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HomeMy WebLinkAboutCombined PZC Staff Report 107-PMA-23 Etna RanchPreliminary PlatLINCOLNCOUNTYPLANNING&ZONING COMMISSION STAFF REPORT Major Subdivision Preliminary Plat -Master Plan HEARING TIME AND DATE:6:00 p.m.November 15,2023 LOCATION:Lincoln County Courthouse,Commissioner Boardroom 3rd Floor,Kemmerer, Wyoming &Afton Planning &Engineering Office,61 E.5th Ave.,Afton,Wyoming FILE #107-PMA-23 APPLICANTS:Earl J.Darway Family Trust PROJECT NAME:Etna Ranch Subdivision –Preliminary Plat Master Plan COMMUNITY PLAN AREA:Freedom ZONING:Rural PIN:3519-232-00-052,3519-262-00-057,3519-261-00-052 and 3519-25-2.00-052.00 SURVEYOR:Surveyor Scherbel,Ltd. PLANNER:Emmett Mavy _____________________________________________________________________________________ PLANNING STAFF REQUEST: Planning staff request the Planning and Zoning Commission TABLE File #107-PMA-23 a Major Subdivision Preliminary Plat -Master Plan to the January 24,2024 Planning and Zoning Commission meeting,For the following reason: Wyoming Department of Transportation Request:The applicant must submit a traffic impact study for WYDOT review.WYDOT requests the County to condition subdivision approval that the applicant must enter into a cooperative agreement with WYDOT to determine design,construction &maintenance responsibilities for any highway (US 89 &CR 115 intersection)mitigation measures generated and recommended from the traffic impact study.The existing field access in the northwest corner of proposed Lot 22 must be removed.The applicant must obtain an access permit from WYDOT for the access removal. 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 #107-PMA-23 a Major Subdivision Preliminary Plat -Master Plan,with: ●Findings of Approval A thru C. ●Conditions of Approval 1 thru 9. ●A Recommendation for the Board Chairman to sign the Development Agreement. 107-MA-23 PZC -Etna Ranch Preliminary Plat -Master Plan,November 15,2023 Preliminary PlatFINDINGSOFAPPROVAL: 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: a.Ensure installation of subdivision improvements and preparation of documents,including: i.Construct approved full subdivision loop road with the minimum: 1.26’width travel lane on all roads on the plat. 2.Each Cul-De-Sac shall be built to a 60’Radius with the exception of the one between Lots 34 &36 will require a 70’radius cul-de-sac. 3.Subdivision Roads shall meet all County Standards. 4.Install All Road Signs. ii.Install electrical power and communication lines to each lot; iii.Submittal of Water Distribution Plan to the State Engineer’s Office; iv.Subdivision to meet all State Subdivision Fencing Laws. v.Surveyor’s lot monuments installed;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 planning staff,with as-built documents ,cross sections,curve radiuses,and road grades verifying roads meets all County standards with documents delivered to Planning Staff and 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 107-MA-23 PZC -Etna Ranch Preliminary Plat -Master Plan,November 15,2023 Preliminary Platapplicationandapprovalshallbevoided. 5.5.A Plat Warning shall be included for wastewater systems: DEQ Required Plat Warnings: A Chapter 3 Permit to Construct is required for construction of residential sewage systems (septic systems)on all lots within the Etna Ranch Subdivision except for lots 88,90,92,93,95 and 96. Since percolation rates for lots within the Etna Ranch Subdivision has been shown to be less than 5 minutes per inch except for lots 88,90,92,93,95 and 96 a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality is required for the construction of septic systems.It is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality Water Quality Division.A Professional Engineer Licensed with the State of Wyoming must submit the Chapter 3 Permit to Construct Application.It is the individual lot/home owner's responsibility to obtain a Permit to Construct from Lincoln County to construct a sewage system (septic system)for lots 88,90,92, 93 and 96. 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). Developer has changed some lot numbers,affecting the recommended plat warning. DEQ Recommendation New Lot Number Lot 88 Lot 72 Lot 90 Lot 82 Lot 92 Lot 84 Lot 93 Lot 85 Lot 95 Lot 87 Lot 96 Lot 88 Due to Lot numbers changing,The Plat warning will reflect the lot numbers intended by WDEQ to have the requirements for permitting directly with DEQ. 6.Create a Plat Warning that,East Side Canal has a 50’downhill setback and a 20’uphill setback and that access cannot be blocked by landscaping or fences. 7.Plat warning for earthquake fault lines in the subdivision,and specific labeling on each lot that has the fault line going directly into the lot. 8.Move the cul-de-sac from the east side of lots 34 &36 to the far west side of lots 34 &36. 9.Each subdivision phase will require the developer/owner to enter into a new development agreement from Lincoln County prior to beginning construction on each phase. _____________________________________________________________________________________ 107-MA-23 PZC -Etna Ranch Preliminary Plat -Master Plan,November 15,2023 Preliminary PlatPROPOSAL:Etna Ranch is A Major Subdivision Preliminary Plat Master Plan application to subdivide 480+/-acres into Ninety Six (96)lots in twelve (12)phases.The average lot size is a 5.0 +/-acre average for all land in the subdivision with the smallest lot 3.5 acres,and the largest lot 7.5 acres. Each lot will have individual wells,and individual Engineered-Enhanced septic systems permitted directly through Wyoming Department of Environmental Quality. Phase I –Lots 1-10 (2023-2026) Phase II –Lots 11-17 (2026-2029) Phase III –Lots 18-22 (2029-2032) Phase IV –Lots 23-28 (2032-2035) Phase V –Lots 29-36 (2035-2038) Phase VI –Lots 37-44 (2038-2041) Phase VII –Lots 45-56 (2041-2044) Phase VIII –Lots 57-64 (2044-2047) Phase IX –Lots 65-72 (2047-2050) Phase X –Lots 73-80 (2050-2053) Phase XI –Lots 81-88 (2053-2056) Phase XII –Lots 89-96 (2056-2059) Clark Lane County Road 12-115 is the access to all the main entrances to the subdivision.The site is surrounded by mainly agricultural and residential uses with one commercial neighbor to the west.The East Side Canal runs north and south through the proposed subdivision.The new proposed subdivision roads will require 26'travelways. LOCATION:0 miles west of the Town of Star Valley Ranch,Wyoming in Section 23,25,and 26, Township 35 North,Range 119 West. _____________________________________________________________________________________ EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Correspondence _____________________________________________________________________________________ BACKGROUND: This is 480 acres of farmland in the Thayne and Etna Community Overlay zones on both sides of CR 115 and extends from HWY 89 on the west to the edge of the Town of Star Valley Ranch on the east. Most of the 480 acres is being proposed for 5 acre lots and a 5 acre average.Lots 1-22 are being proposed for a land use of Residential /Commercial,and lots 23-96 are being proposed as Residential only.The twelve phases are between 5-10 lots for each phase,with roughly 3 years between each phase. 107-MA-23 PZC -Etna Ranch Preliminary Plat -Master Plan,November 15,2023 Preliminary PlatCORRESPONDENCE: Lincoln County Weed &Pest:An inspection of the proposed Earl Darway Family Trust–Major Subdivision -within Section 23,25 and 26,T35N R119W,Lincoln County,Wyoming.The purpose of this inspection was to see if there are any of the noxious weeds as to W.S.11-5-102 (a)(xi).At the time of inspection,Dyers Woad,and Hounds Tongue were present.These weeds are on the Wyoming State Noxious Weed list as well as the LincolnCounty Noxious Weed List.These plants have proven to be very invasive and pernicious.According to Wyoming Statute it is illegal to allow any state or county noxious weed to propagate freely.The subdivision representative will need to contactLincoln County Weed and Pest and explain their weed control strategy or work with us to devise one. Star Valley Conservation District: STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Earl Darway,Jr,major subdivision in Star Valley Ranch,Wyoming. A Section 23 Water and Wastewater Study has been performed on this property.This Section 23 water study supersedes any recommendations regarding soil cuts and the high groundwater table in this report. SVCD recommends soil cuts to determine groundwater levels.If ground water is high,we recommend an enhanced septic system and no basements.We recommend that soil cuts be taken in the spring/early summer when groundwater is highest.If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. State Engineer's Office:The SEO has provided a letter,see attached.There are water rights that will need to be addressed by the developer. Wyoming DEQ:DEQ provided a non-adverse recommendation with standard Septic Systems with six of the 96 lots requiring permitting directly through WDEQ due to a fast percolation rate.Lots are approved with individual water wells and determined these are safe and adequate for the Etna Ranch Subdivision.WDEQ Recommend a Plat Warning with the following text: A Chapter 3 Permit to Construct is required for construction of residential sewage systems (septic systems)on all lots within the Etna Ranch Subdivision except for lots 88,90,92,93,95 and 96. Since percolation rates for lots within the Etna Ranch Subdivision has been shown to be less than 5 minutes per inch except for lots 88,90,92,93,95 and 96 a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality is required for the construction of septic systems.It is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality Water Quality Division.A Professional Engineer Licensed with the State of Wyoming must submit the Chapter 3 Permit to Construct Application.It is the individual lot/home owner's responsibility to obtain a Permit to Construct from Lincoln County to construct a sewage system (septic system)for lots 88,90,92, 93 and 96. 107-MA-23 PZC -Etna Ranch Preliminary Plat -Master Plan,November 15,2023 Preliminary PlatAfterdomesticwellinstallationandpriortouse,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). Developer has noted some lot numbers have changed,affecting the correct plat warning. DEQ Recommendation New Lot Number Lot 88 Lot 72 Lot 90 Lot 82 Lot 92 Lot 84 Lot 93 Lot 85 Lot 95 Lot 87 Lot 96 Lot 88 Due to Lot numbers changing,The Plat warning will reflect the lot numbers intended by WDEQ to have the requirements for permitting directly with DEQ. WYDOT: UTILITIES; For any new utility construction within WYDOT right-of-way,the utility companies/owner shall obtain the necessary M-54 utility license via the new on-line permitting process,MainStar,located at https://usa.maintstar.co/Wyoming/Logon.aspx.Currently WYDOT requires any utility company needing access to the MainStar system to contact the local District Office for the license or permit,or to email dot.utilities@wyo.gov to set up your login credentials. An M-21 permit is necessary for new utility connections to existing permitted utilities within WYDOT R/W. WYDOT Utilities Section can be found at the following link: http://www.dot.state.wy.us/home/engineering_technical_programs/utilities_section.html ACCESS &TRAFFIC STUDY: The applicant must submit a traffic impact study for WYDOT review.WYDOT requests the County to condition subdivision approval that the applicant must enter into a cooperative agreement with WYDOT to determine design,construction &maintenance responsibilities for any highway (US 89 &CR 115 intersection)mitigation measures generated and recommended from the traffic impact study. The existing field access in the northwest corner of proposed Lot 22 must be removed.The applicant must obtain an access permit from WYDOT for the access removal. FUTURE US 89: Future widening of US 89,between Thayne and Etna,is anticipated in the distant future.It is anticipated that highway right-of-way acquisitions along US 89 frontage may vary for the subdivision property. For any other work within the highway US 89 right-of-way (fencing,landscaping,etc.)the applicant must obtain the appropriate permits from WYDOT. Public Comment:We have 1 complaint letter opposing the subdivision,see attached. 107-MA-23 PZC -Etna Ranch Preliminary Plat -Master Plan,November 15,2023 £¤89 Star Valley Ranch 30 31 32 20 19 18 29 17 36 15 14 25 34 13 26 35 2422 27 23 35N 118W35N 119W ³±116 ³±115 WesternSkyDrive RobertsRoadEast Etna South Road£¤89KILPATRICK, JOSHUA L & KELLIANNE TRUSTEES CLARK RANCH, LLC WILLIAMS, EMILY K & HUBERT J HUMPHERYS, MARISELAHUMPHERYS,MARISELA HUMPHERYS, MARISELAWALTON &ASSOCIATES LLC SOTELO, THOMASR & TONI M TRUSTEES GENTRY, CHARLES V & TAMRA K STAR VALLEY STORAGE, LLC MCYOUNG, LANCE& JODIE MARION, MEGAN HSANDERSON, CHETJ.& LISA R. DARWAY, EARL J TRUSTEE EVERETT, A ROGERS DARWAY, EARL J TRUSTEE STONE, KAMIEJ TRUSTEE JENKINS,CHAD K FAM REV TRUST CK6 RANCH,LLC HEAP, EVELYNJENKINS INVESTMENT PROPERTIES, LLC EDWARDS, JOHN& PATRICIA, TRUSTEES WHITE, GORDONC & DONNA S TRUSTEES STONE, KAMIE J TRUSTEESTONE, KAMIE J TRUSTEE JENKINS, TROY L YECNY, GERALD G & PATRICIA A BOERSMA, DARIN 4SOM,LLC CAN GRAFREEDOM, LLC PRATT, JEFFREY S CTGX HOLDINGS, LLC HOKANSON,DEE J & IDA L TRUSTEES WALTERS, JUSTIN H ETAL HEAP, EVELYN FREEDOM WYOMING WATER & SEWER DISTRICT STATE OF WYOMING CONGER,JOE B & TERRI L BATES, LYLE & JILLMILLER, BRYAN & JAN M GRONEWALD, DENISE L TRUSTEE JENKINS INVESTMENT PROPERTIES, LLC PETERSEN, EUGENEB TRUSTEE ETAL LEES, ANDREA J ETAL COBURN,CARLINE A. SANDERS, DANNY L & VICKI S TRUSTEESTHELESEN, LARS& ADELE NILES, DAVID & SUZANNEMICHALSKI,ADAM JGERO, PATRICK D.FITZGERALD,JACKSON R & LARI S FITZGERALD,JACKSON R & LARI S VALLEYRANCH HOLDINGS LIMITED LIABILITY COMPANY ZANINOVICH, VINCENT JTRUSTEE ENGLER, PHILLIP & AMANDA GREENGATEFARM EDNA VALLEY, LLC GEPKENS, ERIK H CHENEY, WM C TRUSTEE CHOMA, ROBERT & LISA MEADOWS, STEVEN R& WENDY W TRUSTEES MOUDY, BARTLETT A IV & SHERRY LMOUDY, BARTLETTIV & SHERRY BARGANIER, PATRICIA CANO, SOLEDAD HDAY, MARSHALL D & CAROL J RUEF EWINGS, AMY FRERICKS, MATTHEWD ETAL WORSTER, AMY M TRUSTEE WORSTER, AMY M TRUSTEE BALLS, JERRY & MARTHA TRUSTEESC/O FLOHE SEAN BEARSS, JAKE V & MOLLY ISIMPSON,QUINTIN J BREWINGTON, MARCATANNER KOLIBA,RANDY J & DONNA J WOOLWINE,DANIEL J ETAL OSORIO, FEDERICO & PAULA ORTIZ COLEMAN, CLAIR F & KAYE M TRUSTEES HARDY,BRAD D & JOLIE C COLEMAN, CLAIR F & KAYE M ETAL HARDY,BRAD D & JOLIE C HARDY,BRAD D & JOLIE C HARDY,BRAD D & JOLIE C CAMPBELL, RONALD D CORRAND, FRANCOIS & BRIGITTE TRUSTEES THE TWILIGHTRIFT, LLC WALTON, CASEYWASEM,ARIELD SHANE BUDGE, RICHARDC & HEATHER L TRUSTEESLEEPER, LARRY D &DEBRA K TRUSTEES SAVARESE,PRESTON R & PAIGE R CLARK RANCH, LLC CLARK, MARC & DEANNA KLEIN, HARVEY L &GAIL M CARPENTER,ROBERT D & VICKI L TRUSTEES BROOKS, PHILIP D& RONDA M TRUSTEESPENSCO TRUST COMPANY ETAL DE COSTER, BIANCA DAVIDSON, RICHARD E & PAMELA H BRENT MORTENSEN LIVING TRUST LEWIS,TIM M & JENNIFER R SINGLETON, MAX W& VERONICA E AUTUMN PROPERTIES, LLC CHAPMAN, EARL T TRUSTEE WOLFLEY, CORY B & PAMELA S STEVENS, TYLER K &BONNIE K SEALE, BRENT L & JOANNE M TRUSTEES SGAMBATO, JOSEPH A &MAUREEN TRUSTEES DAVIDSON,RICHARD & PAMELA BARRETT, MALINA A TRUSTEE DARWAY, EARLJ TRUSTEE WILLIAMS, EMILYK & HUBERT J MOORE, DAVID S & KATHY J SCHAPER, DAVIDJ & ELVIRA KOEDER NIELSEN, PRESTON BUFFALO HRANCH PROPERTIES LLC FLYNN, TARA J ROBERTS, SCOTT C & GINGER D WOLFLEY, CHRISTOPHER W & RACHAEL M CONGER, JOE B & TERRI L DEVENY,JANETTE GUSTAFSON, DEAN GOLDSBERRY, AARON L & AMY L HILLMAN, BRUCE NEWMAN, MICHAEL S BELL,JOEL D & JULIA C MILLER, GAVIN & ALICIA C TOPSIDE DEVELOPMENTLLC GOLDEN DOG DEVELOPMENTSLLC CAN GRA FREEDOM, LLC ROBERTS FAMILY TRUST DARWAY, EARL J TRUSTEE PERRY,ROEN C & SUSAN H TRUSTEES DARWAY, EARL J Maxar Major Subdivision Application Projects Township & Range Sections Municipalities Roads Road_Type US Highways WY Highways Public Noticing File No 107 PMA 23 Etna Ranch Earl J. Darway Trustee, Greengate Farm Edna Valley, LLC Prepared using available data by Katie Gipson, on 29 Sept. 2023. Map is for informational purposes only and in no way represents an official survey of land. Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community±Date: 11/7/2023 1:18,056 0 0.2 0.40.1 mi Etna Ranch Roads Municipal Roads US Highways WY Highways County Roads Other Named Roads Parcels (Approximate) Municipal Bndries Township and Range Lines Section Lines © Lincoln County This map is made possible through a joint effort of theOffices of Lincoln County Planning & Zoning and theAssessor's Office. This map is for locational andinformational purposes only. No depiction should beconstrued to be an official survey of land. Accuracy ofdata contained or depicted is neither warranted norassumed. Always contact a qualified surveyor forconfirmation of property boundaries. DEVELOPMENT AGREEMENT ETNA RANCH SUBDIVISION FILE NO.#107-PMA-23 PHASE I of XII THIS AGREEMENT is made and entered into as of the ____day of ______________,202__ 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 Earl J.Darway Family Trust.,hereinafter referred to as OWNER/DEVELOPER”,whose address is P.O.Box 2337 Pismo Beach,CA 93448. WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.#107-PMA-23 Subdivision to subdivide approximately 480 acres into 96 lots as set forth in the Preliminary Plat;and the Phasing Schedule Phase I –Lots 1-10 (2023-2026) Each Phase Will Require a New Development Agreement Phase II –Lots 11-17 (2026-2029) Phase III –Lots 18-22 (2029-2032) Phase IV –Lots 23-28 (2032-2035) Phase V –Lots 29-36 (2035-2038) Phase VI –Lots 37-44 (2038-2041) Phase VII –Lots 45-56 (2041-2044) Phase VIII –Lots 57-64 (2044-2047) Phase IX –Lots 65-72 (2047-2050) Phase X –Lots 73-80 (2050-2053) Phase XI –Lots 81-88 (2053-2056) Phase XII –Lots 89-96 (2056-2059) WHEREAS,the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit A)located in the County;and WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the final plat application by the Lincoln County Board of County Commissioners and the final plat recordation in the Office of the Lincoln County Clerk of Etna Ranch Subdivision; NOW THEREFORE,in consideration of the mutual covenants and conditions contained herein, the parties agree: Page 1 of 10 Section 1.Definitions 1.1 SUBDIVISION:The subject of this Agreement,which is designated and identified as File No.#107-PMA-23 Etna Ranch 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 Earl J.Darway Family Trust,whose address is P.O.Box 2337 Pismo Beach,CA 93448,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 480+/-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 26’width travel lane on all roads on the plat. o Each Cul-De-Sac shall be built to a 60’Radius with the exception of the one between Lots 34 &36 will require a 70’radius cul-de-sac. o Subdivision Roads shall meet all County Standards. ●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 prior to subdivision final approval. ●Wyoming fencing law requirements must be met. 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. Page 2 of 10 Section 3.Sales or building permits.No lot shall be sold prior to final plat approval by the Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk. Also no building permits shall be issued by the County until final plat approval and recording. Section 4.Schedule for Commencement and Completion of the Improvements.The OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION within two (2)years after the SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners.The OWNER/DEVELOPER will complete construction of the Improvements within three (3)years after approval of the Preliminary Plat.If OWNER/DEVELOPER does not commence construction of the Improvements within two (2) years or complete Improvements within three (3)years of the date of SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners,the preliminary plat approval for SUBDIVISION will be automatically revoked.At such time,the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations.If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the 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 Page 3 of 10 built”plans and specifications.Upon inspection,the County shall give written acceptance of the Improvements or a written checklist of material deficiencies,such noted deficiencies shall be specific as to location and shall specify,in detail,the necessary corrective action to be taken by the OWNER/DEVELOPER.Upon approval of the final inspection,the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9.Warranty of the Improvements.The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies,for both materials and workmanship, in the Improvements that occur or become evident within one year.If such defect or deficiency occurs or becomes evident during such period,then the OWNER/DEVELOPER shall,within thirty (30)days after written demand by the County to do so,correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30)days after written demand from the County,the OWNER/DEVELOPER shall commence the correction of the deficiency within the thirty (30)day period and proceed with reasonable diligence to correct the same or cause it to be corrected. 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. Page 4 of 10 Section 14.Binding Upon Successors.This Development Agreement shall be binding upon and inure to the benefit of the parties’respective heirs,successors,assigns and personal representatives. Section 15.Notices.Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail,for delivery by properly addressed, postage prepaid,certified or registered mail,return receipt requested,to the address set forth below. Notices to the County shall be addressed to,or delivered at,the following address: Lincoln County Board of County Commissioners ATTN:Planning Director Planning and Development Office 421 Jefferson St.,Suite 701 Afton,Wyoming,83110 Notices to the OWNER/DEVELOPER shall be addressed to,or delivered at,the following address: Earl J.Darway Family Trust P.O.Box 2337 Pismo Beach,CA 93448 Section 16.Indemnification. A.No Liability for County Approval or Denial.The OWNER/DEVELOPER acknowledges and agrees (1)that the County is not,and shall not be,in any way liable for any damages,loss or injuries whatsoever,including attorney fees,that may be sustained as the result of the County’s issuance or denial of any permits,inspections,approvals or acceptances of the Improvements or use of any portion of the Improvements,and (2)that the County’s issuance or denial of any permits,inspections,approvals or acceptances does not,and shall not,in any way be deemed to insure the OWNER/DEVELOPER,or any of its heirs,successors,assigns,tenants,or licensees or any third party,against damage or injury of any kind. B.Indemnification.Except as provided below,the OWNER/DEVELOPER agrees to,and does hereby,indemnify the County,and all of its elected and appointed officials,officers, employees,agents and representatives from any and all claims,costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1)the County’s review of, denial,or approval of any plans,including those for the Improvements,(2)the inspection or issuance of any approval or acceptance of Improvements,(3)the SUBDIVISION,construction, maintenance or use of any portion of the Improvements and (4)the performance by the OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements.The indemnification required herein shall include,but not be limited to,any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Page 5 of 10 Section 17.Amendments or Alterations.Any changes,omissions,modifications,revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument,executed and signed by all parties. Section 18.Severability.The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 19.Filing.The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Section 20.Authority to Execute.The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners.The OWNER/DEVELOPER hereby warrants and represents to the County (1)that it is the owner of record of the Property or the owner’s authorized representative,(2)that it has the right,power, and authority to enter into this Agreement and to agree to the terms,provisions,and conditions set forth herein and to bind the subdivision as set forth herein,(3)that all legal action needed to authorize the execution,delivery,and performance of this Agreement have been taken,and (4) that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i)result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute,law restriction,court order,or Agreement to which the OWNER/DEVELOPER or the subdivision is subject. Section 21.Regulations.The OWNER/DEVELOPER agrees to abide by all regulations,laws and codes of Lincoln County,the State of Wyoming,and the Federal Government. Section 22.Applicable Law/Venue.The construction,interpretation,and enforcement of this Agreement shall be governed by the laws of the State of Wyoming.The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties,and the venue shall be the Third Judicial District,Lincoln County,Wyoming. Section 23.Insurance.OWNER/DEVELOPER shall procure,and at all times maintain,general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property,all with coverage limits of no less than one million dollars ($1,000,000.00).Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction.Upon request,OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24.Entirety of Agreement.This Agreement sets forth all promises,inducements, agreements,condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding, either oral or written,express or implied,between OWNER/DEVELOPER and County,other than as are stated herein.All Exhibits referenced herein are incorporated in this Agreement as if Page 6 of 10 set forth in full including all text information in the Exhibits.In the event of any conflict of terms in this Agreement and any Exhibits,the terms of this Agreement shall control.Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. Section 25.No Waiver of County Rights.No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for;nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type.The County’s failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval,upon any of the violations of Lincoln County Land Use Regulations,or for misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. Section 26.Sovereign Immunity.The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to law,including government immunity. Section 27.Effective Date.This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF,the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read,understood,and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY ________________________________Date:______________________ Jerry W.Hasen,Chair Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk Page 7 of 10 OWNER/DEVELOPER ________________________________Date:______________________ Earl J.Darway,Trustee of Earl J.Darway Family Trust STATE OF WYOMING ) )ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Earl J.Darway , ______________________of Earl J.Darway Family Trust,this ____day of ______________202__. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires:_______________ Page 8 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Etna Ranch Subdivision 480+/-acres within Section 23,25,and 26,Township 35 North,Range 119 West,in,Lincoln County,Wyoming. Page 9 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached Page 10 of 10 March 7, 2023 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Earl Darway, Jr, major subdivision in Star Valley Ranch, Wyoming. A Section 23 Water and Wastewater Study has been performed on this property. This Section 23 water study supersedes any recommendations regarding soil cuts and the high groundwater table in this report. SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. 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 June 8,2023 To Whom It May Concern, An inspection of the proposed,Earl Darway Family Trust–Major Subdivision -within Section 23,25 and 26,T35N R119W,Lincoln County,Wyoming.The purpose of this inspection was to see if there are any of the noxious weeds as to W.S.11-5-102 (a) (xi).At the time of inspection,Dyers Woad,and Hounds Tongue were present. These weeds are on the Wyoming State Noxious Weed list as well as the Lincoln County Noxious Weed List.These plants have proven to be very invasive and pernicious.According to Wyoming Statute it is illegal to allow any state or county noxious weed to propagate freely.The subdivision representative will need to contact Lincoln County Weed and Pest and explain their weed control strategy or work with us to devise one. Lincoln County Weed and Pest furnishes herbicides for noxious weed control at a reduced cost share discount to the landowner.We also offer ATV sprayers and 25-gallon pickup sprayers for rent. Please know that all visits to the above property as well as any consultations are at no charge,so feel free to call or stop by the office any time if you have any questions. Sincerely, Bryan Nichols Travis Osmond Private Lands Coordinator Supervisor Lincoln County Weed and Pest District Lincoln County Weed and Pest District State Engineer’s Office HERSCHLER BUILDING,2 WEST CHEYENNE,WYOMING 82002 (307)777-6150 MARK GORDON GOVERNOR BRANDON GEBHART,P.E. STATE ENGINEER September 6,2023 Lincoln County Board of Commissioners 925 Sage Ave.,Suite 302 Kemmerer,WY 83101 planning@lincolncountywy.gov RE:Etna Ranch Subdivision WDEQ 2023-183 Dear Commissioners: The State Engineer’s Office Ground Water Division received application material related to the Etna Ranch Subdivision from the Wyoming Department of Environmental Quality,requesting information and advice to the Water Quality Division. The proposed subdivision is to be located in NW ¼of Section 25,part of the N ½of Section 26,and part of the W ½of section 23 of T35N,R119W,Lincoln County,Wyoming.The subdivision consists of 96 lots.The proposed water system is individual on-lot wells.Based upon the review of both the subdivision application and a preliminary search of the agency’s water rights database,the State Engineer’s Office offers the following: Our office reviewed the referenced submittal in compliance with W.S.18-5-306.We find that in respect to W.S.18-5-306(a)(xi)the subdivider needs to address the following items: 1.Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permit P9114.0D,P9115.0D,P9216.0D,P5872.0E,P1266.0E,P7736.0E,and P5331.0E . These acres need to be addressed per Statute (see item 6 for a summary of our findings and the processes to address these acres). Additional Comments: 2.An approved permit from the Wyoming State Engineer’s Office is required prior to the drilling of any water well.The procurement of the necessary and appropriate State Engineer water right permit allows the applicant to attempt to develop a water supply adequate to meet their proposed needs,and is no guarantee that any water will be physically available. 3.If any new wells are proposed,they must be constructed in accordance with the State Engineer’s Office Rules and Regulations,Part III,Water Well Minimum Construction Standards. 4.Any well not to be used must be properly plugged and abandoned as outlined in the above referenced rules and regulations. Surface Water Ground Water Board of Control (307)777-6475 (307)777-6163 (307)777-6178 5.Any wells developed for uses that do NOT fall within the definition of domestic or stock use require adjudication by the Board of Control. 6.The water right search revealed other existing water rights attached to the subdivision lands.Those water rights must be addressed as outlined in Wyoming Statute 18-5-306(a)(xi).To date,the State Engineer’s Office has not received any paperwork addressing the intended disposition of the water rights. Wyoming Statute 18-5-306(a)(xi): (xi)With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior to final approval of the subdivision permit,the subdivider shall provide the following: (A)The intended disposition of the water rights,by: (I)Written documentation from the state engineer or the state board of control that the subdivider submitted to the state engineer or the state board of control all documents necessary to voluntarily abandon the water rights,cancel any unadjudicated permits or eliminate applicable lands from any unadjudicated permits.The subdivider shall notify any purchasers of this action; (II)Written documentation from the state board of control that the subdivider has submitted to the state board of control all documents necessary to change the use or place of use to provide for beneficial use of the water rights outside the subdivision; (III)A plan,accompanied by written documentation from the state engineer approving the plan,for the distribution of the water rights appurtenant to the land to be subdivided.The plan shall specify the distribution of the water to the lots within the subdivision and shall include written documentation from the state board of control that the subdivider submitted to the state board of control all documents necessary to change the use,place of use or point of diversion or means of conveyance in accordance with W.S.41-3-103,41-3-104 or 41-3-114;or (IV)Written documentation from the state board of control that it has accepted an authorization to detach water rights appurtenant to the lands to be subdivided in accordance with rules and regulations promulgated by the state board of control. (B)If the subdivision is located within lands served by or crossed by a ditch,irrigation works or other water conveyance system,evidence that the subdivider submitted the plan to the public entity, company,association or appropriators responsible for the ditch,irrigation works or other water conveyance system for review and recommendation at least sixty (60)days prior to the submittal of the application for the subdivision permit to the board.Upon receipt of the plan,the public entity, company,association or appropriators shall notify the subdivider if and how the subdivision will create a significant additional burden or risk of liability; (C)Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision the subdivider's intent to comply with this paragraph and that the subdivider does not warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision.The subdivider shall further state that Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river; (D)If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41,chapter 7 of the Wyoming statutes,the application shall include recommendations from the irrigation district regarding any changes to the attached water rights and the irrigation district's easements.If there is a conflict with the irrigation district's recommendations, the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with the irrigation district;and (E)If the subdivision will create a significant additional burden or risk of liability to the public entity, company,association or appropriators responsible for the ditch,irrigation works or other water conveyance system,the subdivider shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability and evidence that the subdivider submitted the plan to the public entity,company,association or appropriators for review and recommendation regarding the adequacy of the plan. In all correspondence regarding this application,please reference “State Engineer Subdivision Review Number 2023-23-12”. If you have any questions,please feel free to contact me at (307)777-2974,or if you prefer email,at wesley.frain1@wyo.gov.Thank you for the opportunity to comment on the subdivision application. Sincerely, Wesley Frain Natural Resources Analyst TRANSMITTED VIA EMAIL Cc:Lisa Lindemann,Administrator,Ground Water Division Jed Rockweiler,Administrator,Surface Water Division Cheryl Timm,Administrator,Board of Control Division Kevin Payne,Superintendent,Water Division IV Mike Johnson,Hydrographer/Commissioner,Water Division IV,District 12