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HomeMy WebLinkAbout705 MA 25 Golden Acres Phase I BCC Update 705 MA 25 PZC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Major Subdivision Phased 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 # 705 MA 25 APPLICANT: Rick Earling & Toni Earling, Trustees PROJECT NAME: Golden Acres Subdivision Phase I 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 Phased Plat application to subdivide 34.7 +/- acres into six residential lots with an average lot size of 5.8 +/- acres in the Rural Zone. The subdivision will have a private subdivision loop 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. This is Phase I of four phases of development. LOCATION: Located two miles north of Afton, Wyoming in T32N, R118W, Section 6. ____________________________________________________________________________________ ATTACHMENTS: 1. Subdivision Plat and Master Plan Plat 2. Vicinity Map 3. Agency Correspondence 4. Public Comment 5. Image of Earling Residence 6. Development Agreement 7. Typical Section drawing File # 602 PZ 25 ____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 705 MA 25 Golden Acres Major Subdivision Phase I, with: ● Findings of Approval A. thru C. ● Conditions of Approval 1. thru 8. ● A recommendation for the Board of County Commissioners to sign the Development Agreement. 705 MA 25 PZC 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. The developer shall provide details for the alignment of the intersection of County Roads 190, 191, the new proposed subdivision road, and the Earling residence 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 the Planning Office for review prior to improving the intersection. The developer shall pave the approach 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 County Comprehensive Plan. B. The proposed subdivision is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed subdivision is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. CONDITIONS OF APPROVAL: 1. Compliance with agency requirements: The developer/owner shall obtain any and all County, State, and Federal permits, licenses, and other approvals for the construction and/or operation of the project. This may include: Local Fire District, Wyoming Department of Fire Prevention and Electrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department of Environmental Quality (WDEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 2. The developer shall construct an approved paved or gravel subdivision road with a minimum 26-foot roadway width. 3. The developer shall enter into a Development Agreement with the County. The Development Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 60 days after approval of the Preliminary Plat or the application and approval shall be voided. Lots are not buildable until the Final Plat is recorded for each lot. 4. The developer 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 developer shall coordinate the new subdivision road accesses with the County Road and Bridge Superintendent and the County Engineer to ensure drainage is addressed. 705 MA 25 PZC 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 must be removed prior to Final Plat approval. 7. The Final Plat shall be updated to include the following: a. Depiction of Wellhead Protection Zone 2. b. A 250 foot buffer where no septics are allowed based on the 538 foot zone radius for the Zone of Contribution for Public Supply Well Grover #2 on the north end of Lot 1. 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, 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 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 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 the future. g. The following Grant of Easements shall be added to the 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 705 MA 25 PZC 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; 8. Prior to final plat, the developer shall provide evidence of submission to the State Engineer’s Office of water rights disposition. BACKGROUND: This subdivision is Phase I of the Golden Acres Master Plan – Preliminary Plat. 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. 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 705 MA 25 PZC 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.” 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. County Engineer response to PZC proposed 4-way intersection: 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. 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 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 705 MA 25 PZC 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) 7 l i GOILDEN ACRE§ §UJBDJIVJI§JION STA PC 895+35.5 SO'R \. 11 .: ., x x iQ i---....ll,,.....,, .. , _LI --•~=-•==~-·••====~ ti' -•, \ =·=···~·'= I l_.7 GROVER x- t------t------,1~, \' ~\s 1!~: -•--\~~ Lr·1 \ TOWNSITB Toni Etiriing 1130 PR 485 NOT PART OF SUBDIVISION X l____x-JL-L._J ·.· NW1 '-1-6-->,----~--,, S89'1B'o8"£ IJ/6.6'0' ~6iti11:,r~KtHl<l'f2-f,%) ___ ,,,..,,,,,,,_,.......= cot#irn OF '-692.01· 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) X \: •~~·-:. ~ "i x--x--,!I'! 6.0MAcn,s ~ (5.59±Ac) ', \ .,Twentr (20') foot \ ill :.-:-''i \ \. _ ...l. ·-c~na easement ~ I Wyatt Ea,llog ;::: (S 4B±Ac) v _ l. \ \ 1130 PR 477 . liil ___ 661.0J' ,· • '-,._(!MOOJ __ _ "-!!) ::..;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 '-. ).. '-. ~~~ ~ "i !il j,03:tAc:res ~ ~~ Twentr (20') foot \ \\ \ ,1 lt.C~ A -- '<,,lQ"!o,, '-. ~ c.,-5'8979'.§oZ-~ ~ (3.90±Ac) ill cana easement~ : ... ~ "".O'_... -x---x •----::1~ ,....._ uu.vv ~r. ~ ~"'6,·~• ••.oo' 1, .,., ·'· Gl.O LOT 4 swiJmt;:1.; .. am.-c,,c-... ~,., 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~ --s._: '-, ' ~ _ ~=-1.J=':;;:::t.;::.!.:~ ___ 5'8979:00Z-6.J0.96' I \ l'~\\ (4.J4±Ac) ~ •--,,.;;;-;,c:-• x ~~-=· -;.,,;;;,,,,,,,,,ar£5-,;v,,,~--~c1 l 3~,. = ----. "--'")ll~~~-~~~-~~~=~~9~7:-;;;1t"~r-------;;565.;;;~62~' ;;:;;=---=-=·~k-~~v.=--f=~J2~';;;-J,,~-'~----,,--ii~ 4~r,, ~ »-,e :, =:: • ;';;o· \\l of•~i :~ --eo-... -":-.",.y-.-i;,...-tM~~ ... T ........... . ~A~--~ 4.5ti-Acre8 4~ \'~·~\ ~~ ~~ 222 PR 131 \ C].··• ... · .. \ I I 3J~t---cn:oo -·-cr:ii .... ;U) iiij:z GI~ lll:IJl 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 Twentr (20') foot cana easement \:.-_ _\ ,f>l!..~-cana saument \? ' s.•=o,, ••~c"r-, \ ",,..'b,.. <>3Tv=c IJ2I.-IO 45.0J 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 1;~ ~~ .. ~~ : X IJ2l.6'8' '\ kl X 66'6'.18' ~: Lot 15 ~: ~ )' ,I ltA~ A -->-: ~ ./ ~ $'\i : X (4.28±Ac) ~: i7 4f+.ft.+---M~'8!l7,~~~;;;,;!:...=Tc---t-++~~----'-~ift----~,1 "'t"1r··· ~"8 ~~ 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. £¤89 Afton 16 21 17 07 06 2019 08 09 18 0405 15 24 03 01 12 02 13 11 23 10 22 14 33 3233N 119W 32N 118W32N 119W 33N 118W ³±191s³±191s³±190 ³±191s £¤89RICHINS, BOYD W.& MAUREEN PETERSON,HANS & KIMBERLY FROME, JOHN TRUSTEE JOHNSEN &ALLPHIN PROPERTIES LLC E A M A S REVOCABLE TRUSTROBERTSON, RAYMOND L& SHEILA D EARLING, TONI GROVER WATER &SEWER DISTRICTASTLE, GARY W & BECKY ASTLE HEPWORTH, THOMAS A WILKES,GREGG R TRUSTEE GRIFFETH, BETTINATRUSTEE BAXTER,TRUCKEE EARLING,WYATT ALBRECHT, WERNER L & PEGGY J TRUSTEES EARLING, RICK & TONI TRUSTEES EARLING, RICK & TONITRUSTEES MERRITT, VONK & SAUNDRA J TRUSTEESSIMS, JEFFREY J & MARTHA D FULLMER, KELLY G & GINA J EARLING,RICK & TONI TRUSTEES EARLING, WYATT WANEK, LUKE E EARLING,RICK & TONI TRUSTEES ALBRECHT, WERNER L & PEGGY J TRUSTEES SAXTON, LESLIE R & KAY ANN J TRUSTEES EARLING, WYATT EARLING, WYATT EARLING, WYATT HUTCHINGS, BRET L & JEANA L TRUSTEES JENSEN, TIMOTHY TUELLER, GORDON M & MARGARET A FAM TRUST GROVER COMMUNITYDEV.INC. THURMAN, STANLEY R& MARCIA TRUSTEES LONG, KIT R & SHERRI L JAYLEE SPENDTHRIFTTRUST Maxar Major Subdivision Phased Plat Application Roads Road_Type US Highways WY Highways Projects Public Noticing Township & Range Sections Municipalities File No. 705 MA 25 Golden Acres Subdivision Phase I Rick and Toni Earling, Trustees Prepared using available data by Katie Gipson, on 27 June 2025. Map is for informational purposes only and in no way represents an official survey of land. 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 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 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 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 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 3 200 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. 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. 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 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 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. 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 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 705 MA 25 Page 1 of 11 DEVELOPMENT AGREEMENT GOLDEN ACRES SUBDIVISION PHASE I SUBDIVISION FILE NO. 705 MA 25 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2025 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Rick Earling and Toni Earling, Trustees of the Rick Earling and Toni Earling Family Trust, dated June 28, 1990, hereinafter referred to as OWNER/DEVELOPER”, whose address is P.O. Box 8, Grover, WY 83112. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 705 MA 25 Golden Acres Subdivision Phase I to subdivide approximately 34.7 +/- acres into 6 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 Golden Acres Subdivision Phase I; 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. 705 MA 25 Golden Acres Phase I 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 Rick Earling and Toni Earling, Trustees of the Rick Earling and Toni Earling Family Trust, dated June 28, 1990 whose address is P.O. Box 8, Grover, WY 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 34.7 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 705 MA 25 Page 2 of 11 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. The subdivision roads shall meet all Lincoln County Road Standards. The developer shall coordinate the new subdivision road accesses with the County Road and Bridge Superintendent and the County Engineer to ensure drainage is addressed. 2. Install a fence or create landscaping barriers to remove the second access on the south side of the existing building owned by Toni Earling on the corner of County Road 190 and County Road 191. 3. Install electrical power and communication lines to each identified lot. 4. Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. 5. Reseed disturbed areas to avoid weed infestation and erosion. 6. Purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Development Office. 7. Install road and stop signs after completion of improvements and prior to final subdivision approval (see Lincoln County Land Use Regulations 6.18). 8. Meet subdivision fencing laws per Wyoming Statute 18-5-319. 9. 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) 705 MA 25 Page 3 of 11 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 may 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 705 MA 25 Page 4 of 11 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. 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 705 MA 25 Page 5 of 11 925 Sage Ave., Ste 201 Kemmerer, WY 83101 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following addresses: Rick Earling and Toni Earling, Trustees of the Rick Earling and Toni Earling Family Trust, dated June 28, 1990 P.O. Box 8 Grover, WY 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. 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 705 MA 25 Page 6 of 11 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 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. 705 MA 25 Page 7 of 11 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. 705 MA 25 Page 8 of 11 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 705 MA 25 Page 9 of 11 OWNER/DEVELOPER ________________________________ Date: ______________________ Rick Earling, Trustee of the Rick Earling and Toni Earling Family Trust, Dated June 28, 1990 ________________________________ Date: ______________________ Toni Earling, Trustee of the Rick Earling and Toni Earling Family Trust, Dated June 28, 1990 STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by, Rick Earling and Toni Earling, Trustees of the Rick Earling and Toni Earling Family Trust, dated June 28, 1990, this ____ day of ______________ 2025. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 705 MA 25 Page 10 of 11 EXHIBIT A DESCRIPTION OF PROPERTY Golden Acres Subdivision Phase I 34.7 +/- acres within Section 6, Township 32 North, Range 118 West, in Lincoln County, Wyoming. 705 MA 25 Page 11 of 11 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached **::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***