HomeMy WebLinkAbout704 MA 25 Golden Acres MP-PP Staff Report BCC704 MA 25 BCC
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT
Major Subdivision Master Plan – Preliminary Plat Application HEARING TIME AND DATE: 10:00 a.m., August 6, 2025 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 # 704 MA 25
APPLICANT: Rick Earling & Toni Earling, Trustees PROJECT NAME: Golden Acres Major Subdivision Master Plan – Preliminary Plat
COMMUNITY PLAN AREA: Upper Valley ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Elizabeth Williams
PARCEL ID: 3218-062-00-006 and 3218-063-00-006
____________________________________________________________________________________
PROPOSAL: A Major Subdivision Master Plan – Preliminary Plat application to subdivide 95.2 +/-
acres into 19 residential lots with an average lot size of 5 +/- acres in the Rural Zone. The subdivision will have a private subdivision road accessed off of South Grover County Road No. 12-190. The
developer proposes that lots will have individual wells and individual septic systems that meet current
State and County standards. The applicant proposes four phases of development.
LOCATION: Located two miles north of Afton, Wyoming in T32N, R118W, Section 6.
____________________________________________________________________________________
ATTACHMENTS:
1.Master Plan Preliminary Plat and Vicinity Map2. Agency Correspondence3. Public Comment4. Land Use Regulations regarding Wellhead Protection Zones
5. Unconfined Aquifer Image6.Image of Earling Residence7.Typical Section drawing from 602 PZ 258. Updated Grant of Easement by County Attorney
____________________________________________________________________________________
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 704 MA 25 Golden Acres Master Plan – Preliminary Plat, with:
●Findings of Approval A. thru C.
●Conditions of Approval 1. thru 8. with Planning & Zoning Commission recommendedchanges underlined and blue.
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704 MA 25 BCC
PLANNING STAFF RECOMMENDATION:
Planning Staff recommends that the Board of County Commissioners APPROVE File # 704 MA 25 Golden Acres Master Plan – Preliminary Plat, with:
●Findings of Approval A. thru C.
●Conditions of Approval 1. thru 8 with a revision to Condition of Approval 7.g. as updatedby the County Attorney’s Office.
If Condition of Approval 6. is amended to require a 4-way intersection with proper signage,
Planning Staff recommends the following additional Condition of Approval:
9. Condition of Approval 9. The developer shall provide details for the alignment of theintersection of County Roads 190, 191, the new proposed subdivision road, and the Earlingresidence on County Road 191. The intersection shall be engineered and designed by a
Wyoming licensed engineer to ensure proper alignment, sight distances, and proper signage for
each road at the cost of the developer. The developer shall provide the engineered design to thePlanning Office for review prior to improving the intersection. The developer shall pave theapproach to the County Roads to the edge of the Right-of-Way.
FINDINGS OF APPROVAL:
A.The proposed subdivision is consistent with the goals and objectives of the Lincoln CountyComprehensive Plan.B.The proposed subdivision is consistent with the standards and procedures of the Lincoln County
Land Use Regulations.
C.The proposed subdivision is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315.
CONDITIONS OF APPROVAL:
1. Compliance with agency requirements: The developer/owner shall obtain any and all County,State, and Federal permits, licenses, and other approvals for the construction and/or operation ofthe project. This may include: Local Fire District, Wyoming Department of Fire Prevention andElectrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming
Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department ofEnvironmental Quality (WDEQ), Army Corps of Engineers, Bureau of Land Management(BLM), and/or Environmental Protection Agency (EPA).2. The developer shall construct an approved paved or gravel subdivision road with a minimum
26-foot roadway width and cul-de-sacs with a 70-foot radius right-of-way and 60-foot radius
paved surface.3.Each subdivision phase will require a meeting with planning staff, a phase plat to be reviewed bythe Planning Office, other agencies, and the Board of County Commissioners to ensure there isnot an impediment to emergency services or other health, safety and welfare concerns for Lincoln
County citizens. Conditions of Approval may be added to each phase by the Planning Office
and/or Board of County Commissioners. The developer shall enter into a Development
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704 MA 25 BCC
Agreement with the County for each phase of the subdivision. The Development Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 60 days
after approval of the Preliminary Plat or the application and approval shall be voided. Lots are
not buildable until the Final Plat is recorded for each lot. 4.The developer will obtain a review by the United States Postal Service (USPS) for maildelivery. 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 theboxes shall be cleared of snow.5. The developer shall coordinate the new subdivision road accesses with the County Road andBridge Superintendent and the County Engineer to ensure drainage is addressed.
6. The existing building owned by Toni Earling on the corner of County Road 190 and County
Road 191 has a second access, on the south side of the property, that would require a 4-wayintersection with proper signage must be removed prior to Final Plat approval of any phase ofGolden Acres Subdivision. 7.The Final Plat shall be updated to include the following:
a.Depiction of Wellhead Protection Zone 2.
b.A 250 foot buffer based on the 538 foot zone radius for the Zone of Contribution forPublic Supply Well Grover #2 on the north end of Lots 1 and 18.c.Plat Warning as required by DEQ:The northern lots of the Golden Acres Subdivision are located within the calculated
Zone of Contribution for Public Supply Well Grover #2, as defined by Wyoming’s
Wellhead Protection (WHP) Program. Based on the WDEQ Groundwater Division review, the calculated capture zone radius for Grover #2 is 538 feet, according to the WDEQ Groundwater review, a 250-foot buffer will be necessary on the north end of Lots 1 and 18 or enhanced treatment will be required within the Zone of
Contribution of the Public Water Supply well. This increase of 100 feet accounts
for the difference between the WDEQ's calculated capture radius for Grover #2 and the radius that was determined in the Golden Acres Subdivision application of 413 feet.
In addition to this buffer, enhanced treatment is required for all absorption systems
located within the WHP defined Attenuation Zone (Zone 2) of Grover #2. Lots falling completely or partially within this zone include: 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 15, and 18. The boundaries of Public Water Supply protection zones can be obtained from the Wyoming Department of Environmental Quality Water Quality Division or
the appropriate county planning office and must be consulted during the planning and
design of any absorption system to determine whether enhanced treatment is required. d.Plat Warning as required by Lincoln County Planning Staff:Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 18 may fall within the Zone 2 Wellhead Protection Area and if so, they shall provide additional treatment and
obtain an individual permit to construct from Wyoming Department of Environmental
Quality and will require that a PE sign, stamp, and date the application. The treatment system shall be designed to reduce the nitrates to less than 10 mg/L of NO3- as N and
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704 MA 25 BCC
provide 4-log removal of pathogens before the discharge leaves the property boundary of each small wastewater system.
e.The cross section depicted on the Preliminary Final Plat shall be updated as shown in the
Typical Section drawing if File # 602 PZ 25 is adopted in the Land Use Regulations.f.The plat shall contain a note indicating if lots in the subdivision may be divided in thefuture.g. The following Grant of Easements shall be added to the plat:
The owners and proprietors have laid out and surveyed as ______________ Subdivision, and
with the specific intent to do so, do hereby grant and convey to Lincoln County for the public
use forever an easement over the roads as are laid out and designated on this plat.
They do also create perpetual easements for the installation and maintenance of utilities and for
irrigation and drainage facilities as are laid out and designated on this plat.
Easements designated for future connectivity become vested upon actual development of the adjoining parcel as evidenced by its approved preliminary subdivision plat and cannot be utilized as primary access to the subdivision.
The road easement in no way obligates the Lincoln County Commissioners to maintain such
roads nor does it relieve the developer of the obligation to construct or maintain such road or roads according to the requirements of the Lincoln County Subdivision Regulations.
Witness our hands and seals this day of____________, 20___.
Lien holder, Owner(s), Mortgagee (Signature(s) shall be notarized) 8. Prior to final plat, the developer shall provide evidence of submission to the State Engineer’sOffice of water rights disposition.
BACKGROUND:
The Planning & Zoning Commission (PZC) recommended two of the changes staff requested:
Condition of Approval 2 replacing “paved” with “paved or gravel” for the subdivision road. (Roads in
the Rural Zone that serve under 40 lots do not require paving in the Lincoln County Land Use Regulations.)
Condition of Approval 7 changing “Final” plat to “Preliminary” plat for the cross section.
The PZC board did not make a motion to update 7.g. which is the County Attorney’s updated “Grant of Easements” though they discussed it in the meeting and stated they had no objection to updating it.
The PZC also recommended changing Condition of Approval # 6 to become a 4-way intersection with
the Earling’s driveway being the 4th leg of the intersection. Planning Staff recommends Condition of
Approval 9 if the intersection is changed to become a 4-way intersection.
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704 MA 25 BCC
For water and septic, Planning Staff reached out to the Wyoming Department of Environmental Quality (DEQ) regarding clarification of the Plat Warning from the Non-Adverse Finding. Adam Keifenheim,
DEQ’s new Southwest Wyoming District Engineer, indicated that he will be revising the notes to be
added to the final plat to simplify them. This is currently in review within DEQ and hopefully will be available prior to August 6th. If Adam’s revised letter is not re-issued by August 6, Planning Staff may ask for this project to be tabled to the September 3rd BCC meeting.
The reason for needed clarification for plat warnings is that much of this subdivision is within the
Wellhead Protection Zone 2, and all of it overlies an unconfined Class I groundwater. (Class I groundwater is suitable for domestic use, while Class II is suitable for agriculture and Class III is fit for livestock.) While the Department of Environmental Quality’s Plat Warning requires enhanced treatment, Lincoln County has adopted in the Land Use Regulations Appendix E the State of Wyoming’s Chapter
25 Small Wastewater Design Standards which requires a Professional Engineer sign, stamp and date the
application for an engineered enhanced treatment for Wellhead Protection Zones which will reduce nitrates and removes pathogens. It reads on page 25-8 of Appendix E: “Small wastewater systems that discharge to the same aquifer that supplies a public water
supply well and are located within Zone 1 or 2 (Attenuation) of the public water supply well, as
determined by Wyoming Department of Environmental Quality Source Water Assessment Project
(2004) or as established in Section 2 of the Wyoming Wellhead Protection Guidance Document (1997), shall provide additional treatment. These systems will be required to obtain an individual permit to construct and will require that a PE sign, stamp, and date the application,
as stated in Section 2 of this chapter. The additional treatment shall be in accordance with
Chapter 3 Section 2(b)(ii). The treatment system shall be designed to reduce the nitrates to less
than 10 mg/L of NO3- as N and provide 4-log removal of pathogens before the discharge leaves the property boundary of each small wastewater system.”
The Planning Office added the additional plat warning for lots within the wellhead protection zone.
Lincoln County’s Land Use Regulations 6.27.B. (Chapter 6 page 28) also requires site plans, maps or plats to indicate the location of community water sources and wellhead or source water protection areas. This Master Plan—Preliminary Plat has four proposed phases with a tentative schedule as follows:
Phase I Lots 1-6 (2025)
Phase II Lots 7-9 (2030) Phase III Lots 10-17 (2035) Phase IV Lots 18-19 (2040)
AGENCY CORRESPONDENCE: County Engineer: I want to ensure that the construction of the new subdivision road facilitates the creation of a proper T-intersection at this junction. This verification may require coordination with the Road & Bridge department, as it's important to prevent potential drainage issues and complications
with snow plowing. State Engineer's Office: The State Engineer’s Office has reviewed the subdivision application and conducted a preliminary examination of the agency’s water rights database. Based on this review and
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704 MA 25 BCC
W.S. 18-5-306, we have determined that there are potential irrigated acres associated with the subdivision lands under permits P124.0E, P809.0E, P110.0E and T98. These irrigated acres must be
addressed per Statute. The subdivider is legally obligated to address these irrigated acres and take the
necessary actions to ensure compliance with W.S. 18-5-306(a)(xi). As of the date of this correspondence,
The State Engineer’s Office has NOT received documentation regarding the water rights disposition (W.S. 18-5-306(a)(xi)(A)).
Wyoming Department of Environmental Quality (DEQ): The subdivision 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, provided the statements indicated in the “Notes required to be added to the final plat” are adhered to.
NOTES REQUIRED TO BE ADDED TO THE FINAL PLAT:
The northern lots of the Golden Acres Subdivision are located within the calculated Zone of Contribution for Public Supply Well Grover #2, as defined by Wyoming’s Wellhead
Protection (WHP) Program. Based on the WDEQ Groundwater Division review, the
calculated capture zone radius for Grover #2 is 538 feet, according to the WDEQ
Groundwater review, a 250-foot buffer will be necessary on the north end of Lots 1 and 18 or enhanced treatment will be required within the Zone of Contribution of the Public Water Supply well. This increase of 100 feet accounts for the difference between the
WDEQ's calculated capture radius for Grover #2 and the radius that was determined in the
Golden Acres Subdivision application of 413 feet.
In addition to this buffer, enhanced treatment is required for all absorption systems located within the WHP defined Attenuation Zone (Zone 2) of Grover #2. Lots falling completely or
partially within this zone include: 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 15, and 18. The
boundaries of Public Water Supply protection zones can be obtained from the Wyoming
Department of Environmental Quality Water Quality Division or the appropriate county planning office and must be consulted during the planning and design of any absorption system to determine whether enhanced treatment is required.
Grover Water & Sewer District: Grover Water & Sewer has a moratorium on any new connections to our water system due to our system having more connections currently than it was designed for.
PUBIC CORRESPONDENCE: (Attached)
6
7
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GOILDEN ACRE§ §UJBDJIVJI§JION
STA PC 895+35.5 SO'R
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GROVER
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Toni Etiriing
1130 PR 485
NOT PART OF SUBDIVISION
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c..'!1.4),~ii!f!W'Z'~ 66:9.-19,,_' __ --1·.--x--......:SB;;::;::Y~Wl;::;:__:,rJl/~~~5.::,='2.:.:7.;a;,09~~----(i, ..... ~' BEGINNING _)-'-Twent (20') foot \ JJ!J.M' h " , r =7.09 !:!! Twent (20') foot '-' <cana easement ':.. ..
\ \ ~ ~ 6000' 6000' ill canaf easement '-~\ ,,-: ~-
\ \ !'< 1!J W_yatt EaOlng & 1'~~-, , ::l "
\·:)•·~._, ~l'l~ I~~-Eh~~~•irR 'f4ii"9 ~ ~ "> , , '...._ 'l ~ Lot 19 \ ' " 1-I !,li ~ Lot 18 '-':"_-:-'--"i 5.51:1:Aaes \ J:ll I:,:,~ ~• I !)j " •-....~ '
1":::~-lt' \ ;, lf!il"' Lot 1 ._ "i 6.08:tAcn,s '-....:,~'-(5.49±Ac)
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"-!!) ::..;I ·'. I ~ ~ ':?..\. 59.80' ~~-691.80' -~== ' h r we ecsement l 567.!J'
~"· .,~ , .·· \;;,··...... o liil2"'-97 t'f..8.9¥1__'04 W 6fltPlf!fNXE5 __ ~ J-oo· ,,,, · .·:-~', IJ/6.59' N • C/6' 6'02.J.2' ,;:,:) ~ eas~~ ~ /'~ \
620.7-1• oo.J5' S 7'2Ja?:rT --~· \ I
992. 9::t Lot 6 1:.. ~ r~~~r lt~~~~~t.--'J, ... 1
l See Detail
Twent{ (20') foot cona easement
Wyatt Earllog
1130 PR 477
Twentr (20') foot cana easement
Lot2
6. 77:J:Aaes
(6.ll±Ac)
6-16.JO'
N8.9:29'IJ-W 71!1.4:i-
1ow1oz--12.05'
5 03:tActm ~ ~ 1~ Lot 7 /!/)I
(4.J5±Ac) , ~ ~~ 4.56zAcn,s (j~/ ~ ~ ( 4.34±Ac) / ,' / ill f-_ Twentr (20') foot
:kl.00' 5.91-..95• / cona easement 6'6'1.62'
!Jlo.58' · f ~ ll\ ~ ~ -~~ \ l I Lot 8 Lots
5.03:tActm ~I~ I~~ \ ;)' I 4.56zAcn,s ~ (4.81±Ac) I ill / (4.J4±Ac)
\ <S Twentr (20') foot / Lrwenty (20') foot ~ cana easement--1 , / canal easement
' 6.91.-,s• .kloo· 5.95.u' I : Lot 3 N89:26''55"W ' 6. :tAcnls I IJ/6.5.9 \ ~I Twent{ (20') foot .->PO<c,, 77' ilt: -1 ,, (.5.49±Ac) r ~ I \ •. cono easement , M~ .; ~ ,\
'-, '-\ '~:-:· s:'i ~ -Lot4 ~ll~ N~ \-~I Lot9
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CURVETABLB
LINE LENGTH DELTA
C1 142.37' 31 ·22'23"
C2 70.26' 15'28'58"
C3 113.47' 36"07'05"
C4 348.17' 44'58'24"
cs 152.42' 33"35'17"
C6 46.78' 89"20'13"
C7 47.47' 90'39'47"
CB 46.96' 89"41'26"
C9 30.22' 19"14'15"
C10 110.56' 70"23'02"
C11 46.93" 89"37'17"'
C12 174.87' 143'07' 48"
C13 27.82' 53"07'48"
C14 27.82' 53'07' 48"
C15 64.26" 52"35'53"
C16 110.60' 90"31'33"
C17 109.31" 89'28'27"
C18 65.56' 53"39'44"
C19 27.82' 53'07'48"
C20 79.60' 65"09'19"
C21 31.00" 25"22'14"
C22 31.01' 25'23'00"
C23 78.30' 64"05'27"
C24 67.76' 55'27'38"
C25 107.11' 87"40'11"
PHAS'ING SCHEDULE
Phase I-Lots 1-6
Phase II-Lots 7-9
Phase Ill-Lots 10-17
Phase IV-Lots 18-19
2025
2030
2035
2040
RADIUS CHORD BEARING
260.00' N15"43"05"W
260.00· N39"08' 45"W
180.00' N28"49"42"W
443.56' N33"15'22"W
260.00' N72"32'12"W
30.00' 544"39'44"E
30.00' N45"20'16"E
30.00' N44"50'21 "W
90.00' N80"03"56"W
90.00' S35"15'18'"E
30.00' N44"52'25"W
70.00' 518"25' 43"E
30.00' 526"34'17"W
30.00' 526"33'32"E
70.00' N26"49"29"W
70.00' N44"44'13"E
70.00' 545"15'47"E
70.00' S26i8'19"W
30.00' N26"34'17"E
70.00' S32"03"06"W
70.00' 577"18'53"W
70.00' N77"18'30"W
70.00' N32"34'17"W
70.00' N62"15' 49"W
70.00' N09"18'06"E
The phasin9 schedule is only a general guideline of the
proposed timing of this development. The actual timing
of each phase, the number of lots per phase and the
number of phases will be dependent on market conditions.
The developer has the right to adjust the phasing schedule.
DetailC
Not to Scale
x-.-· --··---
CHORD
140.59'
70.05'
111.60'
339.30'
150.24'
42.18'
42.67'
42.31'
30.08'
103.74'
42.29'
132.82'
26.83'
26.83'
62.03'
99.45'
98.54'
63.19'
26.83'
75.38'
30.74'
30.76'
74.28'
65.14'
96.96'
~-~~·-•=~!•==x~
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Leslie Richa:rcl Sci:don
and
Ka.y Ann Sru:ton
Living 7'n&st
dated 13 October 2022 1074 PR 552
1076 PR 72
Werner Lee Albrecht &
Peg{l'.Y Jean Albrecht, trustees u,o k Peggy Albncht
Family TruBt, dated J11na.uary t, 2011
844 PR 411
1'6"1.er LBe Albrecht &: Peggy Jea.n Albncht, trustees
Toe k Peggy Albn,cht
Fa.mily Tnat, da.CINJ. Ja.T1.a1ua:ry 1, 2011
761 PR 787
Keith Jensen and
Nadine Jensen
455 PR 744
rn=:::i:==-::-:-·.:..::==::;:::~---~NM/~M/4 s 1/16: I 1o S89~700Z-SM/4SWl/4
s.11s.s ,
~:i ~
o' 200' 400' 600' ------SCALE.· I» = 200'
CONTOUR /NlERVAL -
PLOT DA TE: 10 April 2025
,,
IJ/7.72'
Keith Jen.srn.
108 PR 66
~ . . ~ (4.J2±Ac) Twentr (20') foot....;,._~\ ~ Qi
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S89rN'J7'W
66.00
5.95.J?'
(4.32±Ac)
N89'52'21 "E'
5.95.50'
~-~Twentr (20') foot can a easement
.kl.00'
J0.00'
I
.kJ.00'
I I
56'6. OJ' \. , :.. _x
Twentr (20') foot~~'...._ :J--+--cana easement '\.. ~ ~ ...
Lot 13 "· .. , ::: Ill
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(4.28±Ac) ~: i7
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~~ l) Lot14 ~~ ,.
~ SEE 4.98zAcrea DETAIL 'B' (4.22±Ac) , ......... .. ........
Qi Qi
-1 liil.
IJ22.0J'
Twentr (20') foot '>•-¥~-.,·c\~ /Y" ~(7 I can a easement . _.. , f:f j: ~ ~ ! ! Lot 16 ...... i[~~[~ ..... : 4~ ½r~ f
~ f f 4.54:l-Acres ~, ~ l5,~ (4.39±Ac) / ,. , ~ ~ t ,!
1
1 (4.45±Ac) 1 I , ( ') l!' ., -, ....; Reserved tor ~ Twentr 20 foot:.._~{,l.-',1· 'fx..._
future road tr; 00' cona e;;;mo:,~t j ~ . ~i,f;~ 5!~nis
I I '95.8~' o,s/ey Plat s. '04'J7 W IJ22. 44' · : /1,,"-889241
--~N£1=L/4SWl/4 '-SOOVt:?:n-...
N89'47'00"W 131Z74' SEl/4SWl.~/4c'----[;] 67.29' CSl/16:
R+7o' 626.J7
'
DEI'AILB SURVEY REFERENCE PLATS ( ....................... I~~ S .. ~ .......................... ;
: Lot 15 J ~ 1l ~Q,,_, Lot 14 :
: ff/ ~ \i :
7a ?aOO' \
"'C''b ~ ${ ~I", "\ %rC
c29 c_ie,.. <> Lot 17 Lot 16 ,..
: I I ;
• Reserved fi~ l : '·. future roo : ·----------------------------- -----------------------------··
SCALE: 1" = 100'
"BETH HEMMERT PLAT OF FAMILY EXEMPT TRACT
WITHIN THE N1/2SW1/4 SECTION 6 T32N R11BW
LINCOLN COUNTY, WYOMING", dated 20 May 2008,
filed In the Office of the Clerk of Lincoln County
with Accession No. 957162.
-ADVANCE PLAT-
susJEcT TO CORRECTION AND APPROVAL
X
\\. \J Golde, Ac,es ~: =
] Subdivision :' ~~ 16_. . '="' ~--. : =.~
· ... ~--~ . ~
... -.•• g.. -••. -. ---. -.. -~
PLAT WARNINGS
1.
2.
3.
4.
5.
6.
7.
8.
9.
INSTREAM FLOW AND RIPARIAN RIGHTS
The seller does not warrant to a purchaser that the
purchaser has any rights to the natural flow of any
stream within or adjacent to the proposed subdivision.
The State of Wyoming does not recognize any riparian
rights to the continued natural flow of a stream or
river for persons living on the banks of a stream or
river (W.S. 18-5-306, 2024).
LACK OF CENTRAL SEWER
NO PROPOSED CENTRALIZED SEWER SYSTEM
(W.S. 18-5-306, 2024). Lot owners shall be responsible
for building their own small wastewater disposal systems
which meel state and county standards.
LACK OF CENTRAL WATER SYSTEM
NO PROPOSED CENTRALIZED WATER SYSTEM (W.S. 18-5-306, 2024). Lot owners shall be responsible
for building their own wells which meet state standards.
LACK OF COUNTY ROAD MAINTENANCE
NO PUBLIC MAINTENANCE OF STREETS OR ROADS
(W.S. 18-5-306, 2024). Plat acceptance does not
constitute acceptance of roadways as county roads.
Access may be difficult In winter months.
LACK OF SOLID WASTE SERVICE
Solid waste haulage service not proposed. Lot owners
shall be responsible for hauling their own solid waste.
FIRE RESPONSE
On-site fire-fighting facilities are not proposed.
EXISTING AGRICULTURAL OPERATION
Warning: There are existing agricultural operations
adjacent to this subdivision and agricultural related
nuisances may exist with the subdivision. Should
lands adjacent to this subdivision be removed from
agricultural use the 25 foot residential non-building
buffer will no longer be in effect and normal setback
standards shall be applied. The existing agricultural
operations are protected by W.S. 11-44-103, 2024.
SPLIT ESTATE
Warning: Lots In this subdivision may be used for the
exploration and/or development of minerals.
ACTIVE EARTHQUAKE FAULT
The property has an Identified octlve earthquake fault
line as determined by the Wyoming Geological Survey.
Development activities In these Identified areas are
encouraged to be done under consultation of a qualified
engineer.
.PA.?'£-17 January 2025
.P./UT,V .if.' Clint A Phillips
C,1-Mf'.4'.P .if.' Scott A. Scherbel
CAf'.41WHJ?R7.i7:' SD /Golden Acres
SZJ.R VEYO.R Sc~RBBT-:#
~OVAL LAND .SVl?J£YCWS
.L2L>.
,r/,f'£.P ~A" ______________ _
Cl7..VA7?'.4'H ,r/£,f-Golden Acres PP MP rev bdry.pro
TANGENT
LOCATION
T32N
MAP
RllBW
73.02" SCALE: I• = 1000'
35.34'
58.69"
183.61'
78.47'
29.65'
30.35'
29.84'
15.25'
63.47'
29.80'
210.00·
15.00"
15.00'
34.59"
70.65'
69.36'
35.41'
15.00'
44.73'
15.76'
15.76'
43.82"
36.80'
67.21'
I
I
~ I OI -.,
~ I~ w •
CD 1-§.
w ::i:
;21 0
en I =>
w
01 0
I I "' 01 bl
0 z
CERTIFICATE OF OWNERS
STATE OF WYOMING l ss.
COUNTY OF LINCOLN
-1--4-
6
The undersigned hereby certify that the division of the S1 /2S1 /2 of GLO Lot 1
and the 51/2NW1/4 and the NE1/4SW1/4 of Section 6, T.l2N R118W as shown
hereon and more partlculorly described under the Certificate of Surveyor, Is with
the free consent and is In accordance with the desires of the undersigned owners
and proprietors;
that the name of the subdivision shell be OOLDBN ACRBS SUBDIVJSION;
that Golden Acres Loop and Anderson Lone are private roads with a perpetual
non-exclusive right of ingress, egress and utilities granted to each lot owner of
this subdivision over, under and across said roads;
that the undersigned owner hereby reserves a perpetual right of ingress, egress
and utllltles over, under and across the above listed private roads In order to
provide a perpetual access and all utilities to the adjoining lands of the undersigned
and to whatever lands said owner may designate;
that the easements shown hereon identical with Golden Acres Loop and Anderson Lane
and o ten (10) foot strip along the sides and rear of each lot are hereby granted to
all utility companies, their heirs, successors and assigns, Including, but not limited to,
Lower Valley Energy and Sliver Star Communications, for the underground Installation
and maintenance of all utilities including, but not limited to, water, sewer, power,
telephone. coble television, gas, stormwater drainage and irrigation facilities appurtenant
to this subdivision and appurtenant to the adjoining lands of the undersigned;
that a shared driveway easement as labeled and shown hereon across the southwest
portion of Lot 19 and the northwest portion of Lot 7 Is hereby granted to the owners
of said Lots 7 and 19;
that the adjudicated water rights of record are to be retained subject to that irrigation
plan of record in the Office of the Wyoming State Engineer;
that all rights under and by virtue of the Homestead Exemption Laws of the State of
Wyoming are hereby released.
Rick Earling and Toni Earling Family Trust, dated 28 June 1990
Rick Earling, Trustee Toni Earling, Trustee
The foregoing Instrument was acknowledged before me by Rick Earling and Toni
Earling Trustees Rick Earling and Toni Earling Family Trust, dated 28 June 1990
of the on thls_day of ____ 2025.
Witness my hand and official seal.
Notary Public My Commission expires:
-3-
CERTIFICATE OF SURVEYOR
STATE OF WYOMING l ss.
COUNTY OF LINCOLN
I, Karl F. Scherbel, of Afton, Wyoming, hereby certify that this plat
was made from notes taken during an actual survey made by persons
under my supervision during Fall 2023 and from records in the Office
of the Clerk of Lincoln County and that It correctly represents
CJOLDBN ACRBS SUBDIVISlON;
that the boundary of the subdivision Is:
That part of the S1/2NW1 /4 and the NE1/4SW1/4 of Section 6,
T32N R118W, Lincoln Coun{l, Wyoming, being part of that tract
of record In said Office In Book 287 of Photostatic Records on
page 130 and Book 167 on page 554, described as follows:
BEGINNING at the northwest corner of the SE1 /4NW1 /4 of said
Section 6;
thence S89'-48'-08"E, 1316.60 feet, along the north line of said
SE1/4NW1/4 to the northeast point thereof;
thence S00"-01'-21"E, 43.57 feet, along the west line of GLO
Lot 4, to a point Identical with the northwest corner of the
SW1/4NE1/4 of said Section 6;
thence S00'-01'-21"E, 1297.21 feet, along the west line of said
SW1/4NE1/4 to the southwest comer thereof, Identical with the
northeast comer of said NE1/4SW1/4 of said Section 6;
thence S00'-01'-27"E, 265.64 feet, olong the east line of said
NE1/4SW1/4 to a point;
thence NB9'-24'-06"E, 70.59
thence S00'-01'-24"E, 972.36
thence S89'-04'-37"W, 40.17
feet, to a point;
feet, to a point;
feet, to a poln t;
thence continuing S89"-04'-37"W, 1282.27 feet, to a point;
thence N00'-01'-4B"E, 1273.17 feet, to a point on the south line
of sold SE1/4NW1/4;
thence NB9'-19'-50"W, 66.00 feet along said south line to the
southwest corner thereof;
thence continuing NB9'-19'-50"W, 336.06 feet more or less, along
south line of the SW1/4NW1/4 to a position on the centerline of
North (Grover) Canal;
the
thence northwesterly, 1110 feet more or less, along said centerline to a
position;
thence S89'-38'-39"E, 364.14 feet more or less, to a point;
thence N00'-11'-52"E, 419.57 feet, to a point on the southerly
right-of-way line of South Grover County Road 12-190;
thence S89'-48'-08"E, 627.09 feet, along said right-of-way line to
a point on the west line of said SE1/4NW1/4;
thence N00'-01'-37"W, 66.00 feet along said west line to the CORNER
OF BEGINNING;
The foregoing Instrument was acknowledged before me by Karl F. Scherbel, thls_day of ____ 2025.
Witness my hand and official seal.
Notary Public My Commission expires:
•
8
liil
LEGEND
indicates a Corner Record filed or to be filed in the
Office of the Clerk of Lincoln County.
indicates a 111 iron pipe with yellow plastic cap marked,
"PE/LS 698", found.
indicates a 5/8" x 24" steel reinforcing rod with an
aluminum cap Inscribed: "SURVEYOR SCHERBEL LTD",
and other details, found or set this survey.
---··-----
indicates a calculated position, nothing found or set.
indicates right-of-way line of a highway or road.
indicates approximate location of a ditch bank.
indicates an existing deed line of record. CERTIFICATE OF APPROVAL
STATE OF WYOMING l ss.
COUNTY OF LINCOLN
Pursuant to Sections 34-12-102 and 34-12-103 and Sections 18-5-301
through 18-5-315, Wyoming Statutes 2024, as emended, GOLDBNACRBS
SUBDlVISIONwas approved at the regular meeting of the Board of County Commissioners held on this-day of ____ 2025.
Subject to the provisions of a resolution and amendments thereto, for the
approval of subdivision and townslte plats as adopted on 4 May 2005, as
amended. Plat approval does not constitute acceptance of streets and/or
roadways as County roads. Designation of County Roods Is only accomplished
by compliance with provisions of Section 24--3-101, Wyoming Statutes 2024,
as amended.
Board of County Commissioners
County of Lincoln
Kent Connelly, Chairman
Attest:
Melvin W Shumway, Commissioner
April Brunski, Clerk Teri Bowers, Commissioner
CERTIFICATE OF RBCORDATION
This plot was flied for record In the Office of the Clerk of Lincoln County on this_ day of ____ 2025.
April Brunski, Clerk
4 10 2025-CAP: Edit c o
4 8 2025-CAP: Edit canal text
3/28/2025-CAP: Edit misc. text
3/25/2025-CAP: Edit per JD review
1 /29/2025-CAP: Edit per SAS review
Alff,(!'~• Cop)"lght @ 202!5 by Surve)Or Scherbel, Ltd.
Indicates a canal easement.
indicates non-buildable area with greater than 30,:; slope.
The Base Bearing for this survey is the west line of
the SW1/4 of Section 6, T32N R118W, being
N00'05'00"E.
Along the roads where only one of the three lines is
labeled with bearing and distance, the other two lines
have the same bearing as the line that is labeled.
OWNERS: SURVEYOR: LAND USB TABLB:
Rick Earling and Toni Earling Family Trust,
dated 28 June 1990
Surveyor Scherbel, Ltd. P.O. Box 725 Total Number of Lots:
Average Lat Size:
19
5.14± Acres 97.61± Acres Residential
Rural Box B
Afton, Wyoming 83110
( 307) 885-9319 Tatel Acres:
Use of Lots:
Grover, Wyoming 83122 Zoning:
Ccnal Setbccks: 50' west of and 20' east of high
wcter line DATB: March 2025
BNGINBBR;
Sunrise Engineering, Inc.
770 S. Washington St., Suite A Afton, Wyoming 83110 (307) 885-8500
MASTERPLAN
PREl,TMINARY PLAT
GOT.DEN ACRES SUBDNISION
WITHIN
S1/2NW1/4 AND NE1/4SW1/4
SECTION 6
T32N R118W
LINCOLN COUNTY, WYOMING
All rl,ghts raurved. 7
£¤89
Afton 17
07
06
08
18
05
15
03 01
12
02
13
1110
14
34
33
31
32
33N
119W
32N 118W32N 119W
33N 118W ³±172
³±191s³±191s³±190³±191s
Broken Bit LaneJensen Drive
Outfitters Road
£¤89FROME,
JOHN TRUSTEE
RICHINS, BOYDW.& MAUREEN
IZATT,
WADE&LONAJONES, DAVID J SIMS,
JEFFREY J&MARTHA D
TURNER,
FAYE,TRUSTEE
JENSEN,
JAKE V &CHRISTINA L
LANCASTER, PAMELA S
PETERSON,
HANS &
KIMBERLY
FROME, JOHN
TRUSTEE
JOHNSEN &ALLPHIN
PROPERTIES LLC
E A M A S
REVOCABLETRUST
EARLING, TONI
GROVER
WATER & SEWER
DISTRICTASTLE, GARY W& BECKY ASTLE
HEPWORTH,
THOMAS A
WILKES,GREGG R
TRUSTEE
GRIFFETH,
BETTINATRUSTEE
BAXTER,
TRUCKEE
EARLING,
WYATT
HILLYARD,
DOUGLAS B.&LONDA A.
MOFFITT, DAVID C &BONNIE J TRUSTEES
ALBRECHT, WERNER L
& PEGGY J TRUSTEES
JENSEN,
BRETT &SUSAN R
EARLING,
RICK & TONITRUSTEES
EARLING,
RICK & TONITRUSTEES
EARLING, RICK
& TONITRUSTEES
JENSEN,LARRY C
TRUSTEEHORSLEY,KATHRYN C
JENSEN,
JEFFERY K &LAURA F
JENSEN,
JEFFREY K
MERRITT, VON K
& SAUNDRAJ TRUSTEESSIMS,JEFFREY J
& MARTHA D
FULLMER, KELLY
G & GINA J
EARLING,
RICK & TONI
TRUSTEES
EARLING,
WYATT
HARTMAN,
NEVADA N
EARLING,
RICK & TONI
TRUSTEES
ALBRECHT, WERNER L
& PEGGY J TRUSTEES
SAXTON, LESLIE
R & KAY ANN
J TRUSTEES
GROVER
CEMETERYDISTRICT
JENSEN,
JEREMIAH
HORSLEY,KATHRYN C
JENSEN, BRETT
EARLING, WYATT
EARLING,
WYATT
EARLING,
WYATT
SUTER, JEAN
GARDNER,WILLIAM J
SPANN,LINDA J
JENSEN,
NADINE
JENSEN,
NADINE
NELSON, RANDY
R TRUSTEE
HUTCHINGS, BRETL & JEANA L
TRUSTEES
LABENNE,JESSE
JENSEN,TIMOTHY
LOVELAND,
SUSAN
ASTLE
JAYLEE
SPENDTHRIFTTRUST
TUELLER, GORDON
M & MARGARET
A FAM TRUST
HEBDON,
DEIRDREE & KADE K
GROVER
COMMUNITYDEV.INC.
THURMAN, STANLEY R& MARCIA TRUSTEES
LONG,
KIT R& SHERRI L
TAYLOR,
MELANIE
TRUSTEE
TAYLOR, MELANIE
TRUSTEE
THURMAN, STANLEY
R & MARCIA TRUSTEES
LONG,KIT R
& SHERRI L
VERCIMAK,ROBYN J
JAYLEESPENDTHRIFT
TRUST
Maxar
Major Subdivision Master Plan - Preliminary Plat
Roads
Road_Type
US Highways
WY Highways
Projects
Public Noticing
Township & Range
Sections
Municipalities
File No. 704 MA 25
Golden Acres Subdivision Master
Plan - Preliminary Plat
Rick and Toni Earling, Trustees
Prepared using available data by Katie Gipson, on 26 June 2025. Map is for informational purposes only and in no way represents an official survey of land.
8
200 West 17th Street, Cheyenne, WY 82002 · https://deq.wyoming.gov · Fax (307) 635-1784
ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY(307) 777-7937 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781
Department of Environmental Quality
To protect, conserve, and enhance the quality of Wyoming’s
environment for the benefit of current and future generations
Mark Gordon, Governor Todd Parfitt, Director
June 30, 2025
Lincoln County Board of Commissioners
925 Sage Ave., Suite 302
Kemmerer, WY 83101
RE:Non-Adverse Recommendation,
Golden Acres Subdivision, Lincoln County
WDEQ-WQD Application #2025-0134
Dear Commissioners:
The Wyoming Department of Environmental Quality - Water Quality Division (WDEQ-WQD) has completed a review
of the proposed Golden Acres Subdivision located in Lincoln County, Wyoming. The subdivision will create 19 lots
out of approximately 98 acres. The information was submitted by Rick Earling, Trustee, Earling Family Trust, and was
signed by Ryan Erickson, PE a Wyoming Licensed Engineer, and Bern Hinkley, P.G, a Wyoming Licensed 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 consisted 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
results 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 system consists of individual on-site septic tanks and leach fields constructed to standards
established in WDEQ Water Quality Rules (WQR) and standards established by the Lincoln County Environmental
Health Department.
•The information submitted addresses the safety and adequacy of the proposed sewage system.
9
200 West 17th Street, Cheyenne, WY 82002 · https://deq.wyoming.gov · Fax (307) 635-1784
ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY(307) 777-7937 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781
PROPOSED WATER SYSTEM REVIEW:
The subdivision’s proposed water system consists of individual on-lot water supply wells. 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.
PROPOSED SEWAGE SYSTEM GROUNDWATER REVIEW:
The proposed sewage system consists of individual on-site septic tanks and leach fields constructed to standards
established in WQR and standards established by the Lincoln County Environmental Health Department. 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, 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:
•The northern lots of the Golden Acres Subdivision are located within the calculated Zone of Contribution
for Public Supply Well Grover #2, as defined by Wyoming’s Wellhead Protection (WHP) Program. Based
on the WDEQ Groundwater Division review, the calculated capture zone radius for Grover #2 is 538 feet,
according to the WDEQ Groundwater review, a 250-foot buffer will be necessary on the north end of
Lots 1 and 18 or enhanced treatment will be required within the Zone of Contribution of the Public
Water Supply well. This increase of 100 feet accounts for the difference between the WDEQ's calculated
capture radius for Grover #2 and the radius that was determined in the Golden Acres Subdivision application
of 413 feet.
•In addition to this buffer, enhanced treatment is required for all absorption systems located within the WHP-
defined Attenuation Zone (Zone 2) of Grover #2. Lots falling completely or partially within this zone
include: 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 15, and 18. The boundaries of Public Water Supply protection
zones can be obtained from the Wyoming Department of Environmental Quality Water Quality Division or
the appropriate county planning office and must be consulted during the planning and design of any
absorption system to determine whether enhanced treatment is required.
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 Golden Acres Subdivision under the condition that the
Notes Required to Be Added to the Final Plat and proposed wastewater systems modified to achieve the standards
within WQD Chapter 23 Rules are all included in the final plat. If the notes modifications are not added to the plat, then
WDEQ is issuing an “Adverse” recommendation.
10
200 West 17th Street, Cheyenne, WY 82002 · https://deq.wyoming.gov · Fax (307) 635-1784
ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY(307) 777-7937 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781
Disclaimer:
The Non-Adverse recommendation provided above has nothing to do with, nor has any bearing on the water rights
associated with the Golden Acres Subdivision. Any questions or concerns about the water rights for the Golden Acres
Subdivision should be directed to the State Engineer’s Office.
Nothing in Department of Environmental Quality recommendations or comments regarding the proposal for the Golden
Acres Subdivision shall be construed to relieve Rick Earling, or Earling Family Trust, 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.
Sincerely,
Hannes Stueckler
NW District Engineer
Water & Wastewater Section, Water Quality Division
Jack Leitner, E.I.T.
Natural Resources Analyst,
Groundwater Section, Water Quality Division
ecc:Hannes Stueckler, Northwest District Engineer, hannes.stueckler@wyo.gov
11
200 West 17th Street, Cheyenne, WY 82002 · https://deq.wyoming.gov · Fax (307) 635-1784
ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY(307) 777-7937 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781
Appendix A
Ground Water Loading Analysis
Wastewater System Discharges to same aquifer that supplies a public water supply and are located within Zone 1 or
Zone 2
•Determination = YES
Chapter 23 Appendix A – Nitrate Loading Analysis
Nitrate Loading – Co
Number of Bedrooms Consultant Analysis DEQ Analysis
3 Bedrooms 2.43 mg/L 2.41 mg/L
4 Bedrooms 2.65 mg/L 2.62 mg/L
5 Bedrooms 2.87 mg/L 2.83 mg/L
Chapter 23 Appendix B – Minimum Isolation Distances Analysis
Vertical Travel Time – t1
Number of Bedrooms Consultant Analysis DEQ Analysis
3 Bedrooms 825 days 745 days
4 Bedrooms 748 days 680 days
5 Bedrooms 701 days 641 days
Horizontal Travel Distance
Number of Bedrooms Consultant Analysis DEQ Analysis
3 Bedrooms Not Provided N/A ft
4 Bedrooms Not Provided 289 ft
5 Bedrooms 104 ft 518 ft
Chapter 23 Appendix C – Public Water Supply Analysis
Calculated Fixed Radius of Pumping Well – CFR
Consultant Analysis DEQ Analysis
CFR 413 ft 538 ft
Nitrate Loading – Cp
Number of Bedrooms Consultant Analysis DEQ Analysis
3 Bedrooms Not Provided 1.92 mg/L
12
200 West 17th Street, Cheyenne, WY 82002 · https://deq.wyoming.gov · Fax (307) 635-1784
ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY(307) 777-7937 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781
Comments to Analysis:
•Differences in analysis were due to:
o The difference between the consultants’ and the WDEQ WQD’s analysis of the calculations in
Appendix B was due to the use of an outdated Wehrmann model by the consultants. The revised
model indicated a shorter vertical time of travel—less than two years for four bedroom homes and
larger—which, in turn, increased the calculated two-year horizontal travel distance. Due to the high
horizontal groundwater flow velocity in the area (5.8240 ft/day), the horizontal travel distances for
four and five bedroom homes were calculated as 289 feet and 518 feet, respectively.
o The Calculated Fixed Radius of Pumping the Pumping Well (CFR) at Public Water Supply well
(PWS) Grover #2 was calculated as 413 feet by the consultants, while the WDEQ WQD calculated the
CFR of Grover #2 as 538 feet. No basis of calculation was given by the consultants so the difference
in analysis is unknown.
13
Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>
Public Notice for 704 MA 25 Golden Acres Major Subdivision Master
Plan
Amy Butler <amy.butler@lincolncountywy.gov>Thu, Jul 10, 2025 at 1:22 PM
To: Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>
Cc: Matt McCloud <matt.mccloud@lincolncountywy.gov>
Hi Liz,
Could you please verify the T-intersection between CR 190, CR 191s, and the new Subdivision
Road Golden Acre Loop? I want to ensure that the construction of the new subdivision road
facilitates the creation of a proper T-intersection at this junction.
This verification may require coordination with the Road & Bridge department, as it's
important to prevent potential drainage issues and complications with snow plowing. At least
it's a relatively low-volume road.
Thanks,
Amy Butler, P.E.
County Engineer
Lincoln County Engineering Office
520 Topaz Street, Suite 110
Kemmerer, WY 83101
amy.butler@lincolncountywy.gov
(307)877-2104
[Quoted text hidden]
704 MA 25 Golden Acres MP-- Preliminary Plat Public Notice.pdf
4130K
14
Engineering Department
Lincoln County, Wyoming
520 Topaz Street, Suite 110 Kemmerer, Wyoming 83101 (307) 877-2104
Agency Comment
To: Elizabeth Williams
From: Amy Butler
July 28, 2025
RE: 704 MA 25 Golden Acres Major Subdivision I am addressing the proposed intersection of County Road 190 and County Road 191, which the
Planning & Zoning Board has recommended be a four-way stop.
To ensure that the proposed changes at the new intersection effectively improve both safety and traffic flow, considering the existing conditions and anticipated future usage, I would like to outline some necessary requirements. It is recommended that the Developer provide
comprehensive Engineering Drawings, Staking, and As-Built drawings for this project. These
documents are crucial for ensuring proper alignment, effective drainage, and that all safety concerns are thoroughly addressed during the construction process. It is imperative that a Wyoming Registered Engineer prepares these documents.
Furthermore, the Developer will be responsible for verifying that all design criteria adhere to
AASHTO standards for low-volume roads. This includes ensuring appropriate sight distance, proper signage, and effective traffic control measures are in place. As a reminder, both County Road 190 and County Road 191 maintain a 66-foot Right-of-Way. The four-way intersection itself shall be paved to the right-of-way to facilitate a smooth transition from a
paved to a gravel surface.
Thank you for your attention to these important details.
Amy Butler
15
State Engineer’s Office
HERSCHLER BUILDING, 2 WEST
CHEYENNE, WYOMING 82002
(307) 777-6150
MARK GORDON
GOVERNOR
BRANDON GEBHART, P.E.
STATE ENGINEER
May 28, 2025
Lincoln County Board of Commissioners
925 Sage Ave., Suite 302
Kemmerer, WY 83101
planning@lincolncountywy.gov
Commission@lincolncountywy.gov
RE: Golden Acres Subdivision WDEQ 2025-0134
Dear Commissioners:
The Ground Water Division of the State Engineer’s Office has received application materials
pertaining to the Golden Acres Subdivision WDEQ 2025-0134 from the Wyoming Department
of Environmental Quality, requesting information and advice to the Water Quality Division.
The aforementioned subdivision is proposed to be situated within the NE¼SW¼ and SE¼NW¼
and SW¼NW¼ of Township 32 North, Range 118 West, Lincoln County, Wyoming. The
subdivision comprises 19 single-family residential lots. The proposed water supply consists of
on-lot wells.
The State Engineer’s Office has reviewed the subdivision application and conducted a
preliminary examination of the agency’s water rights database. Based on this review and W.S.
18-5-306, we have determined that there are potential irrigated acres associated with the
subdivision lands under permits P124.0E, P809.0E, P110.0E and T98. These irrigated acres
must be addressed per Statute.
The subdivider is legally obligated to address these irrigated acres and take the necessary actions
to ensure compliance with W.S. 18-5-306(a)(xi). As of the date of this correspondence, The State
Engineer’s Office has NOT received documentation regarding the water rights disposition (W.S.
18-5-306(a)(xi)(A)). For detailed guidance on the legal obligations and procedural steps
necessary to address these irrigated acres, please refer to item 6 below.
Additional Comments:
1. Drilling of any water well requires an approved permit before work commences. The
State Engineer water right permit grants the applicant the right to seek to develop a water
supply to meet the proposed needs. It does not guarantee that water will be physically
available.
Surface Water Ground Water Board of Control
(307) 777-6475 (307) 777-6163 (307) 777-6178
16
2. Any new proposed wells must be constructed in strict compliance with the State
Engineer’s Office Rules and Regulations, Part III, Water Well Minimum Construction
Standards.
3. With limited exceptions, a Wyoming licensed water well drilling contractor must drill and
construct new wells, and a Wyoming licensed pump installation contractor must install
pumps.
4. Any well not intended for use must be appropriately plugged and abandoned in
accordance with the aforementioned rules and regulations.
5. Any wells developed for purposes that are not encompassed by the definition of domestic
or stock use mandate adjudication by the Board of Control.
6. The water right search revealed existing water rights associated with the subdivided
lands. These water rights must be addressed as stipulated in W.S. 18-5-306(a)(xi).
Wyoming Statute 18-5-306(a)(xi):
(xi) With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter
and prior to final approval of the subdivision permit, the subdivider shall provide the following:
(A) The intended disposition of the water rights, by:
(I) Written documentation from the state engineer or the state board of control that the subdivider
submitted to the state engineer or the state board of control all documents necessary to
voluntarily abandon the water rights, cancel any unadjudicated permits or eliminate
applicable lands from any unadjudicated permits. The subdivider shall notify any purchasers of
this action;
(II) Written documentation from the state board of control that the subdivider has submitted to the
state board of control all documents necessary to change the use or place of use to provide for
beneficial use of the water rights outside the subdivision;
(III) A plan, accompanied by written documentation from the state engineer approving the plan, for
the distribution of the water rights appurtenant to the land to be subdivided. The plan shall
specify the distribution of the water to the lots within the subdivision and shall include written
documentation from the state board of control that the subdivider submitted to the state board
of control all documents necessary to change the use, place of use or point of diversion or
means of conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; or
(IV) Written documentation from the state board of control that it has accepted an authorization to
detach water rights appurtenant to the lands to be subdivided in accordance with rules and
regulations promulgated by the state board of control.
(B) If the subdivision is located within lands served by or crossed by a ditch, irrigation works or other
water conveyance system, evidence that the subdivider submitted the plan to the public entity,
company, association or appropriators responsible for the ditch, irrigation works or other water
conveyance system for review and recommendation at least sixty (60) days prior to the submittal of
the application for the subdivision permit to the board. Upon receipt of the plan, the public entity,
Golden Acres Subdivision WDEQ 2025-0134 Page 2
17
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.
Please reference “State Engineer Subdivision Review Number 2025-14-12” in all
correspondence pertaining to this application.
Should you require clarification, please do not hesitate to contact me at (307) 777-2974 or via
email at wesley.frain1@wyo.gov. We appreciate the opportunity to provide comments on the
aforementioned subdivision application.
Sincerely,
Wesley Frain
Natural Resource Analyst
ELECTRONICALLY TRANSMITTED
Cc: Ryan Cox, Administrator, Ground Water Division
Jed Rockweiler, Administrator, Surface Water Division
Cheryl Timm, Administrator, Board of Control Division
Kevin Payne, Superintendent, Water Division IV
Mike Johnson, Hydrographer/Commissioner, Water Division IV, District 8
Golden Acres Subdivision WDEQ 2025-0134 Page 3
18
To Whom it may concern .
Grover Water & Sewer
Grover, WY 83122
Grover Water & Sewer has a moratorium on any new connections to our water system due to our
system having more connections currently than it was designed for.
Eri c Nelson
Board Presidentf
19
1216 Uinta Street
Evanston, WY 82930
July 11, 2025
Attention: Planning and Development Office Staff
File Number 705 MA 25
Dear Staff Members:
The proposed Golden Acres Major Subdivision Master Plan – Preliminary Plat presents me with many questions
and I object to many things I see on the proposed plat. It robs me of my heritage, memories, and childhood life.
I remember when my father, Ezra Jensen, acquired the Joe Anderson place as we called the 40 acres that my
sisters Beth Hemmert (diseased), Peggy Albrecht and I inherited when my parents died. It was a land trade with
the 40 acres Dad owned down on the Grover/Auburn Road where the old creamery used to be about where the
Grover/Auburn Church of Jesus Christ of Latter-day Saints church is now located. I remember haying on both
places. Some of the sheep were pastured here when they came home from the summer grazing allotment.
The Joe Anderson place was farmed as one large property. I received the northern section, Beth the middle
section, and Peggy the southern section which had water from the Grover pipeline. The old road to the Grover
cemetery was in my section. Mother had always dreamed of building on the corner across the canal.
I have always refused to sell because the sentimental value to me out-weighs the monetary value. I have always
paid the taxes on time and the spraying for weed and pest control when notified. Now the questions: (1) Will this
necessitate a change in taxes from agriculture to residential property? I know Star Valley has one, if not the
highest property taxes in the state. (2) How will this affect the Scenic Byway designation? I didn’t object when
that was passed a few years ago, but with houses scattered above there will it still be a Scenic Byway? (3) Will this
affect the use of water from the canal for sprinkler pipes, watering livestock, irrigating, etc. or do they still do this?
Dad always allowed his neighbors access to canal.
I probably won’t be able to attend the hearing in person, but can I have some one else speak for me at the
hearing?
Sincerely,
Kay Ann J Saxton
Kay Ann Jensen Saxton
20
21
25-8
(iii) The percolation test shall be performed in accordance with Appendix A of
this chapter. An evaluation of the soil texture, in the proposed soil absorption system location,
by a person experienced in soils classification, may be used as an additional tool to confirm the
percolation rate.
(g) Minimum horizontal setback distances (in feet) are as follows:
Table 4. Minimum Horizontal Setbacks for Domestic Wastewater in Feet1, 2
From To Septic Tank Or
Equivalent To Absorption System
Wells (includes neighboring wells) 50 100
Public Water Supply Well 100 2002
Property Lines 10 10
Foundation Wall (w/o drains) 5 10
Foundation Wall (with drains) 5 25
Potable Water Pipes 25 25
Septic Tank N/A 10
Surface Water, Spring (including
seasonal and intermittent)50 50
Cisterns 25 25
1 For disposal of non-domestic wastewater, the setback distance shall be determined by a
hydrogeological study in accordance with Section 17(b) of Chapter 3, but shall not be less than
the distances shown in Table 4.
2 Small wastewater systems that discharge to the same aquifer that supplies a public water
supply well and are located within Zone 1 or 2 (Attenuation) of the public water supply well, as
determined by Wyoming Department of Environmental Quality Source Water Assessment Project
(2004) or as established in Section 2 of the Wyoming Wellhead Protection Guidance Document
(1997), shall provide additional treatment. These systems will be required to obtain an
individual permit to construct and will require that a PE sign, stamp, and date the application, as
stated in Section 2 of this chapter. The additional treatment shall be in accordance with Chapter
3 Section 2(b)(ii). The treatment system shall be designed to reduce the nitrates to less than 10
mg/L of NO3- as N and provide 4-log removal of pathogens before the discharge leaves the
property boundary of each small wastewater system.
Section 8. Soil Absorption System Sizing.
(a) The total infiltration surface area of a soil absorption system shall be calculated
by dividing the design flow rates (gpd) from Table 1 or Table 2 by the loading rate (gpd/ft
2)
found in Table 5.
Small wastewater systems that discharge to the same aquifer that supplies a public watersystemsdischargeaquifersuppliespublic
supply well and are located within Zone 1 or 2 (Attenuation)of the public water supply well,assupply(Attenuation)public supply well,
determined by Wyoming Department of Environmental Quality Source Water Assessment ProjectbyWyomingDepartmentofQualityProject
(2004)or as established in Section 2 of the Wyoming Wellhead Protection Guidance Document(2004)Wyoming
(1997),shall provide additional treatment. These systems will be required to obtain an(1997),provide systems required
individual permit to construct and will require that a PE sign,stamp,and date the application,aspermitrequiresign,stamp,application,
stated in Section 2 of this chapter. The additional treatment shall be in accordance with Chapterchapter.Chapter
3 Section 2(b)(ii).The treatment system shall be designed to reduce the nitrates to less than 102(b)(ii).system designed
mg/L of NO3-as N and provide 4-log removal of pathogens before the discharge leaves themg/L 3 provide 4-log pathogens
property boundary of each small wastewater system.
22
https://www.connectedwaters.unsw.edu.au/schools-resources/high-schools/groundwater 23
24
**::c 1-z a.. _w ~o -::c N (.) I-C BACKS LOPE 2:1 OR FLATTER 6' MINIMUM j 26' ROADWAY WIDTH t 6' MINIMUM 1· SHOULDER r.12' TRAVEL WAY I 12' TRAVEL WAYI ,. SHOULDER ~% SLOPE (TYP.) 3% SLOPE (TYP.) I FORESLOPE 3:1 OR FLATTER 6" MOISTURE CONDITION AND COMPACT CUT FILL SECTIONS TYPICAL SECTION ASPHALT &/OR BASE PER COUNTY STANDARD 8" THICK, SUB BASE FILL SLOPE 3:1 OR FLATTER VARIABLE SLOPE 2:1 OR FLATTER **3% SLOPE FOR GRAVEL ROADS 2% SLOPE FOR PAVED ROADSBACKSLOPE 2:1 OR FLATTER UNLESS PROFESSIONALLY ENGINEERED AND STAMPED DRAWINGS ARE SUBMITTED AND APPROVED BY PLANNING STAFF AND/OR COUNTY ENGINEER***25
The following Grant of Easements shall be included in the Certificate of Owners on each final
plat:
“that the owners and proprietors have laid out and had surveyed Golden Acres Subdivision, as
shown hereon, and with the specific intent to do so, do hereby grant and convey to Lincoln
County for the public use forever an easement over the [named roads] as they are laid out and
designated hereon;
that the easements for future connectivity roads as they are laid out and designated hereon
become vested to Lincoln County for public use forever upon actual development of an adjoining
parcel with a similar connecting road as evidenced by an approved preliminary subdivision plat
noting, however, that such easements cannot be utilized as primary access to the future
subdivision, unless primary access is negotiated between the future developer and the owners of
this subdivision as evidenced by a written agreement;
that said granting and conveying of the above-described public easements in no way obligates
the Lincoln County Commissioners to construct or maintain such roads nor does it relieve the
developer of the obligation to construct or maintain such road(s) according to the requirements of
the Lincoln County Subdivision Regulations;
that the easements shown hereon identical with [named roads] and a ten (10) foot strip along the
sides and rear of each lot are hereby granted to all utility companies, their heirs, successors and
assigns, including, but not limited to, Lower Valley Energy and Silver Star Communications, for
the underground installation and maintenance of all utilities including, but not limited to, water,
sewer, power, telephone, cable television, gas, storm water, drainage and irrigation facilities
appurtenant to this subdivision and appurtenant to the adjoining lands of the undersigned;“
26