. The road will need to be improved to a 26-foot width with two 12-foot lanes with 1 (one) foot shoulders. In addition, the right angle 90-degree curves will be permitted but there must be consideration for adequate sight distance. The applicant was required to adjust the frontage to the loop road of Lot 1 in order to meet the 38 feet frontage requirement when a lot abuts a street as per LUR 6.11 Lot Design Specifications. Lot 1 is a flag lot and the access creates effectively a T-intersection. The plat will show a shared easement for Lots 1 and 13 in order to accommodate better access for those lots. Staff is recommending giving a portion of the Lot 13 easement to Lot 1 and to also provide Lot 25 with the ability to have access for a better driveway design. As per LUR 6.9 Driveway Access, adequate site distance shall be provided for all lots. The County Engineer’s graphic on the left depicts a site triangle which shall be placed on the plat as an inset to help ensure that no vegetation is to be planted within that triangle. 4 Traffic Study The applicant provided a traffic flow analysis for the proposed subdivision. For the north entrance to Ross Road, the ADT at build out is projected to be 293 trips, the south entrance to Ross Road would provide approximately 270 ADT trips and for a total of 563 average daily trips. This equates to roughly 34 to 56 trips during the peak hour. Ground Water and Septic Systems 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 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. The proposed sewer system will be comprised of on-site septic tanks and leach field. Notes have been added to the Preliminary Plat for both the groundwater and septic concerns. 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. 2. A Weed Control Plan shall be developed in conjunction with Lincoln County Weed & Pest. 3. The conveyance the Ross Road easement to Lincoln County shall be completed simultaneously with the filing of the Final Plat. 4. Ross Road shall: a. Be 26 feet wide with 8-inch sub-base aggregate and 4 inches of crushed coarse aggregate WYDOT Grading W. b. Establish a drainage ditch on the west side. c. Establish a Hammerhead turnaround. d. Magnesium Chloride shall be applied to Ross Road for dust abatement. 5 e. Obtain a Right-of-Way License for the conduit and the conduit shall meet a minimum 36” deep. 5. Show on the Final Plat a shared easement for Lots 1 and 13 and also provide for Lot 25 the ability for better access to a driveway through an easement. 6. Developer and County shall enter into a Development Agreement to ensure installation of subdivision improvements and preparation of documents, including: a. Construct Ross Road approved subdivision road with the minimum 26’ width travel lane from County Road 12-419 with 8" Subgrade and 4" Crushed Base. b. Extend the existing culvert at Ross Road along with the widening of the road. c. Establish a drainage ditch on the west side. d. Provide an acceptable turnaround preferably a Hammerhead turnaround at the southern end of Ross Road near the project’s southern boundary. e. Improved the existing conduit at Ross Road by placing it at the required 36-inch depth. f. Install electrical power and communication lines. g. Submittal of Water Distribution Plan to the State Engineer’s Office. h. 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. i. Completion of irrigation lines and valves; enabling the development to shut off their system for needed repairs without interruption of water delivery through Lost Creeks Irrigation Main Line. j. Survey monumentation; and k. 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. Provides for a Water Master position to be in charge of maintenance and repair of any irrigation line within the development with the exception of the Lost Creek Irrigation Main Line which crosses the property in a north/south direction. iii. Collects dues and fees per the Lost Creek Irrigation Company dues and fee structure. iv. Provide an entity for ongoing snow removal including the collection of snow removal fees; v. Ensure road maintenance and snow removal are maintained indefinitely. vi. Be filed at the time of final plat filing, and bind all current and future owners to the agreement. 7. 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. 6 8. A Plat Warning be included for sewage and water systems. AGENCY CORRESPONDENCE: The following agencies have provided comment: Lincoln County Weed & Pest: Musk Thistle and Black Henbane has been found in the area. These weeds are on the State noxious list and needs to be treated. The area also has a high probability of Leafy Spurge. The applicant is expected to treat this. 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. 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. They also stated the degree of limitations for dwellings with and without basements is low is some areas and not limited within the proposed subdivision. With regard to sewage disposal, they found that degree for limitation for areas with Greyback Gravelly Loam Soil is very limited due to seepage which means that the soil has one or more features that are unfavorable for the specified use. The WDEQ also recognizes this limitation which has been reflected in the required Plat Warnings #2 and #3. State Engineer's Office: No correspondence has been received at this time. County Engineer: The County Engineer’s Office has contributed to this report. The Lost Creek Irrigation Company (see next page) 7 Wyoming DEQ: DEQ Recommend a Plat Warning with the following text: 1.6 miles northeast of Thayne, Wyoming 5± acres 4.65± acres 9.66 acres 3/2/2023 Page 1 of 10 DEVELOPMENT AGREEMENT LOST CREEK SUBDIVISION FILE NO. #106 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 WSP Partners, LLC., hereinafter referred to as OWNER/DEVELOPER”, whose address is P.O. Box 725, Jackson, WY 83001. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.# 106 MA 23 Subdivision to subdivide approximately 128.43 acres into 25 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 Lost Creek 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. #106 MA 23 Lost Creek 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 WSP Partners, LLC, whose address is P.O. Box 725, Jackson, WY 83001, the party that owns and is developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property. 1.4 PROPERTY: means and refers to the identified approximately 128.4300+/- 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 Ross Road approved subdivision road with the minimum 26’ width travel lane from County Road 12-419 with 8" Subgrade and 4" Crushed Base. o Extend the existing culvert at Ross Road along with the widening of the road. o Establish a drainage ditch on the west side of Ross Road. o Provide an acceptable turnaround preferably a Hammerhead turnaround at the southern end of Ross Road near the project’s southern boundary. o Improved the existing conduit at Ross Road by placing it at the required 36-inch depth. ● 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 Page 3 of 10 and meets all of the conditions of approval set out in the Final Determination approving the Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat shall be signed and recorded. Section 5. Control of trash, weeds, dust, erosion, and sedimentation. The OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land and shall therefore apply before, during, and until completion of Improvements. Section 6. Permits. The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of- way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Section 7. Inspections. The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements. The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of “as built” plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as built” plans and specifications. Upon inspection, the County shall give written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written demand from the County, the OWNER/DEVELOPER shall commence the correction of the Page 4 of 10 deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Section 10. Remedies. In the event the OWNER/DEVELOPER fails to perform any of the terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency under this Agreement, the County, at its option, may exercise any rights and remedies it may have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation, OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. Section 11. Default. If the OWNER/DEVELOPER fails to fully perform any of its obligations in accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion. Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense. Section 13. Maintenance of Roads and Irrigation Lines. 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) Provides for a Water Master position to be in charge of maintenance and repair of any irrigation line within the development with the exception of the Lost Creek Irrigation Main Line which crosses the property in a north/south direction. c) Provides for completion of irrigation lines and valves; enabling the development to shut off their system for needed repairs without interruption of water delivery through Lost Creeks Irrigation Main Line. d) Collects dues and fees per the Lost Creek Irrigation Company dues and fee structure. e) Provide an entity for ongoing snow removal including the collection of snow removal fees. f) Ensure road maintenance and snow removal are maintained indefinitely. g) Be filed at the time of final plat filing, and bind all current and future owners to the agreement. Section 14. Binding Upon Successors. This Development Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives. Page 5 of 10 Section 15. Notices. Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the address set forth below. Notices to the County shall be addressed to, or delivered at, the following address: Lincoln County Board of County Commissioners ATTN: Planning Director Planning and Development Office 421 Jefferson St., Suite 701 Afton, Wyoming, 83110 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: WSP Partners, LLC P.O. Box 725 Jackson, WY 83001 Section 16. Indemnification. A. No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County’s issuance or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees or any third party, against damage or injury of any kind. B. Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1) the County’s review of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The indemnification required herein shall include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Page 6 of 10 Section 17. Amendments or Alterations. Any changes, omissions, modifications, revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument, executed and signed by all parties. Section 18. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Section 20. Authority to Execute. The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners. The OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of record of the Property or the owner’s authorized representative, (2) that it has the right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to authorize the execution, delivery, and performance of this Agreement have been taken, and (4) that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute, law restriction, court order, or Agreement to which the OWNER/DEVELOPER or the subdivision is subject. Section 21. Regulations. The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government. Section 22. Applicable Law/Venue. The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judicial District, Lincoln County, Wyoming. Section 23. Insurance. OWNER/DEVELOPER shall procure, and at all times maintain, general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24. Entirety of Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OWNER/DEVELOPER and County, other Page 7 of 10 than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The County’s failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval, upon any of the violations of Lincoln County Land Use Regulations, or for misrepresentations or material omissions made to the Lincoln County Planning and 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: Page 8 of 10 ________________________________ April Brunski Lincoln County Clerk OWNER/DEVELOPER ________________________________ Date: ______________________ Joey Parker of WSP Partners, LLC, a Wyoming limited liability company STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Joey Parker, Managing Members of WSP Partners, 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 128.43+/- acres within Section 19, Township 34 North, Range 118 West, in, Lincoln County, Wyoming. Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached LOST CREEK MEADOWS SUBDIVISION WATER & WASTEWATER SYSTEM ADEQUACY STUDY October 2022 LOST CREEK MEADOWS SUBDIVISION WATER & WASTEWATER SYSTEM ADEQUACY STUDY October 2022 ______________ Chris McDowell, P.G.Ryan J. Erickson, P.E. WWC Engineering Sunrise Engineering, Inc. 1849 Terra Ave.47 E. 4th Avenue Sheridan, WY 82801 Afton, WY 83110 SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY i WATER & WASTEWATER SYSTEM ADEQUACY STUDY LOST CREEK MEADOWS SUBDIVISION 1.0 INTRODUCTION ....................................................................................... 1 1.1 General Information ............................................................................ 1 1.2 Study Process .................................................................................... 1 2.0 SITE INFORMATION .................................................................................. 2 2.1 Site Location and Topography .............................................................. 2 2.2 Hydrogeologic Setting ......................................................................... 2 2.3 Soil Types .......................................................................................... 5 2.4 Aquifer Characteristics......................................................................... 6 2.4.1 Depth to Groundwater, Aquifer Material and Flow Type ............... 6 2.4.2 Aquifer Thickness, Confinement, and Surface Interaction ............ 7 2.4.3 Transmissivity/Hydraulic Conductivity/Gradient/Porosity ............. 7 2.5 Existing Water Rights .......................................................................... 9 2.5.1 Surface Water ......................................................................... 9 2.5.2 Groundwater ........................................................................... 9 3.0 ON-SITE WASTEWATER SYSTEM ADEQUACY ................................................ 10 3.1 Percolation Rates .............................................................................. 10 3.2 Leach Field Size ................................................................................ 10 3.3 Separation Distances......................................................................... 11 3.4 Shallow Impermeable Layer ............................................................... 11 3.5 Slope of Ground Surface .................................................................... 11 3.6 Depth to Ground Water ..................................................................... 12 3.7 Aquifer Impacts ................................................................................ 12 3.8 Wastewater Conclusions and Recommendations ................................... 15 4.0 ON-LOT WATER WELL ADEQUACY ............................................................... 17 4.1 Water Quantity ................................................................................. 17 4.2 Water Quality ................................................................................... 17 4.3 Water System Conclusions and Recommendations ................................ 18 5.0 REFERENCES ............................................................................................ 19 SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY ii FIGURES APPENDIX A Water Quality Data APPENDIX B Percolation Test Data APPENDIX C Well Statements of Completion APPENDIX D Water Rights Data APPENDIX E Well Permits Within One Mile SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 1 1.0 INTRODUCTION 1.1 General Information The purpose of this study is to evaluate the impact, safety and adequacy of the proposed wastewater treatment systems and water systems for the Lost Creek Meadows Subdivision. The proposed subdivision is located approximately 1 mile south of the Town of Star Valley Ranch in Lincoln County, Wyoming. The project area is located on the valley floor just east of Ross County Road #12-419 within Section 17, Township 34 North, Range 118 West, 6th P.M. Lincoln County, Wyoming. The proposed subdivision consists of twenty-five (25) parcels totaling over approximately 129 acres, with a gross density of 5.14 acres each. Actual lot sizes will range from roughly 4.77 to 9.64 acres. The lots will be utilized for single-family residential use. A vicinity map of the project area is shown as Figure 1,and a draft Preliminary Plat is shown as Figure 5. Under the subdivision rules for the State of Wyoming and Lincoln County, studies must be conducted to determine if the water and wastewater facilities for the proposed subdivision will be safe and adequate. Individual on-site wastewater treatment systems are proposed for the development. Also, individual wells for each lot are proposed for the Lost Creek Meadows Subdivision. 1.2 Study Process This study follows the requirements set forth in Sections 7 and 8 of the Wyoming Department of Environmental Quality (WDEQ) Water Quality Rules and Regulations Chapter 23 (July 2012). This study will determine whether the proposed wastewater systems will be safe for the surrounding environment and will be adequate for treatment of the anticipated wastewater flows. This study will also determine whether the proposed individual wells will provide safe water in adequate quantity and quality. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 2 2.0 SITE INFORMATION 2.1 Site Location and Topography The Lost Creek Meadows Subdivision is located in the Lost Creek area south of Star Valley Ranch near the east bench on the valley floor of Star Valley. The area has relatively flat topography with an average grade of 3% generally draining west toward the Salt River. The project area has no development and was previously used for agricultural purposes as irrigated farmland. There are other single-family residences in the surrounding area, generally on lots of similar size. The Salt River is roughly 3 miles to the west. The northern 6 lots of the proposed subdivision are crossed by Lost Creek which is ephemeral and flows east to west. 2.2 Hydrogeologic Setting As shown on Figure 2, the proposed subdivision is located on an area of coalescing alluvial fans off the Salt River Range to the east and the alluvial deposits associated with the floodplain of the Salt River. The Quaternary-age alluvium in this area is generally composed of unconsolidated sand and gravel interbedded with clay and silt (Forsgren Associates & Weston Engineering 2009). The bedrock beneath these unconsolidated deposits is the Tertiary-age Salt Lake Formation. The Salt Lake Formation is a complex stack of sedimentary rocks – sandstone, shale, and conglomerate – of widely variable hydrogeologic characteristics, up to 1,000 feet thick (Miller et al., 1996).Figure 2 also shows the locations of all wells within one mile of the proposed subdivision. The Wyoming Water Development Commission (WWDC) funded groundwater study for the Town of Star Valley Ranch includes details on a test boring located in the SENE Sec 6 T34N, R118W approximately 1.8 miles north of the proposed subdivision. In the WWDC test boring the unconsolidated alluvial deposits were judged to be 100 ft. thick (Forsgren Associates & Weston Engineering, 2009). Underlying the alluvium, the boring penetrated the underlying Salt Lake Formation to a depth of 492 ft. The degree of consolidation appears to have been the primary distinction between the two units. The WWDC test boring is one of the best described penetrations near the proposed subdivision and is used as a reference for the general stratigraphy and approximate thickness of formations in the region. There are nearby water wells with lithologic logs that are located approximately 0.2 miles southeast (P175293.0W), 0.2 miles southeast (P154393.0W), 0.75 miles southeast (P30432.0W), and 0.3 miles (P96625.0W) to the northeast of the proposed subdivision. The lithologic log from P175293.0W identifies gravel and clay layers consistent with descriptions of alluvial material in the region from 0 to 240 ft which is the total depth of the well. The lithologic log of P154393.0W identifies clay and gravel consistent with descriptions of alluvial material in the region until 187 ft where they encountered “limestone ledging”. The lithologic log of SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 3 P30432.0W identifies gravel and clay layers consistent with descriptions of alluvial material in the region until 240 ft where the driller encountered a layer of “solid rock”. The lithologic log of P96625.0W identified clay and gravel and broken limestone and clay to a depth of 197 ft where the driller encountered a “limestone ledge”. Well P175293.0W did not fully penetrate the alluvium; however, in the other three wells the drillers all identified a rock layer that is likely the base of the alluvium. These wells are further from the basin margin than the WWDC test boring which may explain the thicker alluvial deposits at that location. Due to their proximity to the proposed subdivision these wells have been used as analogs for the thickness of the alluvium in the proposed subdivision. Table 1 is a list of wells within half a mile of the proposed subdivision while a summary of all permitted groundwater rights within one mile of the proposed subdivision is located in Appendix E. A total of 77 active groundwater permits are within one mile of the proposed subdivision and 28 active groundwater permits are within half a mile of the proposed subdivision. The contact between the alluvial deposits and the underlying Salt Lake Formation is indistinct in this area as none of the lithologic logs for the wells in Table 1 include explicit reference to the Salt Lake Formation. For the present report, we assume the unconsolidated aquifer extends to a depth of approximately 200 ft beneath the proposed subdivision. (Detailed distinction between the two units is not critical for the purposes of assessing water / wastewater suitability for this project.) In summary, the aquifer to serve as the water supply for the proposed subdivision consists of the unconsolidated alluvial fan deposits off the mountains to the east, interlayered with the alluvial deposits of the Salt River, which flows from south to north, west of the proposed development. The underlying Salt Lake Formation provides a potential deeper aquifer should the production of the overlying strata prove unsuitable at a specific location. The unconsolidated deposits would also constitute the receiving strata for wastewater effluent from individual septic systems. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 4 Table 1. Water Wells Within Half a Mile Permit Number WR Number Priority Date Summary WR Status Last Name Facility Name Uses Twn Rng Sec Qtr-Qtr Total Flow (CFS)/ Appropriation (GPM) Total depth (Ft) Static Water Level (Ft) Well Log (Y/N) Depth Of Pump Principal Water Bearing Formation Depth Top Principal Water Bearing Formation Depth Bottom Latitude Longitude 167762.0 P167762.0W 05/20/2005 Complete CAPPS 4-C RANCH DOM_GW; STK 034N 118W 18 NW1/4NE1/4 25 100 60 N 90 90 100 42.93795 -110.962317 61107.0 P61107.0W 06/01/1982 Complete HEINER HEINER #2 DOM_GW 034N 118W 07 SE1/4SE1/4 10 107 50 68 107 42.94081 -110.95577 72334.0 P72334.0W 04/21/1986 Complete QUINN QUINN #1 DOM_GW 034N 118W 17 NE1/4NE1/4 10 115 58 -1 -1 42.93725 -110.93644 98330.0 P98330.0W 02/08/1995 Complete ROBERTSON V=2 DOM_GW; STK 034N 118W 18 SW1/4NE1/4 15 120 100 100 120 42.9335 -110.96066 170580.0 P170580.0W 11/09/2005 Complete SHANNONS WAY DOM_GW 034N 118W 18 NE1/4NW1/4 25 120 90 N 105 100 120 42.937883 -110.963467 75547.0 P75547.0W 09/11/1987 Complete ELLIS ELLIS #1 DOM_GW 034N 118W 17 NE1/4NE1/4 5 134 70 70 90 42.93725 -110.93644 147046.0 P147046.0W 09/17/2002 Complete ROBERTSON FLYING J DOM_GW 034N 118W 18 SW1/4NE1/4 15 135 80 130 135 42.9335 -110.96066 103204.0 P103204.0W 08/05/1996 Complete B&B #1 DOM_GW 034N 118W 17 SW1/4SW1/4 22 140 80 100 140 42.92628 -110.95098 168154.0 P168154.0W 06/08/2005 Complete BARKER ECHO DOM_GW 034N 118W 18 NE1/4NE1/4 20 140 100 N 135 135 140 42.937169 -110.955789 180975.0 P180975.0W 03/14/2007 Complete KUNZ #0501 DOM_GW 034N 118W 18 SE1/4NE1/4 15 140 80 N 135 139 140 42.9352 -110.9564 206788.0 P206788.0W 02/21/2017 Complete JOHNSON JOHNSON #1 DOM_GW;STK 034N 118W 18 SE1/4NE1/4 25 143 85 N 130 85 143 42.932549 -110.958089 204201.0 P204201.0W 07/21/2015 Complete JANSEN SNAPPY 1 DOM_GW 034N 118W 18 NE1/4NE1/4 18 158 95 N 158 95 158 42.93611 -110.95583 204545.0 P204545.0W 09/14/2015 Complete AUSTIN AUSTIN #1 DOM_GW;STK 034N 118W 17 SW1/4SW1/4 10 160 103 N 136 120 147 42.926667 -110.952778 175012.0 P175012.0W 05/22/2006 Complete EDWARDS E #1 DOM_GW 034N 118W 18 NE1/4NE1/4 25 180 60 N 170 140 180 42.936366 -110.954217 157203.0 P157203.0W 03/25/2004 Complete BARBER LOVEY 1 DOM_GW 034N 118W 17 NW1/4SW1/4 15 200 140 180 200 42.92992 -110.95096 159511.0 P159511.0W 06/14/2004 Complete BARFUSS BARFUSS #1 DOM_GW 034N 118W 17 NE1/4SW1/4 25 200 75 163 200 42.92993 -110.94613 212180.0 P212180.0W 04/22/2020 Complete HEINER Q & D HEINER #1 DOM_GW 034N 118W 17 NW1/4SW1/4 20 220 170 N 205 200 220 42.930833 -110.948889 172831.0 P172831.0W 01/23/2006 Complete BUTTERFIELD BUTTERFIELD #1 DOM_GW 034N 118W 17 NW1/4SW1/4 20 230 150 N 220 220 230 42.9291 -110.9493 96625.0 P96625.0W 08/08/1994 Complete JONES CHERIE'S WELL #1 DOM_GW 034N 118W 08 SW1/4SE1/4 10 240 170 210 240 42.94087 -110.94125 150302.0 P150302.0W 04/10/2003 Complete HOLCOMB 1 DOM_GW 034N 118W 17 NE1/4SW1/4 15 240 180 220 240 42.92993 -110.94613 175293.0 P175293.0W 06/16/2006 Complete LOWERY LOWERY #1 DOM_GW 034N 118W 17 NE1/4SW1/4 20 240 180 N 235 235 240 42.9312 -110.9449 183764.0 P183764.0W 11/13/2007 Complete HINTZE HINTZE #1 DOM_GW 034N 118W 17 NW1/4SE1/4 20 240 180 N 235 235 240 42.9303 -110.942117 204831.0 P204831.0W 11/06/2015 Complete BALK BALK #1 DOM_GW 034N 118W 17 NE1/4SW1/4 20 242 180 N 227 220 242 42.928819 -110.943831 206280.0 P206280.0W 09/27/2016 Complete BURNETT LOST CREEK RD 179 DOM_GW;STK 034N 118W 08 NE1/4SE1/4 20 260 190 N 0 220 260 42.943919 -110.938619 46038.0 P46038.0W 12/11/1978 Complete MCNINCH TRUST J F WAGNER #1 DOM_GW 034N 118W 08 SE1/4SE1/4 22 280 240 240 280 42.94089 -110.93644 183709.0 P183709.0W 11/13/2007 Complete BERGSTROM R & C #1 DOM_GW 034N 118W 08 SW1/4SE1/4 25 280 221 N 270 260 280 42.940567 -110.9394 154393.0 P154393.0W 10/10/2003 Complete HILL HILL #1 DOM_GW 034N 118W 17 NW1/4SE1/4 25 300 187 240 300 42.92995 -110.94129 22468.0 P22468.0W 06/19/1973 Fully Adjudicated LOST CREEK RANCHETTES SUB WELL #1 MIS 034N 118W 08 SE1/4SE1/4 45 344 219 219 344 42.94089 -110.93644 SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 5 2.3 Soil Types There are four major soil types present in the project area according to the NRCS Web Soil Survey (https://websoilsurvey.nrcs.usda.gov) and Soil Survey of Star Valley (Soil Conservation Service, 1976). The major soil types are Greyback Gravelly Loam (Gg); Huffline Silt Loam, 0 to 3 percent slopes (HuA); Thayne Gravelly Loam, 0 to 3 percent slopes (ThA); and Thayne Gravelly Loam, 3 to 6 percent slopes (ThB). See Figure 3 for the soils map of the project area. The soils survey contains the following information regarding these soils. Greyback Gravelly Loam (Gg). The Greyback series consists of somewhat excessively drained soils that formed in alluvium on alluvial fans and foot slopes. In a representative profile the surface layer is grayish-brown gravelly loam about 7 inches thick. The subsoil is brown gravelly loam about 11 inches thick. The substratum is light yellowish-brown very gravelly sandy loam and very gravelly loamy sand or sand to a depth of 60 inches or more. This nearly level to gently sloping soil is on alluvial fans, mainly in the lower valley (the location of this project). Slopes are 0 to 6 percent. Permeability is moderate. Runoff is slow and the hazard of erosion is slight. This soil is used for irrigated crops, for range, as wildlife habitat, and for townsites. Approximately 19% of the project area is located in this soil type. Huffine Silt Loam, 0 to 3 percent slopes (HuA). The Huffine series consists of well- drained soils that formed in wind-deposited silt or alluvium on alluvial fans. In a representative profile the surface layer is brown silt loam about 7 inches thick. The upper part of the subsoil is brown silt loam about 4 inches thick. The lower part of the subsoil is brown silty clay loam about 20 inches thick. The substratum is brown very gravelly loamy sand to a depth of 60 inches or more. This nearly level soil is on alluvial fans. Permeability is moderate. Runoff is slow, and the hazard of erosion is slight. This soil is used for irrigated crops, for range, and as wildlife habitat. Approximately 14% of the project area is located in this soil type. Thayne Gravelly Loam, 0 to 3 percent slopes (ThA). The Thayne series consists of well-drained soils that formed in alluvium on alluvial fans. In a representative profile the surface layer is dark grayish-brown loam about 12 inches thick. The subsoil is light olive- brown gravelly loam about 12 inches thick. The substratum is pale-yellow very gravelly loam to a depth of 60 inches or more. This nearly level soil is on alluvial fans. Permeability is moderate. Runoff is slow, and the hazard of erosion is slight. This soil is used for irrigated and dryland crops, for range, and for wildlife habitat. Approximately 36% of the project area is located in this soil type. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 6 Thayne Gravelly Loam, 3 to 6 percent slopes (ThB). This gently sloping soil is on alluvial fans. The soil profile is similar to the one described as representative of the series (listed previously), but the surface layer is gravelly loam. Permeability is moderate. Runoff is slow, and the hazard of erosion is slight. This soil is used for irrigated and dryland crops, for range, and for wildlife habitat. Approximately 31% of the project area is located in this soil type. No other soil types are mapped in the project area. 2.4 Aquifer Characteristics 2.4.1 Depth to Groundwater, Aquifer Material and Flow Type There are 28 active groundwater permits within half a mile of the proposed subdivision (Table 1). The depths to water reported for wells within a half a mile that are likely completed in the alluvium (wells with a total depth of less than 200 ft) in the study area vary from 10 to 200 ft, with an average depth to water of 83 ft. Water flows westward towards the Salt River and the center of the basin. To some extent, the depth to water in the alluvium is a function of proximity to the river, which is presumably the base elevation for the local alluvial groundwater flow system. But the reported depths to water can vary greatly depending on the depth at which the well is completed, the conditions under which the measurement was taken (e.g. less than full recovery following testing), the season, and simple errors. These are not quality-controlled data. No information on seasonal variations of groundwater levels have been developed in the study area. Given the normal cycles of recharge (including that provided by local flood irrigation), groundwater highs are expected to occur in late summer and groundwater lows in late winter. The elevation of the adjacent Salt River, 5,860 feet (i.e. 340 feet lower than the ground surface in the middle of the proposed subdivision) likely provides a lower bound on the groundwater elevation beneath the project area. (As discussed above, the variations in depth to water reported with domestic well completions are likely the result of a combination of aquifer hydraulics and seasonal fluctuations.) The age and genesis of the alluvial deposits are consistent with the absence of known structures of interest to the present study (e.g. faults, fracture zones, etc.). Nor are these deposits conducive to the development of karst features. Groundwater flow will occur as flow through porous media, although the permeability and porosity of individual strata will vary substantially. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 7 2.4.2 Aquifer Thickness, Confinement, and Surface Interaction Subtraction of depths-to-water from total well depths calculate an average saturated interval of 60 feet for the wells likely completed in the alluvium (with a total depth of less than 200 feet) within one half mile of the proposed subdivision as shown in Table 1. As many of these wells do not fully penetrate the alluvium, the full saturated thickness of the alluvial aquifer is likely greater than the calculated average, depending on local conditions. Additionally, the underlying Salt Lake Formation is saturated in the area as well. The clay and clay-rich layers discussed above likely serve as many local confining layers in the alluvial aquifer. The alluvial deposits consist of a complex interbedding of sands, gravels and clays and stratigraphic detail is insufficient to identify the lateral extent of such features. Pending more detailed investigations, the overall aquifer is considered to be “semi-unconfined”. Surface recharge infiltrates downward to eventually enter strata with useful water-bearing properties, but that process is likely complex. The vadose zone, through which recharge travels downward to reach the water table, is a mix of gravel, sand, and clay strata, likely varying substantially in composition from place-to-place. The average thickness of the unsaturated zone is 83 feet for the alluvial wells (less than 200 feet deep) listed in Table 1. Interaction between surface and groundwater consists of the infiltration of local precipitation, snowmelt, and irrigation water to recharge the aquifer, general groundwater flow direction is from east to west, and discharges from the aquifer to the Salt River (including supplying riparian zone evapotranspiration). 2.4.3 Transmissivity/Hydraulic Conductivity/Gradient/Porosity In general, “permit yield” may or may not reflect actual measured production for domestic wells as many domestic wells are limited to 25 gpm by the Wyoming State Engineer’s Office (WSEO), but most of the values on Table 1 are reported as “amount of water being pumped” on the Statements of Completion. The average of these values is 19 gpm. Some of the wells reviewed for which completion details were reported are simply completed as open-ended casings, rather than providing opportunity for groundwater to enter the well through perforations or screen sections. This is an inexpensive approach that has proven adequate. It indicates relatively high permeability in the final stratum in that sufficient water enters through the bottom of the well. Table 2 compiles the scarce test data reported for which specific discharge rates and drawdown values were reported with well completion forms. There were no reported pump test data for the wells completed in the alluvium within 0.5 miles of the proposed subdivision therefore data from the two pump tests conducted at the high flow irrigation well P2649.0W (approximately 0.75 miles to the north) were used. Transmissivity values are estimated using the pumping rate, SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 8 pumping time, and drawdown from the well completion reports. Driscoll (1986) developed formulas to approximate the transmissivity for both confined and unconfined aquifers that are based on generic assumptions about the aquifer and well test. Due to the quality of the data reported on the well completion forms it is reasonable to use these assumptions and formulas to approximate the transmissivity for these wells. Table 2. Aquifer Test Data Extracted from WSEO Permit Files Permit Number Rate (gpm) Drawdown (ft) Time (hrs) Specific Capacity (gpm/ft) Transmissivity (gpd/ft) Aquifer Thickness (ft) Hydraulic Conductivity (ft/day) 2649.0 (Test 1)1,190 45 3 26.44 39,600 135 39.2 2649.0 (Test 2)1,275 28 5 45.54 68,000 135 67.7 The “aquifer thickness” is poorly determined because the well does not fully penetrate the alluvial aquifer. Listed in Table 2 is the total thickness of the specific water-bearing stratum in which the well was screened as reported in the WSEO permit files. Due to the quality of the test data, and in the interest of conservatism, the parameters calculated in Table 2 are the minimums possible to produce the reported results. In terms of productivity, these tests confirm that the alluvial aquifer is abundantly capable of meeting the needs of individual residential lots. In terms of specific aquifer parameters, a hydraulic conductivity of at least 39.2 ft/day is indicated, and the true value is probably considerably larger. Figure 4 is a potentiometric surface based on approximate groundwater elevations for select wells for which the depth to water was reported upon well completion (dates and circumstances vary) and for which the well has been located with sufficient accuracy to support estimation of surface elevation. The former come from individual well Statements of Completion filed with the WSEO; the latter are taken from topography maps. Overall consideration of recharge/discharge relationships require that the groundwater gradient be generally from east-to-west as precipitation and irrigation provide recharge across the aquifer and regional groundwater discharge is to the Salt River. However, quantification of a meaningful gradient is complicated by disparities in the reported data and the likely presence of multiple water-bearing zones that are not fully integrated hydraulically. (There are both horizontal and vertical gradients in the aquifer; lateral flow is being estimated using a composite horizontal gradient.) A groundwater gradient is approximated by calculating an average gradient between sets of wells shown on Figure 4. The average gradient from eight sets of wells at various locations on Figure 4 was calculated to be 0.018 ft/ft. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 9 Porosity of the saturated zone has not been directly assessed. An approximate value of 0.25 is suggested based on the nature of the alluvial deposits (e.g. Sterrett, 2007). 2.5 Existing Water Rights 2.5.1 Surface Water A water right search was conducted for the development area. The entire development area has irrigation rights from Lost Creek or Baxter Creek through the Lost Creek Pipeline under Permit No. 525 and Permit No. 16113. The lands are irrigated by a center pivot and wheel line systems. A map and Certificates of Appropriation for these rights can be found in Appendix D. A water right distribution map will be created to retain water rights within the development. The rights for areas within the roadways will be either detached or abandoned. The distribution map will be filed with the WSEO. 2.5.2 Groundwater There are no existing wells located within the project boundaries.Appendix E lists all groundwater rights of record within one mile of the proposed subdivision. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 10 3.0 ON-SITE WASTEWATER SYSTEM ADEQUACY 3.1 Percolation Rates Five percolation tests were performed in the proposed project area in November 2021, one in each soil type. Refer to Figure 3 and Appendix B for the location of the test holes and percolation test data. The results from the five tests ranged from 2 to 13 min/inch. A “worst- case” percolation rate of 13 min/inch will be used for this study. The maximum allowable percolation rate for Lincoln County is 1 minute per inch and the minimum allowable percolation rate is 60 minutes per inch. The percolation rates from the tests are within Lincoln County and DEQ regulations. Pits dug for percolation tests were at depths ranging from 3.2 feet to 4.3 feet. Also, a test pit was dug to a depth of 8 feet. No signs of groundwater were detected at these depths. With minimum lot sizes of nearly 5 acres, there should be no issue in finding a location with acceptable percolation qualities on each lot. 3.2 Leach Field Size The size of leach field required for an on-site wastewater system depends upon the type of buildings it will serve, the number of buildings, and the size of those buildings. It is anticipated the Lost Creek Meadows Subdivision will be used for single-family residences. Lincoln County and WDEQ regulations call for domestic sewage flows of 150 gallons per day per bedroom for a single-family dwelling, with the flow declining slightly for each additional bedroom. Also, the absorption system loading rate of 0.56 gallons per square foot per day is given for the percolation rate of 13 min/inch.Table 3 shows the required leach field area for a 2-, 3-, or 4- bedroom system using this loading rate. Table 3. Required Leach Field Size # of Bedrooms Peak Flow Rate (gpd)Req’d Leach Field Size (ft2) 2 280 500 3 390 696 4 470 839 Proposed lot sizes will range from 4.77 to 9.64 acres, with an average of just over 5 acres per lot (including roads). Each lot will have an individual standard septic tank with leach field. The minimum sized lot will be large enough to accommodate the required leach field area as well as a replacement drain field area. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 11 3.3 Separation Distances Lincoln County and Wyoming DEQ requires the following separation distances: From To Septic Tank To Absorption System Wells (including neighbors)50 100 Public Water Supply Well 100 200 Property Lines 10 10 Building Foundation (w/o foundation drains) 5 10 Building Foundation (w/ foundation drains) 5 25 Potable Water Pipes 25 25 Septic Tank --10 Stream or Surface Water (incl. intermittent) 50 50 Also, systems shall not be located beneath buildings, parking lots, roadways, or similarly compacted areas. Each lot in the Lost Creek Meadows Subdivision will have an on-lot individual standard septic system. This subdivision will have an average lot size of roughly 5 acres and a minimum lot size of about 4.77 acres, thereby meeting County requirements. 3.4 Shallow Impermeable Layer Lincoln County regulations state an on-site small wastewater facility must be at least four feet above any impermeable layer. Form U.W. 6 drill cutting logs were obtained from the WSEO for wells in the vicinity of the subdivision, and the data reviewed to determine if any impermeable layers were present. While there are layers of clay at various depths, there are no indications of a shallow impermeable layer according to the well logs. Soil percolation rate tests were performed within subdivision boundaries, resulting in a rate of 2 to 13 minutes per inch. A test pit was dug and observed in the project area to a depth of 8 feet. No impermeable layers were observed. Review of nearby well logs, percolation test data, and the development site shows no apparent shallow impermeable layer which will cause problems with leach field effluent. 3.5 Slope of Ground Surface The proposed development is located on the valley floor of the lower Star Valley and was previously used as irrigated cropland. The slopes across the project area range from roughly 3% to 4% from east to west. There will be no issues with siting of wastewater tanks and leach fields due to ground slope. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 12 3.6 Depth to Ground Water Lincoln County and WDEQ regulations state that an on-site small wastewater facility must be at least four feet above seasonally high ground water. No water was observed in the test pit to a depth of 8 feet. As mentioned in Section 2.4.1, the average depth to groundwater from alluvial wells in Table 1 is 83 feet. 3.7 Aquifer Impacts Water quality data for the aquifer receiving septic system effluent are provided in Appendix A, along with EPA Drinking Water Standards for reference (these standards are promulgated only for public water supplies). Both the laboratory analysis and the widespread use of the alluvial aquifer for area drinking water identify the aquifer as Class I under WDEQ regulations. The impact of proposed individual wastewater disposal systems on the receiving aquifer has been evaluated as per WDEQ Chapter 23, Appendices A, B and C: Appendix A Calculations. The DEQ Chapter 23 Appendix A cumulative nitrate loading analysis uses the following nitrogen mass balance equation (Wehrmann Model): Co = (VbCb + ViCi + VsCs - VpCp) / (Vb + Vi + Vs - Vp) where, Co = diluted concentration of NO3- as N leaving the subdivision Vb = volume of groundwater entering the subdivision from up gradient area Cb = ambient concentration of NO3- as N contained in the groundwater entering the subdivision Vi = volume of precipitation infiltrating beneath the subdivision Ci = concentration of NO3- as N contained in the infiltrating precipitation Vs = volume of septic effluent introduced beneath the subdivision Cs = concentration of NO3- as N contained in the septic effluent Vp = volume of groundwater pumped by wells beneath the subdivision Cp = concentration of nitrate-nitrogen contained in the pumped groundwater This analysis estimates the average nitrate concentration of groundwater following acceptance of septic system leachate and subdivision precipitation recharge. The nitrate concentration of the septic system effluent is diluted by infiltrating precipitation and groundwater flow beneath the proposed subdivision to produce a lower nitrate concentration at the subdivision boundary. Vb is calculated using a hydraulic conductivity of 39.2 ft/day (294 gpd/ft2) (estimated above), an aquifer width measured as the cross-section perpendicular to east-to-west groundwater flow (2,000 ft.), an effective aquifer thickness of 60 ft. (saturated thickness in Section 2.4.2), and an aquifer gradient of 0.018 ft/ft. Thus, Vb is: SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 13 Vb = 294 gpd/ft2 x 2,000 ft x 60 ft x 0.018 = 635,040 gpd A value for ambient nitrate concentration (Cb) is taken from the sample presented in Appendix A, from the Allred Well, i.e. 0.27 mg/L. Precipitation also dilutes the concentration of nitrate from the septic system effluent. Precipitation input is estimated as the infiltration rate (ft/day) of precipitation multiplied by the subdivision area (ft2). The proposed subdivision is approximately 129 acres, or 5,612,000 ft2. The mean annual precipitation is 23.57 inches. The percentage of total precipitation that reaches the aquifer varies widely, as a function of precipitation patterns (both spatial and temporal), the characteristics of the surface, competition from vegetation, evaporation, and runoff, etc. Estimates commonly fall in the 5 - 10% range. Assuming a generic 5% of precipitation infiltrates the aquifer to be conservative, Vi is: Vi = (0.05 x 23.57 in / 12 in / 365 days) x 5,612,000 ft2 x 7.48 gal/ft3 = 11,295 gpd The concentration of nitrate in the precipitation infiltrating the aquifer, Ci, is assumed to be 0.05 mg/L (WDEQ Chapter 23 default worksheet value). The volume of septic effluent introduced beneath the subdivision, Vs, is the product of the effluent recharge per lot and the number of lots. The effluent recharge is calculated as 300 gpd/unit (WDEQ Chapter 23 default value for three-bedroom homes) x 25 lots = 7,500 gpd. For this analysis, the nitrate concentration of the septic system effluent, Cs, is assumed to be 40 mg/L (WDEQ Chapter 23 default value for conventional septic systems). The daily volume of groundwater pumped by wells beneath the subdivision is calculated in Table 4 and we assume landscape water will be provided from the domestic-supply wells. Vp = 22,500 gpd at the ambient nitrate concentration of Cp = 0.27 mg/L. Thus, the estimated groundwater nitrate concentration leaving the subdivision area at the down- gradient property boundary estimated by this method is: Co = (635,040 gpd x 0.27 mg/L + 11,295 gpd x 0.05 mg/L + 7,500 gpd x 40 mg/L – 22,500 gpd x 0.27 mg/L) / (635,040 gpd + 11,295 gpd + 7,500 gpd – 22,500 gpd) = 0.74 mg/L Sensitivity Analysis. The calculated nitrate concentration is obviously sensitive to the accuracy of the input parameters. While we have developed our estimates based on the available information, as detailed above, many of the relevant parameters are only approximately known for this site. The following sensitivity analysis indicates that the conclusion that the diluted SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 14 nitrate concentration will be less than the 10 mg/L limit at the down-gradient boundary is robust. The nitrate balance is dominated by the calculated groundwater flux through the alluvial aquifer. The least well-constrained parameter in that calculation is the permeability of the portion of the aquifer into which septic system effluent will be introduced. Application of a 50% lower hydraulic conductivity value (147 gpd/ft2) increases the calculated Co to 1.21 mg/L. The percentage of precipitation that infiltrates to recharge groundwater is rarely well constrained. Increasing that percentage to 10% (all other parameters as in the base case) produces a small net effect, i.e. a calculated Co value of 0.73 mg/L. Appendix B calculations. The calculations presented in WDEQ Chapter 23, Appendix B provide an estimate of vertical travel time from a leach field to the water table, and the distance leachate arriving at the groundwater table will travel horizontally over any remaining time within a total time period of two years. The Appendix B analysis uses the following equation to calculate vertical travel time: t1 =d * .* q a05 where, t1 = vertical travel time in years, d = depth to groundwater in cm, θ = volumetric soil moisture α = total recharge (effluent + precipitation in cm/yr) The average depth to groundwater from Table 1, discussed above, is 83 feet (2,530 cm). The moisture content of the unsaturated zone (θ) is assumed to be 0.321 mL/cm3 from Chapter 23, Appendix B, for “sandy clay”, the default value, the description for which is reasonably consistent with the driller logs of the alluvial deposits (see attached Statements of Completion in Appendix C). The required soil absorption infiltration area is 696 ft2, as presented in Table 3 for a 3-bedroom house. The total annual effluent discharge per individual system is estimated as: 3 bedrooms x 100 gpd/bedroom x 365 days/year x 1 ft3/7.48 gal = 14,600 ft3 SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 15 Across the area of the individual leach field, the effluent recharge to the aquifer in inches per year is thus: 14,600 ft3 / 696 ft2 x 12 = 252 inches To calculate total flux into the aquifer through the leach field footprint, 5% of the average annual precipitation is added to the effluent volume. The average annual precipitation is 23.57 inches (discussed above). Thus, α, the total annual recharge to the aquifer is 253 inches/year (252 in. + .05*23.75 in.), or 643 cm/year. The average estimated vertical travel time to the water table is thus: t1 = 2,530 cm x 0.321 mL/cm3 / (0.5 x 643 cm/year) = 2.53 years Because the vertical travel time is greater than two years, the horizontal distance that the leachate will migrate need not be calculated, nor is the location of individual septic system leach fields within the footprint of the subdivision relevant. Sensitivity Analysis. As the ground surface slopes downward to the west, the depth to groundwater decreases. Thus, the above calculation based on average conditions may overestimate the vertical travel time for the western portion of the subdivision. To prevent outliers, the median depth to water (80 feet) was input into the calculation for this sensitivity analysis. At a depth to water of 80 feet the vertical travel time estimated by this method is 2.43 years. Appendix C calculations. WDEQ Chapter 23 Appendix C calculations are provided to assess potential impacts to public drinking water supply wells. Based on data from the U.S. Environmental Protection Agency (EPA) Drinking Water Watch website, there are no public water supply wells completed in the alluvial aquifer within 1.5 miles or downgradient of the proposed subdivision. Thus, Appendix C calculations are not required. 3.8 Wastewater Conclusions and Recommendations The proposed Lost Creek Meadows Subdivision consists of 25 single-family residential lots. The lots will have a minimum acreage of approximately 4.77 acres, and will average 5.13 acres each. Each lot will utilize an on-lot wastewater system (standard septic system and leach field) and individual on-lot wells. The Lincoln County regulations for minimum lot size will be met. Also, there will be adequate building space available at each site for construction of a leach field and replacement leach field while still meeting the required separation distances and slope requirements. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 16 The soils in this subdivision have percolation rates that suggest wastewater will receive adequate treatment and will not create surfacing problems. It is not anticipated that shallow impermeable layers or groundwater depth will cause any problems with individual on-site wastewater systems. The topography is generally flat. The cumulative nitrate loading analysis indicated that the impact due to the subdivision will be under the threshold set by WDEQ. Use of individual on-lot standard septic systems will be allowed. No off-site public water wells are located where there is any potential for contamination from the proposed subdivision. Effluent generally will not travel beyond lot lines within a two- year travel time. Risk of groundwater contamination appears to be low due to the low density of the development and soils that will allow for adequate treatment of the wastewater with adequate setbacks. The groundwater flux through the alluvial aquifer will extensively dilute any impact from the wastewater systems. The geology of the area and characteristics of the aquifer indicate that use of individual on-lot wastewater systems would be appropriate. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 17 4.0 ON-LOT WATER WELL ADEQUACY 4.1 Water Quantity The Lost Creek Meadows Subdivision will have a build-out of 25 lots for single-family residential use. Water demands for the subdivision will be served by individual on-lot wells with design flows of 10 gpm or 900 gpd per lot. Details for estimated water usage are found in Table 4. Table 4. On-Lot Water Requirements Lot #’s Type Water System Average Day Use (gpd) Peak Day Use (gpd) 1 - 25 Single-Family Residential Individual On-Lot Wells 22,500 61,200 There are no existing wells located within the proposed subdivision area. However, as listed in Table 1 and compiled in Appendix E, domestic-supply wells in the immediate area are commonly permitted for flows in excess of 10 gpm. Reported yields for the Table 1 wells less than 200 feet deep (i.e. presumably completed in the alluvial aquifer) average 17 gpm. The highest reported yield is 25 gpm. (The peak-day demand per lot listed in Table 4 is approximately 1.7 gpm.) 4.2 Water Quality Owner-reported assessments of the water quality from the aquifer available to host individual domestic wells for the proposed subdivision are uniformly “good” (which is the highest ranking available on the reporting form). Specific water quality data are provided for a 2022 sample from the nearby Allred Well in Appendix A. Both the laboratory analysis and the widespread use of the alluvial aquifer for area drinking water demonstrate its suitability. Potential sources of contamination of the aquifer consist of on-site septic systems and the inherent exposure to surface application and accidental release of the various chemicals associated with residential living. In addition, the area is in the midst of agricultural lands, exposing the shallow aquifer to recharge potentially including agricultural chemicals. The potential impact of local wastewater disposal facilities with respect to nitrate concentrations is evaluated in Section 3.0. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 18 4.3 Water System Conclusions and Recommendations The proposed Lost Creek Meadows Subdivision consists of 25 lots, with an average lot size of 5.13 acres and a minimum lot size of roughly 4.77 acres. Single-family residential lots will utilize individual on-lot wells. Lincoln County regulations for minimum lot size for subdivisions will be met. Water quality testing indicates that the water is safe for domestic purposes. Data from area wells indicate that adequate water will likely be available from the on-site wells. The results of this study indicate that the use of individual on-lot wells to serve the Lost Creek Meadows Subdivision is appropriate. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 19 5.0 REFERENCES Driscoll, F.G., 1986. Groundwater and Wells, Second Edition, p 1021. Empirical equations used to estimate specific capacity and transmissivity. Forsgren Associates & Weston Engineering 2009. Star Valley Ranch Groundwater Level II Study; consultant report for Wyoming Water Development Commission. Johnson, I. A., 1967. Specific Yield – Compilation of Specific Yields for Various Materials. U.S. Geological Survey Water Supply Paper 1662-D. Larsen, M.C., LaForge, J.S., and Wittke, S.J., 2015, Surficial geologic map of the Afton 30' x 60' quadrangle, Sublette and Lincoln counties, Wyoming: Wyoming State Geological Survey Open File Report 15-9, scale 1:100,000. Lincoln County, Wyoming. 2019 Revision. Land Use Regulations, Chapter 6, Development Standards. Lincoln County Office of Planning and Development, 1986, Lincoln County Regulations for a Permit to Construct, Install, or Modify Small Wastewater Facilities and Related Design Standards, 36 pp. Miller, Cheryl A., Maria Plafcan, and Melanie L. Clark. 1996. Water Resources of Lincoln County, Wyoming; U.S. Geological Survey Water-Resources Investigations Report 96- 4246. Natural Resources Conservation Service, U.S. Department of Agriculture. Web Soil Survey. <http://websoilsurvey.nrcs.usda.gov/>. Soil Conservation Service, U.S. Department of Agriculture. March 1976. Soil Survey of Star Valley Area, Wyoming-Idaho. Sterrett, Robert. 2007. Groundwater & Wells; Johnson Screens, third edition, p. 19 (approximate average value from Table 2.1 for “sand & gravel mix”). U.S. Environmental Protection Agency. 2022. Drinking Water Watch, Public Water Supply Systems Search. EPA Region 8. < https://sdwisr8.epa.gov/Region8DWWPUB/index.jsp> SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY 20 U.S. Geological Survey. 2015. USGS 7.5 Minute Series Topographic Quadrangle Map for Etna, Wyoming-Idaho. Wyoming Department of Environmental Quality. July 2012. Water Quality Rules and Regulations Chapter 23. Wyoming Department of Environmental Quality. July 2012. Water Quality Rules and Regulations Chapter 25. SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY FIGURES www.sunrise-eng.com AFTON, WYOMING 83110 47 EAST 4TH AVENUE TEL 307.885.8500 Z FAX 307.885.8501 ENGINEERING ORTHN SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY APPENDIX A Water Quality Data LABORATORY ANALYTICAL REPORT Client:Sunrise Engineering Inc Project:Self Subdivision Lab ID:C22010603-001 Client Sample ID:Allred Well Collection Date:01/18/22 10:30 Matrix:Drinking Water Report Date:02/23/22 DateReceived:01/19/22 Prepared by Casper, WY Branch Analyses Result Units Analysis Date / ByRLMethod MCL/ QCLQualifiers MAJOR IONS 01/22/22 02:47 / dmb1mg/LNDChloride E300.0 01/21/22 16:36 / kjp0.1mg/LNDFluoride A4500-F C 01/22/22 02:47 / dmb1mg/L4Sulfate E300.0 PHYSICAL PROPERTIES H 01/20/22 11:58 / mnm0.1s.u.7.9pH A4500-H B 01/20/22 11:58 / mnm°C15.6pH Measurement Temp A4500-H B 01/20/22 13:16 / mnm20mg/L180Solids, Total Dissolved TDS @ 180 C A2540 C NUTRIENTS 01/20/22 13:20 / nts0.05mg/L0.27Nitrogen, Nitrate+Nitrite as N E353.210 METALS, TOTAL 02/01/22 05:00 / jcg0.001mg/LNDAntimony E200.80.006 02/02/22 06:21 / jcg0.005mg/LNDArsenic E200.80.01 02/02/22 06:21 / jcg0.05mg/LNDBarium E200.82 02/01/22 05:00 / jcg0.001mg/LNDBeryllium E200.80.004 02/01/22 05:00 / jcg0.001mg/LNDCadmium E200.80.005 01/25/22 22:17 / srm1mg/L47Calcium E200.7 02/02/22 06:21 / jcg0.005mg/LNDChromium E200.80.1 02/01/22 05:00 / jcg0.01mg/LNDCopper E200.81.3 D 02/04/22 17:35 / srm0.05mg/L0.34Iron E200.7 02/02/22 06:21 / jcg0.001mg/LNDLead E200.80.015 01/25/22 22:17 / srm1mg/L18Magnesium E200.7 D 02/01/22 05:00 / jcg0.003mg/L0.005Manganese E200.8 01/26/22 13:00 / eli-b0.0001mg/LNDMercury E245.10.002 02/01/22 05:00 / jcg0.01mg/LNDNickel E200.8 D 02/02/22 06:21 / jcg0.002mg/LNDSelenium E200.80.05 02/04/22 17:35 / srm1mg/LNDSodium E200.7 02/17/22 19:13 / jcg0.0005mg/LNDThallium E200.80.002 02/01/22 05:00 / jcg0.01mg/LNDZinc E200.8 RADIONUCLIDES, TOTAL U 02/03/22 02:33 / hatpCi/L-0.4Gross Alpha E900.0 02/03/22 02:33 / hatpCi/L1.9Gross Alpha precision (±)E900.0 02/03/22 02:33 / hatpCi/L2.0Gross Alpha MDC E900.0 U 02/18/22 15:02 / dmfpCi/L-0.4Gross Alpha - Adjusted E900.015 02/18/22 15:02 / dmfpCi/L1.9Gross Alpha - Adjusted precision (±)E900.0 02/18/22 15:02 / dmfpCi/L2.0Gross Alpha - Adjusted MDC E900.0 Report Definitions: RL - Analyte Reporting Limit MCL - Maximum Contaminant Level QCL - Quality Control Limit ND - Not detected at the Reporting Limit (RL) D - Reporting Limit (RL) increased due to sample matrix H - Analysis performed past the method holding time U - Not detected at Minimum Detectable Concentration (MDC) Page 3 of 17 SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY APPENDIX B Percolation Test Data SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY APPENDIX C Well Statements of Completion SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY APPENDIX D Water Rights Data SUNRISE ENGINEERING • LOST CREEK MEADOWS SUBDIVISION WATER & WW SYSTEM ADEQUACY STUDY APPENDIX E Well Permits Within One Mile P. O. Box 1162 Afton, WY 83110 June 14, 2023 The Office of Planning and Development Attention Kemmerer Office 925 Sage Ave. Suite 201 Kemmerer, WY 83101 SUBJECT: LOST CREEK MEADOWS DEVELOPMENT Dear Members of the Office of Planning and Development Star Valley has been my home for over 40 years. I live in Afton but spend a great deal of time with friends living in the Lost Creek area. Over the years I have hiked the trails in the area almost every day during the summer months, helped move irrigation pipes during the fall months and for over two decades cross country skied with my Lost Creek friends. Without doubt Lost Creek is a very special place! There are many legitimate concerns dealing with the development of the LDS Church Farm Land that is now called the “Meadows Development”. 1. Septic Tank Issues Placing the Drinking Water at Risk Teton County Example: Flat Creek and Fish Creek—impaired due to excessive and unsafe concentrations of E. coli, harmful bacteria found in domestic waste water. The residents of Hoback Junction had to investigate the cause of their ground water contamination. There have also been serious problems at other Teton County locations as well. Over the past three years, Teton County has spent thousands and thousands of dollars dealing with ground water vs. septic systems. Residents have been harmed. Why does Lincoln County have to duplicate Teton County’s mistakes? 2. Lost Creek Water District Lost Creek residents have been dealing with water issues for several years. Adding more and more homes to the system isn’t helping. Once again the residents of Lost Creek and Lincoln County will be dealing with this issue in the future. 3. Lost Creek Road The road is dangerous for it is not designed to handle a lot of traffic and as a result the drive can be stressful, especially during the winter months. Increasing the number of vehicles (not to mention joggers, bike riders walkers and school buses) using this road will only make it more dangerous. Once again Lincoln County will be dealing with this issue in the future. 4. Has There Already Been an Agreement? Dump trucks were observed most of last summer hauling dirt and gravel to the Meadows Development. The cost to developers had to be exorbitant. Why would a developer spend that kind of money unless they had some kind of reassurance to do so? Star Valley is a special place. Lost Creek is a special place. Surely there is a solution for a development that plans to build too many houses—instead there should be fewer homes, fewer septic tanks, fewer water wells, fewer homes hooking up to the Lost Creek Water District and fewer vehicles using the road. Most of all protect the residents of Lost Creek. Protect Lincoln County Tax Payers from having to pay for mistakes that should have never happened, while the developers make a fortune. Sincerely Kent Eberspacher Reference is made to the proposed Lost Creek Meadows Subdivision Being a long time resident of the lost Creek area (53 years) I have witnessed the effects of residential development in Star Valley and on lands in the vicinity of the Lost Creek Meadows proposal. It goes without saying that people are moving to Star Valley to enjoy the many life style benefits the area has to offer. Sadly, the qualities that people are moving here to enjoy are rapidly diminishing with population expansion and associated impacts to resources and infrastructure (roads, utilities, etc.). Proposed developments such as the Lost Creek meadows proposal greatly exacerbate the problems. At this point, little is known how the project proponent plans to mitigate obvious impacts to the existing infrastructure such as water, sewer, roads, utilities, etc., so it is difficult to provide any meaningful comment except to one precious commodity - water! All developments approved in the Star Valley area to date seem to have one common denominator: There apparently will be no long term irreversible and irretrievable impacts to the water and soil resources! This is patently not true! Wells within the valley are showing signs of contamination from both industrial (North Lincoln Land Fill) and commercial development! Unlike roads which can be repaired or power utilities that can be expanded or replaced, damaging impacts to the water and soil resources are virtually permanent in our life time. Star Valley is not a huge land mass that can absorb land use impacts forever. Space is limited and any impacts are, in my opinion, significant. With these thoughts in mind, I feel it is the duty and responsibility of Lincoln County to bring a halt to this somewhat rampant development and complete a detailed environmental analysis of impacts that are occurring in the valley and prepare a coherent land use plan that addresses these obvious impacts! 6/9/23, 1:08 PM LINCOLN COUNTY WYOMING Mail - Lost Creek Subdivision https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1767705278571716443&simpl=msg-f:1767705278571716443 1/1 Robert Davis <robert.davis@lincolncountywy.gov> Lost Creek Subdivision 1 message Rick Johnson <ricklj@silverstar.com>Sat, Jun 3, 2023 at 11:58 AM To: planning@lincolncountywy.gov We are concerned about the impact that 25 new domestic wells and 25 new leach fields will have on our existing domestic water supply. Have any studies been done? I assume that the ground water flows directly from the development to our property. We are located southwest of the proposed development. We would be in favor of studies being done BEFORE the subdivision application is approved. Thanks! Fredrick and Megan Johnson -- This email has been checked for viruses by Avast antivirus software. www.avast.com 6/9/23, 1:07 PM LINCOLN COUNTY WYOMING Mail - Lost Creek Meadows Comments https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1767780779856345236&simpl=msg-f:1767780779856345236 1/1 Robert Davis <robert.davis@lincolncountywy.gov> Lost Creek Meadows Comments 1 message robert gonet <gonetr7@gmail.com>Sun, Jun 4, 2023 at 7:58 AM To: planning@lincolncountywy.gov I have comments and questions on the proposed Lost Creek Meadows Subdivision. I am assuming that these comments will be considered and presented to the commissioners for action prior to any approvals for the subdivision. The developer released a preliminary platt showing two roads leading to cul de sacs, yet has built roads and infrastructure for a loop connecting to Ross Road in two places. Had there been any consideration or approvals based on the first release of the platt that would not have been issued for the as built infrastructure? If so, what were they? What questions and considerations have, or will be, addressed concerning increased traffic on Lost Creek and Muddy String roads? The addition of twenty-five housing units using both Lost Creek and Muddy String Roads raises safety concerns for those living along those roads, especially Muddy string road which is already experiencing heavy summer and winter increased traffic, with an unenforced 45 mph speed limit. What will the effect be on the Lost Creek drainage by adding surface run off from infrastructure and potential drainage of twenty five new septic systems? How will the developer deal with mandated set backs from the stream? How will culinary water be supplied to the twenty-five new structures? If by wells, what protections will be provided to those having older water well rights, if the development negatively impacts their wells? If the development is to become part of the Bedford Sewer and Water, how will hook up be accomplished. Has there been a surface and subsurface water study to examine the real or potential impacts on those resources? Who will ultimately sign off on those considerations? Has the developer submitted an acceptable plan to the Lost Creek Irrigation Company for distribution of irrigation water and have they contacted the canals transecting the proposed development with any sort of plan? Please acknowledge receipt of these comments. Robert Gonet Bedford