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Home My WebLink About104 MA 24 Trespass Ranch Aug 14 24 BCC Staff Report 104 MA 24 BCC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Major Subdivision Preliminary Plat Application HEARING TIME AND DATE: 10:00 a.m., August 14, 2024 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building Conference Room, 421 Jefferson St., Afton, Wyoming FILE # 104 MA 24 APPLICANT: Trespass Ranch, LLC PROJECT NAME: Trespass Ranch Subdivision – Preliminary Plat COMMUNITY PLAN AREA: Freedom on the west and Etna on the east ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Elizabeth Williams PARCEL ID: 3519-213-00-037, 3519-223-00-037, 3519-281-00-037, 3519-272-00-037 ____________________________________________________________________________________ PROPOSAL: A Major Subdivision Preliminary Plat Application to subdivide 129 +/- acres into 25 residential lots and two Open Spaces, with an average lot size of 5 +/- acres in the Rural Zone. An equestrian center and pond will be part of Open Space 2. The Subdivision will be accessed by a private subdivision road, Trespass Lane, which connects to State Line County Road No. 12-114. There will be a crash gated emergency exit road that will connect to Grant Clark Court County Road No. 12-184. Each lot will have an individual well. Each lot will require an engineered enhanced septic system permitted by a Wyoming licensed engineer through the Wyoming Department of Environmental Quality (WDEQ). LOCATION: Located one mile north of the community of Freedom, and 2.84 miles west of the Town of Star Valley Ranch, Wyoming in T35N R119W Section 21, 22, 27, and 28. ____________________________________________________________________________________ ATTACHMENTS: 1. Revised Preliminary Plat, Lot 6 detail, County Road 12-184 plat 2. Vicinity Map 3. Draft Development Agreement 4. Agency Correspondence, Permits, Aquatic Resources Inventory 5. Public Comment ____________________________________________________________________________________ PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that the Board of County Commissioners APPROVE File # 104 MA 24 Trespass Ranch Subdivision, a Major Subdivision Preliminary Plat, with: ● Findings of Approval A. thru C. ● Conditions of Approval 1. thru 9. ● A recommendation for the Board of County Commissioners to sign the Development Agreement. 104 MA 24 BCC FINDINGS OF APPROVAL: A. The proposed subdivision with conditions is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed subdivision with conditions is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed subdivision with conditions 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. Wetlands shall be delineated on the Final Plat. 5. Prior to Final Plat Application, the developer shall provide a U.S. Army Corps of Engineers verification letter that the after-the-fact permit has been approved. 6. 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 Trespass Ranch 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 25 lots within the Trespass Ranch 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 Registered 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 104 MA 24 BCC treatment septic systems must be submitted to the Water Quality Division Southwest District Engineer in Lander. For the proposed advanced EnviroSeptic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. After domestic well installation and prior to use, the WWDEQ WQD suggests that homeowners have their well sampled for the following constituents: The National Primary Drinking Water Regulations inorganic chemicals, microorganisms, radionuclides and the National Secondary Drinking Water Regulations contaminants . In addition, the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org). 7. Because high groundwater levels are present, the following Land Use Permit Plat Warning shall be added to the Final Plat: Due to high groundwater levels, a landowner shall obtain an approved Wyoming Department of Environmental Quality (WDEQ) septic system permit prior to applying for any Land Use Permit, including but not limited to Residential Use Permits. Land Use Permit applications shall require an engineered design by a Wyoming Licensed Engineer for building setbacks and soil constraints for foundation design and drainage. 8. A Plat Warning shall be added to the Final Plat: Potential Wetlands exceeding the 150 foot setback for the Salt River may exist. Additional permitting may be required through the Army Corps of Engineers for any activity in Wetlands. 9. A connecting road to create an internal loop shall be added on Trespass Lane. AGENCY CORRESPONDENCE: U.S. Army Corps of Engineers: The current landowner/applicant/developer, Trespass Ranch, LLC is responsible for obtaining authorization from the Corps prior to commencing with any activities that include a discharge of dredged or fill material in jurisdictional wetlands or other waters of the U.S. The landowner is currently in the process of obtaining an after-the-fact permit for regulated activities previously conducted within the public notice area without a permit. Any future regulated activities conducted by Trespass Ranch, LLC would be considered cumulative. We appreciate that the Preliminary Plat includes a 150-foot setback line from the west bank of the Salt River. However, future lot owners should be informed that permit responsibilities may be transferred with lot ownership. Aquatic Resources Inventory: Southern Study Area: …Near the center of the Study Area, the west of the Salt River, on the inside of a bend and adjacent to a backwater or historic side channel, pre-impact images show that a wider wetland fringe likely persisted with mostly emergent vegetation. The Luthi Ditch diverted from the Salt River near the center of the Study Area and running north also appears to support a narrow wetland fringe. East of the Salt River channel on the outside of the large 104 MA 24 BCC bend in the river, an oxbow channel is visible in both pre-impact aerial images and vegetation indicates that the area between the river and the oxbow supported emergent and scrub-shrub wetlands. East of the oxbow, imagery shows dense shrub cover with a few large trees in the southern end. Potential saturation is depicted along the eastern boundary of the Study Area indicating that ground water fluctuation might have supported wetlands farther from the Salt River channel. Imagery captured in September 2022, approximately one year after land clearing and unauthorized wetland impacts occurred, shows that most of the shrub cover in the Southern Study Area was removed. Soil disturbance or grading appears to have occurred in several areas, including the potential wetland along the western Salt Riverbank, inside a large bend, and adjacent to historical backwater. The backwater channel (to the west of the Salt River) appears to have been filled (Appendix A – Figure 4, #1). The eastern end of the oxbow channel east of the main river channel appears to have been graded or filled (Appendix A – Figure 4, #2). The 2022 imagery also depicts grading or soil disturbance running north to south, creating a constructed channel which splits into two then converges back to one at the Salt River main channel at the southern edge of the Study Area. Northern Study Area: Pre-impact aerial imagery depicts the western end of the Northern Study Area consisting of open agricultural meadow. A wide area of dense shrub cover is depicted in the northern end of the Study Area west of the Salt River. Areas of potential saturation are visible in the northern corner of the Study Area where the Luthi Ditch appears to converge with the Salt River channel. In the southern end of the Study Area, shrub cover consists of a narrower swath adjacent to a likely emergent wetland fringe along the riverbank outside of the Study Area. Imagery captured in September 2022 approximately one year after land clearing and unauthorized wetland impacts occurred, shows that most of the shrub cover in the Northern Study Area was removed. Soil disturbance or grading appear to have occurred near the center of the Study Area running south and disturbance is also depicted outside the Study Area and the Property to the east along an inside bend in the Salt River Channel. Lincoln County Weed & Pest: Due to the snow during this time of year, we are unable to inspect the property. The subdivision representative will need to contact Lincoln County Weed & Pest in the spring of 2023. At that time we will review a map of the proposed subdivision as well as schedule an appointment to go onsite to evaluate the noxious weeds in the area. Star Valley Conservation District: Due to groundwater levels being so close to the surface in all four sections SVCD recommends enhanced septic systems and no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. Please note that if soil cuts are done at other times static water levels fluctuate according to the amount of high-water runoff from year to year. Please note that the property has an irrigation water right from the Salt River through the Luthi Ditch. The water district must have maintenance access to the ditch. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the ditch is prohibited and is subject to removal by the ditch company. For more information, please contact our office at 307-885-7823. State Engineer's Office: Our records indicate that there may be some irrigated acres associated with the subdivision lands under Permit T1593 and P873.0E. These acres need to be addressed per Statute. 104 MA 24 BCC Water rights under P15462.0R and P36704.0D were specifically mentioned in the subdivision report; however, our records indicate that P15518.0R and P36691.0D are also associated with Trespass Ranch and are located within the proposed area of the subdivision. Note that due to the varying surface water sources including alluvial inflows involved with this project, additional permitting may be required. 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 Trespass Ranch 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 25 lots within the Trespass Ranch 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 Registered 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 Southwest District Engineer in Lander. For the proposed advanced EnviroSeptic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. After domestic well installation and prior to use, the WWDEQ WQD suggests that homeowners have their well sampled for the following constituents: The National Primary Drinking Water Regulations inorganic chemicals, microorganisms, radionuclides and the National Secondary Drinking Water Regulations contaminants. In addition, the WQD suggests homeowners have their well tested on a semi- regular schedule (see knowyourwell.org). Wyoming Game & Fish: Given the dynamic nature of the Salt River and known erosion issues in the vicinity of the proposed subdivision, the Department recommends the following: • Maintain riparian vegetation to the greatest extent possible to minimize erosion and sediment loading and maintain fish habitat. • The 150’ buffer between structures and the river should contain woody riparian vegetation with deep binding root mass to minimize erosion and land loss. • If bank stabilization is desired on lots, the use of bioengineering techniques such as toe wood, bankfull benches, and riparian corridors be utilized to dissipate and keep the energy off the stream bank, while creating habitat beneficial to fish species, and allowing riparian vegetation to establish. • Implement proper riparian management strategies to maintain robust vegetative communities. • Use Best Management Practices during construction including stabilizing disturbed areas with mulch, sod, permanent or temporary vegetation. Fire Marshal: Due to the width of the roadways proposed, both sides will need to be posted in accordance with IFC D103.6 “No Parking – Fire Lane”. The proposed gate by Lot 1 will need to comply with IFC D103.5 and the cul-de-sac at Lots 9, 10, and 11 must comply with IFC D103.4. 104 MA 24 BCC PUBLIC COMMENT: Public Comments are attached. UV239 £¤89 Star Valley Ranch 30 31 32 20 19 18 17 36 15 21 14 25 34 13 33 16 26 35 28 2422 27 23 35N 118W35N 119W ³±184 ³±114Spring Meadow Lane BROG, FRED D & ANNIEC TRUSTEES BROG, TYLER F & SUZETTE D JOHNSON, SETH M & CHRISTINE A HEINER,LADELL NELSON, AD & CP FAM TRUST TAYLOR JED R & LEVI JTAYLOR MENA,LYNNETTE ATAPIA,ANA M TRUSTEE PIERCE, LYNETTE M REVOCABLE TRUST NELSON, THOMAS E & MICHAEL BSUCC CO-TRUSTEES BROG, FREDD & ANNIE C LUTHI, DEANR JR ETAL HAYES, RALPH W & CHANDRA MMILLER, KENNETH R & CLARICE S TRUSTEES CZESNAKOWICZ, ROBERT& NANCYMYERS, MICHAEL K & REBECCAS TRUSTEESPELTZ, RAYMOND & AMY GWYN, ROBERTL & LINDA J TRUSTEES VAN ORDEN, MICHAEL LTRUSTREE MEEHAN, TIM TRESPASS RANCH, LLC TRESPASS RANCH, LLC HUNT, JASON & KIMBERLY TRESPASSRANCH, LLC HUNT, JASON D & KIMBERLEY HUNT, DAVIDA JR EGGLESTON, CARL O SUCCESSOR TRUSTEE TRESPASS RANCH, LLC TRESPASS RANCH, LLC TRESPASS RANCH, LLC EGGLESTON, CARL O SUCCESSOR TRUSTEE LUTHI, DEAN R JR ETAL LUTHI, DEAN R JR ETAL TRESPASS RANCH, LLC EGGLESTON, CARL OSUCCESSOR TRUSTEE EGGLESTON, CARL OSUCCESSOR TRUSTEE HEINER, LADELL HEINER, LADELL JENKINS, KIP L & BRENNA N JENKINS,KIP L & BRENNA N LUTHI, TYSON K & SHARON R LUTHI, TYSON K & SHARON R HEYE, CURTISL & TARA V MCINTYRE, TAMMY M PACHIE, GREGORY & LISA LUTHI, KIRBY D& JERALDINE BISON RANCH, LLC LUTHI, DEAN R JR ETAL LUTHI,DEAN R JR ETAL LUTHI, DEAN R JR ETAL BUTLER, ERIC & MELISSA PACHIE,GREGORY & LISA MEANS INVESTMENTS, LLC BUTLER, ERIC& MELISSA RAY, MARVIN E & HOPE L PACHIE,GREGORY & LISA SALEM, THOMAS &KENDYL THORNE CAMIC,GREGG A & DAWN M BROG, FRED D & ANNIE C TRUSTEES BROG, FRED D &ANNIE C TRUSTEES BROG, CLAY T & BRITTNEY BROG, CLAY T & BRITTNEY LUTHI, TAMI BF COMPANY TRUST TRESPASS RANCH, LLC BAUGH, JOHN R.& TRACEY C. LUTHI BRYAN T & LYNDSEY R Maxar Major Subdivision Application Roads Road_Type US Highways WY Highways Projects Public Noticing Township & Range Sections Municipalities File No 104 MA 24 Trespass Ranch Subdivision Trespass Ranch, LLC Prepared using available data by Katie Gipson, on 24 April 2024. Map is for informational purposes only and in no way represents an official survey of land. 104 MA 24 Page 1 of 10 DEVELOPMENT AGREEMENT FOR TRESPASS RANCH SUBDIVISION FILE NO. 104 MA 24 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2024 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Trespass Ranch, LLC hereinafter referred to as OWNER/DEVELOPER”, whose address is Trespass Ranch, LLC, 565 N. Birdneck Road, Virginia Beach, VA 23451. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 104 MA 24 Trespass Ranch Subdivision to subdivide approximately 129 +/- 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 Trespass Ranch 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. 104 MA 24 Trespass Ranch Subdivision on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future mention to the term SUBDIVISION. 1.2 IMPROVEMENT: Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development. 1.3 OWNER/DEVELOPER: means and refers to Trespass Ranch, LLC whose address is 565 N. Birdneck Road, Virginia Beach, VA 23451, 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 129+/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 104 MA 24 Page 2 of 10 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: 1. Construct an approved subdivision paved road with a minimum 26’ roadway width and 70’ radius cul-de-sac. A connecting road to create an internal loop shall be added on Trespass Lane, in addition to the crash-gated emergency access lane. 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 prior to final subdivision approval (see Lincoln County Land Use Regulations 6.18). 8. Meet subdivision fencing laws per Wyoming Statute 18-5-319. 9. “No Parking--Fire Lane” signs shall be posted on at least one side of the subdivision road, Trespass Lane. Both locked crash gates shall meet International Fire Code (IFC) D.103.5. 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 104 MA 24 Page 3 of 10 County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat shall be signed and recorded. Section 5. Control of trash, weeds, dust, erosion, and sedimentation. The OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land and shall therefore apply before, during, and until completion of Improvements. Section 6. Permits. The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of-way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Section 7. Inspections. The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements. The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of “as built” plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as 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. 104 MA 24 Page 4 of 10 Section 10. Remedies. In the event the OWNER/DEVELOPER fails to perform any of the terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency under this Agreement, the County, at its option, may exercise any rights and remedies it may have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation, OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. Section 11. Default. If the OWNER/DEVELOPER fails to fully perform any of its obligations in accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion. Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense. Section 13. Maintenance of Roads. OWNER/DEVELOPER hereby agrees that they will create a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minimum: a) Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b) Provide an entity for ongoing snow removal including the collection of snow removal fees; c) Ensure road maintenance and snow removal are maintained indefinitely. d) The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. Section 14. Binding Upon Successors. This Development Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives. Section 15. Notices. Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the address set forth below. 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 104 MA 24 Page 5 of 10 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: Trespass Ranch, LLC. 565 N. Birdneck Road Virginia Beach, VA 23451 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) 104 MA 24 Page 6 of 10 that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute, law restriction, court order, or Agreement to which the OWNER/DEVELOPER or the subdivision is subject. Section 21. Regulations. The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government. Section 22. Applicable Law/Venue. The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judicial District, Lincoln County, Wyoming. Section 23. Insurance. OWNER/DEVELOPER shall procure, and at all times maintain, general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24. Entirety of Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OWNER/DEVELOPER and County, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The County’s failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval, upon any of the violations of Lincoln County Land Use Regulations, or for misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. Section 26. Sovereign Immunity. The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to law, including government immunity. 104 MA 24 Page 7 of 10 Section 27. Effective Date. This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY ________________________________ Date: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 104 MA 24 Page 8 of 10 OWNER/DEVELOPER ________________________________ Date: ______________________ Trespass Ranch, LLC. STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by, Trespass Ranch, LLC, this ____ day of ______________ 2024. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 104 MA 24 Page 9 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Trespass Ranch Subdivision 129 +/- acres within Sections 21, 22, 27 and 28, Township 35 North, Range 119 West, in, Lincoln County, Wyoming. 104 MA 24 Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT WYOMING REGULATORY OFFICE 2232 DELL RANGE BOULEVARD, SUITE 210 CHEYENNE WY 82009-4942 June 21, 2024 Katie Gipson Lincoln County Office of Planning and Development, 421 Jefferson Street, Suite 701 Afton, Wyoming 83110 planning@lincolncountywyo.gov Dear Ms. Gipson: We received a copy of the Public Notice for 104 MA 24 Trespass Ranch Subdivision on May 3, 2024, and are providing comment as we were informed by Ms. Elizabeth Williams of your office that comments would be accepted until June 24, 2024. The proposed subdivision is located 2.84 miles west of the Town of Star Valley Ranch, Lincoln County Wyoming in Section 21, Township 35 N, Range 119 W. The U.S. Army Corps of Engineers (Corps) regulates the placement of dredged and fill material into wetlands and other waters of the United States as authorized primarily by Section 404 of the Clean Water Act (33 U.S.C. 1344). The term "waters of the United States" has been broadly defined by statute, regulation, and judicial interpretation to include all waters that were, are, or could be used in interstate commerce such as streams, reservoirs, lakes and adjacent wetlands. The Corps regulations are published in the Code of Federal Regulations as 33 CFR Parts 320 through 332. Information on Section 404 program requirements in Wyoming can be found on our website http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Wyoming.aspx. Based on the preliminary information you provided in the public notice, the project involves development of a Major Subdivision Preliminary Plat application proposal to subdivide 129 +/- acres into 25 residential lots and two Open Spaces, with an average lot size of 5 +/- acres in the Rural Zone. We are notifying you that waters of the U.S. including the Salt River, adjacent wetlands and other potential waters including irrigation ditches occur in the public notice area. The current landowner/applicant/developer, Trespass Ranch, LLC is responsible for obtaining authorization from the Corps prior to commencing with any activities that include a discharge of dredged or fill material in jurisdictional wetlands or other waters of the U.S. The landowner is currently in the process of obtaining an after-the-fact permit for regulated activities previously conducted within the public notice area without a permit. Any future regulated activities conducted by Trespass Ranch, LLC would be considered cumulative. We appreciate that the Preliminary Plat includes a 150-foot setback line from the west bank of the Salt River. However, future lot owners should be informed that permit responsibilities may be transferred with lot ownership. Future lot owners may be individually responsible for obtaining authorization from the Corps prior to commencing with any activities that include a discharge of dredged or fill material in jurisdictional wetlands or other waters of the U.S. within their individual lots. Work may qualify for authorization under a Nationwide Permit (NP) 29 for Residential Development, as defined in Part II of the Federal Register published on December 27, 2021 (86 FR 73522). Land or lot owners should contact the Corps’ Wyoming Regulatory Office or obtain information from our website if they have questions about permits. 2 This letter serves as a response to your public notice request for comment and does not represent a formal determination. We recommend contacting our office at Wyoming.Reg@usace.army.mil if you or your constituents have any questions. Thank you for considering the requirements of the U.S. Army Corps of Engineers' regulatory program. Please contact me at (307) 772-2300 if you have any further questions regarding this letter and reference file number NWO-2024-01032. Sincerely, Paige M. Wolken Senior Project Manager, Acting Section Chief Wyoming Regulatory Office February 20, 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 Trespass Ranch, major subdivision in Freedom, Wyoming. This property has a Section 23 Water Study, and this Section 23 water study supersedes any recommendations regarding soil cuts and the high groundwater table in this report. Due to groundwater levels being so close to the surface in all four sections SVCD recommends enhanced septic systems and no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. Please note that if soil cuts are done at other times static water levels fluctuate according to the amount of high-water runoff from year to year. Please note that the property has an irrigation water right from the Salt River through the Luthi Ditch. The water district must have maintenance access to the ditch. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the ditch is prohibited and is subject to removal by the ditch company. For more information, 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 Trespass Ranch Major Subdivision Freedom, Wyoming February 20, 2023 Location The Trespass Ranch, major subdivision is located within Sections 21, 22, 27, & 28 T35N R119W. Near Freedom, Wyoming. The proposed subdivision is +/- 125 acres and will be divided into 25 lots. Water Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data Base to obtain groundwater information for this property. Well logs from wells in the vicinity indicated the static water level is between 8 and 100 feet below ground surface. This property has a Section 23 Water Study, and this Section 23 water study supersedes any recommendations regarding soil cuts and the high groundwater table in this report. Due to groundwater levels being so close to the surface in all four sections SVCD recommends enhanced septic systems and no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. Please note that if soil cuts are done at other times static water levels fluctuate according to the amount of high-water runoff from year to year. Please note that the property has an irrigation water right from the Salt River through the Luthi Ditch. The water district must have maintenance access to the ditch. Landscaping such as trees, shrubbery, etc., within one rod (16.5 feet) of either side of the ditch is prohibited and is subject to removal by the ditch company. For more information, please contact our office at 307-885-7823. According to Surveyor Scherbel’s Office, owner’s agent, the 25 lots will each have individual wells and septic systems. 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 Anita Rehner, WYDEQ Program Coordinator at 307-777-5622 or arehner@state.wy.us or Katy Sprouse at 307-777-7570 or by email at katysprouse@wyo.gov Soils The following soils information provided by the Natural Resources Conservation Service (NRCS) Soil Survey of Star Valley Area, Wyoming – Idaho. This information does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by a Wyoming Licensed Engineer experienced in the design and construction of engineering work. The proposed subdivision is comprised of 6 soil type identified as Cryaquolis and Cryaquepts (CR), Dipman-Narrows association (DN), Leavittville complex (Le), Osmund and Mundos gravelly loams 0 to 3 percent slope (OnA), Turson silt loam (Tu), Valleano silt clay loam (Va) and Water (W). The Cryaquolist and Cryaquepts (CR) and Water (W) are not rated on the NRCS soil reports so will not be included. 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 Dipman-Narrows association (DN) are rated as Very Limited due to flooding, depth to saturated zone, shrink-swell, and ponding. Areas of Leavittville complex (Le), Osmund and Mundos gravelly loams 0 to 3 percent slope (OnA), and Turson silt loam (Tu) are listed as Not Limited. Areas of Valleano silt clay loam (Va) are listed as Very Limited 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 areas of Dipman-Narrows association (DN) are rated as Very Limited due to flooding, slow water movement, depth to saturated zone, and ponding. Areas of Leavittville complex (Le) and Osmund and Mundos gravelly loams 0 to 3 percent slope (OnA) are rated as Somewhat Limited due to slow water movement. Areas consisting of Turson silt loam (Tu) are rates as Very Limited due to flooding, depth to saturated zone, seepage and slow water movement. Areas consisting of Valleano silt clay loam (Va) are rated as Very Limited due to seepage and slow water movement. Roads and streets: The degree of limitations for roads and streets for areas of Dipman-Narrows association (DN), are rated as Very Limited due to frost action, flooding, low strength, shrink-swell, and ponding. Areas consisting of Leavittville complex (Le) are rated as Very Limited due to frost action and low strength. Areas consisting of Osmund and Mundos gravelly loams 0 to 3 percent slope (OnA) are rated as Very Limited due to frost action. Areas of Turson silt loam (Tu) are rated as Very Limited due to frost action, flooding, low strength. Areas of Valleano silt clay loam (Va) are listed as Very Limited due to frost action, low strength, and shrink-swell. Shallow excavations: The degree of limitations for shallow excavations for shallow excavations for areas of Dipman-Narrows association (DN) are rated as Very Limited due to depth to saturated zone, cutbanks cave, ponding, flooding and too clayey. Areas consisting of Leavittville complex (Le) and Osmund and Mundos gravelly loams 0 to 3 percent slope (OnA) are rated as Very Limited doe to cutbanks cave. Areas consisting of Turson silt loam (Tu) are rated as Very Limited due to frost action, flooding, and low strength. Areas consisting of Valleano silt clay loam (Va) are rated as Very Limited due to frost action, low strength, and shrink-swell. Erosion Hazard: The erosion hazard of natural surface roads and construction sites areas of Dipman-Narrows association (DN), Leavittville complex (Le), Osmund and Mundos gravelly loams 0 to 3 percent slope (OnA), Turson silt loam (Tu), Valleano silt clay loam (Va) are all rated 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. Landscaping: When landscaping, the SVCD recommends selecting plants that have low requirements for water, fertilizers, and pesticides. Cultivate plants that discourage pests and minimize high maintenance grassed areas. It is the policy of the Star Valley Conservation District to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. We encourage greater water efficiency in landscape design, installation, and maintenance. The waters of the state are of limited supply and are subject to ever increasing demands. Soils information provided by the Natural Resources Conservation Service (NRCS) Star Valley Soil Survey is attached. The information provided is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by personnel experienced in the design and construction of engineering work. Local ordinances and regulations should be followed in planning, site selection, and design. Noxious Weeds Lincoln County Weed and Pest full review is included later in this report. Please note any 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 Adam Clark, by phone, (307) 886-9001 or by email at adam.p.clark@usda.gov. Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommendsfollowing the guidelines in the University of Wyoming Barnyards and Backyards Living with Wildfire in Wyoming publication. http://www.uwyo.edu/barnbackyard/_files/documents/resources/wildfire2013/wildfire_web.pdf Wildlife Friendly Fencing Fences cause the direct mortality of wildlife through entanglement and prohibition of movement to seasonal ranges. Fences constructed or currently in existence on the property should be designed to allow free and unrestricted movement of wildlife. Wyoming Game and Fish Department recommends fences be built to minimally restrict livestock and horses, while allowing free movement of wildlife (e.g. a smooth bottom wire 16-18 inches above ground, a 39- inch maximum height and at least 12 inches between the top two wires). Wildlife can benefit from any area of open space. For more information please see Fencing Guidelines for Wildlife Wyoming Game & Fish Habitat Extension Bulletin No. 53 at the Wyoming Game and Fish website http://gf.state.wy.us/downloads/pdf/habitat/Bulletin%20No.%2053.pdf. Homeowners should protect ornamental shrubs used for landscaping and future homeowners should know that, by state statute, the Wyoming Game and Fish Department is not liable for damage caused to ornamental plants by wildlife. The potential exists for wildlife conflicts, especially between wildlife and free-ranging domestic pets. The landowner should take precautions to minimize harassment of wildlife by dogs and cats. It is illegal to allow pets to chase or kill wildlife. Likewise, rural landowners should recognize that black bears, mountain lions, and other carnivores may come near their dwellings and may pose a threat to pets allowed to range freely. Sensitive Species and Historical Resources Sensitive, threatened, or endangered species were not evaluated as part of this review. STAR VALLEY CONSERVATION DISTRICT Kay Lynn Nield District Manager Department of Environmental Quality To protect, conserve and enhance the quality of Wyoming's environment for the benefit of current and future generations. WYO~JNG ~ 1!66) Mark Gordon, Governor Todd Parfitt, Director April 9, 2024 ..... . ~ ~-\~ .. :..i ~~~·-\ :.~ Lincoln County Board of Commissioners 925 Sage Avenue, Suite 302 Kemmerer, WY 83101 APR 1 9 2024 RE: Non-Adverse Recommendation, Trespass Ranch Subdivision, Lincoln County WDEQ-WQD Application# 2024-0075 Dear Commissioners: The Wyoming Department of Environmental Quality -Water Quality Division (WDEQ-WQD) has completed the review of the proposed Trespass Ranch Subdivision located in Sections 21, 22, 27 and 28, T35N, Rll9W, 6th P.M., in Lincoln County, Wyoming. The Trespass Ranch Subdivision wi11 create 25 lots out of approximately 129.09 acres. The information was submitted by Gareth Powell, P.E., with Forsgren Associates, Inc., and was signed by Gareth Powell, P.E., a Wyoming Licensed Professional Engineer. The information was also signed by Ben Jordan, P.G., a Wyoming Licensed Professional Geologist with Forsgren Associates. This letter represents the recommendations of the Wyoming Department of Environmental Quality as required by W.S. 18-5-306(c). The subdivision review will consist of (i) review of the proposed sewage system, (ii) review of the proposed water system, and (iii) groundwater review of the proposed sewage system. The conclusion of WDEQ- WQD's subdivision review will result in either a "Non-Adverse" or "Adverse" recommendation. • Non-Adverse --the proposed subdivision meets the safety and adequacy requirements of WDEQ Chapter 23 Rules • Adverse --the proposed subdivision does not meet the safety and adequacy requirements of WDEQ Chapter 23 Rules • Notes Required to be Added to the Final Plat --an Adverse recommendation will result in comments to address water or wastewater concerns with specific ''Notes Required to be Added to the Final Plat." PROPOSED SEWAGE SYSTEM REVIEW: The proposed sewage systems are the use of individual on-site septic tanks and advanced enhanced treatment enviro-septic leach fields constructed to standards established in WDEQ Water Quality Rules (WQR) and standards established by the Lincoln County Office of Planning and Development. • The information submitted addresses the safety and adequacy of the proposed sewage system. • The information submitted addresses the safety and adequacy of the proposed sewage systems, provided the statements indicated in the "Notes Required to be Added to the Final Plat" are adhered to. Page 1 of 4 PROPOSED WATER SYSTEM REVIEW: The subdivision's proposed water system will consist of the use of individual water supply wells completed on each lot. The proposed water system is safe and adequate with treatment for the Trespass Ranch Subdivision. Each well must be permitted by and constructed to the Wyoming State Engineer's Office standards. • The information submitted addresses the safety and adequacy of the proposed water system. • The information submitted addresses the safety and adequacy of the proposed water system, provided compliance with the statements indicated in the "Notes Required to be Added to the Final Plat" are adhered to. PROPOSED SEWAGE SYSTEM GROUNDWATER REVIEW: The proposed sewage systems are the use of individual on-site septic tanks and enhanced treatment advanced enviro-septic leach fields constructed to standards established in WQR and standards established by the Lincoln County Office of Planning and Development. The sub-division does overly an unconfined Class I groundwater as defined by WQR Chapter 8 Rules. • The information submitted addresses the safety and adequacy of the proposed sewage system. • The information submitted addresses the safety and adequacy of the proposed sewage system, provided the statements indicated in the "Notes required to be added to the final plat" are adhered to. Please refer to Appendix A, Groundwater Loading Model analysis located at the end of this letter for additional information. NOTES REQUIRED TO 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 Trespass Ranch 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 25 lots within the Trespass Ranch 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 Registered 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 Southwest 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. Page 2 of 4 After domestic well installation and prior to use, the WDEQ WQD suggests that homeowners have their well sampled for the following constituents: The National Primary Drinking Water Regulations inorganic chemicals, microorganisms, radionuclides and the National Secondary Drinking Water Regulations contaminants . In addition, the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org). CONCLUSIONS: Based on the materials and information presently submitted for this Chapter 23 subdivision application, the WDEQ is issuing an "Non-Adverse" recommendation applicable to the Trespass Ranch Subdivision. Disclaimer: Please refer to Appendix A, Groundwater Loading Model analysis located at the end of this letter for additional information. The Non-Adverse recommendation provided above has nothing to do with, nor has any bearing on the water rights associated with the Trespass Ranch Subdivision. Any questions or concerns about the water rights for the Trespass Ranch Subdivision should be directed to the State Engineer's Office. Nothing in Department of Environmental Quality recommendations or comments regarding the proposal for the Trespass Ranch Subdivision shall be construed to relieve Tim Costen of the obligation to obtain any permits or additional approval from any local, state or federal agencies as required by law, rules, regulations, or ordinances. Nothing in these recommendations commits the Department of Environmental Quality or Lincoln County to the issuance of required permits for construction, operation, or modification of water supply or sewage systems. ~~ Mark D. Baron, P.E. Southwest District Engineer Water & Wastewater Section, Water Quality Division Steven Loose, P.G. WDEQ Groundwater Geology Supervisor Groundwater Section, Water Quality Division Emailed copies: Tim Costen, 565 N. Birdneck Road, Virginia Beach, VA 23451, timcosten@cox.net Gareth Powell, P.E., & Ben Jordan, P.G., Forsgren Associates, 849 Front Street, Suite 201, Evanston, WY 82930, gpowell@forsgren.com, bjordan@forsgren.com Marcus N. Fleming, Lincoln County Planning Office, 421 Jefferson St., Ste 701, Afton, WY 83110, marcus.fleming@lincolncountywy.gov Emmett Mavy, Lincoln County Planning Office, 421 Jefferson St., Ste 701, Afton, WY 83110, emmett.mavy@lincolncountywy.gov Page 3 of 4 Appendix A Ground Water Loading Analysis Wastewater System Discharges to same aquifer that supplies a public water supply and are located within Zone I or Zone 2 • Determination= Chapter 23 Appendix A No. Nitrate Loading Analysis -Co Number of Bedrooms 3 Bedrooms 4 Bedrooms 5 Bedrooms Chapter 23 Appendix B Consultant Analysis 8.1 mg/L 9.9 mg/L 11.5 mg/L DEO Analysis 3.54 mg/L 4.47 mg/L 5.35 mg/L Minimum Isolation Distance Analysis (average vertical depth to alluvial groundwater is 4 feet)-t1 If the time for the septic effluent to reach groundwater exceeds the two-year time of travel the minimum horizontal isolation distance is not applicable. Number of Bedrooms 3 Bedrooms 4 Bedrooms 5 Bedrooms Consultant Analysis 0.011 years 0.01 l years o.oi 1 years Minimum Isolation Distance Analysis to a water well (horizontal direction)-t2 DEO Analysis 0.014 years 0.013 years 0.012 years If the calculated minimum horizontal isolation distance is less than 100 feet the default minimum isolation distance of 100 feet between a septic system leach field and water well must be used. Number of Bedrooms 3 Bedrooms 4 Bedrooms 5 Bedrooms Comments to Analysis: Consultant Analysis 74 feet 74 feet 74 feet DEO Analysis 81 feet 81 feet 81 feet For Appendix A the consultant is using 365 days for the infiltration of precipitation versus the DEQ uses 100 days. Page 4 of 4 Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Public Notice for 104 MA 24 Trespass Ranch Subdivision Jeff Schoen <jeff.schoen@wyo.gov>Mon, Jul 8, 2024 at 10:03 AM To: Katie Gipson <katie.gipson@lincolncountywy.gov> Cc: Commissioners <commission@lincolncountywy.gov>, planzonecommission <planzonecommission@lincolncountywy.gov>, Amy Butler <amy.butler@lincolncountywy.gov>, Jay Hokanson <jay.hokanson@lincolncountywy.gov>, Kay Lynn Nield <knield@starvalleycd.org>, Trish Smith <trish@starvalleycd.org>, merickson@lcsd2.org, Mark Baron <mark.baron@wyo.gov>, "hannes.stueckler@wyo.gov" <hannes.stueckler@wyo.gov>, john.eddins1@wyo.gov, Darin Kaufman <darin.kaufman@wyo.gov>, Markus Malessa <markus.malessa@wyo.gov>, Alan Adams <alan.adams@wyo.gov>, steven.greenwell@wyo.gov, will.schultz@wyo.gov, Jamie DeCora <jamiessltd@gmail.com>, Marlowe Scherbel <marlowescherbel@gmail.com>, aleavitt@lvenergy.com, engineeringlcpz@silverstar.net, cblayne@silverstar.net, ctjenkins@silverstar.com, Stephen Allen <stephen.allen@lincolncountywy.gov>, Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>, Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Katie, Due to the width of the roadways proposed, both sides will need to be posted in accordance with IFC D103.6 "No Parking - Fire Lane". The proposed gate by Lot 1 will need to comply with IFC D103.5 and the cul-de-sac at Lots 9,10, and 11 must comply with IFC D103.4. Thank you, [Quoted text hidden] -- Jeff Schoen Plans Examiner/Plan Review Coordinator Certified Fire Code Official Certified Master Code Professional Certified Combination Plans Examiner Certified Fire Inspector III 2100 W 5th Street Sheridan, WY 82801 Phone: 307.673.1461 Cell: 307.214.1506 Disclaimer Noce: This e-mail, including any aachments, to and from me, in connecon with the transacon of public business, is subject to the Wyoming Public Records Act (Wyo. Stat. 16-4-201 through 16-4-205) and may be disclosed to third pares. This informaon is intended solely for the use of the individual or enty named above. If you received this e-mail in error, please immediately nofy me by telephone or return e-mail. E-Mail to and from me, in connection with the transaction of public business, is subject to the Wyoming Public Records Act and may be disclosed to third parties. 7/8/24, 10:15 AM LINCOLN COUNTY WYOMING Mail - Public Notice for 104 MA 24 Trespass Ranch Subdivision https://mail.google.com/mail/u/0/?ik=8e4afe6fc8&view=pt&search=all&permmsgid=msg-f:1804027475561639571&simpl=msg-f:1804027475561639571 1/1 AQUATIC RESOURCES INVENTORY Wetland Delineation & Surface Waters Trespass Ranch Lincoln County, WY 83001 Located: Part of NW¼NW¼ Section 27, & SW¼SW¼ Section 22, T35N R119W Parcels: 35192130003700, 35192230009700, 35192720017800 35192720017700, 35192720003700 October 12, 2023 Prepared for: Trespass Ranch LLC c/o Tim Costen 565 N Birdneck Rd Virginia Beach, VA 23451 Prepared by: Trespass Ranch ARI – Lincoln County Trespass Ranch LLC Alder Environmental, LLC October 12, 2023 TABLE OF CONTENTS INTRODUCTION .....................................................................................................................1 STUDY AREA LOCATION..........................................................................................................1 Directions to Study Area .............................................................................................................. 1 Public Land Survey System .......................................................................................................... 1 Study Area ................................................................................................................................... 1 METHODS ..............................................................................................................................1 EXISTING INFORMATION REVIEW ...........................................................................................2 National Wetlands Inventory (NWI) ............................................................................................ 2 National Hydrography Dataset (NHD) ........................................................................................ 3 Aerial Imagery ............................................................................................................................. 3 Soil Survey ................................................................................................................................... 4 GENERAL DESCRIPTION OF STUDY AREA .................................................................................5 Land Use and Property History .................................................................................................... 5 Hydrologic Influences .................................................................................................................. 5 Topography ................................................................................................................................. 5 SURFACE WATERS ..................................................................................................................5 WETLAND DELINEATION.........................................................................................................5 Vegetation ................................................................................................................................... 6 Soils ............................................................................................................................................. 7 Hydrology .................................................................................................................................... 8 AQUATIC RESOURCES SUMMARY ...........................................................................................8 REFERENCES ........................................................................................................................ 10 APPENDIX A - MAPS Figure 1. Location Figure 2. Existing Site Information Figure 3. Pre-Impact Aquatic Resources & Contours Figure 4. Pre-Impact Aquatic Resources with Impacts & 2022 Aerial Imagery Figure 5. Zoomed Pre-Impact Aquatic Resources & Contours APPENDIX B – PHOTOS APPENDIX C – WETLAND DETERMINATION DATA FORMS APPENDIX D – SOIL SURVEY REPORT Trespass Ranch ARI – Lincoln County Page 1 of 7 Alder Environmental, LLC October 12, 2023 INTRODUCTION Alder Environmental, LLC was retained by Trespass Ranch LLC to provide wetland consulting services to delineate wetlands to address a Notice of Violation (NOW-2021-01700, dated May 2, 2023) documented by the U.S. Army Corps of Engineers (USACE) regarding unauthorized dredge and fill of wetlands adjacent to the Salt River that occurred in 2021 on the Trespass Ranch properties (Parcels: 35192130003700, 35192230009700, 35192720017800, 35192720017700, 35192720003700) in Lincoln County, WY (the Property, Appendix A – Figure 1). The Property is located north of Freedom Wyoming and is bisected by the Salt River (Appendix A – Figure 1). Alder conducted an Aquatic Resources Inventory (ARI) with a thorough investigation and post and pre-impact conditions. Alder delineated pre-impact wetland boundaries by collecting wetland characteristic information including existing vegetation, soils, and hydrologic conditions on the Property and conducting a thorough analysis of aerial imagery and pre-impact topographic survey data (Appendix A – Figure 3, 4, 5). The ARI was prepared by Heidi Bellorado, Professional Wetland Scientist, and Stephanie Dykema, Certified Wetland Delineator, with Alder Environmental. STUDY AREA LOCATION The ARI was conducted within a 40.55-acre Study Area located on the Property, which contains a channel of the Salt River, in Lincoln County, WY (Appendix A – Figure 2). Directions to Study Area From Etna, WY, head south on US Highway 89 for 3.6 miles. Turn right onto WY 239 and travel for 1.6 miles then turn right onto State Line Road. After 1.2 miles turn right onto Spring Meadow Lane. Head due east down a newly constructed dirt road and park at the bridge across the Salt River. Public Land Survey System Part of NW¼NW¼, Section 27 and SW¼SW¼, Section 22, T35N R119W. Study Area The Study Area comprises a 40.55-acre area that includes a 37.21-acre Southern Study Area encompassing the Salt River channel and adjacent lands to the east and west where unauthorized land clearing, development, and enhancements occurred in 2021. As requested by USACE, Alder investigated an additional 3.34-acre Northern Study Area that captures the riparian corridor of the Salt River in the northern-most parcel where 2021 vegetation disturbances also occurred. METHODS This ARI was conducted using all available data and resources to document conditions in the Study Area prior to the 2021 impacts that triggered the Notice of Violation. The ARI was completed according to a USACE Wyoming Regulatory Office Aquatic Resources Inventory Guidance memo dated May 10, 2011 and included a wetland delineation conducted in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual and 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (version 2). Given that the 2021 unauthorized impacts resulted in modified Trespass Ranch ARI – Lincoln County Page 2 of 7 Alder Environmental, LLC October 12, 2023 conditions on the Property, at the time of the 2023 wetland delineation, methods for Atypical Situations – Unauthorized Activities (part IV, Section F in the 1987 Manual) and Difficult Wetland Situations in the Western Mountains, Valleys, and Coast Region (chapter 5 in the regional supplement) were applied. A thorough review of available data was conducted prior to the 2023 onsite inventory and wetland delineation. A topographical survey conducted by Surveyor Scherbel, Ltd in 2021 before land clearing, grading, and fill commenced on the Property was consulted to understand pre- impact conditions. Alder analyzed the 1-foot topographical contours and compared pre- and post-impact aerial imagery to identify potential pre-impact wetlands areas and select sample point locations. Alder selected 26 sample points to assess various vegetative communities and topographic positions in the Study Area and to ascertain where impacts occurred and where wetlands existed prior to impacts (Appendix A – Figures 3, 4, & 5). Several sample points were selected in areas where vegetation appeared undisturbed according to pre- and post-impact aerial imagery to capture normal conditions. Other sample points were selected in disturbed areas to identify where soil disturbance occurred versus vegetation clearing. Digital photos were taken to document sampling points and aquatic resources (Appendix B). The U.S. Army Corps of Engineers 2016 National Wetland Plant List, version 3.2 website (http://wetland_plants.usace.army.mil/) and the National Wetland Plant List: 2016 Update of Wetland Ratings (Lichvar, 2016) were used as references for vegetation wetland indicator status. Following the onsite inventory and wetland delineation conducted on June 21 and September 7, 2023, Alder re-reviewed topographical contours and aerial images with the sample point data to delineate pre-impact wetland boundaries. Maps were prepared using ArcMap 10.8.1 in the following datum and coordinate system: NAD_1983_StatePlane_Wyoming_West_FIPS_4909_Feet. The geographic locations of the sample points and wetland boundaries were collected using a Juniper Systems Cedar CT8 Tablet and Geode GPS unit and an iPad (Appendix A – Figures 3, 4, & 5). EXISTING INFORMATION REVIEW The following existing site information was initially reviewed to determine the presence or absence of aquatic resources in the Study Area and to identify conditions and potential wetland locations before unauthorized activities in 2021 modified the landscape (Appendix A – Figure 2). National Wetlands Inventory (NWI) The NWI map layer shows several different types of aquatic resources present in the Study Area. This layer is intended to be used as an indicator of possible wetlands in the Study Area. The NWI identifies the Salt River channel through the Study Area as Riverine, Lower Perennial, Unconsolidated Bottom, Permanently Flooded (R2UBH). A section of the Salt River the southeast of the bridge is identified as Riverine, Lower Perennial, Unconsolidated Shore, Temporarily Flooded (R2USA). Adjacent to the Salt River on the western bank in the center and northern end of the Study Area, the NWI maps two areas of Palustrine, Scrub-Shrub, Seasonally Flooded (PSSC) wetlands. South of these is an area mapped as Palustrine, Scrub-Shrub, Temporarily Flooded (PSSA). Adjacent to the Salt River to the east is a large area identified as Palustrine, Emergent, Trespass Ranch ARI – Lincoln County Page 3 of 7 Alder Environmental, LLC October 12, 2023 Temporarily Flooded (PEMA) by the NWI (Appendix A – Figure 2). This area is between two channels of the Salt River. National Hydrography Dataset (NHD) The U.S. Geological Survey National Hydrography Dataset (NHD) GIS layer depicts an NHD flowline representing the Salt River channel meandering through the center of the Southern Study Area and the eastern boundary of the Northern Study Area. The Salt River flows south to north. Aerial Imagery Aerial imagery depicting the Study Area before land clearing and development (July to November 2021) was analyzed and compared to aerial imagery of the site after the 2021 violation occurred to assess where wetlands and vegetative communities existed and where impacts occurred. Aerial imagery for pre-impact analysis included: NAIP aerial imagery from 2015, 2017, and 2019 (exact dates not available, but assumed from July to September) and drone imagery conducted by Surveyor Scherbel for the landowner in July 2021. Alder analyzed aerial imagery to estimate where saturation, emergent, and scrub-shrub wetland areas may have occurred prior to impacts. Esri’s World Imagery Basemap, sourced from Maxar for the Study Area Location, with a 0.5 m resolution, and captured on September 20, 2022, was analyzed and compared to pre- impact imagery to ascertain location and extent of impacts, modified vegetative communities, and where wetland fill or dredging occurred. Southern Study Area: Aerial imagery from 2015, 2017, 2019 and 2021 (pre-impact imagery), before land clearing and development began, depicts the western end of the Southern Study Area consisting of cultivated agricultural meadow. Before the impacts, an agricultural access road ran north to south, separating the agricultural meadow to the west from a natural area to the east. This area east of the road and west of the Salt River consisted of small patches of shrubs amid herbaceous vegetative cover. Pre- impact images indicate that the western bank of the Salt River likely supported a narrow wetland fringe. Near the center of the Study Area, the west of the Salt River, on the inside of a bend and adjacent to a backwater or historic side channel, pre-impact images show that a wider wetland fringe likely persisted with mostly emergent vegetation. The Luthi Ditch diverted from the Salt River near the center of the Study Area and running north also appears to support a narrow wetland fringe. East of the Salt River channel on the outside of the large bend in the river, an oxbow channel is visible in both pre-impact aerial images and vegetation indicates that the area between the river and the oxbow supported emergent and scrub-shrub wetlands. East of the oxbow, imagery shows dense shrub cover with a few large trees in the southern end. Potential saturation is depicted along the eastern boundary of the Study Area indicating that ground water fluctuation might have supported wetlands farther from the Salt River channel. Imagery captured in September 2022, approximately one year after land clearing and unauthorized wetland impacts occurred, shows that most of the shrub cover in the Southern Study Area was removed. Soil disturbance or grading appears to have occurred in several areas, including the potential wetland along the western Salt Riverbank, inside Trespass Ranch ARI – Lincoln County Page 4 of 7 Alder Environmental, LLC October 12, 2023 a large bend, and adjacent to historical backwater. The backwater channel (to the west of the Salt River) appears to have been filled (Appendix A – Figure 4, #1). The eastern end of the oxbow channel east of the main river channel appears to have been graded or filled (Appendix A – Figure 4, #2). The 2022 imagery also depicts grading or soil disturbance running north to south, creating a constructed channel which splits into two then converges back to one at the Salt River main channel at the southern edge of the Study Area. In the northeast corner of the southern Study Area, an area inside a bend in the Salt River where remnant channels or backwaters appear to have existed appears to have been heavily disturbed or graded when pre- and post-impact imagery was compared (Appendix A – Figure 4, #3). Northern Study Area: Pre-impact aerial imagery depicts the western end of the Northern Study Area consisting of open agricultural meadow. A wide area of dense shrub cover is depicted in the northern end of the Study Area west of the Salt River. Areas of potential saturation are visible in the northern corner of the Study Area where the Luthi Ditch appears to converge with the Salt River channel. In the southern end of the Study Area, shrub cover consists of a narrower swath adjacent to a likely emergent wetland fringe along the riverbank outside of the Study Area. Imagery captured in September 2022 approximately one year after land clearing and unauthorized wetland impacts occurred, shows that most of the shrub cover in the Northern Study Area was removed. Soil disturbance or grading appear to have occurred near the center of the Study Area running south and disturbance is also depicted outside the Study Area and the Property to the east along an inside bend in the Salt River Channel. Soil Survey The soil survey conducted by the U.S. Department of Agriculture – Natural Resources Conservation Services (USDA-NRCS) indicates the primary soil types within the Study Area as Turson silt loam with smaller areas of Leavittville silt loam and Cryaquolls and Cryaquepts and water (Appendix D). Cryaquolls and Cryaquepts are hydric, while Leavittville and Turson are non-hydric. Turson silt loam is identified in 75% of the Study Area adjacent to the Salt River. Turson soils are typically found in stream terraces and floodplains, consist of alluvium derived from igneous, metamorphic, and sedimentary rock, are moderately well drained, with an A horizon of silt loam, a C horizon of silt loam, and a 2C horizon of very gravelly loamy sand down to 59 inches. Leavittville silt loam is mapped on the western end of the Study Area. These soils are typically found in fan remnants, have eolian deposits over slope alluvium derived from igneous, metamorphic and sedimentary rock, are well drained with an A horizon of silt loam, a Bk horizon of silt loam, and a 2BCk horizon of very gravelly loam down to 60 inches. Cryaquolls and Cryaquepts are identied in a small area on the eastern boundary of the Northern Study Area. These are typically found in floodplains, have alluvium derived for igneous, metamorphic, and sedimentary rock, and are poorly drained. Trespass Ranch ARI – Lincoln County Page 5 of 7 Alder Environmental, LLC October 12, 2023 GENERAL DESCRIPTION OF STUDY AREA Land Use and Property History The Study Area lies along a side channel of the Salt River, north of Freedom Wyoming. Aerial imagery from 2015, 2017, 2019, and 2021 show that the area west of the river has consisted of agricultural meadow, with evidence of cultivation in the western end of the Southern Study Area. Along the Salt River and east of the Salt River, the Study Area has historically consisted primarily of dense willow shrubland with a few scattered cottonwood trees and interspersed areas of emergent wetland or herbaceous meadow. Development commenced in the Study Area between July and November 2021 and as shown in the September 2022 aerial imagery and most shrub cover was cleared from the Study Area and a road was built from the west to the bridge across the river. Hydrologic Influences The primary hydrological influence in the Study Area is the Salt River and associated side channels and backwaters. The Salt River consists of two channels in the vicinity of the Study Area. To the east of the Salt River channel within the Study Area this area is likely heavily influenced by seasonal flow fluctuations. Groundwater table fluctuations may influence wetlands in lower lying areas adjacent to the river or isolated from the river. Topography A topographical survey conducted by Surveyor Scherbel in 2021, before ground disturbance commenced, shows undulating topography within the Study Area. Lower lying areas were surveyed adjacent to the Salt River, in the oxbow, and in several pockets east of the river (Appendix A – Figure 3). SURFACE WATERS Alder identified the following surface waters within the Study Area during the 2023 site inventory and based on analysis of pre-impact aerial imagery: the Salt River and Luthi Ditch. The primary surface water feature in the Study Area is the Salt River, which flows south to north. The Salt River is a perennial river and drains a larger watershed area influenced by seasonal mountain snowmelt. Within the vicinity of the Study, the Salt River is braided and splits into two channels, the western channel flows through the center of the Southern Study Area and along the eastern edge of the Northern Study Area. Backwaters or remnant side channels along the Salt River had surface water at the time of the June 2023 site visit, near the center of the Southern Study area and near an oxbow. Water is diverted into an irrigation ditch, Luthi Ditch, at two locations near the northern end of the Southern Study Area. This ditch returns to the Salt River at the northern end of the Northern Study Area. WETLAND DELINEATION Alder conducted a wetland delineation within the Study Area on June 21 and September 7, 2023 (Appendix A – Figure 3, 4, & 5). A total of ten (10) wetland and sixteen (16) non-wetland (upland) sample points were used to delineate 1.58 acres of palustrine emergent wetlands, 3.03 acres of palustrine scrub-shrub wetlands, and 1.14 acres of potential wetland mosaic within the 40.55-acre Study Area (Appendix A – Figure 5). Photos of the wetlands and sample points are provided in Appendix B. The Wetland Determination Sample Point Data Forms are provided in Trespass Ranch ARI – Lincoln County Page 6 of 7 Alder Environmental, LLC October 12, 2023 Appendix C. The following describes the vegetation, soils, and hydrology of these aquatic sites and adjacent uplands. Vegetation Plant species and their percent cover were recorded for each vegetative stratum using a 30-foot radius for trees and woody vines, a 15-foot radius for shrubs, and a 5-foot radius for herbaceous plants. Each species’ wetland indicator status was recorded based on its listing in the Wyoming 2016 Final State Wetland Plant List (Lichvar 2016). All sample points had the dominance test and prevalence index performed to determine if hydrophytic vegetation was present to satisfy the wetland criteria. Vegetative cover present at the time of the wetland delineation was recorded; however, due to disturbance (i.e., vegetation clearing, and mowing), protocols for problematic vegetation were used to determine presence of hydrophytic vegetation at several sample points (SP-02, SP-04, SP-12, SP-15, SP-16, SP-17, SP-22, SP-23, SP-24, SP-26). Reasoning for the determination of significantly disturbed vegetation and methods used to assess for hydrophytic vegetation are detailed in the Wetland Determination Data Forms in Appendix C. Twenty-one (21) out of twenty six (26) sample points qualified for hydrophytic vegetation indicators (SP-01, SP-02, SP-03, SP-04, SP-05, SP-07, SP-09, SP-10, SP-11, SP- 14, SP-16, SP-17, SP-18, SP-19, SP-20, SP-21, SP-22, SP-23, SP-24, SP-25, SP-26). The remaining five (5) sample points did not qualify for hydrophytic vegetation indicators (SP-06, SP-08, SP-12, SP-13, SP-15). The dominant plant species observed at sample points with hydrophytic vegetation and sample points without hydrophytic vegetation are listed in Table 1. Upland points that qualified for hydrophytic vegetation, mainly contained upland (UPL), facultative upland (FACU), and facultative (FAC) species, except for reed canary grass and willow species. TABLE 1. DOMINANT PLANT SPECIES OBSERVED AT SAMPLE POINTS Scientific Name Common Name Wetland Indicator Status Dominant at Sample Points with Hydrophytic Vegetation Dominant at Sample Points without Hydrophytic Vegetation Shrub and sapling Salix boothii Booth's willow FACW X Salix exigua Narrowleaf willow FACW X X Salix bebbiana Bebbs willow FACW X X Salix lucida Shining willow FACW X Ribes aureum Golden current FAC X Rosa woodsii Woods’ rose FACU X Herbaceous Agrostis stolonifera Spreading bentgrass FAC X Alopecurus arundinaceus Creeping meadow-foxtail FAC X X Bromus inermis Smooth brome UPL X Cardus nutans Nodding plumeless thistle UPL X Cirsium arvense Canadian thistle FAC X X Trespass Ranch ARI – Lincoln County Page 7 of 7 Alder Environmental, LLC October 12, 2023 Cynoglossum officinale Gypsy flower FACU X Hyoscyamus niger Black henbane NI X X Phalaris arundinacea Reed canarygrass FACW X X Elymus trachycaulus Slender wheatgrass FAC X Solanum dulcamara Climbing nightshade FAC X Solidago canadensis Canada goldenrod FACU X Poa pratensis Kentucky bluegrass FAC X Medicago lupulina Black medic FACU X Trifolium pratense Red clover FACU X Soils Soils within the Study Area were examined at each sample point through a feel and appearance method, using the Munsell Soil Color Charts and Pocket Guide to Hydric Soil Field Indicators, and were recorded in the wetland determination data forms provided in Appendix C. Due vegetation clearing or ploughing, several sample points were assessed using procedures for disturbed soils (SP-2, SP-4, SP-12, SP-17). Reasoning for a determination of significantly disturbed soils and methods used to assess for hydric soils are described in the Wetland Determination Data Forms in Appendix C. Soil textures and observed field hydric soil indicators are listed in Table 2. TABLE 2. SOILS OBSERVED AT SAMPLE POINTS Sample Point Soil Texture Color Matrix Redox Present w/in 8 in Hydric Soil Indicator Wetland SP-1 Clay Loam 10YR 3/2, 7.5YR 4/2 Yes Depleted Matrix (F3) Yes SP-2 Clay Loam 10YR 3/2 No None No SP-3 Clay Loam, Sand 10YR 4/2, 7.5YR 4/2 Assumed Depleted Matrix (F3) Yes SP-4 Clay Loam 10YR 3/2 No Other Yes SP-5 Clay Loam, Silty Clay Loam 10YR 3/2, 10YR 3/4 No None No SP-6, SP- 8, SP-10 Silty Clay Loam 10YR 3/2 No None No SP-7 Silty Clay Loam, Clay Loam 10YR 2/2, 7.5YR 4/2 Assumed Depleted Matrix (F3) Yes SP-9 Clay Loam, Mucky Clay/Loam 10YR 3/2, 7.5YR 4/2 Yes Depleted Matrix (F3) Yes SP-11 Silty Clay, Sandy Clay 7.5YR 4/2, 10YR 3/2 Assumed Depleted Matrix (F3) Yes SP-12 Sandy Clay Loam 10YR 3/2 No None No SP-13, SP- 15 Clay, Clay Loam 10YR 3/2 No None No SP-14 Silty Clay Loam 7.5YR 4/2 Yes Depleted Matrix (F3) Yes SP-16 Silty Clay, Silty Clay Loam 10YR 3/2, 7.5YR 4/2 Assumed Depleted Matrix (F3) Yes SP-17 Clay Loam, Sandy Clay 10YR 3/2 No None No SP-18 Clay Loam, Sandy Loam 10YR 3/2, 7.5YR 4/3 No None No SP-19, SP- 21 Clay Loam, Sand 10YR 3/2, 10YR 3/3 No None No Trespass Ranch ARI – Lincoln County Page 8 of 7 Alder Environmental, LLC October 12, 2023 Hydrology Alder identified the primary hydrology indicators as Surface Water (A1), High Water Table (A2), and Saturation (A3) and secondary hydrology indicators as Dry-Season Water Table, FAC-Neutral Test (D5), and Geomorphic Position (D2). Wetland hydrology was not present at sample points SP-2, SP-5, SP-6, SP-8, SP-10, SP-12, SP-13, SP-15, SP-17, SP-18, SP-19, SP-21, SP-22, SP-23, SP-24, and SP-26. The primary and secondary wetland hydrology indicators for each sample point are listed in Table 3. TABLE 3. WETLAND HYDROLOGY INDICATORS AT SAMPLE POINTS Sample Point Primary Wetland Hydrology Indicators Secondary Wetland Hydrology Indicators Wetland SP-1, SP-3, SP- 9, SP-14, SP- 20 Saturation (A3) FAC-Neutral Test (D5) Yes SP-2, SP-6, SP- 8, SP-12, SP- 13, SP-15, SP- 21 None None No SP-4 None Geomorphic Position (D2), FAC- Neutral Test (D5) Yes SP-5, SP-10, SP-17, SP-18, SP-19, SP-22, SP-23, SP-24, SP-26 None FAC-Neutral Test (D5) No SP-7, SP-11, SP-16 High Water Table (A2), Saturation (A3) FAC-Neutral Test (D5) Yes SP-25 None FAC-Neutral Test (D5), Geomorphic Position (D2), Dry- Season Water Table (C2) Yes AQUATIC RESOURCES SUMMARY The following is a summary of Alder’s findings within the 40.55-acre Study Area and wetland extent and quality prior to impacts of development and vegetation clearing in 2022. Wetland status and type were determined using wetland delineation field data as well as thorough analysis of pre-impact aerial imagery and topography. Five (5) of the sample points were determined to be located within emergent wetlands (SP-1, SP-3, SP-4, SP-14, and SP-25) and five (5) of the sample points were located within scrub-shrub wetlands (SP-7, SP-9, SP-11, SP-16, SP- 20). The other sixteen (16) sample points were located within uplands (SP-2, SP-5, SP-6, SP-8, SP- 10, SP-12, SP-13, SP-15, SP-17, SP-18, SP-19, SP-21, SP-22, SP-23, SP-24, SP-26). Based on the all available information including pre-impact topographical surveys, pre- and post-impact aerial imagery, and a detailed wetland delineation conducted in 2023, Alder delineated 1.58 acres of SP-20 Sandy Clay Loam, Sandy Loam, Sandy Clay 7.5YR 4/2, 10YR 3/2 Yes Depleted Matrix (F3) Yes SP-22, SP- 23, SP-24 Clay Loam, Sandy Clay 10YR 2/2, 10YR 3/2 No None No SP-25 Clay Loam, Silty Clay Loam 10YR 3/2, 7.5YR 4/2, 7.5YR 5/2 Yes Depleted Matrix (F3) Yes SP-26 Clay Loam 7.5YR 3/2 No None No Trespass Ranch ARI – Lincoln County Page 9 of 7 Alder Environmental, LLC October 12, 2023 palustrine emergent wetlands, 3.03 acres of palustrine scrub-shrub wetlands, and 1.14 acres of potential wetland mosaic within the Study Area. This delineation identifies wetlands before 2021 development impacts (Table 4). Figure 3 depicts delineated wetlands and pre-impact topographic contours and aerial imagery (July 2021); Figure 4 shows delineated wetlands and disturbance types based on the 2022, post-impact aerial imagery and site assessments; Figure 5 summarizes delineated wetlands in the North and South Study Area based on all available information (Appendix A). TABLE 4. AQUATIC RESOURCE SUMMARY TABLE FOR THE STUDY AREA Unique Feature Label Sample Point ID Aquatic Resource Type Cowardin Classification Area (acres) Comments Photo Numbers W1 SP-9, SP- 11, SP-16, SP-20 Palustrine scrub- shrub wetland PSS1C 2.02 Pre-impact scrub- shrub wetland supported by the Salt River 19-20, 23- 24, 33-34, 40-41, 56- 57, 59 W2 SP-3A, SP-7 Palustrine scrub- shrub wetland PSS1B 1.01 Pre-impact scrub- shrub wetlands isolated between two channels of the Salt River 7-8, 15-16, 58 W3 SP-1, SP-3, SP-4 Palustrine emergent wetland PEM1C 1.19 Emergent wetland supported by the Salt River, side channels, and oxbow 1-2, 5-6, 9- 10, 55-56 W4 SP-14, SP- 25 Palustrine emergent wetland PEM1C 0.39 Emergent wetland fringe along Luthi Ditch 29-30, 51- 52, 61 W5 Potential wetland mosaic (emergent and scrub shrub) PEM1B, PSS1B 1.14 Isolated area dominated by hydrophytic vegetation 62 S1 Surface Water R3UB1 1.57 Salt River Channel 55-57, 59 S2 Surface Water R4SB5 0.19 Side channels/backwater from Salt River 55-56 S3 Surface Water R2SB3x 0.15 Luthi Ditch 61 PSSC PSSC R2UBH PSSA PEMA PEMA R2USA 1 inch = 150 feet $0 75 150Feet Existing Information October 4, 2023 FIGURE 2 Legend Lincoln County, ID- Ownership BoundariesNAIP- Aerial Imagery, 2019USGS National HydrographyDataset (NHD)- Flowline, WaterbodiesUSFWS- National Wetland Inventory (NWI) Sources North Study Area South Study Area Parcel Boundaries(approximate) Trespass Ranch LLC AQUATIC RESOURCES INVENTORY Lincoln County, WY Existing Aquatic Information NHD Flowline (streams)NWI (USFWS) Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Riverine Salt RiverMcintyre35192230039000Meehan35192230037800Hunt35192720005700Hunt35192720005700Hunt35192720011200Trespass Ranch LLC35192130003700 Trespass Ranch LLC35192720003700 Trespass Ranch LLC35192230009700 Trespass Ranch LLC35192720017800 Trespass Ranch LLC35192720017700Trespass Ranch LLC35192130003700Trespass Ranch LLC35192810003700Eggleston35192720017700 Luthi35192110009900 !A!A !A!A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A SP-01SP-02 SP-03 SP-04 SP-05 SP-06 SP-07 SP-08 SP-09 SP-10 SP-11 SP-12 SP-13SP-14 SP-15 SP-16 SP-17 SP-18 SP-19 SP-21 SP-26 SP-20 SP-25 SP-22 SP-23 SP-24 SP-3A 5 7 5 6 575 45755 5 7 5 3 5756575457535752575557515759 5 7 5 8 5757 57515 7 4 9 575457525753 5752 5752575157585757 57595 7 5 7 5757 5756 575 6 5755 57555 7 5 4 575357525753575257515 75 0 5760 57555756 57525751 57525 7 6 057565 7 5 3 5751 575257 5 2 57595758575957575756 5758575857565755 5754575457555754 5755 5754575457545753575457535753 5 752 57515 7 5 2 5751 57505 7 5 9 5759 57595759 5759 57595757 57585757 57585758575857565757 575657565756 57565756 5 7 5 6 57555755 5755 575557555755 57555 7 5 4 575457545754575457535753 5751 575257535753 57535753 57525752 5752 5752 5751 57515 7 5 1 5751575157555754 5754 57 5 2 5751 1 inch = 150 feet $0 75 150FeetPre-Impact Aquatic Resources & Contours October 4, 2023 FIGURE 3 Legend Surveyor Scherbel, Ltd.- Aerial Imagery, 2021- Waterways - Contours (1')Alder Environmental, LLC- Wetland Delineation (6/21/23, (9/7/23) Sources North Study Area South Study Area 1' Contours Pre-Impacts Trespass Ranch LLC AQUATIC RESOURCES INVENTORY Lincoln County, WY 2023 Sample Points !A Disturbed Sample Point !A Upland Sample Point !A Wetland Sample Point Subtype Scrub-Shrub Wetland Emergent Wetland Salt River Side Channel Potential Wetland Mosaic Seasonal Backwater Ditch Mapped Wetlands Outside Property S a lt R iv e rLuthi Ditch Trespass Ranch LLC AQUATIC RESOURCES INVENTORY Lincoln County, WY !A!A !A!A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A SP-01SP-02 SP-03 SP-04 SP-05 SP-06 SP-07 SP-08 SP-09 SP-10 SP-11 SP-12 SP-13SP-14 SP-15 SP-16 SP-17 SP-18 SP-19 SP-21 SP-26 SP-20 SP-25 SP-22 SP-23 SP-24 SP-3A 1 inch = 150 feet $0 75 150FeetPre-Impact Aquatic Resources with Impacts & 2022 Aerial Imagery October 10, 2023 FIGURE 4 Legend ESRI - Aerial Imagery, 2022 Surveyor Scherbel, Ltd. - Waterways Alder Environmental, LLC - Wetland Delineation (6/21/23, (9/7/23) - 2021 Impacts Sources North Study Area South Study Area Parcel Boundaries (approximate) 2021 Impacts Disturbed/Compacted Excavation Fill 2023 Sample Points !A Disturbed Sample Point !A Upland Sample Point !A Wetland Sample PointAquatic Resources Scrub-Shrub Wetland Emergent Wetland Salt River Side Channel Potential Wetland Mosaic Seasonal Backwater Ditch Mapped Wetlands Outside Property S a lt R iv erWetlands mapped, but notdelineated on neighboringproperties Impacts occurred from Julyto November 2021, but werededuced based on the 2022aerial imagery and site visitsin May, June, and September2023.Luthi Ditch¬«1 As-Built Wetland Impacts 1) Filled emergent wetland and backwater channel2) Graded and filled oxbow channel 3) Graded and excavated scrub-shrub wetland and backwater area ¬«2 ¬«3 Impacts to areas in yellow hatchwere temporary and consisted of vegetation clearing, not fill or excavation based on site observation and talking withSurveyor Scherbel !A !A !A !A !A !A !A SP-17 SP-18 SP-19 SP-21 SP-26 SP-20 SP-25 575557545753575157505749 575557525 7 525751 575 3575257535752575657545753 57525 7 5 1 5752575 25753 5751575157505 7 53 5 75 3 5753 5753575157535 7 5 15751 5 7 5 05750 Zoomed Pre-Impact Aquatic Resouces & Contours Trespass Ranch LLC AQUATIC RESOURCES INVENTORY Lincoln County, WY October 4, 2023 $S a lt R iv erLegend South Study Area North Study Area 2023 Sample Points !A Disturbed Sample Point !A Upland Sample Point !A Wetland Sample Point 1' Contours Pre-Impacts FIGURE 5 SourcesNAIP- Aerial Imagery, 2019Surveyor Scherbel, Ltd.- Waterways- Contours (1')Alder Environmental LLC- Wetland Delineation (6/21/23, (9/7/23) !A!A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !A !ASP-3A SP-01SP-02 SP-03 SP-04 SP-05 SP-06 SP-07 SP-08 SP-09 SP-10 SP-11 SP-12 SP-13 SP-14 SP-15 SP-16 SP-22 SP-23 SP-24 575357515760 57555755 5 7 5 4 5759 5758 5757 576057595 7 5 65755 575 4 57525757 5756 575857575756 57 55 5 7 5 5 5754575257515759 5 7 5 8 5759 5754 5758 5757 5 7 5 65755 575357525752575857565759575657565 7 5 5 57545754 5754575357 52 5751 5759 5 7 5 8 5759575957595759 5759 57595 7 5 7 5 7 5 8 5 7 5 8 5758575857575 7 5 7 575657575757575757565756575657565756 575657565755 57555755 5755 5755 5 7 5 5 5 7 5 4 5755 5 7 5 5 57545754575457545753 57515 7 5 2 575157 55 0 60 12030Feet 1 in = 120 feet 0 45 9022.5 Feet 1 in = 90 feet NORTHSTUDYAREA SOUTHSTUDYAREA S 1 : S a lt R iv e rPre-Impact Aquatic Resources Scrub-Shrub Wetland Emergent Wetland Salt River Side Channel Potential Wetland Mosaic Seasonal Backwater Ditch Mapped Emergent Wetlands Outside Property W1 W2 W2 W1 W1 W1 W3 W4 W2 W2 W3 W1 W5 W5 S3 S2 S2 S3 S1: Salt RiverW4 W1 W3S3: Luthi Ditch To Whom It may concern: In reviewing the current plans proposal for Trespass Ranch Subdivision we continue to have concerns that we would like addressed before approval is made on this proposal. 1. It has been discussed that the current fence was placed over the irrigation line. This line was place in 1982 for agriculture watering. It was agreed at that time that a fence would not be place so maintenance of said water line could be completed as needed. With a fence over the top of the line the only way to repair the water line is to remove the fence. There is a 20-foot agriculture buffer. It would be best for the fence place at the 20 buffer not on the property line to allow any maintenance that may need to be completed without removing the fence. Due to length of time this line has been in place it should take precedence so our ability to continue to farm our land is not impeded in any way. 2. With the proposed road that is being place our concern is the water that will be backed up from the road flooding our property. We do understand that it is proposed that a ditch be put in to redirect the water back to the river. The concerns with this, is what type of ditch is being put in and how that might affect our irrigation line due to erosion and the water not being directed in the natural flow of the river causing water backup into our fields effecting crops our ability to farm the land. We are suggestion that the ditch be cement and culverts are put in place under the road to allow for additional water the ditch may not be able to handle. We feel that Trespass Ranch should be responsible for any erosion that might accrue on our property due to the decision to place a road this close to the propriety line. In closing we would like it know that we expect that if Trespass Ranch continues to move forward as is currently outlined they will be solely responsible for any and all damages that might accrue in the event that the fence needs to be moved to accommodate any and all repairs for the irrigation line at any time in the future. It is also expected that if for any reason erosion around the irrigation line or flooding damage to crops or agriculture land due to the placement of roads or ditches Eggleston’s will be compensated for at the current rate of any and all lands or crops effected. Thank you for your time and considerations, Carl O Eggleston Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Fwd: Tress pass ranch 1 message Stephen Allen <stephen.allen@lincolncountywy.gov>Mon, May 13, 2024 at 4:45 PM To: Planning <planning@lincolncountywy.gov> Sent from my iPhone Begin forwarded message: From: Cowgirl <cowgirlmom@silverstar.com> Date: May 13, 2024 at 3:46:31 PM MDT To: commission@lincolncountywy.gov Subject: Tress pass ranch Dear Commissioners, We second ALL of Tyler Brog’s concerns for this development. We are deeply concerned about the pond and the affects it will have on surrounding neighbors. We are also concerned about the potential impacts of flooding and the above ground septic systems. If the right infrastructure is not put in place in this valley, all will suffer. Please consider a building moratorium. In closing this developer needs to be held accountable as I FEEL he only has his interest in mind and does not have the integrity to consider future home ownership or his neighbors. Thank you for all of your time and consideration in all of these matters. Hope Ray Marvin Ray Freedom, Wyoming Cowgirlmom 5/15/24, 11:53 AM LINCOLN COUNTY WYOMING Mail - Fwd: Tress pass ranch https://mail.google.com/mail/u/0/?ik=8e4afe6fc8&view=pt&search=all&permthid=thread-f:1798979279252746784&simpl=msg-f:1798979279252746784 1/1 Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Trespass Ranch Subdivision 1 message Lisa Pachie <office@bridgeranimalhospital.com>Mon, May 13, 2024 at 4:34 PM To: "planning@lincolncountywy.gov" <planning@lincolncountywy.gov> Dear Planning and Zoning and County Commissioners, May 13, 2024 I am wring to express concerns about the Trespass Ranch Subdivision, File 104 MA 24. This revised subdivision plan is improved only slightly and many of the original problems sll remain. The biggest concern I have is the selling of the riverfront lots and some of the interior lots that are being developed in areas of significant seasonal flooding from rising groundwater and some river overflow. This is simply a very poor area to develop. However, nobody seems to care what happens aer the sale and development of the lots and everyone seems to think they can engineer out all the problems mother nature throws at them. Other problems: 1. Pond: The pond needs to be lined or there needs to be a bond in place with the homeowners associaon to migate any damage/contaminaon of the surrounding wells. The pond, as of 5/12/24, is covered with a layer of green algae, so is not the best water quality. 2. Again, the Open Space designaon is a false use of the land to get the 5 acre average. If the open space 1 and open space 2 are used for the average, they need to be assigned a lot number and 2 of the currently designated lots need to be removed. 3. The use of the County Road 184 as an exit to the subdivision will not work. The road does not meet the requirements of what the county has set up in their plan. We feel that private property owners should be able to use their land appropriately, but this dense subdivision is in a terrible locaon for development. This land is beer suited for only a few homes on higher ground or agriculture use. Thank you for your me, Lisa and Greg Pachie 5/15/24, 11:55 AM LINCOLN COUNTY WYOMING Mail - Trespass Ranch Subdivision https://mail.google.com/mail/u/0/?ik=8e4afe6fc8&view=pt&search=all&permthid=thread-f:1798978564882216394&simpl=msg-f:1798978564882216394 1/1 Thomas and Kendyl Salem 143 County Road 184 Freedom, WY 83120 May 13, 2024 Office of Planning and Development 925 Sage Avenue, Kemmerer, WY 83101 Lincoln County, Wyoming Project Name Trespass Ranch Project Type: Major Subdivision Attn Office of Planning and Development We are submitting this letter in response to the proposed Trespass Ranch subdivision in Freedom, WY. We have several concerns related to our real property (including buildings, land and operating water well) which we feel need to be addressed by the Office of Planning and Development as part of their development review, #1 Subdivisions, Simple Subdivision Permit Procedure Lincoln County Land Use Regulations Chapter 4, Section 4.5 states written notices with relevant information shall be mailed or delivered to … all owners of private real property within a 300- foot radius of the proposed lots. We are not receiving written notices in accordance with this regulation. #2 Water Rights Wyo. Stat. § 41-3-101 states water being always the property of the state, rights to its use shall attach to the land for irrigation, or to such other purposes or object for which acquired in accordance with the beneficial use. Beneficial use is not a concept which is considered only at the time an appropriation is obtained and the right to the use of water for beneficial purposes depends upon prior appropriation. The concept represents a continuing obligation which must be satisfied in order for the appropriation to remain viable. The proposed subdivision has no right to the use of water for planned pond as it is a fundamentally different use from that under which appropriation was applied and granted. #3 Water Rights Wyo. Stat. § 41-3-101 states, an appropriator cannot acquire a right that permits him to use more than is reasonably necessary for beneficial purposes. The proposed subdivision has not provided adequate means to prevent water evaporation and/or water percolation to eliminate unnecessary water siphon from the Salt River. #4 Water Rights Wyo. Stat. § 41-3-1008 states the game and fish commission shall report to the water development commission the need to regulate a stream to protect the priority of an instream flow right. The proposed subdivision has not provided adequate means to eliminate impact from the intake pipeline to the planned pond and the outflow creek from the planned pond to eliminate future injury to the fisheries at these two points and the game and fish commission and the water development commission must be engaged. #5 Water Rights Wyo. Stat. § 32-1503 states water rights originating within the state, and not appurtenant to and beneficially used in connection with lands within the state and taxed with said lands, or beneficially used for other purposes within the state, shall be separately listed and assessed for taxation, at the true value thereof, at the place of origin of such water rights. As the planned pond in the proposed subdivision is a different use from that under which appropriation was applied and granted, and this use in not an inherent beneficial use with the state and the proposed subdivision should be taxed appropriately. What steps have been taken in this regard? #6 Zoning, Overlay Zones Lincoln County Land Use Regulations Chapter 1, Section 2.F for the Freedom Community Plan Area Overlay Zone states groundwater quality needs to be protected by encouraging development along existing or new central water systems and regulating the density of septic systems. The proposed subdivision has not provided adequate means to safeguard groundwater quality given the combination of floodplains and shallow water tables. Central sewer lines and central water systems must be required. #7 Water Rights Wyo. Stat. § 41-3-1008 states nothing in the act shall grant, nor shall it be construed to grant the right of ingress or egress through or upon private property to reach streams where instream flows are maintained, nor shall it operate or be so construed as to grant any right of eminent domain to acquire the right of ingress or egress through private property to any waters so maintained. Conditions for approval included on the PZC - Trespass Ranch Preliminary Plat, November 15, 2023 include water district maintenance access to the Luthi Ditch but this is insufficient. The proposed subdivision has not provided adequate right of ingress or egress through or upon private property to reach the Salt River and Luthi Ditch. #8 Development Standards, Agricultural Lands Lincoln County Land Use Regulations Chapter 6, Section 6.3 states for canals and ditches, the setback is measured from the edge of the water when full and should be 20-foot non-building easement on both sides. Conditions for approval included on the PZC - Trespass Ranch Preliminary Plat, November 15, 2023 include a one rod (16.5 feet) of either side of the ditch. The proposed subdivision has not provided adequate setback of 20-foot non-building easement on both sides. Also, the Trespass Ranch Preliminary Plat, January 23, 2024 Luthi Ditch runs adjacent to Rendezvous Court and does not appear to adhere to even the one rod setback. Is setback being enforced for this section of the ditch from the edge of the water when the ditch is full? Will Lots 6, 7, 8, 9 and 10 have driveway culverts from the edge of the water when the ditch is full? Are driveway culverts permitted? #9 Development Standards, Agricultural Lands Lincoln County Land Use Regulations Chapter 6, Section 6.3 states for pipeline shall have a 10- foot non-building easement on both sides of the centerline. The Trespass Ranch Preliminary Plat, January 23, 2024 pipeline supply to pond runs Trespass Lane does not appear to adhere to the 10-foot setback. #10 Development Standards, Buffering Lincoln County Land Use Regulations Chapter 6, Section 6.4 states buffering may be required between development of different intensities and use. Examples of adjacency situations that require buffering may include projects that propose non-residential uses next to existing residential uses. Section 6.4 also states buffering shall be required when development creates noise, glare, traffic, dust, lighting or other negative external effects. The proposed subdivision has not provided adequate buffering along our north and east property lines in accordance with this regulation. #11 Development Standards, Erosion and Sediment Control Lincoln County Land Use Regulations Chapter 6, Section 6.6 states water drainage is to be maintained without damage to surrounding properties. What are the plans for water drainage and other items of similar nature? #12 Development Notes, Equestrian Center We reserve our right to respond to the proposed Equestrian Center until such time a plan of proper substance is submitted for review and comment. #13 Development Notes, Road Easements The Trespass Ranch Preliminary Plat, January 23, 2024 Luthi Ditch requires 60-foot wide road easements. County Road 184 is approximately 30 feet wide fence to fence, and the road is closer to 20 feet wide. How will the junction from County Road 184 to Trespass Lane handle the width discrepancy? Also, what are the plans for dust control, noise control, water run-off, snow removal and other items of similar nature? #14 Development Agreement, Liability The DEVELOPMENT AGREEMENT TRESPASS RANCH SUBDIVISION FILE NO. #109-MA-23PZC contained in the Trespass Ranch Preliminary Plat, November 15, 2023 specified the 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). We respectfully request the amount be raised from one million dollars ($1,000,000.00) to ten million dollars ($10,000,000.00) to adequately cover punitive and compensatory damages in the case of an insurable event(s), including but not limited to plot flooding, groundwater contamination and groundwater diversion. #15 Miscellaneous Is the landowner properly registered with Mineral Resources of Wyoming? Thank you for the opportunity to express our concerns related to the Trespass Ranch subdivision in Freedom, WY. We want to ensure our real property (including buildings, land and operating water well) is protected as part of the development review. Respectfully, Thomas and Kendyl Thorne 143 Country Road 184, Freedom WY May 12, 2024 Lincoln County Planning and Zoning To Whom It May Concern, In regard to the changed advanced plat for the Trespass Ranch, I will present some concerns for you to consider. 1. The easement of 20 feet for the Brog ditch on Trespass Lane is not on the plat. When the development is turned over to the homeowner’s association this needs to be there for maintenance. I access this from the West through a gate. That access has now been locked. I have access through my fence, but it is only a man gate to access the water control. 2. In our meeting with the commissioners on December 6th, 2023, the fire access road was discussed to go over Salt River and out Crater Lane to Highway 89. Trespass Ranch has all the property and easements to do this. If the road is put along the South boundary, it covers the irrigation line that was fenced off by Trespass management. Half of the irrigation main line is under the fence and on the property of Trespass Ranch. The main line is old and breaks. It has been dug up every couple of years for repairs. If there is a road and ditch along the southern boundary, they will have to dig up every time the main line breaks. It is also very likely the road could be washed out when the main line breaks. When this happens, there is a huge hole and there is the potential someone could drive into it. The ROAD CROSS-SECTION FLOOD RETURN ditch is not near enough adequate to accommodate the flood waters and doesn’t go far enough to the west. It would need to be started approximately in the middle of Lot 22 and with the topography the way it is, can’t be done. If a road is allowed, there needs to be double 30” culverts installed in all the swells to accommodate the flood waters. The new Plat shows the South Road tying into County Road 184. From Carl Eggleston’s fence to my fence is 33 feet. When the road was put in, there were two houses. Now there are six. A subdivision of 25 lots needs to have a 60-foot easement if the lots are smaller than 20 acres. Grant Clark Road, currently a 18-foot wide gravel road within a 33’ easement, poses significant safety risks due to its inadequate width for the increased traffic resulting in the 25 lots having full access to it. The traffic volume increase, especially from larger vehicles like construction equipment, will tear the road up. The road was not built to handle the traffic it will get. The dust suppression put on the road once a year will not last with the added traffic. All these years the snow at the end of the cul-de-sac has been pushed into the field we have farmed for 40 years. Trespass Ranch fenced that off and there is little room now to push the snow. I have included a picture of what it was like this winter. John Baugh and Thomas Salem are about blocked off with snow. If the area of the cul-de-sac is opened up, there will be no where to put snow. County Road 184 is a one lane road during winter. Another option besides Crater Lane and County Road 184 would be to run the road along the West side of lot 21 and back down Trespass Lane, but then there is still the problem of the irrigation main line and water control systems needed to control spring runoff. 3. There are still no stipulations on the pond in Open Space No.1. If the pond is not lined, wells will be contaminated if the E.coli from Salt River is pumped into the pond that is ground water. The pond needs to be lined to protect the ground water and our wells. I would suggest that if the developer doesn’t want to line the pond, he set aside a bond of 2 million for the Homeowners Association to use for well remediation and the lining of the pond when the wells test positive for contamination. I would also mandate testing on the pond for E.coli 4 times a year and to have the results sent to all the land owners with wells within 2 miles of the pond. There should also be monitoring wells established to protect the surrounding landowners before their wells are contaminated. 4. If there is buildable area in open space No.2, why doesn’t it have a lot #? 5. There needs to be dust control on Trespass Lane on the north. Four houses are right to the side of the road. The dust last summer was horrible. Pavement or chip seal would be great. Mountain X, with a water truck on site could not keep on top of the dust with all the trucks going in and out last year. 6. Flooding. Rarely does the property not flood. The lots safe from flooding are 18-22. I have seen all the others under water. Lots 1-10 will have to coordinate their wells and septic systems because of their sizes and restrictions. Thanks for your time and consideration of these matters. If you have any questions feel free to call. Tyler Brog (307) 880-0701