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Home My WebLink AboutComplete BCC Staff Report 103 MA 24 PP Founders Park with revisions103 MA 24 BCC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Major Subdivision Preliminary Plat HEARING TIME AND DATE: 10:00 a.m., May 8, 2024 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building Conference Room, 421 Jefferson St., Afton, Wyoming FILE # 103 MA 24 APPLICANT: Salt River Development, LLC PROJECT NAME: Founders Park Subdivision COMMUNITY PLAN AREA: Etna ZONING: Mixed Use. PLANNER: Emmett Mavy REPRESENTATIVE: Surveyor Scherbel, Ltd. PARCEL ID: 3619-353-00-264 ASSOCIATED FILES: Master Plan 107 MP 24, Previous Master Plan 106 PZ 21 _______________________________________________________________________________ PROPOSAL: Major Subdivision Preliminary Plat Application proposal to subdivide 48.49 +/- acres into 22 residential lots, three multi-family lots, one commercial lot, and two parks. The average lot size will be 1.86 +/- acres in the Mixed Zone. The lots will share private subdivision roads accessed from U.S. Highway 89. The developer will install a central water distribution system. Each lot will require an engineered enhanced septic system permitted by a Wyoming licensed engineer through the Wyoming Department of Environmental Quality (DEQ) as determined by the Chapter 23 Study. LOCATION: Located three miles north of the Town of Star Valley Ranch, Wyoming in T36N, R119W, Section 35. _______________________________________________________________________________ ATTACHMENTS: 1.Subdivision Plat 2.Vicinity Map 3.Agency Correspondence 4.Draft Development Agreement _______________________________________________________________________________ PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that the Board of County Commissioners APPROVE File # 103 MA 24 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. 103 MA 24 BCC FINDINGS OF APPROVAL: A.The proposed subdivision is consistent with the 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. B.The proposed subdivision is consistent with the standards and procedures of the Lincoln County Land Use Regulations including Residential Density Standards, Chapter 6 Table 6.1 for Major Subdivisions in the Mixed Zone. C.The proposed subdivision is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. CONDITIONS OF APPROVAL: 1.Compliance with agency requirements: The developer/owner shall obtain any and all County, State, and Federal permits, licenses, and other approvals for the construction and/or operation of the project. This may include: Local Fire District, Wyoming Department of Fire Prevention and Electrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department of Environmental Quality (DEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 2.The developer shall move the proposed well site so that the entire water well protection area is within the proposed subdivision, or have an easement for a wellhead protection site with the property owner to the south. 3.The developer shall enter into a Development Agreement with the County. The Development 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. Lots are not buildable until the Final Plat is recorded for each lot. 4.The developer shall construct an approved subdivision road with a minimum 26 foot roadway width and a cul-de-sac with a 70 foot radius, and construct a bike path eight feet wide. 5.The two community park lots shall be labeled as Community Park Open Space on the plat. The Certificate of Owners shall include a statement granting the Community Park Open Space to the HOA. 6.The following DEQ Plat Warning shall be added: 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 Founders Park 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 28 lots within the Founders Park Subdivision, it is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of 103 MA 24 BCC Environmental Quality for the construction and/or modification of an enhanced treatment septic system. A Wyoming Licensed 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 Water Quality Division Northwest 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. Results from groundwater quality testing, indicates that the proposed groundwater supply might not meet United States Environmental Protection Agency's (USEPA), secondary drinking water standard for iron. The contamination level for iron was 0.58 mg/Lor 193% greater than the standard. Since iron contamination can be removed from groundwater with treatment, the proposed water system is safe and adequate with treatment for the Founders Park Subdivision. A Wyoming Department of Environmental Quality Water Quality Division Chapter 3 Permit to Construct is required for the construction of all public water supply wells, water storage and water mains. 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. If maximum contaminate levels are exceeded for any of the primary or the secondary contaminants it is suggested to have a Wyoming Licensed Professional Engineer design a water treatment system to reduce the contaminant levels below the maximum contaminant levels. In addition, the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org). AGENCY CORRESPONDENCE: Lincoln County Weed & Pest: The subdivision representative will need to contact Lincoln County Weed & Pest in the spring of 2022. At that time, we will review a map of the proposed subdivision as well as schedule an appointment to go onsite to evaluate the noxious weeds in the area. The purpose of this visit is to ensure that a weed management plan be in place on the above mentioned property. Star Valley Conservation District: Due to large variations in groundwater levels, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. 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. Please note that the property has an irrigation water right from the East Side Canal as well as water from Strawberry Creek through the Hardman Ditch. Due to this fact, it is highly recommended that no landscaping such as trees, shrubbery, etc., be placed within 15 feet of either side of the canal. For more information, please contact the watermaster, Jared Jenkins, at 307-690-2221. 103 MA 24 BCC Wyoming Department of Environmental Quality: 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 Founders Park 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 28 lots within the Founders Park 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 Licensed 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 Water Quality Division Northwest 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. Results from groundwater quality testing, indicates that the proposed groundwater supply might not meet United States Environmental Protection Agency's (USEPA), secondary drinking water standard for iron. The contamination level for iron was 0.58 mg/Lor 193% greater than the standard. Since iron contamination can be removed from groundwater with treatment, the proposed water system is safe and adequate with treatment for the Founders Park Subdivision. A Wyoming Department of Environmental Quality Water Quality Division Chapter 3 Permit to Construct is required for the construction of all public water supply wells, water storage and water mains. 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. If maximum contaminate levels are exceeded for any of the primary or the secondary contaminants it is suggested to have a Wyoming Licensed Professional Engineer design a water treatment system to reduce the contaminant levels below the maximum contaminant levels. In addition, the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org). State Engineer's Office: 1. Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permits P1266.0E and 3139.0E. These acres need to be addressed per Statute (see item 9 for a summary of our findings and the processes to address these acres). 2. Wells associated with central water systems require permits from the Wyoming State Engineer’s Office, in addition to acquiring the proper permit(s) from the Wyoming Department of Environmental Quality. 3. Our records indicate there is a water well located within the proposed subdivision under Permit P23129.0W (Jackson #1). Our office requests GPS coordinates for the existing well, and an 103 MA 24 BCC updated legal location description including the subdivision name and appropriate lot number. Alternatively, the subdivider could submit an abandonment notice or cancellation request for this well. Wyoming Department of Transportation: WYDOT has no objections for the proposed master plan modifications. WYDOT recently, summer 2023, issued a shared commercial access permit (Airstream WY & Founders Park) at MP 109.73 across from Pinto Ln, reflected as shown in the master plan. This will be the only highway access for this property. The existing field access at MP 109.61 must be removed as conditioned in the access permit mentioned above. £¤89 19 30 31 23 2422 27 36 25 33 35 26 34 2128 06020301 36N 119W 36N 118W 35N 118W 35N 119W Rock Farm CourtBlack Canyon Road Conestoga Road Rorke Road Rock Farm RoadPinto LaneStockman Road£¤89BEDFORD LLC ALLRED, LAEL L& CHRISTINA K TRUSTEES CORSI, JAMES M OUTHOUSE PROPERTIES 2, LLC JUDGE, STEPHEN W ROBERTS, JAMES S & LESLIE A SUNROCCORPORATION TROMPETER, BARBARA A WHEATLEY, LILA B WHEELERPROPERTIES, LLC ANDERSON, SCOTT G &JENNIFER A CHASON,KAREN J CHASON, HUBERT L& LISA F ROBINSON, HEIDI ANNE ROBERTS, JAMES C & SHARRI L CORSI,JAMES M ALLRED, LAELL & CHRISTINA K TRUSTEES MOWERS, TANNER & RACHELLE WSP PARTNERSLLC WSPPARTNERS LLC BROKE'NSADDLE RANCH, LLC FIEBKE, JACOB P W.E.B. INDUSTRIES,LLC HORNUNG, JAMEY H & DINA L MEYER, RYAN KENNY,SHANNON E ETAL RAVER, DANIELLE I TRUSTEE HINMAN, JEFFERY STRUSTEE SMITH,GEORGE J LANDSVERK, RICHARD J & ESTHER LANGELES, JULIO C & JASMIN M HERNANDEZ PONCE, ELEUTERIO N &VIANEL HERNANDEZ JD ID WY LLC WOLFLEY, JOHN & REBECCA RORKE, CHRISTOPHER J & ROSE MARIE ETNA RORKE LLC HENRIE, MICHAEL J DLDDECKER-WY, LLC GREENE, STEVEN J & KIMBERLY J WILKINSON SINCLAIR, ALEX D & HOLLY L SALT RIVER DEVELOPMENT, LLC OLIVER, BARBARAM TRUSTEE, ETAL FRANCESCHI,STEVEN R & KATHRYN DECKER, KEVIN R & ALLYSONRINEHART SMITH,GEORGIA ETAL SMITH, GEORGE J SMITH, GEORGE J SMITH,GEORGE J SMITH, GEORGE J SMITH, GEORGE J SMITH, GEORGE J SMITH, GEORGE J SMITH, GEORGE J EVANS CONSTRUCTION COMPANY 307 INVESTMENT PROPERTIES, LLC JUDGE, THOMAS M & LEE ELLEN ROSA INVESTMENTS,LLC LANGER, ROBERT D BOYER, TODD A ETAL LANGER, ROBERT D MATTHEISEN, JACOB S &SHARON E MUNGER, JONATHAN CROCKER, TANYA BLACKBIRD RENTALS, LLC BLACKBIRD RENTALS, LLC NETHERCOTT,LEROY B HANSEN, DANNY OLVERA, MARIA WOLFLEY,JOHN & REBECCA MONARCHRANCH, LLC PARK, MARVIN &RAYOLA TRUSTEES CROCKER, TANYA J CLINE, TIMOTHY F CLELAND, DOUGLAS G RORKE,CHRISTOPHER J & ROSE MARIE RORKE, CHRISTOPHER J & ROSE MARIE RORKE, CHRISTOPHER J & ROSE MARIE RAMOS,FLORENCIA M RORKE ROAD LLC ETNA RORKE LLC ROSA INVESTMENTS,LLC TRANSPORTATION COMMISSION OFWYOMING TRANSPORTATION COMMISSION OF WYOMING TRANSPORTATIONCOMMISSION OF WYOMING CRABBS, SCOTT ETAL SOLID CONCRETE LLC JUST FOR KIDS, LLC RIMINI, ROBERT R JR& MELINDA M ROGERS, SHANNON M VOGEL,MICHAEL J & LYNN A OTTOBRE,ANTHONY A & JANELL M SAVARESE, PAIGE GALLES,STEVEN & DONNA SONDGEROTH, SHELIA R & JAMES A SONDGEROTH,CLAY TOPP, CECIL O & DENISE S UNDERWOOD CONSTRUCTION SERVICES,INC PALMER, JEFF DONLEY, PATRICA A CRABBS, SCOTT PRUSA, JENNIFER CRABBS,SCOTT ETAL Maxar, Microsoft Major Subdivision Application Projects Public Noticing Roads Road_Type US Highways WY Highways Township & Range Sections Municipalities File No 103 MA 24 Founders Park Salt River Development, LLC Prepared using available data by Elizabeth Williams, on 27 Feb. 2024. Map is for informational purposes only and in no way represents an official survey of land. December 6, 2022 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Founder Park-Salt River Development, LLC major subdivision, north of Etna, Wyoming. Due to large variations in groundwater levels, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. 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. Please note that the property has an irrigation water right from the East Side Canal as well as water from Strawberry Creek through the Hardman Ditch. Due to this fact, it is highly recommended that no landscaping such as trees, shrubbery, etc., be placed within 15 feet of either side of the canal. For more information, please contact the watermaster, Jared Jenkins, at 307-690-2221. 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 Founder Park, Salt River Development Major Subdivision Etna, Wyoming December 6, 2022 Location The Founder Park, Salt River Development, LLC major subdivision is in the Southwest ¼ of the 35th section of T36N R119W, north of Etna, Wyoming. This subdivision consists of 49± acres and will be divided into 28 lots. The drainage is 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 45 and 340 feet below ground surface. According to Surveyor Scherbel’s Office, owner’s agent, the 28 lots will each have individual wells and septic systems. Due to the large variation of groundwater levels, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. 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. Please note that the property has an irrigation water right from the East Side Canal as well as water from Strawberry Creek through the Hardman Ditch. Due to this fact, it is highly recommended that no landscaping such as trees, shrubbery, etc., be placed within 15 feet of either side of the canal. For more information, please contact the watermaster, Jared Jenkins, at 307-690-2221. Salt River The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does not support the designated use for contact recreation use due to elevated levels of fecal coliform bacteria. In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed- planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July 2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ. SVCD continues to monitor the watershed. We have collaborated with landowners to implement fencing and off stream watering for livestock. We also provide a cost share to homeowners to pump septic systems after attending our septic workshops. The Salt River Watershed Plan identifies rural subdivisions as adversely affecting water quality in the Salt River Watershed. Storm water run-off from this subdivision should be managed using best management practices to ensure that pollutants such as storm water runoff, animal wastes, sediment, and fertilizers do not reach the irrigation ditches or other surface waters in the area. National Pollutant Discharge Elimination System (NPDES) The Wyoming Department of Environmental Quality (WYDEQ) requires all construction sites that disturb 1 acre or more to have a construction NPDES permit. The areas do not have to be contiguous. The permit requires construction site operators to implement appropriate erosion and sediment control best management practices, control waste such as discarded building materials, concrete truck wash-out, chemicals, litter, and sanitary wastes. Operators of construction activities must develop a Storm Water Pollution Prevention Plan (SWPPP) that describes the measures to be implemented at the construction site that will eliminate or minimize pollutants from the project from reaching surface waters. The terms and conditions of the permit must be implemented until the land disturbed by construction activities has been ‘finally stabilized.’ Finally stabilized is defined as “all soil disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all disturbed unpaved areas and areas not covered by permanent structures”. If construction will disturb 5 or more acres a stormwater permit from WYDEQ is required. For more information regarding the NPDES requirements please contact Katy Sprouse by phone or email at 307-777-7570 (katysprouse@wyo.gove)Anita Rehner, WYDEQ Program Coordinator at 307-777-5622 or (arehner@state.wy.us). Soils The following soils information provided by the Natural Resources Conservation Service (NRCS) Soil Survey of Star Valley Area, Wyoming – Idaho. This information does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by a Wyoming Licensed Engineer experienced in the design and construction of engineering work. The proposed subdivision is comprised of 3 soil types identified as Greyback Gravelly loam (Gg), Thayne Loam 3 to 6 percent slopes (TeB), and Thayne Gravelly loam 3 to 6 percent slopes (ThB). Limitations: ‘not limited’ indicates that the soil has features that are favorable for the specified use, good performance and very low maintenance can be expected. ‘Somewhat limited’ indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, and installation. Fair performance and moderate maintenance can be expected. Soils with ‘very limited’ designations indicate that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures, poor performance and high maintenance can be expected. Dwelling with and without basements: The degree of limitations for dwellings with and without basements for all three soil types in this subdivision is rated as Not Limited. However, for Small Commercial Buildings, Greyback Gravelly loam (Gg) is rated as Not Limited. Areas containing Thayne gravelly loam 3 to 6 percent slopes (ThB) and Thayne loam 3 to 6 percent slope (TeB) the limitations are rated as Somewhat Limited due to slope. Soil cuts were not conducted as part of this review. Care should be taken not to locate buildings in the intermittent drainage or any drainage channel where overland flooding could occur during early spring snowmelt or heavy thunderstorms. Sewage Disposal: The degree of limitations for septic tank absorption fields for areas containing Greyback Gravelly loam (Gg) is listed as Very Limited due to seepage. For areas containing both Thayne loams 3 to 6 percent slope (TeB) and Thayne Gravelly loam 3 to 6 percent slope (ThB) the rating is Somewhat Limited due to slow water movement. Roads and streets: The degree of limitations for roads and streets for areas containing Greyback Gravelly loam (Gg) is listed as somewhat Limited for frost action. Areas containing both Thayne loam 3 to 6 percent slope (TeB) and Thayne Gravelly loam 3 to 6 percent slope (ThB) are listed at Very Limited due to frost action. Shallow excavations: The degree of limitations for shallow excavations for all three soil types-Greyback Gravelly loam (Gg) Thayne loam 3 to 6 percent slope (TeB) and Thayne Gravelly loam 3 to 6 percent slope (ThB) are listed at Very Limited due to cutbanks cave. Erosion Hazard: The potential of erosion hazard for unsurfaced roads and trails in areas containing Greyback Gravelly loam (Gg) is rated as Slight. Areas containing Thayne Loam 3 to 6 percent slopes (TeB) and Thayne Gravelly loam 3 to 6 percent slopes (ThB) is listed as Moderate due to slope/erodibility. All three soil types are rated as slight for potential erosion of construction sites. 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. Noxious Weeds Lincoln County Weed and Pest report is included separately. Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a discount to landowners. Check with Weed and Pest to see if you qualify. They also offer ATV sprayers and 25-gallon pickup sprayers for rent. All visits to the property as well as any consultations are at no charge. To contact Lincoln County Weed and Pest call 307-885-9333 (WEED). Small Acreage Grazing/Livestock Management Please be aware, grazing animals on small acreages can have a significant impact on the condition of soil, water, plants, and other natural resources. Care should be taken to ensure agricultural activities such as grazing, corrals, pastures, feedlots, animal waste storage or spreading does not take place within any wellhead protection zone. Best management practices should be implemented on these parcels to ensure animal wastes does not reach spring or Salt River during times of high water, snow melt, or storm run-off. This can be done by using berms, filters strips, grassed swales and catch ponds. The SVCD recommends the individual lot owners obtain a site-specific grazing and waste management conservation plan from the local Natural Resources Conservation Service office in Afton. The plans are provided free of charge. For mor information, please contact Adam Clark, 307-886-9001 ext.109, adam.p.clark@usda.gov. Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommends following the guidelines in the University of Wyoming Barnyards and Backyards Living with Wildfire in Wyoming publication. http://www.uwyo.edu/barnbackyard/_files/documents/resources/wildfire2013/wildfire_web.pdf Wildlife Friendly Fencing Fences cause the direct mortality of wildlife through entanglement and prohibition of movement to seasonal ranges. Fences constructed or currently in existence on the property should be designed to allow free and unrestricted movement of wildlife. Wyoming Game and Fish Department recommends fences be built to minimally restrict livestock and horses, while allowing free movement of wildlife (e.g. a smooth bottom wire 16-18 inches above ground, a 39- inch maximum height and at least 12 inches between the top two wires). Wildlife can benefit from any area of open space. For more information please see Fencing Guidelines for Wildlife Wyoming Game & Fish Habitat Extension Bulletin No. 53 at the Wyoming Game and Fish website http://gf.state.wy.us/downloads/pdf/habitat/Bulletin%20No.%2053.pdf. Homeowners should protect ornamental shrubs used for landscaping and future homeowners should know that, by state statute, the Wyoming Game and Fish Department is not liable for damage caused to ornamental plants by wildlife. The potential exists for wildlife conflicts, especially between wildlife and free-ranging domestic pets. The landowner should take precautions to minimize harassment of wildlife by dogs and cats. It is illegal to allow pets to chase or kill wildlife. Likewise, rural landowners should recognize that black bears, mountain lions, and other carnivores may come near their dwellings and may pose a threat to pets allowed to range freely. Sensitive Species and Historical Resources Sensitive, threatened, or endangered species were not evaluated as part of this review. STAR VALLEY CONSERVATION DISTRICT Kay Lynn Nield District Manager State Engineer’s Office HERSCHLER BUILDING,2 WEST CHEYENNE,WYOMING 82002 (307)777-6150 MARK GORDON GOVERNOR BRANDON GEBHART,P.E. STATE ENGINEER February 20,2024 Lincoln County Board of Commissioners 925 Sage Ave.,Suite 302 Kemmerer,WY 83101 planning@lincolncountywy.gov RE:Founders Park Subdivision WDEQ 2024-025 Dear Commissioners: The State Engineer’s Office Ground Water Division received application material related to the Founders Park 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 the SW¼of Section 35,T36N,R119W,Lincoln County, Wyoming.The subdivision consists of 28 lots.The proposed water system is a central water system. 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 Permits P1266.0E and 3139.0E.These acres need to be addressed per Statute (see item 9 for a summary of our findings and the processes to address these acres). Additional Comments: 2.Wells associated with central water systems require permits from the Wyoming State Engineer’s Office,in addition to acquiring the proper permit(s)from the Wyoming Department of Environmental Quality. 3.Our records indicate there is a water well located within the proposed subdivision under Permit P23129.0W (Jackson #1).Our office requests GPS coordinates for the existing well,and an updated legal location description including the subdivision name and appropriate lot number. Alternatively,the subdivider could submit an abandonment notice or cancellation request for this well. Surface Water Ground Water Board of Control (307)777-6475 (307)777-6163 (307)777-6178 4.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 groundwater 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. 5.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. 6.With few exceptions,new wells must be constructed by a Wyoming licensed water well drilling contractor,and pumps must be installed by a Wyoming licensed pump installation contractor. 7.Any well not to be used must be properly plugged and abandoned as outlined in the above referenced rules and regulations. 8.Any wells developed for uses that do NOT fall within the definition of domestic or stock use require adjudication by the Board of Control. 9.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 2024-10-12”. 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 4/9/24, 11:17 AM LINCOLN COUNTY WYOMING Mail - Public Notice for 107 MP 24 & 103 PMA 24 Founders Park Subdivision https://mail.google.com/mail/u/0/?ik=8e4afe6fc8&view=pt&search=all&permmsgid=msg-f:1795422364494870851&simpl=msg-f:1795422364494870851 1/1 Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Public Notice for 107 MP 24 & 103 PMA 24 Founders Park Subdivision Darin Kaufman <darin.kaufman@wyo.gov>Thu, Apr 4, 2024 at 10:29 AM To: Katie Gipson <katie.gipson@lincolncountywy.gov>, Emmett Mavy <emmett.mavy@lincolncountywy.gov>, Planning <planning@lincolncountywy.gov> Katie, Thank you for the opportunity to comment. WYDOT has no objections for the proposed master plan modifications. WYDOT recently, summer 2023, issued a shared commercial access permit (Airstream WY & Founders Park) at MP 109.73 across from PInto Ln, reflected as shown in the master plan. This will be the only highway access for this property. The existing field access at MP 109.61 must be removed as conditioned in the access permit mentioned above. 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 utilitieswithin 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 If you have any questions or concerns, please let me know. Thank you. Darin Kaufman, P.E., PTOE WYDOT District 3 Traffic Engineer 3200 Elk Street Rock Springs, WY 82902 Office: 307.352.3034 Cell: 307.389.0235 [Quoted text hidden] E-Mail to and from me, in connection with the transaction of public business, is subject to the Wyoming Public Records Act and may be disclosed to third parties. 103 MS 24 Page 1 of 10 DEVELOPMENT AGREEMENT FOR FOUNDERS PARK SUBDIVISION FILE NO. 103 MA 24 PHASE I THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2024 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Salt River Development, LLC hereinafter referred to as OWNER/DEVELOPER”, whose address is Salt River Development, LLC, P.O. Box 613, Smoot, Wyoming 83126. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 103 MA 24 Founders Park Subdivision to subdivide approximately 48.5+/- acres into 28 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 Founders Park 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. 103 MA 24 Founders Park 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 Salt River Development, LLC, whose address is P.O. Box 613, Smoot, Wyoming 83126, 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 48.5+/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 103 MS 24 Page 2 of 10 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: ● Construct an approved subdivision road with a minimum 26’ roadway width and a cul- de-sac with a 70’ radius. The subdivision road shall meet all Lincoln County Road Standards. ● Submit a Water Distribution Plan to the State Engineer’s Office if water rights exist on the property. ● Install electrical power and communication lines to each identified lot. ● Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. ● Reseed disturbed areas to avoid weed infestation and erosion. ● Purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Development Office. ● Install road and stop signs after completion of improvements and final subdivision approval (see Lincoln County Land Use Regulations 6.18). ● Meet subdivision fencing laws per Wyoming Statute 18-5-319. OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies responsible for providing services to the Development. Section 3. Sales or building permits. No lot shall be sold prior to final plat approval by the Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk. Also, no building permits shall be issued by the County until final plat approval and recording. Section 4. Schedule for Commencement and Completion of the Improvements. The OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the Improvements within three (3) years after approval of the Preliminary Plat. If OWNER/DEVELOPER does not commence construction of the Improvements within two (2) years or complete Improvements within three (3) years of the date of SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners, the preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat shall be signed and recorded. 103 MS 24 Page 3 of 10 Section 5. Control of trash, weeds, dust, erosion, and sedimentation. The OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land and shall therefore apply before, during, and until completion of Improvements. Section 6. Permits. The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of-way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Section 7. Inspections. The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements. The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of “as built” plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as built” plans and specifications. Upon inspection, the County shall give written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written demand from the County, the OWNER/DEVELOPER shall commence the correction of the deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. 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, 103 MS 24 Page 4 of 10 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. 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 925 Sage Ave., Ste 201 Kemmerer, WY 83101 103 MS 24 Page 5 of 10 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: Salt River Development, LLC P.O. Box 613 Smoot, Wyoming 83126. Section 16. Indemnification. A. No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County’s issuance or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees or any third party, against damage or injury of any kind. B. Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1) the County’s review of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The indemnification required herein shall include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Section 17. Amendments or Alterations. Any changes, omissions, modifications, revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument, executed and signed by all parties. Section 18. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 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) 103 MS 24 Page 6 of 10 that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute, law restriction, court order, or Agreement to which the OWNER/DEVELOPER or the subdivision is subject. Section 21. Regulations. The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government. Section 22. Applicable Law/Venue. The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judicial District, Lincoln County, Wyoming. Section 23. Insurance. OWNER/DEVELOPER shall procure, and at all times maintain, general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24. Entirety of Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OWNER/DEVELOPER and County, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. 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. 103 MS 24 Page 7 of 10 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: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 103 MS 24 Page 8 of 10 OWNER/DEVELOPER ________________________________ Date: ______________________ Salt River Development, LLC STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Salt River Development, LLC, this ____ day of ______________ 2024. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 103 MS 24 Page 9 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Founders Park Subdivision 48.5 +/- acres within Section 35, Township 36 North, Range 119 West, in, Lincoln County, Wyoming. 103 MS 24 Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached