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HomeMy WebLinkAbout105-MA-23 Silver Spur Estates SubdivisionPreliminary PlatLINCOLNCOUNTYPLANNING&ZONING COMMISSION STAFF REPORT Major Subdivision Preliminary Plat HEARING TIME AND DATE:6:00 p.m.July 19,2023 LOCATION:Lincoln County Courthouse,Commissioner Boardroom 3rd Floor,Kemmerer, Wyoming &Afton Planning &Engineering Office,61 E.5th Ave.,Afton,Wyoming FILE #105-MA-23 APPLICANTS:Carla Kathleen Self PROJECT NAME:Silver Spur Estates Subdivision –Preliminary Plat COMMUNITY PLAN AREA:Thayne ZONING:Rural PIN:3418-201-00-384 SURVEYOR:Surveyor Scherbel,Ltd. PLANNER:Emmett Mavy _____________________________________________________________________________________ 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 #105-MA-23 a Major Subdivision Preliminary Plat,with: ●Findings of Approval A thru C. ●Conditions of Approval 1 thru 6. ●A Recommendation for the Board Chairman to sign the Development Agreement. 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.Developer and County shall enter into a Development Agreement to: 105-MA-23 PZC -Preliminary Plat Preliminary Plata.Ensure installation of subdivision improvements and preparation of documents,including: i.Construct approved subdivision road with the minimum: 1.24’width travel lane with 1’shoulders,from County Road 12-121 through Blue Steel Road through the completed 70’radius cul-de-sac at the end of Daisy Mae Drive,with pull outs halfway down Blue Steel Road,and a Roundabout at the end of Blue Steel Road where it meets the southeast corner of the subdivision. 2.Subdivision road to meet all County Standards. 3.Install Engineered Bridge or Culvert approved by the Canal Company.Road crossing with a 26’travelway across the Hardman Canal where Blue Steel Road crosses the canal,that meets County Standards and is approved by the County Engineer. 4.Install All Road Signs ii.Install electrical power and communication lines to each lot; iii.Approval of Water Distribution Plan to the State Engineer’s Office; iv.Subdivision to meet all State Subdivision Fencing Laws. v.Surveyor’s lot monuments;and vi.Development of either,a HOA,CCRs,Road Maintenance Agreement,Special Improvement District,or Mutual Benefit Corporations that at a minimum: 1.Provide an entity for ongoing road maintenance including the collection of road maintenance fees; 2.Provide an entity for ongoing snow removal including the collection of snow removal fees; 3.Ensure road maintenance and snow removal are maintained indefinitely; 4.The chosen document must be filed at the time of final plat filing,and bind all current and future owners to the agreement. 4.Prior to Final Plat Application all improvements shall be installed.Road improvements shall be inspected by a licensed engineer,with as-built documents ,cross sections,curve radiuses,and road grades verifying roads meets all County standards with documents delivered to Planning Staff and the County Engineer prior to final inspection. 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 60 days after approval of the Preliminary Plat or the application and approval shall be voided. 5.5.A Plat Warning shall be included for wastewater systems: i.DEQ Required Plat Warnings: In order to meet requirements established in Wyoming Water Quality Rules,Chapter 23,Section 7(d)(viii)(A)(I and II)and Chapter 23,Section 7 (d)(viii)(B)individual septic systems for the Silver Spur Estates Subdivision are required to be enhanced treatment systems per Chapter 23, Section 7 (d)(viii)(C)(I and II).These enhanced treatment systems must have advanced nitrogen removal technology that is capable of achieving an effluent Total Kjeldahl Nitrogen concentration of less than 25 mg/L (maximum 30-day average)and advanced fecal removal technology that is 105-MA-23 PZC -Preliminary Plat Preliminary PlatcapableofachievinganeffluentFecalColiformcountoflessthan800colonies/100 mL (maximum 30-day geometric mean). For all 7 lots within the Silver Spur Estates Subdivision it is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality for the construction and/or modification of an enhanced treatment septic system.A Wyoming Registered Professional Engineer must design the enhanced treatment septic system per WQR Chapter 23,Section 7(d)(viii)(E).A Permit to Construct Application for enhanced treatment septic systems must be submitted to the Southwest District Engineer in Lander. For the proposed Advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. After domestic well installation and prior to use,the WDEQ WQD suggests that homeowners have their well sampled for the following constituents:The National Primary Drinking Water Regulations inorganic chemicals,microorganisms,radionuclides and the National Secondary Drinking Water Regulations contaminants.In addition,the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org). 6.Move the roundabout east to the southeast corner of the subdivision _____________________________________________________________________________________ PROPOSAL:A Major Subdivision Preliminary Plat application proposal to subdivide 35.22 +/-acres into Seven (7)residential lots.The average lot size will be 5.03 +/-acres in the Rural Zone.There will be six (6)lots of roughly 2 acres and one 23 acre lot.The lots will share a private subdivision road “Blue Steel Road and Daisy Mae Drive”off of Bedford North CR 121.Each lot will have individual wells,and individual engineered-enhanced septic systems permitted directly through Wyoming Department of Environmental Quality. The site is surrounded by agricultural uses on all sides.The new proposed subdivision roads will require a 24’travelway with 1’shoulders,a 70'Roundabout intersection,and a 70’radius cul de sac. LOCATION:1.5 miles east of the Town of Thayne,Wyoming in Section 20,Township 34 North,Range 118 West. _____________________________________________________________________________________ EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Agency Correspondence 5.Sketch Plan 105-MA-23 PZC -Preliminary Plat Preliminary Plat_____________________________________________________________________________________ BACKGROUND: This major subdivision is located on the east bench 1.5 miles from Thayne,Wyoming.The project is proposing six (6)roughly 2 acre lots and one (1)23 acre lot.The six 2 acre lots each borrow 3 acres worth of density from the large 23 acre lot in order to meet the 5 acre required average in the Rural zone. The property has no topography issues that would impact road design or lot layouts,but the subdivision road to the property needs to be built by the developer to County standards,and crosses the Hardman Canal.This crossing will need to be to County Standards and approved by the Canal Company. The Preliminary Plat design differs from the Sketch Plan the Planning and Zoning Commission reviewed on February 15,2023 in that Blue Steel Road extended west and made a right angle northern turn between Lots 2 and 6 on its east side and Lots 3,4,and 5 on its west side with a cul-de-sac between Lots 5 and 6. This design,however,called for Blue Steel Road to have two sharp 90 degree turns at the eastern edge of the subject property and align itself along the southern property line because there was not an easement on the neighboring property to the south to extend Blue Steel Road.A more desired configuration would have been to allow a cul-de-sac to be constructed in an easement along the northern boundary of the southern neighbor to allow the western extension of Blue Steel road with a cul-de-sac between Lots 2 and 3,thereby creating an intersection for future connectivity to the southern property.Since this arrangement could not be worked out between the two property owners,Staff is recommending that Blue Steel Road is developed with a 70’radius cul-de-sac at the end of Daisy Mae Drive,with pull outs halfway down Blue Steel Road,and a Roundabout at the end of Blue Steel Road where it meets the southeast corner of the subdivision. AGENCY CORRESPONDENCE: Lincoln County Weed &Pest:Lincoln County Weed and Pest was unable to inspect the development at time of letter.A review by Lincoln County Weed and Pest is required and a Weed Management Plan approved by LCWP is required by the Development Agreement to prevent these noxious weeds from proliferating. Star Valley Conservation District:“The property has had a Water and Wastewater System Study performed by Sunrise Engineering.Any recommendations in the study supersede any recommendations in this report.” Board of Supervisors has reviewed the Carla Kathleen Self,Major Subdivision,east of Thayne,Wyoming. SVCD recommends enhanced septic systems if there is high groundwater present.Soil cuts are recommended to determine groundwater levels if an enhanced system is not considered. 105-MA-23 PZC -Preliminary Plat Preliminary PlatStateEngineer's Office:Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permit P75214.0W.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. Wyoming DEQ:DEQ provided a non-adverse recommendation with Enhanced and Engineered Septic Systems and individual water wells are safe and adequate for the Silver Spur Estates Subdivision.DEQ Recommend a Plat Warning with the following text: In order to meet requirements established in Wyoming Water Quality Rules,Chapter 23,Section 7(d)(viii)(A)(I and II)and Chapter 23,Section 7 (d)(viii)(B)individual septic systems for the Silver Spur Estates Subdivision are required to be enhanced treatment systems per Chapter 23, Section 7 (d)(viii)(C)(I and II).These enhanced treatment systems must have advanced nitrogen removal technology that is capable of achieving an effluent Total Kjeldahl Nitrogen concentration of less than 25 mg/L (maximum 30-day average)and advanced fecal removal technology that is capable of achieving an effluent Fecal Coliform count of less than 800 colonies/100 mL (maximum 30-day geometric mean). For all 7 lots within the Silver Spur Estates Subdivision it is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality for the construction and/or modification of an enhanced treatment septic system.A Wyoming Registered Professional Engineer must design the enhanced treatment septic system per WQR Chapter 23,Section 7(d)(viii)(E).A Permit to Construct Application for enhanced treatment septic systems must be submitted to the Southwest District Engineer in Lander. For the proposed Advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. After domestic well installation and prior to use,the WDEQ WQD suggests that homeowners have their well sampled for the following constituents:The National Primary Drinking Water Regulations inorganic chemicals,microorganisms,radionuclides and the National Secondary Drinking Water Regulations contaminants.In addition,the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org). Public Comments: John Apa,expressed his thoughts on this subdivision in an email,attached to this staff report. 105-MA-23 PZC -Preliminary Plat £¤89 Star Valley Ranch Thayne 21 18 08 04 20 07 06 17 09 19 16 05 23 11 14 02 24 12 01 13 34N 119W 34N 118W Blue Steel Road WYOSTAR LAND, LLC WYOSTAR LAND LLC BENCH 19, LLC WILKES, SHELLEY K ETAL WYOSTAR LAND, LLC MERRITT,BRADFORD H PASSEY, DERRICK & SYDNEY GRAHAM, BRETT N & JENNIFER L SELF, CARLA K APA, JOHN T & JENNIFERR TRUSTEES PHAM, ANNIE & CHARLES Maxar, Microsoft Major Subdivision Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 105 MA 23 Silver Spur Subdivision Carla Kathleen Self Prepared using available data by Katie Gipson, on 29 June 2023. Map is for informational purposes only and in no way represents an official survey of land. DEVELOPMENT AGREEMENT SILVER SPUR ESTATES SUBDIVISION FILE NO.#105-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 Carla Kathleen Self,hereinafter referred to as OWNER/DEVELOPER”, whose address is 28515 SE Preston Way,Issaquah,WA 98027 WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.#105-MA-23 Subdivision to subdivide approximately 35.22 +/-acres into 7 residential 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 Silver Spur Estates 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.#105-MA-23 Silver Spur Estates 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 Carla Kathleen Self”,whose addresses are: 28515 SE Preston Way,Issaquah,WA 98027 the party that owns and is developing the Property and shall include and subsequent owner(s)or OWNER/DEVELOPER(s)of the Property. Page 1 of 10 1.4 PROPERTY:means and refers to the identified approximately 35.22 +/-acres of a certain parcel(s)of Property located in Lincoln County,Wyoming,as described in Exhibit A. Section 2.Planned Improvements. The OWNER/DEVELOPER shall,at its sole cost and expense,properly install and complete the following required improvements: ●Subdivision Road: o 24’width travel lane with 1’shoulders,from County Road 12-121 through Blue Steel Road through the completed 70’radius cul-de-sac at the end of Daisy Mae Drive,with pull outs halfway down Blue Steel Road,and a Roundabout at the end of Blue Steel Road where it meets the southeast corner of the subdivision. o Subdivision road to meet all County Standards. o Install Engineered Bridge or Culvert approved by the Canal Company.Road crossing with a 26’travelway across the Hardman Canal where Blue Steel Road crosses the canal,that meets County Standards and is approved by the County Engineer. ●Approval of Water Distribution Plan to the State Engineer’s Office ●Subdivision to meet all State Subdivision Fencing Laws and approved by planning staff. ●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,staff will oversee the location and timing of sign installation after completion of road improvements. 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 Page 2 of 10 preliminary plat approval for SUBDIVISION will be automatically revoked.At such time,the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations.If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement,a Final Plat shall be signed and recorded. Section 5.Control of trash,weeds,dust,erosion,and sedimentation.The OWNER/DEVELOPER shall be fully responsible for all dust abatement,erosion,sedimentation, weed,and trash control on the Property required by any County,State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times.The responsibilities in this Section shall run with the land and shall therefore apply before,during,and until completion of Improvements. Section 6.Permits.The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of-way,easements,access,excavation,and other permits and approvals required by local, State,or Federal regulations. Section 7.Inspections.The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement.The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times.The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County,which approval will not be unreasonably withheld. Section 8.Final Inspection and Approval of Improvements.The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County.At the time of such notification to the County,OWNER/DEVELOPER shall submit to County a set of “as built”plans and specifications,prepared by its engineer.The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as built”plans and specifications.Upon inspection,the County shall give written acceptance of the Improvements or a written checklist of material deficiencies,such noted deficiencies shall be specific as to location and shall specify,in detail,the necessary corrective action to be taken by the OWNER/DEVELOPER.Upon approval 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. Page 3 of 10 If the defect or deficiency cannot be reasonably corrected within thirty (30)days after written demand from the County,the OWNER/DEVELOPER shall commence the correction of the deficiency within the thirty (30)day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Section 10.Remedies.In the event the OWNER/DEVELOPER fails to perform any of the terms,conditions or obligations in this Agreement or has not resolved a defect or deficiency under this Agreement,the County,at its option,may exercise any rights and remedies it may have under law.Furthermore,the County reserves the right,in its absolute discretion,to revoke the OWNER/DEVELOPER’s approvals for SUBDIVISION.In the event of said revocation, OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. Section 11.Default.If the OWNER/DEVELOPER fails to fully perform any of its obligations in accordance with this Agreement,or fails or refuses to correct any defect or deficiency in the Improvements required by this Agreement,then the OWNER/DEVELOPER shall be in Default of this Agreement.Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing.If Default occurs,then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion. Section 12.Maintenance of Lots.OWNER/DEVELOPER hereby agrees that all unsold lots shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense. Section 13.Maintenance of Roads.OWNER/DEVELOPER hereby agrees that they will create a binding document either a HOA,CCRs,Road Maintenance Agreement,Special Improvement District,or Mutual Benefit Corporations that at a minimum: a)Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b)Provide an entity for ongoing snow removal including the collection of snow removal fees; c)Ensure road maintenance and snow removal are maintained indefinitely. d)The chosen document must be filed at the time of final plat filing,and bind all current and future owners to the agreement. Section 14.Binding Upon Successors.This Development Agreement shall be binding upon and inure to the benefit of the parties’respective heirs,successors,assigns and personal representatives. 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 4 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: Carla Kathleen Self 28515 SE Preston Way Issaquah,WA 98027 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. Page 5 of 10 Section 18.Severability.The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 19.Filing.The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Section 20.Authority to Execute.The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners.The OWNER/DEVELOPER hereby warrants and represents to the County (1)that it is the owner of record of the Property or the owner’s authorized representative,(2)that it has the right,power, and authority to enter into this Agreement and to agree to the terms,provisions,and conditions set forth herein and to bind the subdivision as set forth herein,(3)that all legal action needed to authorize the execution,delivery,and performance of this Agreement have been taken,and (4) that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i)result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute,law restriction,court order,or Agreement to which the OWNER/DEVELOPER or the subdivision is subject. Section 21.Regulations.The OWNER/DEVELOPER agrees to abide by all regulations,laws and codes of Lincoln County,the State of Wyoming,and the Federal Government. Section 22.Applicable Law/Venue.The construction,interpretation,and enforcement of this Agreement shall be governed by the laws of the State of Wyoming.The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties,and the venue shall be the Third Judicial District,Lincoln County,Wyoming. Section 23.Insurance.OWNER/DEVELOPER shall procure,and at all times maintain,general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property,all with coverage limits of no less than one million dollars ($1,000,000.00).Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction.Upon request,OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24.Entirety of Agreement.This Agreement sets forth all promises,inducements, agreements,condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding, either oral or written,express or implied,between OWNER/DEVELOPER and County,other than 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 Page 6 of 10 Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. Section 25.No Waiver of County Rights.No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for;nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type.The County’s failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval,upon any of the violations of Lincoln County Land Use Regulations,or for misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. Section 26.Sovereign Immunity.The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to law,including government immunity. Section 27.Effective Date.This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF,the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read,understood,and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY ________________________________Date:______________________ Jerry W.Hansen,Chair Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk Page 7 of 10 OWNER/DEVELOPER ________________________________Date:______________________ Carla Kathleen Self STATE OF WYOMING ) )ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Carla Kathleen Self this ____day of ______________2023. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires:________________ EXHIBIT A Page 8 of 10 DESCRIPTION OF PROPERTY Silver Spur Estates Subdivision 35.22 +/-acres within Section 20,Township 34 North,Range 118 West,in,Lincoln County, Wyoming. EXHIBIT B Page 9 of 10 APPROVED PRELIMINARY PLAT See Attached Page 10 of 10 June 28, 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 Carla Kathleen Self, Major Subdivision, east of Thayne, Wyoming. SVCD recommends enhanced septic systems if there is high groundwater present. Soil cuts are recommended to determine groundwater levels if an enhanced system is not considered. 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 Carla Kathleen Self Major Subdivision Thayne, Wyoming June 28, 2022 Location The proposed subdivision is located within W½NE¼ of Section 20, T34N R118W east of Thayne, Wyoming. The proposed subdivision is approximately +/- 35.22 acres and will be divided into 7 lots. The site is sloping with drainage to the west and south. 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 263 and 300 feet below ground surface. SVCD recommends enhanced septic systems if there is high groundwater present. Soil cuts are recommended to determine groundwater levels if an enhanced system is not considered. The site has an irrigation water right out of Strawberry Creek through the Alto Canal via the Alto Canal Sprinkler Group Pipeline. 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”. For more information regarding the NPDES requirements please contact Barb Sahl, WYDEQ Program Coordinator at 307-777-7570 or (bsahl@state.wy.us). Soils The following soils information provided by the Natural Resources Conservation Service (NRCS) Soil Survey of Star Valley Area, Wyoming – Idaho. The lots are comprised of two soil types: Huffine silt loam (HuB) and Thayne loam (TeB). 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. A soil with ‘somewhat limited’ designation indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, and installation. Fair performance and moderate maintenance can be expected. Soils with ‘very limited’ designations indicate that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Dwelling with and without basements: The degree of limitations for dwellings without basements for Huffine silt loam (HuB) is somewhat limited due to shrink-swell . The degree of limitations for dwellings with basements for Huffine silt loam (HuB) is not limited. The degrees of limitations for dwellings with and without basements for Thayne loam (TeB) are not limited. . Soil cuts were not conducted on this property. Care needs to be taken not to locate buildings in drainage channels where overland flooding could occur during early spring snowmelt or heavy thunderstorms. Runoff water from road and homes needs to be properly diverted to the buffers, so as not to reach the surface waters directly. Sewage Disposal: The degree of limitations for septic tank absorption fields for Huffine silt loam (HuB) is very limited due to seepage and slow water movement. The degree of limitations for septic tank absorption fields for Thayne loam (TeB) is somewhat limited due to slow water movement. Roads and streets: The degree of limitations for roads and streets for Huffine silt loam (HuB) is very limited due to frost action, low strength, and shrink-swell. The degree of limitations for roads and streets for Thayne loam (TeB) is very limited due to frost action. Shallow excavations: The degree of limitations for shallow excavations for Huffine silt loam (HuB) is very limited due to cutbanks cave. The degree of limitations for shallow excavations for Thayne loam (TeB) is very limited due to cutbanks cave. Erosion hazard: The erosion hazard of natural surface roads for Huffine silt loam (HuB) is moderate due to slope/erodibility. The erosion hazard of construction sites for Huffine silt loam (HuB) is slight. The erosion hazard of natural surface roads for Thayne loam (TeB) moderate due to slope/erodibility. The erosion hazard of construction sites for Thayne loam (TeB) is slight. . To avoid potential erosion or sedimentation problems all disturbed areas during subdivision construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment control best management practices should be installed and maintained for the duration of the project. Landscaping: When landscaping, the SVCD recommends selecting plants that have low requirements for water, fertilizers, and pesticides. Cultivate plants that discourage pests and minimize high maintenance grassed areas. It is the policy of the Star Valley Conservation District to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. We encourage greater water efficiency in landscape design, installation, and maintenance. The waters of the state are of limited supply and are subject to ever increasing demands. Soils information provided by the Natural Resources Conservation Service (NRCS) Star Valley Soil Survey is attached. The information provided is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by personnel experienced in the design and construction of engineering work. Local ordinances and regulations should be followed in planning, site selection, and design. Noxious Weeds Lincoln County Weed and Pest submits a report on each subdivision regarding weeds on the property. Representatives from the Lincoln County Weed and Pest were unable to inspect the property for noxious weeds due to snow. The subdivision representative will need to contact Lincoln County Weed & Pest in the spring of 2022. Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a reduced cost share discount to the landowner. 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 It is our understanding that no restriction will be placed on grazing animals. 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 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. SVCD can also help with grazing management plans. The plans are provided free of charge. Wildlife 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. 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 if it is not intensively used as horse pasture. For more information please see Fencing Guidelines for Wildlife Wyoming Game & Fish Habitat Extension Bulletin No. 53 at the Wyoming Game and Fish website h ttp://gf.state.wy.us/downloads/pdf/habitat/Bulletin%20No.%2053.pdf. 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. Historical resources were not evaluated as part of this review. STAR VALLEY CONSERVATION DISTRICT Kay Lynn Nield District Manager 6/23/22, 5:55 PM Star Valley Conservation District Mail - Request Subdivision Review for Silver Spur Estates https://mail.google.com/mail/u/0/?ik=0c743b040d&view=pt&search=all&permthid=thread-f%3A1726670542015447816&simpl=msg-f%3A1726670542…1/2 Kay Lynn Nield <knield@starvalleycd.org> Request Subdivision Review for Silver Spur Estates 1 message Jamie DeCora <jamiessltd@gmail.com>Mon, Mar 7, 2022 at 12:28 PM To: Kay Lynn Nield <knield@starvalleycd.org> Cc: selffamily@comcast.net, Planning <planning@lcwy.org> 7 March 2022 VIA: Email Mr. Rollin Gardner Chairman Board of Supervisors Star Valley Conservation District P.O. Box 216 Afton, Wyoming 83110 Re: Carla Kathleen Self – Major Subdivision – W½NE¼ of Section 20, T34N R118W, Lincoln County, Wyoming Dear Rollin, In accordance with Section (b) 18-5-306 of Wyoming Statues, 2019, it is requested that the District furnish a review and recommendations regarding suitability, erosion control, sedimentation and flooding issues for the lands outlined on the attached sketches which are proposed to be included within the above development. Enclosed please find: 1) A preliminary concept of the subdivision. 2) A DOQ with a soils overlay of the proposed subdivision. 3) An executed Subdivision Review Application. Please note that the property has an irrigation water right out of Strawberry Creek through the Alto Canal via the Alto Canal Sprinkler Group Pipe Line. If you have any questions, please contact our office. Sincerely, SURVEYOR SCHERBEL, LTD. Jamie DeCora Jamie DeCora Office Manager Surveyor Scherbel, Ltd. 307-885-9319 (Phone) 307-885-9809 (Fax) 4 attachments SVCD Review Application - Silver Spur Estates.pdf 1673K 6/23/22, 5:55 PM Star Valley Conservation District Mail - Request Subdivision Review for Silver Spur Estates https://mail.google.com/mail/u/0/?ik=0c743b040d&view=pt&search=all&permthid=thread-f%3A1726670542015447816&simpl=msg-f%3A1726670542…2/2 Soil Map - Silver Spur Estates.pdf 340K Aerial -Silver Spur Estates.pdf 12028K SilverSpurEstates.pdf 644K Subdivision Review Application Star Valley Conservation District 61 E. 5th Avenue / PO Box 216 Afton, Wyoming, 83110 Phone: 307-885-7823 www.starvalleycd.org Date: Name: Address: City/State/Zip Code Phone: Owners: Name: Address: City/State/Zip Code Phone: Total Acreage of Subdivision: Simple Subdivision Minor Subdivision Major Subdivision Owners: Number of Lots: Number of Lots: Number of Lots: Representative/Surveyor/Engineer: Project Location: 1/4 1/4 Section/Township/Range Application Attachments: Soils Map: Survey Map: Groundwater Study: (Major Subdivision) Sewer Study: (Major Subdivision) NPDES Storm Water Permit: (if disturbing 1-acre or more) Date Signing this review application authorized the Star Valley Conservation District personnel the right of ingress and egress from said lands for any and all inspection purposes necessary for the review process. Soil Map—Star Valley Area, Wyoming-Idaho Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/17/2021 Page 1 of 3475195047520204752090475216047522304752300475237047524404752510475195047520204752090475216047522304752300475237047524404752510504580504650504720504790504860504930505000 504580 504650 504720 504790 504860 504930 505000 42° 55' 31'' N 110° 56' 38'' W42° 55' 31'' N110° 56' 18'' W42° 55' 12'' N 110° 56' 38'' W42° 55' 12'' N 110° 56' 18'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 0 100 200 400 600 Feet 0 40 80 160 240 Meters Map Scale: 1:2,850 if printed on A portrait (8.5" x 11") 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 16, Jun 5, 2020 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 9/17/2021 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI HuB Huffine silt loam, 3 to 6 percent slopes 38.0 99.8% TeB Thayne loam, 3 to 6 percent slopes 0.1 0.2% Totals for Area of Interest 38.1 100.0% Soil Map—Star Valley Area, Wyoming-Idaho Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/17/2021 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 HuB: 85Huffine Somewhat limited Not limited Somewhat limited Shrink-swell 0.50 Shrink-swell 0.50 Slope 0.13 10Thayne l Not rated Not rated Not rated 5Robana sil Not rated Not rated Not rated TeB: 85Thayne Not limited Not limited Somewhat limited Slope 0.13 10Thayne gr-l Not rated Not rated Not rated 5Huffine sil Not rated Not rated Not rated Page 1 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Dwellings and Small Commercial Buildings Soil properties influence the development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. This table shows the degree and kind of soil limitations that affect dwellings and small commercial buildings. The ratings in the table are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect building site development. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). "Dwellings" are single-family houses of three stories or less. For dwellings without basements, the foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of 2 feet or at the depth of maximum frost penetration, whichever is deeper. For dwellings with basements, the foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of about 7 feet. The ratings for dwellings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that affect excavation and construction costs. The properties that affect the load-supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink-swell potential), and compressibility. Compressibility is inferred from the Unified classification. The properties that affect the ease and amount of excavation include depth to a water table, ponding, flooding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. "Small commercial buildings" are structures that are less than three stories high and do not have basements. The foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of 2 feet or at the depth of maximum frost penetration, whichever is deeper. The ratings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that affect excavation and construction costs. The properties that affect the load-supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink-swell potential), and compressibility (which is inferred from the Unified classification). The properties that affect the ease and amount of excavation include flooding, depth to a water table, ponding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. Information in this table is intended for land use planning, for evaluating land use alternatives, and for planning site investigations prior to design and construction. The information, however, has limitations. For example, estimates and other data generally apply only to that part of the soil between the surface and a depth of 5 to 7 feet. Because of the map scale, small areas of different soils may be included within the mapped areas of a specific soil. The information is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis by personnel experienced in the design and construction of engineering works. Government ordinances and regulations that restrict certain land uses or impose specific design criteria were not considered in preparing the information in this table. Local ordinances and regulations should be considered in planning, in site selection, and in design. Page 2 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Sewage Disposal Star Valley Area, Wyoming-Idaho Map symbol and soil name Pct. of map unit Rating class and limiting features Value Rating class and limiting features Value [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The columns that identify the rating class and limiting features show no more than five limitations for any given soil. The soil may have additional limitations] Septic tank absorption fields Sewage lagoons HuB: 85Huffine Very limited Very limited Seepage 1.00 Slow water movement 0.46 Seepage 1.00 Slope 0.68 10Thayne l Not rated Not rated 5Robana sil Not rated Not rated TeB: 85Thayne Somewhat limited Somewhat limited Slow water movement 0.46 Slope 0.68 Seepage 0.53 10Thayne gr-l Not rated Not rated 5Huffine sil Not rated Not rated Page 1 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Sewage Disposal This table shows the degree and kind of soil limitations that affect septic tank absorption fields and sewage lagoons. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect these uses. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). "Septic tank absorption fields" are areas in which effluent from a septic tank is distributed into the soil through subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 and 60 inches is evaluated. The ratings are based on the soil properties that affect absorption of the effluent, construction and maintenance of the system, and public health. Saturated hydraulic conductivity (Ksat), depth to a water table, ponding, depth to bedrock or a cemented pan, and flooding affect absorption of the effluent. Stones and boulders, ice, and bedrock or a cemented pan interfere with installation. Subsidence interferes with installation and maintenance. Excessive slope may cause lateral seepage and surfacing of the effluent in downslope areas. Some soils are underlain by loose sand and gravel or fractured bedrock at a depth of less than 4 feet below the distribution lines. In these soils the absorption field may not adequately filter the effluent, particularly when the system is new. As a result, the ground water may become contaminated. "Sewage lagoons" are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. Considered in the ratings are slope, Ksat, depth to a water table, ponding, depth to bedrock or a cemented pan, flooding, large stones, and content of organic matter. Ksat is a critical property affecting the suitability for sewage lagoons. Most porous soils eventually become sealed when they are used as sites for sewage lagoons. Until sealing occurs, however, the hazard of pollution is severe. Soils that have a Ksat rate of more than 14 micrometers per second are too porous for the proper functioning of sewage lagoons. In these soils, seepage of the effluent can result in contamination of the ground water. Ground-water contamination is also a hazard if fractured bedrock is within a depth of 40 inches, if the water table is high enough to raise the level of sewage in the lagoon, or if floodwater overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. If the lagoon is to be uniformly deep throughout, the slope must be gentle enough and the soil material must be thick enough over bedrock or a cemented pan to make land smoothing practical. Information in this table is intended for land use planning, for evaluating land use alternatives, and for planning site investigations prior to design and construction. The information, however, has limitations. For example, estimates and other data generally apply only to that part of the soil between the surface and a depth of 5 to 7 feet. Because of the map scale, small areas of different soils may be included within the mapped areas of a specific soil. The information is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis by personnel experienced in the design and construction of engineering works. Government ordinances and regulations that restrict certain land uses or impose specific design criteria were not considered in preparing the information in this table. Local ordinances and regulations should be considered in planning, in site selection, and in design. Page 2 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Roads and Streets, Shallow Excavations, and Lawns and Landscaping Star Valley Area, Wyoming-Idaho Map symbol and soil name Pct. of map unit Rating class and limiting features Value Rating class and limiting features Value Rating class and limiting features Value [The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The columns that identify the rating class and limiting features show no more than five limitations for any given soil. The soil may have additional limitations] Local roads and streets Shallow excavations Lawns and landscaping HuB: 85Huffine Very limited Very limited Not limited Frost action 1.00 Low strength 1.00 Shrink-swell 0.50 Cutbanks cave 1.00 10Thayne l Not rated Not rated Not rated 5Robana sil Not rated Not rated Not rated TeB: 85Thayne Very limited Very limited Not limited Frost action 1.00 Cutbanks cave 1.00 10Thayne gr-l Not rated Not rated Not rated 5Huffine sil Not rated Not rated Not rated Page 1 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Roads and Streets, Shallow Excavations, and Lawns and Landscaping Soil properties influence the development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. This table shows the degree and kind of soil limitations that affect local roads and streets, shallow excavations, and lawns and landscaping. The ratings in the table are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect building site development. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). "Local roads and streets" have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material; a base of gravel, crushed rock, or soil material stabilized by lime or cement; and a surface of flexible material (asphalt), rigid material (concrete), or gravel with a binder. The ratings are based on the soil properties that affect the ease of excavation and grading and the traffic-supporting capacity. The properties that affect the ease of excavation and grading are depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, depth to a water table, ponding, flooding, the amount of large stones, and slope. The properties that affect the traffic-supporting capacity are soil strength (as inferred from the AASHTO group index number), subsidence, linear extensibility (shrink-swell potential), the potential for frost action, depth to a water table, and ponding. "Shallow excavations" are trenches or holes dug to a maximum depth of 5 or 6 feet for graves, utility lines, open ditches, or other purposes. The ratings are based on the soil properties that influence the ease of digging and the resistance to sloughing. Depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, the amount of large stones, and dense layers influence the ease of digging, filling, and compacting. Depth to the seasonal high water table, flooding, and ponding may restrict the period when excavations can be made. Slope influences the ease of using machinery. Soil texture, depth to the water table, and linear extensibility (shrink-swell potential) influence the resistance to sloughing. "Lawns and landscaping" require soils on which turf and ornamental trees and shrubs can be established and maintained. Irrigation is not considered in the ratings. The ratings are based on the soil properties that affect plant growth and trafficability after vegetation is established. The properties that affect plant growth are reaction; depth to a water table; ponding; depth to bedrock or a cemented pan; the available water capacity in the upper 40 inches; the content of salts, sodium, or calcium carbonate; and sulfidic materials. The properties that affect trafficability are flooding, depth to a water table, ponding, slope, stoniness, and the amount of sand, clay, or organic matter in the surface layer. Information in this table is intended for land use planning, for evaluating land use alternatives, and for planning site investigations prior to design and construction. The information, however, has limitations. For example, estimates and other data generally apply only to that part of the soil between the surface and a depth of 5 to 7 feet. Because of the map scale, small areas of different soils may be included within the mapped areas of a specific soil. The information is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis by personnel experienced in the design and construction of engineering works. Government ordinances and regulations that restrict certain land uses or impose specific design criteria were not considered in preparing the information in this table. Local ordinances and regulations should be considered in planning, in site selection, and in design. Page 2 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Erosion Hazard of Natural Surface Roads and Construction Sites Star Valley Area, Wyoming-Idaho Map symbol and soil name Pct. of map unit Rating class and limiting features Value Rating class and limiting features Value [[The information in this table indicates the dominant soil condition but does not eliminate the need for onsite investigation. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations]] Potential Erosion of Unsurfaced Roads and Trails Potential Erosion of Construction Sites HuB: 85Huffine Moderate Slight Slope/erodibility 0.50 10Thayne l Not rated Not rated 5Robana sil Not rated Not rated TeB: 85Thayne Moderate Slight Slope/erodibility 0.50 10Thayne gr-l Not rated Not rated 5Huffine sil Not rated Not rated Page 1 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Erosion Hazard of Natural Surface Roads and Construction Sites This table can help land owners or land users plan the use of soils for unpaved roads. Interpretive ratings are given for the soils according to the limitations that affect unpaved roads. The ratings are both verbal and numerical. Some rating class terms indicate the degree to which the soils are suited to a specified practice. Well suited indicates that the soil has features that are favorable for the specified practice and has no limitations. Good performance can be expected, and little or no maintenance is needed. Moderately suited indicates that the soil has features that are moderately favorable for the specified practice. One or more soil properties are less than desirable, and fair performance can be expected. Some maintenance is needed. Poorly suited indicates that the soil has one or more properties that are unfavorable for the specified practice. Overcoming the unfavorable properties requires special design, extra maintenance, and costly alteration. Unsuited indicates that the expected performance of the soil is unacceptable for the specified practice or that extreme measures are needed to overcome the undesirable soil properties. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the specified practice (1.00) and the point at which the soil feature is not a limitation (0.00). The paragraphs that follow indicate the soil properties considered in rating the soils for forest management practices. More detailed information about the criteria used in the ratings is available in the "National Forestry Manual," which is available in local offices of the Natural Resources Conservation Service or on the Internet. Ratings in the column hazard of off-road or off-trail erosion are based on slope and on soil erodibility factor K. The soil loss is caused by sheet or rill erosion in off-road or off- trail areas where 50 to 75 percent of the surface has been exposed by logging, grazing, mining, or other kinds of disturbance. The hazard is described as slight, moderate, severe, or very severe. A rating of slight indicates that erosion is unlikely under ordinary climatic conditions; moderate indicates that some erosion is likely and that erosion-control measures may be needed; severe indicates that erosion is very likely and that erosion-control measures, including revegetation of bare areas, are advised; and very severe indicates that significant erosion is expected, loss of soil productivity and off-site damage are likely, and erosion-control measures are costly and generally impractical. Ratings in the column hazard of erosion on roads and trails are based on the soil erodibility factor K, slope, and content of rock fragments. The ratings apply to unsurfaced roads and trails. The hazard is described as slight, moderate, or severe. A rating of slight indicates that little or no erosion is likely; moderate indicates that some erosion is likely, that the roads or trails may require occasional maintenance; and that simple erosion-control measures are needed; and severe indicates that significant erosion is expected, that the roads or trails require frequent maintenance, and that costly erosion-control measures are needed. Ratings in the column suitability for roads (natural surface) are based on slope, rock fragments on the surface, plasticity index, content of sand, the Unified classification, depth to a water table, ponding, flooding, and the hazard of soil slippage. The ratings indicate the suitability for using the natural surface of the soil for roads. The soils are described as well suited, moderately suited, or poorly suited to this use. Page 2 Survey Area Version: 3 Survey Area Version Date: 01/12/2006 Emmett Mavy <emmett.mavy@lincolncountywy.gov> Silver Spur Subdivision 1 message John Apa <wmr.jta@gmail.com>Mon, Jul 10, 2023 at 2:06 PM To: planning@lcwy.org I want to express my thoughts on this subdivision. I have the acreage due east of the proposed subdivision. In discussing the impacts with Emmett it seems like this subdivision is a thoughtfully designed. The owners have been open with many of their plans and I respect their desires. I intend to remain agricultural for the foreseeable future, my concern is proximity of residential and avoiding conflict that can arise from that. Based on my discussion with Emmett it seems this is largely addressed/documented in the subdivision plat. I don’t know how much traffic this will generate, that would really be my second concern, not just residents but deliveries, services, etc. I assume this is part of the planning due diligence and that the impact isn't huge but it would be interesting to see what is forecasted as it builds out. As much as I’d prefer to not have a subdivision next door this seems to be a reasonable plan and I hope it yields a nice community we can all be a part of that furthers what makes Wyoming a great place. Thoughtfully John Apa