HomeMy WebLinkAbout105 MA 24 Bitter Creek Ranches Staff Report
105 MA 24 BCC
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Major Subdivision Preliminary Plat Application
HEARING TIME AND DATE: 1:30 p.m., December 17, 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 # 105 MA 24
APPLICANTS: Chet A. & Bethany B. Erickson PROJECT NAME: Bitter Creek Ranches Sixth Filing COMMUNITY PLAN AREA: Upper Valley ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd.
PLANNER: Mikayla Hibbert PARCEL ID: 3219-341-00-414 ____________________________________________________________________________________
PROPOSAL: A Major Subdivision Preliminary Plat proposal to subdivide 10 +/- acres into two residential lots with an average lot size of 5 +/- acres in the Rural Zone. The two new lots share a private subdivision road, Steamboat Lane, off of Bitter Creek County Road 236. Each lot will have an
individual well and all new permits for septic systems will be engineered enhanced septic systems
permitted by a Wyoming licensed engineer through the Wyoming Department of Environmental Quality (WDEQ).
LOCATION: Located 1.8 miles west of the Town of Afton, Wyoming in T32N, R119W, Section 34. ____________________________________________________________________________________
ATTACHMENTS: 1. Preliminary Plat 2. Vicinity Map 3. Draft Development Agreement
4. Agency Correspondence 5. Previous Plats ____________________________________________________________________________________
PLANNING STAFF RECOMMENDATION:
Planning Staff recommends that the Board of County Commissioners APPROVE File # 105 MA 24, Bitter Creek Ranches Sixth Filing, a Major Subdivision Preliminary Plat, with:
• Findings of Approval A. thru C.
• Conditions of Approval 1. thru 6.
• A recommendation for the Board of County Commissioners to sign the Development Agreement.
105 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 starting from County Road 140 and ending at a 70 foot radius cul-de-sac. 4. The developer will obtain a review by the United States Postal Service (USPS) for mail delivery. The developer may need a plan for Cluster Box Units and an agreement with USPS.
The agreement may include turnout, installation placement, and snow removal. Cluster Box
Units shall be placed outside of the County Right-of-Way. The CC&R or Road Maintenance agreement shall specify how USPS fees for Cluster Box Units shall be paid for, and how the boxes shall be cleared of snow. 5. The existing small wastewater system on Lot 11 may be retained if it is pumped and has passed
inspection in the past two years.
6. The Final Plat shall be updated to include: A. The plat shall contain a note indicating if lots in the subdivision may be divided in the future. B. A Plat Warning stating that all new/replacement small wastewater systems 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. C. The plat shall be updated to show a 70 foot radius cul-de-sac at the end of the subdivision road.
D. The following Airport Safety Zone Plat Warning shall be added to the Final Plat:
WARNING: AIRCRAFT NOISE AND AIRCRAFT RELATED HAZARDS MAY EXIST WITHIN SUBDIVISION
105 MA 24 BCC
E. 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 Bitter Creek Ranches 6th Filing 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 both of the 2 lots within the Bitter Creek Ranches 6th Filing 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 Northwest District Engineer in Lander. For the proposed advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet
above the seasonally high groundwater.
After domestic well installation and prior to use, the WDEQ WQD suggests that homeowners have their well sampled for the following constituents: The National Primary Drinking Water Regulations inorganic chemicals, microorganisms,
radionuclides and the National Secondary Drinking Water Regulations contaminants. If
maximum contaminate levels are exceeded for any of the primary or the secondary contaminants it is suggested to have a Wyoming Licensed Professional Engineer design a water treatment system to reduce the contaminant levels below the maximum contaminant levels. In addition, the WQD suggests homeowners have their well tested
on a semi-regular schedule (see knowyourwell.org).
BACKGROUND:
Lincoln County Land Use Regulations states that a Major Subdivision will consist of six or more units
of land created since July 1, 2001. Although this current filing is only creating one new unit of land, the parent tract has created a total five lots since July 1, 2001. This new unit of land will be the sixth unit resulting in a Major Subdivision.
AGENCY CORRESPONDENCE: Wyoming State Engineer’s Office: Our records indicate that there may be some irrigated acres associated with the subdivision lands under the following permits: P135.0E, T1719, and P6680.0E. These
105 MA 24 BCC
acres need to be addressed per Statute (see item 8 for a summary of our findings and the processes to
address these acres).
Wyoming Department of Environmental Quality: In order to meet requirements established in
Wyoming Water Quality Rules, Chapter 23, Section 7(d)(viii)(A) (I and II) and Chapter 23, Section 7
(d)(viii)(B) individual septic systems for the Bitter Creek Ranches 6th Filing 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 both of the 2 lots within the Bitter Creek Ranches 6th Filing 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 Northwest District Engineer in Lander. For the proposed advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed
sand must be at least 6 feet above the seasonally high groundwater.
After domestic well installation and prior to use, the WDEQ WQD suggests that homeowners have their well sampled for the following constituents: The National Primary Drinking Water Regulations inorganic chemicals, microorganisms, radionuclides and the National Secondary Drinking Water
Regulations contaminants. If maximum contaminate levels are exceeded for any of the primary or the
secondary contaminants it is suggested to have a Wyoming Licensed Professional Engineer design a water treatment system to reduce the contaminant levels below the maximum contaminant levels. In addition, the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org).
Star Valley Conservation District: Due to high groundwater SVCD recommends shallow basements.
Due to high groundwater and slow water movement in this section SVCD recommends enhanced
septic systems.
Lincoln County Weed & Pest Control District: 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 2024. At that time, we will review a map of the proposed subdivision as well as
schedule an appointment to go onsite to evaluate the noxious weeds in the area. The purpose of this
visit is to ensure that a weed management plan be in place on the above mentioned property.
UV238
£¤89
Afton
01020304
30
31
292019
32
06
05
24
3533
25
34
26
36
23
27
22
28
21
31N 119W
32N
118W
31N
118W
32N 119W³±140Bar 45 Trail
LINFORD
CROW CREEKRANCH, LLC
HYDE, JORDAN
L & REIGAN M
MOUNTAIN VIEW
CHRISTIAN
MISSION
ERICKSON,CHET A &
BETHANY B
CLARK,
MATHEW
S & TATUM
GRAFEL,LYNETTE
& KENT R BROWN,SUCC CO TTEES
MORRIS,
DONALD R &JASON C
MORRIS, JASON
L & CASEY O
KOEHLER, JOHN
C & RHODA M
LINFORD,
JASON J &
ROBIN B
HORNBERGER,SHERYL
HORNBERGER,
SHERYL
BACH, GARRETT
W & MARCI L
LINFORD, LISA
A & SAMUELW TRUSTEES
Maxar, Microsoft
Major Subdivision Application
Roads
Road_Type
US Highways
WY Highways
Projects
Public Noticing
Township & Range
Sections
Municipalities
File No. 105 MA 24
Bitter Creek Ranches Sixth Filing
Chet A. and Bethany B. Erickson
Prepared using available data by Katie Gipson, on 29 Oct. 2024. Map is for informational purposes only and in no way represents an official survey of land.
105 MA 24
Page 1 of 10
DEVELOPMENT AGREEMENT
FOR BITTER CREEK RANCHES SIXTH FILING FILE NO. 105 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 Chet A. and Bethany B. Erickson hereinafter referred to as OWNER/DEVELOPER”, whose address is P.O. Box 788, Afton, Wyoming 83110. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 105 MA 24 Bitter Creek Ranches Sixth Filing to subdivide approximately
10 +/- acres into 2 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 Bitter Creek Ranches Sixth Filing; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree:
Section 1. Definitions
1.1 SUBDIVISION: The subject of this Agreement, which is designated and identified as File No. 105 MA 24 Bitter Creek Ranches Sixth Filing on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future
mention to the term SUBDIVISION. 1.2 IMPROVEMENT: Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development.
1.3 OWNER/DEVELOPER: means and refers to Chet A. and Bethany B. Erickson whose address is P.O. Box 788, Afton, Wyoming 83110, 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 10+/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A.
105 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 road with a minimum 26’ roadway width and 70’
radius cul-de-sac. The subdivision road shall meet all Lincoln County Road Standards.
2. Submit a Water Distribution Plan to the State Engineer’s Office if water rights exist on the property.
3. Install electrical power and communication lines to each identified lot.
4. Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. 5. Reseed disturbed areas to avoid weed infestation and erosion.
6. Purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Development Office. 7. Install road and stop signs after completion of improvements and final subdivision
approval (see Lincoln County Land Use Regulations 6.18).
8. Meet subdivision fencing laws per Wyoming Statute 18-5-319. 9. The existing small wastewater system on Lot 11 may be retained if it is pumped and has
passed inspection in the past two years. Verification will need to be provided before Final
Plat approval. 10. The developer shall obtain a review by the United States Postal Service (USPS) for mail delivery. The developer may need a plan for Cluster Box Units and an agreement with
USPS. The agreement may include turnout, installation placement, and snow removal.
Cluster Box Units shall be placed outside of the County Right-of-Way.
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)
105 MA 24
Page 3 of 10
years or complete Improvements within three (3) years of the date of SUBDIVISION
Preliminary Plat approval by the Lincoln County Board of County Commissioners, the preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements
and meets all of the conditions of approval set out in the Final Determination approving the
Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat shall be signed and recorded. 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
105 MA 24
Page 4 of 10
demand from the County, the OWNER/DEVELOPER shall commence the correction of the
deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Section 10. Remedies. In the event the OWNER/DEVELOPER fails to perform any of the
terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency
under this Agreement, the County, at its option, may exercise any rights and remedies it may have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation, 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.
105 MA 24
Page 5 of 10
Notices to the County shall be addressed to, or delivered at, the following address: Lincoln County Board of County Commissioners ATTN: Planning Director
Planning and Development Office
925 Sage Ave., Ste 201 Kemmerer, WY 83101
Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following
address: Chet A. and Bethany B. Erickson P.O. Box 788
Afton, Wyoming 83110
Section 16. Indemnification. A. No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or
injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s
issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County’s issuance or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees
or any third party, against damage or injury of any kind.
B. Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kind
and nature that may be asserted at any time against any such parties for injury or damage
received or sustained by any person or entity in connection with (1) the County’s review of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the
OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The
indemnification required herein shall include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Section 17. Amendments or Alterations. Any changes, omissions, modifications, revisions,
additions or amendments to this Development Agreement shall be incorporated by written
instrument, executed and signed by all parties. 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.
105 MA 24
Page 6 of 10
Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln
County Clerk. Section 20. Authority to Execute. The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been
properly authorized to do so by the Board of County Commissioners. The
OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of record of the Property or the owner’s authorized representative, (2) that it has the right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to
authorize the execution, delivery, and performance of this Agreement have been taken, and (4)
that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute, law restriction, court order, or Agreement to which the
OWNER/DEVELOPER or the subdivision is subject.
Section 21. Regulations. The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government.
Section 22. Applicable Law/Venue. The construction, interpretation, and enforcement of this
Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judicial District, Lincoln County, Wyoming.
Section 23. Insurance. OWNER/DEVELOPER shall procure, and at all times maintain, general
liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before
beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of
liability insurance to County evidencing said limit. Section 24. Entirety of Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNER/DEVELOPER and County relative
to the subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between OWNER/DEVELOPER and County, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
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
105 MA 24
Page 7 of 10
County’s failure to exercise any obligation under this Agreement will not constitute the approval
of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval, upon any of the violations of Lincoln County Land Use Regulations, or for
misrepresentations or material omissions made to the Lincoln County Planning and Engineering
Office or Board of County Commissioners. Section 26. Sovereign Immunity. The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to
law, including government immunity.
Section 27. Effective Date. This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above.
IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement.
LINCOLN COUNTY
________________________________ Date: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners
Attest:
________________________________
April Brunski Lincoln County Clerk
105 MA 24
Page 8 of 10
OWNER/DEVELOPER ________________________________ Date: ______________________
Chet A. and Bethany B. Erickson
P.O. Box 788 Afton, Wyoming 83110
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by, Chet A. and Bethany B. Erickson, this ____ day of ______________ 2024.
Witness my hand and official seal. (SEAL)
_____________________________________ Notary Public My Commission expires: ________________
105 MA 24
Page 9 of 10
EXHIBIT A
DESCRIPTION OF PROPERTY
Bitter Creek Ranches Sixth Filing 10 +/- acres within Section 34, Township 32 North, Range 119 West, in, Lincoln County, Wyoming.
105 MA 24
Page 10 of 10
EXHIBIT B
APPROVED PRELIMINARY PLAT See Attached
State Engineer’s Office
HERSCHLER BUILDING, 2 WEST
CHEYENNE, WYOMING 82002
( 307) 777-6150
MARK GORDON
GOVERNOR
BRANDON GEBHART, P.E.
STATE ENGINEER
October 9, 2024
Lincoln County Commissioners
925 Sage Ave Suite 302
Kemmerer, WY 83101
commission@lincolncountywy.gov
RE: Bitter Creek Ranches 6th Filing - WDEQ 2024-0348
Dear Commissioners:
The State Engineer’s Office/Ground Water Division received application material related to the
proposed Bitter Creek Ranches Subdivision from the Wyoming Department of Environmental
Quality, requesting information and advice to the Water Quality Division.
The proposed subdivision is to be located in the SWNE of Section 34, T32N, R119W, Lincoln
County, Wyoming. This subdivision involves subdividing Lot 7 of the original Bitter Creek
Ranches 3rd Filing and creating two 5 acre lots (Lots 11 and 12). Based upon the review of both
the subdivision application and a preliminary search of the agency’s water rights database, the
State Engineer’s Office offers the following:
Our office reviewed the referenced submittal in compliance with W.S. 18-5-306. We find that in
respect to W.S. 18-5-306(a)(xi) the subdivider needs to address the following items:
1. Our records indicate that there may be some irrigated acres associated with the subdivision
lands under the following permits: P135.0E, T1719, and P6680.0E. These acres need to be
addressed per Statute (see item 8 for a summary of our findings and the processes to
address these acres).
Additional Comments:
2. In addition, the existing well under P190379 supplies the residence within Lot 7. Our office
requests that the subdivider provide the updated legal location description including the subdivision
name and appropriate lot number for the well location, as well as the legal location description
including subdivision name and lot numbers for where the domestic use occurs.
3. An approved permit from the State Engineer’s Office is required prior to the drilling of any
water well. The procurement of the necessary and appropriate State Engineer water right
Surface Water Ground Water Board of Control
(307) 777-6475 (307) 777-6163 (307) 777-6178
1
permit allows the applicant to attempt to develop a water supply adequate to meet their
proposed needs, and is no guarantee that any water will be physically available.
4. If any new wells are proposed, they must be constructed in accordance with the State
Engineer’s Office Rules and Regulations, Part III, Water Well Minimum Construction
Standards.
5. With few exceptions, new wells must be constructed by a Wyoming licensed water well
drilling contractor, and pumps must be installed by a Wyoming licensed pump installation
contractor.
6. Any well not to be used must be properly plugged and abandoned as outlined in the above
referenced rules and regulations.
7. Any wells developed for uses that do NOT fall within the definition of domestic or stock use
require adjudication by the Board of Control.
8. The water right search revealed other existing water rights attached to the subdivision lands.
Those water rights must be addressed as outlined in Wyoming Statute 18-5-306(a)(xi). To
date, the State Engineer’s Office has not received any paperwork addressing the intended
disposition of the water rights.
Wyoming Statute 18-5-306(a)(xi):
(xi) With respect to any water rights appurtenant to lands to be subdivided in accordance
with this chapter and prior to final approval of the subdivision permit, the subdivider
shall provide the following:
(A) The intended disposition of the water rights, by:
(I) Written documentation from the state engineer or the state board of control that
the subdivider submitted to the state engineer or the state board of control all
documents necessary to voluntarily abandon the water rights, cancel any
unadjudicated permits or eliminate applicable lands from any unadjudicated
permits. The subdivider shall notify any purchasers of this action;
(II) Written documentation from the state board of control that the subdivider has
submitted to the state board of control all documents necessary to change the
use or place of use to provide for beneficial use of the water rights outside the
subdivision;
(III) A plan, accompanied by written documentation from the state engineer
approving the plan, for the distribution of the water rights appurtenant to the
land to be subdivided. The plan shall specify the distribution of the water to the
lots within the subdivision and shall include written documentation from the
2 Bitter Creek Ranches 6th Filing
state board of control that the subdivider submitted to the state board of control
all documents necessary to change the use, place of use or point of diversion or
means of conveyance in accordance with W.S. 41-3-103, 41-3-104 or
41-3-114; or
(IV) Written documentation from the state board of control that it has accepted an
authorization to detach water rights appurtenant to the lands to be subdivided
in accordance with rules and regulations promulgated by the state board of
control.
(B) If the subdivision is located within lands served by or crossed by a ditch, irrigation
works or other water conveyance system, evidence that the subdivider submitted the
plan to the public entity, company, association or appropriators responsible for the
ditch, irrigation works or other water conveyance system for review and
recommendation at least sixty (60) days prior to the submittal of the application for
the subdivision permit to the board. Upon receipt of the plan, the public entity,
company, association or appropriators shall notify the subdivider if and how the
subdivision will create a significant additional burden or risk of liability;
(C) Evidence that the subdivider will specifically state on all offers and solicitations
relative to the subdivision the subdivider's intent to comply with this paragraph and
that the subdivider does not warrant to a purchaser that the purchaser shall have any
rights to the natural flow of any stream within or adjacent to the proposed
subdivision. The subdivider shall further state that Wyoming law does not recognize
any riparian rights to the continued natural flow of a stream or river for persons
living on the banks of the stream or river;
(D) If the subdivision is located within the boundaries of an irrigation district that is
subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the
application shall include recommendations from the irrigation district regarding any
changes to the attached water rights and the irrigation district's easements. If there is
a conflict with the irrigation district's recommendations, the subdivider shall certify
that it met with and made a good faith effort to resolve any conflicts with the
irrigation district; and
(E) If the subdivision will create a significant additional burden or risk of liability to the
public entity, company, association or appropriators responsible for the ditch,
irrigation works or other water conveyance system, the subdivider shall provide an
adequate and responsible plan to reduce or eliminate the additional burden or risk of
liability and evidence that the subdivider submitted the plan to the public entity,
company, association or appropriators for review and recommendation regarding
the adequacy of the plan.
In all correspondence regarding this application, please reference “State Engineer Subdivision
Review Number 2024-33-12 ”.
3 Bitter Creek Ranches 6th Filing
If you have any questions, please feel free to contact me at (307) 777-2975, or if you prefer
email, at sue.kinsley@wyo.gov . Thank you for the opportunity to comment on the subdivision
application.
Sincerely,
Sue Kinsley
Natural Resources Analyst
TRANSMITTED VIA EMAIL
Cc: Markus Malessa, Assistant Administrator, Ground Water
Jed Rockweiler, Administrator, Surface Water Division
Cheryl Timm, Administrator, Board of Control Division
Kevin Payne, Superintendent, Water Division IV
Mike Johnson, Lead Hydrographer/Commissioner, Water Division IV, District 12
Mark Baron, P.E., Southwest District Engineer, Water Quality Division
4 Bitter Creek Ranches 6th Filing
Department of Environmental Quality
Mark Gordon, Governor
November 15, 2024
To protect, conserve, and enhance the Quality of Wyoming's
Environment for the benefit of current and future generations
Lincoln County Board of Commissioners
925 Sage Avenue, Suite 302
Kemmerer, WY 8310 l
RE: Non-Adverse Recommendation, Bitter Creek Ranches 6th Filing Subdivision,
Lincoln County, WDEQ-WQD Application# 2024-0348
Dear Commissioners:
Todd Parfitt, Director
The Wyoming Department of Environmental Quality-Water Quality Division (WDEQ-WQD) has completed the
review of the proposed Bitter Creek Ranches 6th Filing Subdivision located in SW ¼ NE ¼, Section 34, T32N,
Rl 19W, 6th P.M., in Lincoln County, Wyoming. The Bitter Creek Ranches 6th Filing Subdivision will create 2 lots
out of approximately 10 acres. The information was submitted by Ryan J. Erickson, P.E. with Sunrise Engineering,
Inc. and Christopher G. McDowell, P.G., with WWC Engineering, Inc. The information was signed by Ryan J.
Erickson, P.E., a Wyoming Licensed Professional Engineer and by Christopher G. McDowell, P.G., a Wyoming
Licensed Professional Geologist. 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 ofWDEQ-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 ofWDEQ 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 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.
1 of 4
Lander Field Office · 510 Meadowview Drive • Lander WY 82520 · !)_tt1r /ldeq.wyoming.go_.!'.! · Fax (307)332-7726
ABANDONED MINES AIR QUALITY LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY
(307) 332-5085 (307) 332-6755 (307) 332-3047 (307) 332-6924 (307) 332-3144
PROPOSED WATER SYSTEM REVIEW:
The subdivision's proposed water system will consist of individual on-site water wells. Each well must be permitted
by and constructed to the Wyoming State Engineers Office standards.
• The information submitted addresses the safety and adequacy of the proposed water systei:n.
• 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 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.
• rThe 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 Bitter Creek
Ranches 6th Filing 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 both of the 2 lots within the Bitter Creek Ranches 6th Filing 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 Northwest District Engineer in Lander. For the proposed
advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at
least 6 feet above the seasonally high groundwater.
After domestic well installation and prior to use, the WDEQ WQD suggests that homeowners have their well
sampled for the following constituents: The National Primary Drinking Water Regulations inorganic
chemicals, microorganisms, radionuclides and the National Secondary Drinking Water Regulations
contaminants. If maximum contaminate levels are exceeded for any of the primary or the secondary
contaminants it is suggested to have a Wyoming Licensed Professional Engineer design a water treatment
system to reduce the contaminant levels below the maximum contaminant levels. In addition, the WQD
suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org).
2 of 4
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 Bitter Creek Ranches 6th Filing Subdivision.
Please refer to Appendix A, Groundwater Loading Model analysis located at the end of this letter for additional
information.
Disclaimer:
The Non-Adverse recommendation provided above has nothing to do with, nor has any bearing on the water rights
associated with the Bitter Creek Ranches 6th Filing Subdivision. Any questions or concerns about the water rights
for the Bitter Creek Ranches 6th Filing Subdivision should be directed to the State Engineer's Office.
Nothing in Department of Environmental Quality recommendations or comments regarding the proposal for the
Bitter Creek Ranches 6th Filing Subdivision shall be construed to relieve Chet Erickson 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
Emailed copies:
Steven Loose, P.G.
Project Geologist
Groundwater Section, Water Quality Division
Chet Erickson, P.O. Box 788, Afton, WY 83110, chetboo@hotmail.com
Ryan Erickson, P .E., Sunrise Engineering, 770 Washington Ste. A, Afton, WY 83110, rerickson@sunrise-eng.com
Ken Kuluski, Lincoln County Planning Office, 421 Jefferson St., Ste 701, Afton, WY 83110,
planni ng@lincolncoun tywy.gov
Keenan Hendon, P.E.,WDEQ/WQD, Cheyenne, WY, keenan.bendon2(a)wvo.!!O'-'
Wesley Frain, SEO, wesley.frainl@wyo.gov
Sue Kinsley, SEO, sue.kin lev ,w. a .gov
Markus Malessa, SEO, markus.malessa@wyo.gov
3 of4
Appendix A
Ground Water Loading Analysis
Wastewater System Discharges to same aquifer that supplies a public water supply and are located within Zone l or
Zone2
• Determination= No.
Chapter 23 Appendix A
Nitrate Loading Analysis-Co
Number of Bedrooms
3 Bedrooms
4 Bedrooms
5 Bedrooms
Chapter 23 Appendix B
Consultant Analysis
3.54 mg/L
3.78 mg/L
4.03 mg/L
DEO Analysis
3.52 mg/L
3.76 mg/L
3.99 mg/L
Minimum Isolation Distance Analysis (average vertical depth to alluvial groundwater is 25 ft) -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
0.53 years
0.48 years
0.45 years
Minimum Isolation Distance Analysis to a water well (horizontal direction) -t2
DEO Analysis
0.51 years
0.46 years
0.43 years
If the calculated minimum horizontal isolation distance is less than 100 feet the default minimum
isolation distance of l 00 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:
None.
Consultant Analysis
528 feet
546 feet
557 feet
4 of 4
DEO Analysis
534 feet
551 feet
561 feet
March 20, 2024
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 Bitter Creek Ranches 6th Filing, for Chet and Bethany Erickson, Afton, Wyoming.
Due to high groundwater levels in this section SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can
fluctuate according to the amount of high-water runoff from year to year.
The Chapter 23 Water & Wastewater Study has been completed on this project. Any recommendations in the study supersede all recommendations made by the Star Valley Conservation District.
Plat Recommendations: Due to high groundwater SVCD recommends shallow basements. Due to high groundwater and slow water movement in this section SVCD recommends enhanced
septic systems.
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
UNiY WEED & PEST CONr,::, .. , co "01.0 co~'' -IN cooPERATION w1TH THE _ 'Is.,.~ , l~ WYOMING DEPARTMENT OF AGRICULTURE 'T/c.,.
"" P.O. BOX 1117
March 11, 2024
Dear Kaylynn Nield,
AFTON, WYOMING 83110
(307) 885-(WEED) 9333 • (FAX) 307-886-5211
I have received the proposal for the Chet A. Erickson and Bethany B. Erickson -Major
Subdivision-Lot 7 of Bitter Creek Ranches Subdivision 3rd Filing, Lincoln County,
Wyoming. Due to the snow duriog 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 2024. At that time, we will review a map of the proposed
subdivision as well as schedule an appointment to go onsite to evaluate the noxious
weeds in the area. The purpose of this visit is to ensure that a weed management plan be
in place on the above mentioned property.
Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a 40% cost
share discount to the landowner. We also offer A TV sprayers and 25 gallon pickup
sprayers for rent.
Please know that all of my visits to the above property as well as any consultations are at
no charge, so feel free to call me or stop by the office any time if you have any questions.
Sincerely, :
t,l~ "'-------: r
Jason Trauntvein Assistant Supervisor
Lincoln County Weed & Pest Control
307-885-9333 (WEED)