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Home My WebLink About117 MA 23 Bedford Meadows Estates PZC Staff Report 117 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 # 117 MA 23 APPLICANT: Lenore H. Clark Living Trust PROJECT NAME: Bedford Meadows Estates – Preliminary Plat COMMUNITY PLAN AREA: Thayne ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Emmett Mavy, Elizabeth Williams PARCEL ID: 3418-332-00-010 ____________________________________________________________________________________ PROPOSAL: A Major Subdivision Preliminary Plat application proposal to subdivide 40.1 +/- acres into eight residential lots with an average lot size of 5.0 +/- acres in the Rural Zone. The Subdivision will be accessed from a private subdivision road, Moonlight Lane, which connects to Bedford-Turnerville County Road 123. The lots will be served by a public water system, Bedford Water and Sewer District. Each lot will require an enhanced septic system permitted by a Wyoming licensed engineer through the Wyoming Department of Environmental Quality (DEQ) as determined by the Chapter 23 Study. LOCATION: Located 2.7 miles east of the Town of Thayne, Wyoming in T34N R118W Section 33. ____________________________________________________________________________________ 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 # 117 MA 23 Bedford Meadows Estates, a Major Subdivision Preliminary Plat, with: ● Findings of Approval A. thru C. ● Conditions of Approval 1. thru 4. ● A recommendation for the Board of County Commissioners to sign the Development Agreement. 117 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. 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 (WDEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 2. 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. 3. The developer shall construct an approved subdivision road with a minimum 26 foot roadway width and a 70 foot radius cul-de-sac. 4. As required by WDEQ, each lot shall have an engineered enhanced septic system permitted by a Wyoming licensed engineer through the Wyoming Department of Environmental Quality (WDEQ) as determined by the Chapter 23 Study. The bottom of the leach field bed sand shall be at least six feet above seasonally high groundwater. Additionally, the following WDEQ Plat Warning shall be added 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 Bedford Meadows Estates Subdivision are required to be enhanced treatment systems per Chapter 23, Section 7(d)(viii)(C)(I and II). These enhanced treatment systems must have advanced nitrogen removal technology that is capable of achieving an effluent Total Kjeldahl Nitrogen concentration of less than 25 mg/L (maximum 30-day average) and advanced fecal removal technology that is capable of achieving an effluent Fecal Coliform count of less than 800 colonies/100 mL (maximum 30-day geometric mean). For all 8 lots within the Bedford Meadows Estates Subdivision it is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality for the construction and/or modification of an enhanced treatment septic system. A Wyoming Licensed Professional Engineer must 117 MA 23 PZC design the enhanced treatment septic system per WQR Chapter 23, Section 7(d)(viii)(E). A Permit to Construct Application for enhanced treatment septic systems must be submitted to the Water Quality Division Northwest District Engineer in Lander. For the proposed advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest: At the time of inspection, no noxious weeds were present. Star Valley Conservation District: Due to lack of data in the Wyoming State Engineer’s database, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. 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. State Engineer's Office: Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permits T3522.0, T1725.0, P139.0E, P18687.0D, P18688.0D, P18689.0D, P18690.0D, P18691.0D, P18692.0D, P18693.0D, P18694.0D. These acres need to be addressed per Statute. 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 Bedford Meadows Estates Subdivision are required to be enhanced treatment systems per Chapter 23, Section 7(d)(viii)(C)(I and II). These enhanced treatment systems must have advanced nitrogen removal technology that is capable of achieving an effluent Total Kjeldahl Nitrogen concentration of less than 25 mg/L (maximum 30-day average) and advanced fecal removal technology that is capable of achieving an effluent Fecal Coliform count of less than 800 colonies/100 mL (maximum 30-day geometric mean). For all 8 lots within the Bedford Meadows Estates Subdivision, it is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality for the construction and/or modification of an enhanced treatment septic system. A Wyoming Licensed Professional Engineer must design the enhanced treatment septic system per WQR Chapter 23, Section 7(d)(viii)(E). A Permit to Construct Application for enhanced treatment septic systems must be submitted to the Water Quality Division Northwest District Engineer in Lander. For the proposed advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. Thayne 33 2120 30 29 19 31 32 28 3635 23 26 24 2534N 119W 34N 118W ³±1 8 9³±196s³±196s³±122³±123³±126 Bobcat Drive C Street Cougar Lane PRESTON RANCHESINCPRESTONRANCHES INC CATES, LAURIE F MOSER, JAMES E & AMY L TRUSTEES TURNER, LAYNE L &ROSE A TRUSTEES PRESTON, ROGER L & BONNIE J HOLT, RALPH MDARLEEN G STEPHENS, TALON R EDWARDS, ZACKERY B &LEONA J REES, RILEY & ALEXANDRA FISHER ETAL THOMPSON, DAVID KOEV,ROBERT & BEATRIX IZATTFAMILY TRUST LUDWIG, BRUCE J.&PATRICIA J. FAUBER, CAROLYNETAL WYUDAHO I, LLC READ,MARY L TRUSTEE PRESTONRANCHES INCMAVY, TYREL M & CELENA M PIONEER BUILDERS COMPANY, INC FLUCKIGER, EL & KB TRUSTEES TURNER, KELLY E & CHRISTINE TRUSTEESGORDON, CHRISTINE E TURNER, BERTHA ETAL IZATT, JEDVELDON & KATHRYN CRANNEY, STEVEH & MARY K TRUSTEES CLARK, NORD R PIONEER BUILDERS COMPANY, INC ARP AND HAMMOND HARDWARE COMPANY CRANNEY, STEVE H & MARY K TRUSTEES PIONEERBUILDERS COMPANY, INC KALLGREN, ZACHARIAH A CLEMENT, VONDELL E. OWENS, STEPHEN PRESTON RANCHES INC HEINER, JOSEPH A &SHARLEEN ARP AND HAMMONDHARDWARE COMPANY MORRISON, HUBERT M& JODIE M MITCHELL, WHITNEY PARK, SCOTT & JACKIE LIVING TRUSTS FULLMER, DW & BEJCY-FULLMERC TRUSTEES HULL, JAN M & BRENDA AEPPLER, GENE & PEGGY P TRUSTEES KALLGREN, ZACHARIAH A KALLGREN, ZACHARIAH ANORRIS, MICHAEL BTRUSTEE BENESH, ROBERTL & RENE L MUSILEK, NEIL & DIANEFISHER, TRUSTEES ERICKSON,ALAN B & SHERI SVOGT, MICHAEL A & KAREN L TRUSTEES HAYNES FAMILYTRUST CLARK, ROBERTBRANDT & GLORIA B CLARK, ROBERTBRANDT & GLORIA B MORRISON, HUBERTM & JODIE M FULLMERHOLDINGS, LLC READ, MARYL TRUSTEE BEDFORD, LDSWARD CORP.BEDFORD, LDS WARD CORP. FLUCKIGER, EL &KB TRUSTEES FLUCKIGER, EL &KB TRUSTEES FLUCKIGER,EL & KB TRUSTEES HACKWELL, BURKE H SUCC TRUSTEE FULLMERREVOCABLE TRUST MOWER, JERALD MOWER, JERALD B & TEDI JEAN HEINER, SG & TC TRUSTEES BAIRD, CLINTON R NORMAN, JAMESS & CAROLYN E DAY, AUSTIN J & LANECE W TRUSTEES SCHAFFER, BRIAN C WARNER, JOANN SKINNER,DARREL & SHERRY WOLFLEY, RANDYL & KIM L CLARK, NEILL & L ALISON CLARK FAMILY TRUST SCHREIBER,CHARLES & LARAE ROBINSON,SHANE & ASHLEY FULLER, BRYCE E& ALISHA M STOKER, JEFF HEMMERT,NICKLOUS W & RUBY M BEDFORD WATERAND SEWER DISTRICT CLARK, BRUCE H &ELAINE SULLIVAN, TRUSTEES CLARK, BRUCE H &ELAINE SULLIVAN, TRUSTEES HEINER,JOSEPH & SHARLEEN WOLFLEY, MARK & TAMIRA HEINER,JOSEPH & SHARLEEN LINDEGARD,CASEY ERICKSON, ALAN B &SHERI S HEINER,HAL & JANN SULLIVAN,ELAINE C CLARK,NORD TYLER, DANIEL B & MELANIE CLARK, JAKE J & JACKIE L BURGESS ERICKSON,ALAN B & SHERI SHEINER, HAL & JANN MOWER, JERALD B & TEDI JEAN FULLMER, BARRYG & CHRISTINE E TRUSTEES JENKINS, JESSICA ADAMS, JARED & STACY M CRANNEY, STEVE H & MARY KTRUSTEES CRANNEY, STEVE H & MARY KTRUSTEES MERRITT, TIKIJOTRUSTEEMAVY, TYREL M & CELENA M MAVY, TYRELM & CELENA M SPIELMAN, JONATHAN& ASHLEY MOWER, JERALD B & TEDI JEAN MOWER, HOLLY J HEINER,KADEN T Maxar Major Subdivision Application Projects Roads Road_Type US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No 117 MA 23 Bedford Meadows Estates Lenore H. Clark Living Trust 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. 117 MA 23 Page 1 of 10 DEVELOPMENT AGREEMENT FOR BEDFORD MEADOWS ESTATES SUBDIVISION FILE NO. 117 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 301, Kemmerer, Wyoming, 83101 and Lenore H. Clark Living Trust hereinafter referred to as OWNER/DEVELOPER”, whose address is Lenore H. Clark Living Trust, 141 Lyle Road, Bedford, WY 83112. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 117 MA 23 Bedford Meadows Estates Subdivision to subdivide approximately 40.1+/- 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 Bedford Meadows Estates Subdivision; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree: Section 1. Definitions 1.1 SUBDIVISION: The subject of this Agreement, which is designated and identified as File No. 117 MA 23 Bedford Meadows Estates Subdivision on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future mention to the term SUBDIVISION. 1.2 IMPROVEMENT: Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development. 1.3 OWNER/DEVELOPER: means and refers to Lenore H. Clark Living Trust whose address is 141 Lyle Road, Bedford, WY 83112, 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 40.1+/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 117 MA 23 Page 2 of 10 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: 1. Construct an approved subdivision road with a minimum 26’ roadway width and 70’ radius cul-de-sac. The subdivision road 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 and stop signs through Lincoln County, Wyoming Planning and Development Office. 7. Install road and stop signs 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 SUBDIVISION Agreement, a Final Plat shall be signed and recorded. 117 MA 23 Page 3 of 10 Section 5. Control of trash, weeds, dust, erosion, and sedimentation. The OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land and shall therefore apply before, during, and until completion of Improvements. Section 6. Permits. The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of-way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Section 7. Inspections. The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements. The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of “as built” plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as built” plans and specifications. Upon inspection, the County shall give written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written demand from the County, the OWNER/DEVELOPER shall commence the correction of the deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Section 10. Remedies. In the event the OWNER/DEVELOPER fails to perform any of the terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency under this Agreement, the County, at its option, may exercise any rights and remedies it may have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation, 117 MA 23 Page 4 of 10 OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. Section 11. Default. If the OWNER/DEVELOPER fails to fully perform any of its obligations in accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion. Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense. Section 13. Maintenance of Roads. OWNER/DEVELOPER hereby agrees that they will create a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minimum: a) Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b) Provide an entity for ongoing snow removal including the collection of snow removal fees; c) Ensure road maintenance and snow removal are maintained indefinitely. d) The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. Section 14. Binding Upon Successors. This Development Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives. Section 15. Notices. Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the address set forth below. Notices to the County shall be addressed to, or delivered at, the following address: Lincoln County Board of County Commissioners ATTN: Planning Director Planning and Development Office 925 Sage Ave., Ste 201 Kemmerer, WY 83101 117 MA 23 Page 5 of 10 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: Lenore H. Clark Living Trust 141 Lyle Road Bedford, WY 83112. Section 16. Indemnification. A. No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County’s issuance or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees or any third party, against damage or injury of any kind. B. Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1) the County’s review of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The indemnification required herein shall include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Section 17. Amendments or Alterations. Any changes, omissions, modifications, revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument, executed and signed by all parties. Section 18. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Section 20. Authority to Execute. The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners. The OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of record of the Property or the owner’s authorized representative, (2) that it has the right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to authorize the execution, delivery, and performance of this Agreement have been taken, and (4) 117 MA 23 Page 6 of 10 that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute, law restriction, court order, or Agreement to which the OWNER/DEVELOPER or the subdivision is subject. Section 21. Regulations. The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government. Section 22. Applicable Law/Venue. The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judicial District, Lincoln County, Wyoming. Section 23. Insurance. OWNER/DEVELOPER shall procure, and at all times maintain, general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24. Entirety of Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OWNER/DEVELOPER and County, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The County’s failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval, upon any of the violations of Lincoln County Land Use Regulations, or for misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. Section 26. Sovereign Immunity. The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to law, including government immunity. 117 MA 23 Page 7 of 10 Section 27. Effective Date. This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY ________________________________ Date: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 117 MA 23 Page 8 of 10 OWNER/DEVELOPER ________________________________ Date: ______________________ Lenore H. Clark Living Trust STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by, Lenore H. Clark Living Trust, this ____ day of ______________ 2024. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 117 MA 23 Page 9 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Bedford Meadows Estates Subdivision 40.1 +/- acres within Section 33, Township 34 North, Range 118 West, in, Lincoln County, Wyoming. 117 MA 23 Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached July 31,2023 To Whom It May Concern, An inspection of the proposed,Lenore H.Clark Living Trust ℅Nord Clark –Major Subdivision –within the E1/2SW1/4 of Section 6,T34N R118W,Thayne,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,no noxious 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 July 24, 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 Bedford Meadow Estates, major subdivision for the Lenore H. Clark Living Trust, C/O Nord Clark, in Bedford, Wyoming. Due to lack of data in the Wyoming State Engineer’s database, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Please note that the property has an irrigation water right from Strawberry Creek through the the Strawberry Upper Canal. The irrigation company must have maintenance access to the pipeline. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the pipeline is prohibited and is subject to removal by the canal company. For information regarding this please contact our office at 307-885-7823. 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 Bedford Meadows Major Subdivision Bedford, Wyoming July 24, 2023 Location The Bedford Meadows, major subdivision is located in the S1/2NW1/4 of Section 33 T34N R118W near Bedford, Wyoming. The proposed subdivision is +/- 40 acres and will be divided into 8 lots. Water Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data Base to obtain groundwater information for this property. Only one entry into the Water Rights Data Base exists for this vicinity and this well log indicated the static water level is 140 ft below ground level. According to Surveyor Scherbel’s Office, owner’s agent, the 8 lots will each have individual wells and septic systems. Due to lack of data in the Wyoming State Engineer’s database, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Please note that the property has an irrigation water right from Strawberry Creek through the the Strawberry Upper Canal. The irrigation company must have maintenance access to the pipeline. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the pipeline is prohibited and is subject to removal by the canal company. For information regarding this please contact our office at 307-885-7823. 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 2 soil types, identified as Hobacker cobbly loam (Hc) and Hobacker gravelly loam (Hd). 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 Hobacker gravelly loam (Hc) and Hobacker cobbly loam (Hd) 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 containing Hobacker gravelly loam (Hc) is rated as Very Limited due to seepage. Areas of Hobacker cobbly loam (Hd) is rated as Very Limited due to filtering capacity and seepage. Roads and streets: The degree of limitations for roads and streets for areas containing Hobacker gravelly loam (Hc) and Hobacker cobbly loam (Hd) are rated as Somewhat Limited due to frost action. Shallow excavations: The degree of limitations for shallow excavations for areas containing the Hobacker gravelly loam (Hc) and Hobacker cobbly loam (Hd) are rated as Very Limited due to cutbanks cave. Erosion Hazard: The potential of erosion hazard for unsurfaced roads and trails in areas containing Hobacker gravelly loam (Hc) and Hobacker cobbly loam (Hd) are rated as Slight. The potential erosion hazard of construction sites for areas containing Hobacker gravelly loam (Hc) and Hobacker cobbly loam (Hd) are rates as Slight. To avoid potential erosion or sedimentation problems all disturbed areas during subdivision construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction, so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment control best management practices should be installed and maintained for the duration of the project. Noxious Weeds Lincoln County Weed and Pest report is included separately. 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 mor information, please contact Adam Clark, 307-886-9001 ext.109, adam.p.clark@usda.gov. Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommends following the guidelines in the University of Wyoming Barnyards and Backyards Living with Wildfire in Wyoming publication. http://www.uwyo.edu/barnbackyard/_files/documents/resources/wildfire2013/wildfire_web.pdf Wildlife Friendly Fencing Fences cause the direct mortality of wildlife through entanglement and prohibition of movement to seasonal ranges. Fences constructed or currently in existence on the property should be designed to allow free and unrestricted movement of wildlife. Wyoming Game and Fish Department recommends fences be built to minimally restrict livestock and horses, while allowing free movement of wildlife (e.g. a smooth bottom wire 16-18 inches above ground, a 39- inch maximum height and at least 12 inches between the top two wires). Wildlife can benefit from any area of open space. For more information please see Fencing Guidelines for Wildlife Wyoming Game & Fish Habitat Extension Bulletin No. 53 at the Wyoming Game and Fish website http://gf.state.wy.us/downloads/pdf/habitat/Bulletin%20No.%2053.pdf. Homeowners should protect ornamental shrubs used for landscaping and future homeowners should know that, by state statute, the Wyoming Game and Fish Department is not liable for damage caused to ornamental plants by wildlife. The potential exists for wildlife conflicts, especially between wildlife and free-ranging domestic pets. The landowner should take precautions to minimize harassment of wildlife by dogs and cats. It is illegal to allow pets to chase or kill wildlife. Likewise, rural landowners should recognize that black bears, mountain lions, and other carnivores may come near their dwellings and may pose a threat to pets allowed to range freely. Sensitive Species and Historical Resources Sensitive, threatened, or endangered species were not evaluated as part of this review. STAR VALLEY CONSERVATION DISTRICT Kay Lynn Nield District Manager State Engineer’s Office HERSCHLER BUILDING,2 WEST CHEYENNE,WYOMING 82002 (307)777-6150 MARK GORDON GOVERNOR BRANDON GEBHART,P.E. STATE ENGINEER April 3,2024 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 Bedford Meadows Estates Subdivision from the Wyoming Department of Environmental Quality,requesting information and advice to the Water Quality Division. The proposed subdivision is to be located in the SW¼NW¼and the SE¼NW¼of Section 33,T34N, R118W,Lincoln County,Wyoming.The subdivision consists of 8 lots.The proposed water system is connection to the Bedford Water and Sewer District.Based upon the review of both the subdivision application and a preliminary search of the agency’s water rights database,the State Engineer’s Office offers the following: Our office reviewed the referenced submittal in compliance with W.S.18-5-306.We find that in respect to W.S.18-5-306(a)(xi),the subdivider needs to address the following items: 1.Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permits T3522.0,T1725.0,P139.0E,P18687.0D,P18688.0D,P18689.0D,P18690.0D, P18691.0D,P18692.0D,P18693.0D,P18694.0D.These acres need to be addressed per Statute (see item 7 for a summary of our findings and the processes to address these acres). 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. Surface Water Ground Water Board of Control (307)777-6475 (307)777-6163 (307)777-6178 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. 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 2024-16-12”. If you have any questions,please feel free to contact me at (307)777-2974,or if you prefer email,at wesley.frain1@wyo.gov.Thank you for the opportunity to comment on the subdivision application. Sincerely, Wesley Frain Natural Resources Analyst TRANSMITTED VIA EMAIL Cc:Lisa Lindemann,Administrator,Ground Water Division Jed Rockweiler,Administrator,Surface Water Division Cheryl Timm,Administrator,Board of Control Division Kevin Payne,Superintendent,Water Division IV Mike Johnson,Hydrographer/Commissioner,Water Division IV,District 12 Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Concerning Bedford Meadows Estates Subdivision Plan 1 message LaNece Day <laneceday@gmail.com>Mon, May 13, 2024 at 10:45 AM To: planning@lincolncountywy.gov To whom it may concern Thank you for the chance to voice our concerns with the addition of the Bedford Meadows Estates subdivision. Our property is located at the NorthWest corner the said subdivision. As neighbors, these are the concerns that we feel may have an impact on our quality of life as this subdivision is developed. 1. Culinary water… We understand that the Bedford water board approved to supply water for this development. Is this true and do we have enough water to supply all of the additional homes that are being added to the system? 2. 8 lots equals 8 septic systems, plus the septic systems that will be added with the subdivision that is being added just west of this one. At what point we consider the contamination of ground water in the area? 3. Irrigation water, is there adequate water, how do you address the placement and upkeep on supply lines? 4. Road access on to county road 123 and additional traffic. With the subdivision that is located just west of this one and all traffic coming on to county road 123…are the roads adequate? Will these roads be adequate for emergency vehicles? 5. Can these 5 acre lots be subdivided? Is it possible that there be more than 8 lots if owners choose to divide and sell their acreage? 6. How does this affect my taxes? Sincerely, Concerned Neighbors: LaNece Day Brian Schaefer JoAnn Warner 5/14/24, 11:30 AM LINCOLN COUNTY WYOMING Mail - Concerning Bedford Meadows Estates Subdivision Plan https://mail.google.com/mail/u/0/?ik=8e4afe6fc8&view=pt&search=all&permthid=thread-f:1798956613012720000&simpl=msg-f:1798956613012720000 1/1