HomeMy WebLinkAbout102 MA 24 Harmon 5th BCC Staff Report
102 MA 24
BCC
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
Major Subdivision Preliminary Plat Application
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 # 102 MA 24
APPLICANT: Michael Shiflett and Marsha Shiflett
PROJECT NAME: Harmon Subdivision Fifth Filing – Preliminary Plat
COMMUNITY PLAN AREA: Upper Valley
ZONING: Rural
PLANNER: Emmett Mavy
REPRESENTATIVE: Surveyor Scherbel, Ltd.
PARCEL ID: 3119-141-00-672 & 3119-141-00-673
______________________________________________________________________________
PROPOSAL: Major Subdivision Preliminary Plat Application to subdivide 24.7 +/- acres into four (4)
residential lots with an average lot size of 6.00 +/- acres in the Rural Zone. The Subdivision will share a
private subdivision road, Harmon Lane, off of County Road 146 southwest of the Town of Afton.
Harmon Lane is currently constructed through the loop, but the platted cul-de-sac at the south end of
Lots 11 & 12 will need to be constructed. Each lot will have individual wells and individual engineered
enhanced septic systems. The site is surrounded by agricultural uses with residential lots to the north.
LOCATION: Located 1.6 miles southwest of the Town of Afton, Wyoming in T31N, R119W, Section
14.
ATTACHMENTS:
1. Preliminary Plat
2. Vicinity Map
3. Draft Development Agreement
4. Correspondence
5. Harmon Prior Subdivisions: 1st, 2nd, 3rd & 4th Filings
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommends that the Board of County Commissioners
APPROVE File #102 MA 24 Harmon Subdivision Fifth Filing, a Major Subdivision Preliminary
Plat, with:
● Findings of Approval A. thru C.
● Conditions of Approval 1. thru 6. ● Recommendation for the Board Chairman to sign the Development Agreement.
102 MA 24
BCC
FINDINGS OF APPROVAL:
A. The proposed subdivision is consistent with the goals and objectives of the Lincoln County
Comprehensive Plan.
B. The proposed subdivision is consistent with the standards and procedures of the Lincoln County
Land Use Regulations.
C. The proposed subdivision is consistent with Wyoming Statutes 18-5-301 through 18-5-315.
CONDITIONS OF APPROVAL:
1. The developer/owner shall comply with all of the County, State, and Federal laws and regulations.
2. 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).
3. The developer shall enter into a Development Agreement with the County.
4. The developer shall construct an approved subdivision road with the minimum: 26 foot roadway
width from the loop at the end of the existing Harmon Lane through the existing 60 foot radius
cul-de-sac south of Lots 11 & 12.
5. 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.
6. Add the following DEQ Plat Warning to the Final Plat;
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
Harmon Subdivision 5th Filing 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 4 lots within the Harmon Subdivision 5th Filing 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 the4 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.
102 MA 24
BCC
Results from groundwater quality testing, indicates that the proposed groundwater supply might
not meet Unites States Environmental Protection Agency's (USEPA), secondary drinking water
standard for iron and manganese. The contamination level for iron was 1.21 mg/L or 403%
greater than the standard. The contamination level for manganese was 0.072 mg/L or 144%
greater than the standard. Since iron and manganese contamination can be removed from
groundwater with treatment, the proposed water system is safe and adequate with treatment for
the Harmon Subdivision 5th Filing.
After domestic well installation and prior to use, the WDEQ and WQD suggests that
homeowners have their well sampled for the following constituents: The National Primary
Drinking Water Regulation 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: At the time of inspection, Black Henbane, Leafy Spurge, Hounds
Tongue and Dyers Woad 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.
Star Valley Conservation District: A Chapter 23 Water & Wastewater Study has been completed on
this project. Any recommendations in the study supersede all recommendations made by the Star Valley
Conservation District.
Recommended Plat Warnings: no plat warning recommendations
The Star Valley area is known to experience large fluctuations in groundwater levels depending on the
time of year. Due to these fluctuations, SVCD always recommends that soil cuts be taken in the
spring/early summer when groundwater is highest. If soil cuts are done at other times, please note that
the static water levels can fluctuate according to the amount of high runoff from year to year.
State Engineer's Office: Our records indicate that there may be some irrigated acres associated with
the subdivision lands under Permit P133.0E. These acres need to be addressed per Statute (see item 7
for a summary of our findings and the processes to address these acres).
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 Harmon Subdivision 5th Filing 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
102 MA 24
BCC
removal technology that is capable of achieving an effluent Fecal Coliform count of less than 800
colonies/100 mL (maximum 30-day geometric mean).
For all 7 lots within the Harmon Subdivision 5th Filing 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 the4 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 Unites States Environmental Protection Agency's (USEPA), secondary drinking water standard for
iron and manganese. The contamination level for iron was 1.21 mg/L or 403% greater than the
standard. The contamination level for manganese was 0.072 mg/L or 144% greater than the standard.
Since iron and manganese contamination can be removed from groundwater with treatment, the
proposed water system is safe and adequate with treatment for the Harmon Subdivision 5th Filing.
After domestic well installation and prior to use, the WDEQ and WQD suggests that homeowners have
their well sampled for the following constituents: The National Primary Drinking Water Regulation
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).
BACKGROUND:
Harmon Subdivision started as a one lot subdivision on December 2, 2017 for land east of the proposed
Harmon Subdivision Fifth Filing. Harmon Subdivision Second Filing was filed July 1, 2021 and created
two lots. Harmon Third Filing consisted of land south of the Simple Subdivision that was split on
January 7th, 2022. The Fourth Filing was a Minor Subdivision to merge one lot from Harmon Second
Filing and another lot from Harmon Third Filing. This Fifth Filing is proposed to split Lots 5 & 8 of the
Fourth Filing. Property is within the Afton Airport Safety Zone C and Conical Zone.
UV241
UV236 £¤89
Afton
1110
01
1315
22 24
12
02
14
03
23
06 05
19
18
0807
17
20
31N 119W 31N 118W ³±146
Secluded DriveHarmonLaneJARACZ,SUSAN H
DRANEY,
COLTER T
& LISA
BAIRD, J
RUSSELL &
MARGERY C
NEUENSCHWANDER,
MIKE & BECKY
TRUSTEES
ADAMS, ERICMITCHELL,
MICHAEL
& SIERRAROSKIE FAMILYREVOCABLE TRUST
ERICKSON,
BEAU &JENNIFER
ERICKSON,
BEAU D &JENNIFER
ERICKSON,
GARIN R &
RAMIE R
ERICKSON,BEAU &
JENNIFER
PETERSON,JEREMY M & SARA
A TRUSTEES
KALLGREN
JEREMY &CORENNE
KALLGREN, JEREMY
& CORENNE
TRUSTEES
LAUBE,
PETER J
ROSKIE FAMILY
REVOCABLE TRUST
HILLSTEAD,
PATRICIA L
HERRMANN,
KARL A ETAL
SIX
STRINGS,
INC
SYPHERD, DREW
S & CINDY
L TRUSTEES
6S HOLDINGS,LLC
PUTNAM, LEO
H & SHIRLEYK TRUSTEES
KENNINGTON,
STEPHEN R
TURNER,
KEVIN S
BOOTH,
LARRY& BECKY
SHIFLETT,
MICHAEL& MARSHA
HARMON,
VANCEM ETAL
LAUBE,
PETER J
SHIFLETT,
MICHAEL
& MARSHA
SIXSTRINGS,
INC
NICHOLS,
BRYAN &
SAYDI
Maxar, Microsoft
Major Subdivision Application
Projects
Roads
Road_Type
US Highways
WY Highways
Township & Range
Sections
Municipalities
Public Noticing
File No 102 MA 24
Harmon 5th Filing
Michael & Marsha Shiflett
Prepared using available data by Elizabeth Williams, on 25 Mar. 2024. Map is for informational purposes only and in no way represents an official survey of land.
Page 1 of 10
DEVELOPMENT AGREEMENT
FOR HARMON SUBDIVISION FIFTH FILING
FILE NO. #102 MA 24
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 Michael Shiflett and Marsha
Shiflett hereinafter referred to as OWNER/DEVELOPER”, whose address is Michael and
Marsha Shiflet 2270 State Highway 241 Afton, WY 83110.
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No.# 102 MA 24 Subdivision to subdivide approximately 24.7 acres into 4 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 Harmon Subdivision Fifth Filing;
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein,
the parties agree:
Section 1. Definitions
1.1 SUBDIVISION: The subject of this Agreement, which is designated and identified as
File No. #102 MA 24 Harmon Subdivision Fifth Filing 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 Michael Shiflett and Marsha Shiflett
whose address is 2270 State Highway 241 Afton, WY 83110, the party that owns and is
developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s)
of the Property.
Page 2 of 10
1.4 PROPERTY: means and refers to the identified approximately 24.7+/- 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 Construct approved subdivision road with the minimum: 26 foot roadway width
from the loop at the end of the existing Harmon Lane through the existing 60 foot
radius cul-de-sac south of Lots 11 & 12. ● Submittal of Water Distribution Plan to the State Engineer’s Office if water rights exist
on the property. ● 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 ● Meet the Wyoming Subdivision fencing law. ● Disturbed areas shall be reseeded to avoid weed infestation and erosion
● Road Signs: The Developer to purchase private road name sign and stop sign through
Lincoln County, Wyoming Planning and Engineering Office to assure standardization
throughout the County and said County Office will install after completion of
improvements and subdivision final approval.
OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with
Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies
responsible for providing services to the Development.
Section 3. Sales or building permits. No lot shall be sold prior to final plat approval by the
Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk.
Also no building permits shall be issued by the County until final plat approval and recording.
Section 4. Schedule for Commencement and Completion of the Improvements. The
OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION
within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County
Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the
Improvements within three (3) years after approval of the Preliminary Plat. If
OWNER/DEVELOPER does not commence construction of the Improvements within two (2)
years or complete Improvements within three (3) years of the date of SUBDIVISION
Preliminary Plat approval by the Lincoln County Board of County Commissioners, the
preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements
and meets all of the conditions of approval set out in the Final Determination approving the
Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat
shall be signed and recorded.
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.
Page 4 of 10
Section 10. Remedies. In the event the OWNER/DEVELOPER fails to perform any of the
terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency
under this Agreement, the County, at its option, may exercise any rights and remedies it may
have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke
the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation,
OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations.
Section 11. Default. If the OWNER/DEVELOPER fails to fully perform any of its obligations in
accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the
Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default
of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific
Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the
Remedies in the preceding paragraph at its own discretion.
Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots
shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole
expense.
Section 13. Maintenance of Roads. OWNER/DEVELOPER hereby agrees that they will create
a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement
District, or Mutual Benefit Corporations that at a minimum:
a) Provide an entity for ongoing road maintenance including the collection of road
maintenance fees;
b) Provide an entity for ongoing snow removal including the collection of snow removal fees;
c) Ensure road maintenance and snow removal are maintained indefinitely.
d) The chosen document must be filed at the time of final plat filing, and bind all current and
future owners to the agreement.
Section 14. Binding Upon Successors. This Development Agreement shall be binding upon and
inure to the benefit of the parties’ respective heirs, successors, assigns and personal
representatives.
Section 15. Notices. Any written notices required herein shall be deemed delivered to the
addressee when delivered in person on a business day at the address set forth below or on the
third day after being deposited in the United States mail, for delivery by properly addressed,
postage prepaid, certified or registered mail, return receipt requested, to the address set forth
below.
Page 5 of 10
Notices to the County shall be addressed to, or delivered at, the following address:
Lincoln County Board of County Commissioners
ATTN: Planning Director
Planning and Development Office
925 Sage Ave., Ste 201
Kemmerer, WY 83101
Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following
address:
Mike and Marsha Shiflet
2270 Highway 241
Afton, WY 83110
Section 16. Indemnification.
A. No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges
and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or
injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s
issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or
use of any portion of the Improvements, and (2) that the County’s issuance or denial of any
permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to
insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees
or any third party, against damage or injury of any kind.
B. Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and
does hereby, indemnify the County, and all of its elected and appointed officials, officers,
employees, agents and representatives from any and all claims, costs and liability of every kind
and nature that may be asserted at any time against any such parties for injury or damage
received or sustained by any person or entity in connection with (1) the County’s review of,
denial, or approval of any plans, including those for the Improvements, (2) the inspection or
issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction,
maintenance or use of any portion of the Improvements and (4) the performance by the
OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The
indemnification required herein shall include, but not be limited to, any costs of defense incurred
by the indemnified parties including attorney fees and expert witness fees.
Section 17. Amendments or Alterations. Any changes, omissions, modifications, revisions,
additions or amendments to this Development Agreement shall be incorporated by written
instrument, executed and signed by all parties.
Page 6 of 10
Section 18. Severability. The invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof and this Agreement shall be construed in all respects
as if such invalid or unenforceable provisions were omitted.
Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln
County Clerk.
Section 20. Authority to Execute. The County hereby warrants and represents to the
OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been
properly authorized to do so by the Board of County Commissioners. The
OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of
record of the Property or the owner’s authorized representative, (2) that it has the right, power,
and authority to enter into this Agreement and to agree to the terms, provisions, and conditions
set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to
authorize the execution, delivery, and performance of this Agreement have been taken, and (4)
that neither the execution of this Agreement nor the performance of the obligations assumed by
the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement
to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii)
violate any statute, law restriction, court order, or Agreement to which the
OWNER/DEVELOPER or the subdivision is subject.
Section 21. Regulations. The OWNER/DEVELOPER agrees to abide by all regulations, laws
and codes of Lincoln County, the State of Wyoming, and the Federal Government.
Section 22. Applicable Law/Venue. The construction, interpretation, and enforcement of this
Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of
Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the
Third Judicial District, Lincoln County, Wyoming.
Section 23. Insurance. OWNER/DEVELOPER shall procure, and at all times maintain, general
liability insurance to protect from claims for damages because of negligence or bodily injury,
including but not limited to death and damages to property, all with coverage limits of no less
than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the
OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before
beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of
liability insurance to County evidencing said limit.
Section 24. Entirety of Agreement. This Agreement sets forth all promises, inducements,
agreements, condition and understandings between OWNER/DEVELOPER and County relative
to the subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between OWNER/DEVELOPER and County, other
than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if
set forth in full including all text information in the Exhibits. In the event of any conflict of
terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Page 7 of 10
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns.
Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be
deemed to constitute a waiver of any other provision nor will it be deemed to constitute a
continuity waiver unless expressly provided for; nor will the waiver of any default under this
Agreement be deemed a waiver of any subsequent default or defaults of the same type. The
County’s failure to exercise any obligation under this Agreement will not constitute the approval
of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement.
OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all
approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of
approval, upon any of the violations of Lincoln County Land Use Regulations, or for
misrepresentations or material omissions made to the Lincoln County Planning and Engineering
Office or Board of County Commissioners.
Section 26. Sovereign Immunity. The County does not waive sovereign immunity by entering
into this Agreement and specifically retains immunity and all defenses available to it pursuant to
law, including government immunity.
Section 27. Effective Date. This Agreement shall become valid and binding only upon its
approval by the Lincoln County Board of County Commissioners and shall be effective on the
date first written above.
IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized
representatives have executed this Agreement on the days and dates set out below and certify
that they have read, understood, and agreed to the terms and conditions of this Agreement.
LINCOLN COUNTY
________________________________ Date: ______________________
Kent Connelly, Chairman
Board of Lincoln County Commissioners
Attest:
________________________________
April Brunski
Lincoln County Clerk
Page 8 of 10
OWNER/DEVELOPER
________________________________ Date: ______________________
Mike Shiflet,
________________________________ Date: ______________________
Marsha Shiflet,
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Mike Shiflet and Marsha
Shiflet, this ____ day of ______________ 2024.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires: ________________
Page 9 of 10
EXHIBIT A
DESCRIPTION OF PROPERTY
Harmon Subdivision Fifth Filing
24.7+/- acres within Section 14, Township 31 North, Range 119 West, in, Lincoln County,
Wyoming.
Page 10 of 10
EXHIBIT B
APPROVED PRELIMINARY PLAT
See Attached
August 4,2023
To Whom It May Concern,
An inspection of the proposed,Mike and Marsha Shiflett –Major Subdivision –within
the W1⁄2NE1⁄4 SE1⁄2NW1⁄4 of Section 14,T31N R119W,Fairview,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,Black Henbane,Leafy
Spurge,Hounds Tongue and Dyers Woad 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
August 14, 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 Harmon 5th Filing, a major subdivision, for Mike and Marsha Shiflett located in Osmond,
Wyoming.
A Chapter 23 Water & Wastewater Study has been completed on this project. Any recommendations in the study supersede all recommendations made by the Star Valley Conservation District.
Recommended Plat Warnings: no plat warning recommendations The Star Valley area is known to experience large fluctuations in groundwater levels depending
on the time of year. Due to these fluctuations, SVCD always recommends that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times, please note that the static water levels can fluctuate according to the amount of high 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
Subdivision Review Mike and Marsha Shiflett Major Subdivision
Osmond, Wyoming August 14, 2023 Location
The Mike and Marsha Shiflett, major subdivision is located in the W1/2NE1/4 of Section 14 T31N
R119W. The proposed subdivision is 24.77 +/- acres and will be divided into 4 lots. Water Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data
Base to obtain groundwater information for this property. Well logs from wells in the vicinity
indicated the static water level is between 45 and 275 feet below ground surface. According to Surveyor Scherbel’s Office, the owner’s agent, the 4 lots will each have individual wells and septic systems.
The Star Valley area is known to experience large fluctuations in groundwater levels depending on the time of year. Due to this fluctuation, SVCD always recommends that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times, please note that the static water levels can fluctuate according to the amount of high runoff from
year to year. Salt River
The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming
Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does not support the designated use for contact recreation use due to elevated levels of fecal coliform bacteria.
In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed-
planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been
completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July 2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ.
SVCD continues to monitor the watershed. We have collaborated with landowners to implement fencing and off stream watering for livestock. We also provide a cost share to homeowners to
pump septic systems after attending our septic workshops.
The Salt River Watershed Plan identifies rural subdivisions as adversely affecting water quality in the Salt River Watershed. Storm water run-off from this subdivision should be managed using best management practices to ensure that pollutants such as storm water runoff, animal wastes,
sediment, and fertilizers do not reach the irrigation ditches or other surface waters in the area.
National Pollutant Discharge Elimination System (NPDES)
The Wyoming Department of Environmental Quality (WYDEQ) requires all construction sites
that disturb 1 acre or more to have a construction NPDES permit. The areas do not have to be contiguous. The permit requires construction site operators to implement appropriate erosion and sediment control best management practices, control waste such as discarded building materials, concrete truck wash-out, chemicals, litter, and sanitary wastes.
Operators of construction activities must develop a Storm Water Pollution Prevention Plan (SWPPP) that describes the measures to be implemented at the construction site that will eliminate or minimize pollutants from the project from reaching surface waters.
The terms and conditions of the permit must be implemented until the land disturbed by
construction activities has been ‘finally stabilized.’ Finally stabilized is defined as “all soil disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all disturbed unpaved areas and areas not covered by permanent structures”.
If construction will disturb 5 or more acres a stormwater permit from WYDEQ is required. For more information regarding the NPDES requirements please contact Anita Rehner, WYDEQ Program Coordinator at 307-777-5622 or arehner@state.wy.us or Katy Sprouse at 307-777-7570
or by email at katysprouse@wyo.gov
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 three soil types identified as Greyback and Hobacker soils, 0 to 30 percent slopes (GHE), Hobacker Gravelly loam (Hc) and Osmund and Mundos loams
0 to 3 percent slopes (OnA).
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 in areas of Greyback and Hobacker soils, 0 to 30 percent slopes (GHE) are rated as Very Limited due to slope. Areas consisting of Hobacker Gravelly loam (Hc) and Osmund and Mundos loams 0 to 3 percent slopes (OnA) are rated as Not Limited.
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 of
Greyback and Hobacker soils, 0 to 30 percent (GHE) and Hobacker Gravelly loam (Hc) is Very Limited due to seepage. In areas containing the Osmund and Mundos Loams 0 to 3 percent slopes
(OnA) the rating is listed as Somewhat Limited due to slow water movement.
Roads and streets: The degree of limitations for roads and streets for areas of Greyback and Hobacker soils, 0 to 30 percent slope (GHE) are rated as Very Limited due to slope and frost action. Areas consisting of the Hobacker Gravelly loam (Hc) is listed as Somewhat Limited due to
frost action. Areas consisting of Osmund and Mundos loams 0 to 3 percent slopes (OnA) are rated
as Very Limited due to frost action. Unpaved Roads and Streets: The degree of limitations for natural surface roads and construction sites in areas consisting of Greyback and Hobacker soils, 0 to 30 percent slopes
(GHE) are rated as Very Limited due to slope, frost action, and dusty. Areas consisting of areas
of Hobacker Gravelly loam (Hc) and Osmund and Mundos loams 0 to 3 percent slopes (OnA) is rated as Very Limited due to frost action and dusty. Shallow excavations: The degree of limitations for shallow excavations for shallow excavations
for in areas consisting of the Greyback and Hobacker soils 0 to 30 percent slopes (GHE) are rated as Very Limited due to slope, unstable excavation walls, and dusty. Areas consisting of both Hobacker Gravelly loam (Hc) and Osmund and Mundos loams 0 to 3 percent slopes (OnA) are rated as Very Limited due to unstable excavation walls, and dusty.
To avoid potential erosion or sedimentation problems all disturbed areas during subdivision construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction
so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment
control best management practices should be installed and maintained for the duration of the project. Landscaping: When landscaping, the SVCD recommends selecting plants that have low
requirements for water, fertilizers, and pesticides. Cultivate plants that discourage pests and
minimize high maintenance grassed areas. It is the policy of the Star Valley Conservation District to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. We encourage greater water
efficiency in landscape design, installation, and maintenance. The waters of the state are of limited
supply and are subject to ever increasing demands. Soils information provided by the Natural Resources Conservation Service (NRCS) Star Valley Soil Survey is attached. The information provided is not site specific and does not eliminate the
need for onsite investigation of the soils or for testing and analysis of these soils by personnel
experienced in the design and construction of engineering work. Local ordinances and regulations should be followed in planning, site selection, and design.
Noxious Weeds
Lincoln County Weed and Pest performs a full review 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 more information, please contact Adam Clark, by phone,
(307) 886-9001 or by email at adam.p.clark@usda.gov.
Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommendsfollowing 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
March 20,2024
Lincoln County Board of Commissioners
925 Sage Ave.,Suite 302
Kemmerer,WY 83101
planning@lincolncountywy.gov
RE:Harmon Subdivision 5th Filing WDEQ 2024-0043
Dear Commissioners:
The State Engineer’s Office/Ground Water Division received application material related to the Harmon
Subdivision 5th Filing 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 SW¼NE¼of Section 14,T31N,R119W,Lincoln
County,Wyoming.The subdivision consists of 4 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 P133.0E.These acres need to be addressed per Statute (see item 7 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 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.
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.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.
Surface Water Ground Water Board of Control
(307)777-6475 (307)777-6163 (307)777-6178
5.Any well not to be used must be properly plugged and abandoned as outlined in the above
referenced rules and regulations.
6.Any wells developed for uses that do NOT fall within the definition of domestic or stock use
require adjudication by the Board of Control.
7.The water right search revealed other existing water rights attached to the subdivision lands.
Those water rights must be addressed as outlined in Wyoming Statute 18-5-306(a)(xi).To date,
the State Engineer’s Office has not received any paperwork addressing the intended disposition of
the water rights.
Wyoming Statute 18-5-306(a)(xi):
(xi)With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter
and prior to final approval of the subdivision permit,the subdivider shall provide the following:
(A)The intended disposition of the water rights,by:
(I)Written documentation from the state engineer or the state board of control that the subdivider
submitted to the state engineer or the state board of control all documents necessary to
voluntarily abandon the water rights,cancel any unadjudicated permits or eliminate applicable
lands from any unadjudicated permits.The subdivider shall notify any purchasers of this
action;
(II)Written documentation from the state board of control that the subdivider has submitted to the
state board of control all documents necessary to change the use or place of use to provide for
beneficial use of the water rights outside the subdivision;
(III)A plan,accompanied by written documentation from the state engineer approving the plan,for
the distribution of the water rights appurtenant to the land to be subdivided.The plan shall
specify the distribution of the water to the lots within the subdivision and shall include written
documentation from the state board of control that the subdivider submitted to the state board
of control all documents necessary to change the use,place of use or point of diversion or
means of conveyance in accordance with W.S.41-3-103,41-3-104 or 41-3-114;or
(IV)Written documentation from the state board of control that it has accepted an authorization to
detach water rights appurtenant to the lands to be subdivided in accordance with rules and
regulations promulgated by the state board of control.
(B)If the subdivision is located within lands served by or crossed by a ditch,irrigation works or other
water conveyance system,evidence that the subdivider submitted the plan to the public entity,
company,association or appropriators responsible for the ditch,irrigation works or other water
conveyance system for review and recommendation at least sixty (60)days prior to the submittal of
the application for the subdivision permit to the board.Upon receipt of the plan,the public entity,
company,association or appropriators shall notify the subdivider if and how the subdivision will
create a significant additional burden or risk of liability;
(C)Evidence that the subdivider will specifically state on all offers and solicitations relative to the
subdivision the subdivider's intent to comply with this paragraph and that the subdivider does not
warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream
within or adjacent to the proposed subdivision.The subdivider shall further state that Wyoming law
does not recognize any riparian rights to the continued natural flow of a stream or river for persons
living on the banks of the stream or river;
(D)If the subdivision is located within the boundaries of an irrigation district that is subject to the
provisions of title 41,chapter 7 of the Wyoming statutes,the application shall include
recommendations from the irrigation district regarding any changes to the attached water rights and
the irrigation district's easements.If there is a conflict with the irrigation district's recommendations,
the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with
the irrigation district;and
(E)If the subdivision will create a significant additional burden or risk of liability to the public entity,
company,association or appropriators responsible for the ditch,irrigation works or other water
conveyance system,the subdivider shall provide an adequate and responsible plan to reduce or
eliminate the additional burden or risk of liability and evidence that the subdivider submitted the
plan to the public entity,company,association or appropriators for review and recommendation
regarding the adequacy of the plan.
In all correspondence regarding this application,please reference “State Engineer Subdivision Review
Number 2024-14-12”.
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 8