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HomeMy WebLinkAbout116 MA 23 Elk Flatts Subdivision PZC Staff Report116 MA 23 PZC LINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Major Subdivision Preliminary Plat Application HEARING TIME AND DATE: 6:00 p.m., May 22, 2024 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 116 MA 23 APPLICANT: Michael E. & Cindy J. Schrader PROJECT NAME: Elk Flatts Subdivision – Preliminary Plat COMMUNITY PLAN AREA: Etna ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Emmett Mavy, Mikayla Hibbert PARCEL ID: 3619-243-00-297 ____________________________________________________________________________________ PROPOSAL: A Major Subdivision Preliminary Plat Application to subdivide 40 +/- acres into eight residential lots with an average lot size of 5.00 +/- acres in the Rural Zone. The lots will share a private subdivision road, Spike Lane off of East Etna Road. Each lot will have individual wells and individual engineered septic systems. LOCATION: Located 4.8 miles south of the Town of Alpine, Wyoming in T36N, R119W, Section 24. ___________________________________________________________________________________ ATTACHMENTS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Correspondence ___________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning staff recommends that the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 116 MA 23 Elk Flatts Subdivision, a Major Subdivision Preliminary Plat, with: ●Findings of Approval A. thru C. ●Conditions of Approval 1. thru 6. ●A recommendation for the Board of County Commissioners to sign the Development Agreement. 116 MA 23 PZC 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 the provisions W.S. 18-5-301 through W.S. 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. 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. 5.Due to the Grand Valley Fault Line running through Lots 6 and 7, the following Plat Warning shall be added to the Final Plat: ACTIVE EARTHQUAKE FAULT – GRAND VALLEY FAULT LINE The property has an identified active earthquake fault line as determined by the Wyoming Geological Survey. Development activities in these identified areas are encouraged to be done under consultation of a qualified engineer. 6.Due to the property being located within Wellhead Zone 2 the following Wyoming Department of Environmental Quality Plat Warning shall be added to the Final Plat: The Wyoming Department of Environmental Quality Public Records Request #24-62 states that the proposed Elk Flatts Subdivision falls in the Wellhead Zone 2 and 3 for PWS 5601418. Chapter 25, Section 7(g) Table 4 Footnote #2 states that - Small wastewater systems that discharge to the same aquifer that supplies a public water supply well and are located within Zone 1 or 2 (Attenuation) of the public water supply well, as determined by Wyoming Department of Environmental Quality Source Water Assessment Project (2004) or as established in Section 2 of the Wyoming Wellhead Protection Guidance Document (1997), shall provide additional treatment. These systems will be 116 MA 23 PZC required to obtain an individual permit to construct and will require that a PE sign, stamp, and date the application, as stated in Section 2 of this chapter. The additional treatment shall be in accordance with Chapter 3 Section 2(b)(ii). The treatment system shall be designed to reduce the nitrates to less than 10 mg/L of N03- as N and provide 4- log removal of pathogens before the discharge leaves the property boundary of each small wastewater system. For all 8 lots within the Elk Flatts 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 septic system. A Wyoming Licensed Professional Engineer must design the septic system per requirements of WQR Chapter 25, Section 7(g) Table 4 Footnote #2. A Permit to Construct Application for septic systems must be submitted to the Water Quality Division Northwest District Engineer in Lander. 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: At the time of the inspection, only 1 of the 22 Wyoming Noxious Species was found to be present on the property. There were several patches of Canada Thistle located. Spotted Knapweed which is one of Wyoming’s most invasive plant was located just east of the property and we recommend great care and close monitoring to make sure this horrific plant doesn’t invade this property. Star Valley Conservation District: The 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: Due to the Very Limited rating for all soil types in this proposed subdivision, SVCD recommends enhanced septic systems. Due to high groundwater levels in the Star Valley area, SVCD always recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. Please note that because groundwater is highest in the spring and early summer, that is when we recommend the soil cuts be taken. If soil cuts are done at other times know that 116 MA 23 PZC static water level can fluctuate according to the amount of high-water 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 Permits: Pl9538.0D. 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: The Wyoming Department of Environmental Quality Public Records Request #24-62 states that the proposed Elk Flatts Subdivision falls in the Wellhead Zone 2 and 3 for PWS 5601418. Chapter 25, Section 7(g) Table 4 Footnote #2 states that - Small wastewater systems that discharge to the same aquifer that supplies a public water supply well and are located within Zone 1 or 2 (Attenuation) of the public water supply well, as determined by Wyoming Department of Environmental Quality Source Water Assessment Project (2004) or as established in Section 2 of the Wyoming Wellhead Protection Guidance Document (1997), shall provide additional treatment. These systems will be required to obtain an individual permit to construct and will require that a PE sign, stamp, and date the application, as stated in Section 2 of this chapter. The additional treatment shall be in accordance with Chapter 3 Section 2(b)(ii). The treatment system shall be designed to reduce the nitrates to less than 10 mg/L of N03- as N and provide 4- log removal of pathogens before the discharge leaves the property boundary of each small wastewater system. For all 8 lots within the Elk Flatts 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 septic system. A Wyoming Licensed Professional Engineer must design the septic system per requirements of WQR Chapter 25, Section 7(g) Table 4 Footnote #2. A Permit to Construct Application for septic systems must be submitted to the Water Quality Division Northwest District Engineer in Lander. 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). £¤89 19 18 30 13 23 2422 27 2526 15 14 36N 119W 36N 118W³±421 ³±110³±10 6 Minin g e r R oad Bro w n i e Lane East Etna RoadStewart Creek Road Stewart Trail FORESTSERVICEBLM BROWN, MITCHELL W FAMTRUST ETAL BLM DAY, LISA & DARIN F SCHULTZ, DAVID J & KRISLYNNE M TRUSTEES JESSEN, JENNIFER TRUSTEE ZUMWALT, JOHN L.& CANDICE L. CLARK, COY E.& RONA K.AUSTIN DEVELOPMENT INCGOGAL, DAVID J & KATHERINE MTRUST CHAMPA, JAMES & JANET TRUSTEES GOGAL, DAVID J & KATHERINE M TRUST KAMINSKI, RON A & CAROL A OLSON, TONY L JG REALESTATE LLC THE EQUIPOISECORPORATION CORSI, CLAYTON D TRUSTEE, ETAL CROOK, VERN & LEONE TRUSTEES CALL,ROSSO & JEAN CLARK, LADEAN S TRUSTEE ETAL TAYLOR, DARLAK & ROSS J TRUSTEES TREE, STEVEN &DENISE CALL,ROSSO & JEAN BLM GREENE, RICKA & RHONDA F CLARK, LEONARD MAESTAS, DANNY &COLLEEN JESSEN, JENNIFER A SUCCESSOR TRUSTEE CHAMPA, JAMES &JANET TRUSTEES FILA, KRISTEN M CARTER, JOSHUA D & MAXE AELLIS ROAD JONES, WILLIAM S & CAROL ATRUSTEES VATALARO, CHRIS & NATALIE REILLY, PAULA JEANNEWCOMB, PHILLIP W & ELAINET TRUSTEESCOUNTY ROAD ORTET,CRAIG ANICHOLS, WALTER G & LORRAINE HAMMOND,BRANDON & CONNIE M JONESSTIX-N-STONES CONSTRUCTION,INC ETALPHILLIPS, JAMESD JR & KAREN L TRUSTEES PIKE, GRACE E TRUSTEE DAILING,ERIC C & KRISTINE B MUNGER,STEPHEN A & CYNTHIA A DIVAN, RANDYJ & MARY R LEMKE, CRAIG & ELIA DOBBEN, BRENDA J TRUSTEE MINER, JONATHAN &SUSANROMAGNOLI, MARY D & MAURIZIO GHIOTTO TJAI, ERIC & SHEENA AIELLOMURRELL, THOMAS L. & JULIE A.SPRUILL,LISA BASSETT,AMY G TRUSTEEDELONG, DON C JR& ANITA K TRUSTEES RAVER,JEFFREY A TRUSTEE SAKAI, LINDA S TRUSTEE RAVER, JEFFREY KWALLEK, ROBERT J & KELLY L GRISAMER, WADE E &JENNI LGATES, RONALD W & KATHRYN A TRUSTEESHOLMAN,WALLACE W & SANDY TOLAND CAMPBELL,COURTNEY B ETALHAVERSTOCK, RYAN R HANSEN, CHALLIS POTTER, TERRI STRUSTEECAMPBELL, COURTNEY B ETAL NORDIC RANCHES WATER,LLC GREENE, RICK A & RHONDA FSWEZEY, JOHN & DOROTHY MCGEE, ALISON P & RICHARD K SIEGFRIED,MCKINLEY & WILLIAM CLAPPERTON ZBORNIK, THOMAS E TRUSTEE COWAN, DESMOND & JEANNE BROCHARD STEWART CREEK SUBDIVISION, LLCGOWAN, CAROLYN E& ROSS M HOLLEYWELSH, MICHAEL J & KRISTINE B LIEBER, KURT M LIEBER, KURT M SCHRADER,MICHAEL E & CINDY J SCHRADER, MIKE & CINDY SCHRADER,MICHAEL E & CINDY J SCHRADER, MICHAEL E & CINDY J RENTSCHLER, JOHNM IV & JENNIFER M GOGOL, TRUSTEESWARREN, MARJORIE& AARON CORBIN, DAVID S COWAN, DESMOND & JEANNE BROCHARD COWAN, DESMOND & JEANNEBROCHARD PPLL, LLC HARRAWOOD, KENNETH E & ERIN M LUGAR, JONATHAN& SAVANNAH PETERSEN, LORIETAL SHAW LIVING TRUSTS BRIDGER BASIN LANDCOMPANY, LLC BRIDGER BASIN LANDCOMPANY 2, LLC HATTER, CHERYL A VENASTICUS, LLC MADSEN, SANDY B TRUSTEEWOLFLEY, CORY B HUBBARD, MARGARET B &ROBERT L GOODRICK ETAL SHAW LIVING TRUSTS GORDON, DONNA A & PHILIP R GREENE, RICKA & RHONDA FNOEL, ROBERT D& JANE E TRUSTEES TREE, STEVEN & DENISE CROOK, VERN & LEONETRUSTEES MOORE, JARED A & JACQULYN A STILSON CHAMPA, JAMES & JANET TRUSTEES CALL, ROSSO& JEAN BAKER, THOMAS PPLL,LLC PPLL, LLC POINSETT, ROBERT & SHERRY GREENE, RICKA & RHONDA F TAYLOR LIVING TRUST WYBASE LLC CUNNINGHAM, SHAWN G CROOK,SPENCER C TRUSTEE JESSEN,JENNIFER A SUCCESSOR TRUSTEE SCHULTZ, DAVIDJ & KRISLYNNE M TRUSTEES GHEEN, KOURTNEY & REBEKAH MOORE, SCOTT O &TERESA A TRUSTEES MORELY, ROBERTL & SANDRA L AUSTIN DEVELOPMENTINC AUSTINDEVELOPMENT INC BOWER, JAMESB TRUSTEE Maxar Major Subdivision Application Projects Roads Road_Type US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No 116 MA 23 Elk Flatts Subdivision Michael E. & Cindy J. Schrader 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. 116 MA 23 Page 1 of 12 DEVELOPMENT AGREEMENT FOR ELK FLATTS SUBDIVISION FILE NO. 116 MA 23 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 201, Kemmerer, Wyoming, 83101 and Michael E. and Cindy J. Schrader hereinafter referred to as “OWNER/DEVELOPER,” whose address is 16081 SE 80th Street, Morriston, Florida 32668. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 116 MA 23 Elk Flatts Subdivision to subdivide approximately 40 acres into 8 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 Elk Flatts 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. 116 MA 23 Elk Flatts 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 Michael E. and Cindy J. Schrader whose address is 16081 SE 80th Street, Morriston, Florida 32668, 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 40 acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 116 MA 23 Page 2 of 12 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: 1. Construct approved subdivision road with a minimum 26’ roadway width. The subdivisionroad shall meet all Lincoln County Road Standards. 2.Submit a Water Distribution Plan to the State Engineer’s Office if water rights exist on the property. 3.Install electrical power and communication lines to each identified lot. 4. Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. 5. Reseed disturbed areas to avoid weed infestation and erosion. 6.Purchase private road name signs, stop signs, and sign posts through Lincoln County,Wyoming Planning and Development Office. 7.Install road and stop sign after completion of improvements and final subdivision approval(see Lincoln County Land Use Regulations 6.18). 8. 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 Development Agreement, a Final Plat shall be signed and recorded. 116 MA 23 Page 3 of 12 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 the 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 116 MA 23 Page 4 of 12 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 Road Maintenance Agreement, HOA, CCR, Special Improvement District, or Mutual Benefit Corporation that at a minimum: a)Provide an entity for ongoing road maintenance including the collection of roadmaintenance 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 currentand 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 116 MA 23 Page 5 of 12 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: Michael E. and Cindy J. Schrader 16081 SE 80th Street Morriston, Florida 32668 Section 16. Indemnification. A.No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledgesand agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss orinjuries 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 anypermits, inspections, approvals or acceptances does not, and shall not, in any way be deemed toinsure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licenseesor any third party, against damage or injury of any kind. B.Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, anddoes 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 kindand 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 orissuance 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 theOWNER/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, 116 MA 23 Page 6 of 12 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 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 116 MA 23 Page 7 of 12 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. 116 MA 23 Page 8 of 12 LINCOLN COUNTY ________________________________ Date: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 116 MA 23 Page 9 of 12 OWNER/DEVELOPER ________________________________ Date: ______________________ Michael E. Schrader ________________________________ Date: ______________________ Cindy J. Schrader STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Michael E. Schrader and Cindy J. Schrader, this ____ day of ______________ 2024. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 116 MA 23 Page 10 of 12 EXHIBIT A DESCRIPTION OF PROPERTY Elk Flatts Subdivision 40 +/- acres within Section 24, Township 36 North, Range 119 West, in, Lincoln County, Wyoming. 116 MA 23 Page 11 of 12 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached October 18, 2023 Kay Lynn Nield, I have recently inspected the proposed Major subdivision for Michael E. Schrader and Cindy J. Schrader located within the SW1/4SW1/4 of Section 24, T36N R119W, Lincoln County, Wyoming. The purpose of this inspection was to see if there are any of the noxious weeds as to Wyoming Statute W.S. 11-5-102 (a) (xi). At the time of the inspection, only 1 of the 22 Wyoming Noxious Species was found to be present on the property. There were several patches of Canada Thistle located. Spotted Knapweed which is one of Wyoming’s most invasive plant was located just east of the property and we recommend great care and close monitoring to make sure this horrific plant doesn’t invade this property. Canada Thistle is a hardy perennial plant that can be controlled by using several different herbicides, the herbicide Milestone being the best and is what we recommend for range and pastures. Canada thistle is best controlled with an application mid-summer and another one in the fall. Pulling, disking and mowing are not effective at controlling Canada Thistle. I would suggest that all of the property, and especially any disturbed areas, be monitored closely for noxious weeds that may appear during and after the subdivision process. We would ask that appropriate measures be taken to keep these and or any other noxious weeds under control in the future. Lincoln County Weed and Pest furnishes herbicides for noxious weed control at a 40% - !00% cost share discount to the landowner. We also offer ATV sprayers and 25 gallon pickup sprayers for rent. Please know that all of my visits to the above property as well as any consultations are at no charge, so feel free to call me or stop by the office any time if you have any questions. Sincerely, Travis Osmond Supervisor Lincoln County Weed & Pest Control 307-885-9333 (WEED) October 16, 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 Elk Flatts major subdivision for Michael E. Schrader and Cindy J. Schrader. The 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: Due to the Very Limited rating for all soil types in this proposed subdivision, SVCD recommends enhanced septic systems. Due to high groundwater levels in the Star Valley area, SVCD always recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. Please note that because groundwater is highest in the spring and early summer, that is when we recommend the soil cuts be taken. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5-306.No other use is intended or implied. If there is any other information we can provide for you,please let us know. Yours truly, STAR VALLEY CONSERVATION DISTRICT Rollin Gardner Chairman Subdivision Review Elk Flatts Major Subdivision Etna, Wyoming October 16, 2023 Location The Elk Flatts major subdivision is in the SW1/4/SW1/4 of section 24 T36N R119W, east of Nordic Ranches near Etna, Wyoming. The proposed subdivision is +/- 40 acres and will be divided into 8 lots. Drainage is to the west. 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 40 and 250 feet below ground surface. According to Surveyor Scherbel’s Office, the owner’s agent, the 8 lots will each have individual wells and septic systems. Due to high groundwater levels in the Star Valley area, SVCD always recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. Please note that because groundwater is highest in the spring and early summer, that is when we recommend the soil cuts be taken. 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. 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 subdivisions 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 5 soil types, identified as Greyback gravelly loam (Gg), Greyback-Rooset association, steep (GRE), Huffine silt loam, 3 to 6 percent slopes (HuB), Lail- Cowdrey association (LC), Robana-Turnerville association, hilly (RTD). 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 basements: The degree of limitations for dwellings with basements in areas identified as Greyback gravelly loam (Gg) and Huffine silt loam, 3 to 6 percent slopes (HuB) are rated as Not Limited. Areas consisting of Greyback-Rooset association, steep (GRE), Lail-Cowdrey association (LC), and Robana-Turnerville association, hilly (RTD) are rated as Very Limited due to slope, and shrink-swell. Dwelling without Basements: The degree of limitations for dwellings without basements in areas identified as identified as Greyback gravelly loam (Gg) are rated as Not Limited. Areas consisting of Greyback-Rooset association, steep (GRE), Lail-Cowdrey association (LC), and Robana-Turnerville association, hilly (RTD) are rated as Very Limited due to slope and shrink-swell. Areas consisting ov Huffine silt loam, 3 to 6 percent slopes (HuB) are rated as Somewhat Limited due to shrink-swell. 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 all soils in this project are rated as Very Limited due to seepage, slope, and slow water movement. Roads and streets: The degree of limitations for roads and streets for areas containing identified as Greyback gravelly loam (Gg) are rated as Somewhat Limited due to frost action. Areas consisting of Greyback-Rooset association, steep (GRE), are rated as Very Limited due to slope, frost action, shrink-swell, low strength and soluble bedrock. Areas consisting of Huffine silt loam, 3 to 6 percent slopes (HuB), Lail-Cowdrey association (LC), and Robana-Turnerville association, hilly (RTD) are rated as Very Limited due to slope, frost action, shrink-swell, and low strength. Shallow excavations: The degree of limitations for shallow excavations for areas containing are Greyback gravelly loam (Gg) are rated as Somewhat Limited due to unstable excavation walls and dusyt, Areas consisting of Greyback-Rooset association, steep (GRE), are rated as Very Limited due to slope, unstable excavation walls and dusty. Areas consisting of Huffine silt loam, 3 to 6 percent slopes (HuB) are rated as Somewhat Limited due to dusty and unstable excavation walls. Areas consisting of Lail-Cowdrey association (LC), are rated as Very Limited due to slope, dusty, too clayey, and unstable excavation walls. Areas consisting of Robana-Turnerville association, hilly (RTD) are rated as Very Limited due to slope, dusty, and unstable excavation walls. Erosion Hazard: The potential of erosion hazard for unsurfaced roads and trails and construction sites in areas consisting of Greyback gravelly loam (Gg) are rated as Somewhat Limited due to frost action and dusty. Areas consisting of Greyback-Rooset association, steep (GRE), Lail-Cowdrey association (LC) and Robana-Turnerville association, hilly (RTD) are rated as Very Limited due to slope, frost action, dusty, shrink-swell, and low strength. Areas consisting of Huffine silt loam, 3 to 6 percent slopes (HuB) are rated as Very Limited due to frost action, low strength, dusty, and shrink-swell. 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 in this report. Please note and follow the recommendations therein. 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 Janessa Juleson,(307) 226-3038 or by email at Janessa.juleson@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