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Home My WebLink About407 SS 25 Staff Report Complete 407 SS 25 BCC APPLICANT: Kelly and Ceila Johnson Family Trust PROJECT NAME: Johnson Foothills COMMUNITY PLAN AREA: Upper Valley ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Ken Kuluski PARCEL ID: 3018-053-00-025 PROPOSAL: A Simple Subdivision application to subdivide 20.40 +/- acres into two residential lots with an average lot size of 10.20 +/- acres in the Rural Zone. The lots will share a private road access off Indian Hollow Lane. The lots will be served by individual wells and individual septic systems meeting current State and Lincoln County standards. LOCATION: Located 5.7 miles southeast of Afton, Wyoming in T30N, R118W, Section 5. ATTACHMENTS: 1. Subdivision Plat 2. Vicinity Map 3. Agency Correspondence 4. Public Comment PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 407 SS 25 Johnson Foothills, a Simple Subdivision, with: ● Findings of Approval A. thru C. ● A Resolution of Approval LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Simple Subdivision Application HEARING TIME AND DATE: 10:00 a.m. January 7, 2026 HEARING LOCATIONS: 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 # 407 SS 25 407 SS 25 BCC FINDING 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. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest Control District: At time of inspection there were no known noxious weeds on the property. Star Valley Conservation District: Due to variations between water levels in this section, SVCD recommends soil cuts to determine ground water levels. We Recommend that soil cuts be taken in the spring /early summer when groundwater is highest. UV241 £¤89 24 3635 26 25 23 22 33 28 19 21 273231 30 29 34 20 0506 1004 0907 03 08 0102 1211 31N 119W 31N 118W 30N 118W30N 119W Indian Hollow LaneJOHNSON, KELLYA & CELIA A TRUSTEES JOHNSON, KELLYA & CELIA A TRUSTEES BARNES, JAMEST & JESSIE J DABEL FAMILY TRUST ETAL DE LAMBERT,ROBERT A JOHNSON, KELLYA & CELIA J TRUSTEES JOHNSON, KELLYA & CELIA J TRUSTEES DE LAMBERT, ROBERT A BARNES, DANIEL F &QUINCY C ENGLAND,JEFFERSON H & CYNTHIA M HESS, GARY& DEBRA TRUSTEES ENGLAND, SPENCER L &NATALYA L DABEL FAMILY TRUST ETAL Microsoft, Vantor Simple Subdivision Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 407 SS 25 Johnson Foothills Kelly A. & Celia J. Johnson Prepared using available data by Katie Gipson on 2 December 2025. Map is for informational purposes only and in no way represents an official survey of land. October 14, 2025 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed simple subdivision for Kelly and Celia Johnson Family Trust, south of Smoot WY. Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5-306. No other use is intended or implied. If there is any more information, we can provide for you, please let us know. Yours truly, STAR VALLEY CONSERVATION DISTRICT Rollin Gardner Chairman Subdivision Review Kelly and Celia Johnson Family Trust Simple Subdivision Smoot, Wyoming October 14, 2025 Location The Kelly and Celia Johnson Family Trust, simple subdivision is in SW1/4SE1/4 of Section 5 T30N R118W near Smoot, Wyoming. The proposed subdivision is +/- 20.0 acres and will be divided into 2 lots. Drainage is to the west. Water Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data Base to obtain groundwater information for this property. Well logs from wells in the vicinity indicated the static water level is between 18 and 278 feet below ground surface. SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Salt River The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does not support the designated use for contact recreation use due to elevated levels of fecal coliform bacteria. In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed-planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July 2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ. SVCD continues to monitor the watershed. We have collaborated with landowners to implement fencing and off stream watering for livestock. We also provide a cost share to homeowners to pump septic systems after attending our septic workshops. The Salt River Watershed Plan identifies rural subdivisions as adversely affecting water quality in the Salt River Watershed. Storm water run-off from subdivisions should be managed using best management practices to ensure that pollutants such as storm water runoff, animal wastes, sediment, and fertilizers do not reach the irrigation ditches or other surface waters in the area. National Pollutant Discharge Elimination System (NPDES) The Wyoming Department of Environmental Quality (WYDEQ) requires all construction sites that disturb 1 acre or more to have a construction NPDES permit. The areas do not have to be contiguous. The permit requires construction site operators to implement appropriate erosion and sediment control best management practices, control waste such as discarded building materials, concrete truck wash-out, chemicals, litter, and sanitary wastes. Operators of construction activities must develop a Storm Water Pollution Prevention Plan (SWPPP) that describes the measures to be implemented at the construction site that will eliminate or minimize pollutants from the project from reaching surface waters. The terms and conditions of the permit must be implemented until the land disturbed by construction activities has been ‘finally stabilized.’ Finally stabilized is defined as “all soil disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all disturbed unpaved areas and areas not covered by permanent structures”. If construction will disturb 5 or more acres a stormwater permit from WYDEQ is required. For more information regarding the NPDES requirements please contact Katy Sprouse by phone or email at 307-777-7570 (katysprouse@wyo.gov)Anita Rehner, WYDEQ Program Coordinator at 307-777-5622 or (arehner@state.wy.us). Soils The following soils information provided by the Natural Resources Conservation Service (NRCS) Soil Survey of Star Valley Area, Wyoming – Idaho. This information does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by a Wyoming Licensed Engineer experienced in the design and construction of engineering work. The proposed subdivision is comprised of several soil types, identified as Hobacker gravely loam (Hc), Hobacker-Osmund gravely loam 6-20 percent (HgD), Greyback-Rooset association (GRE), Hobacker-Osmund gravelly loam 20 to 30 percent (HOE), Osmund and Mundos gravelly loam 0-3 percent slope (OnA), Robana silt loam 3-10 percent slope (RoC), and Stony rockland (SY). Limitations: ‘not limited’ indicates that the soil has features that are favorable for the specified use, good performance and very low maintenance can be expected. ‘Somewhat limited’ indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, and installation. Fair performance and moderate maintenance can be expected. Soils with ‘very limited’ designations indicate that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures, poor performance and high maintenance can be expected. Dwelling with and without basements: The degree of limitations for dwellings with and without basements in areas of Hc and OnA are rated as Not Limited. In soil areas of HgD and RoC the rating is somewhat limited due to slope and shrink-swell, and in soil areas of GRE and HOE the rating is very limited due to slope and shrink-swell. Soil type SY is not rated currently. Soil cuts were not conducted as part of this review. Care should be taken not to locate buildings in the intermittent drainage or any drainage channel where overland flooding could occur during early spring snowmelt or heavy thunderstorms. Sewage Disposal: The degree of limitations for septic tank absorption fields for areas containing GRE, Hc, HgD, and HOE the rating is very limited due to slope, seepage at bottom layer and slow water movement. In soil areas of OnA and RoC the rating is somewhat limited due to slow water movement. Soil type SY is not rated currently. Roads and streets: The degree of limitations for roads and streets for areas containing GRE, HOE, OnA, and RoC the rating is very limited due to slope, frost action, and shrink-swell. In soil areas of Hc and HgD the rating somewhat limited due to frost action and slope. Soil type SY is not rated currently. Shallow excavations: The degree of limitations for shallow excavations for areas containing the GRE and HOE the rating very limited due to slope, unstable excavation walls, and dusty. In soil areas of Hc, HgD, OnA, and RoC the rating is somewhat limited due to unstable excavation walls, slope, and dusty. Soil type SY is not rated currently. Erosion Hazard: The potential of erosion hazard for unsurfaced roads and trails in areas containing GRE the rating is severe due to steep slopes. In soil areas of HgD, HOE, and RoC the rating is moderate due to slope. In soil areas of Hc and OnA the rating is slight. Soil type SY is not rated currently. To avoid potential erosion or sedimentation problems all disturbed areas during subdivision construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction, so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment control best management practices should be installed and maintained for the duration of the project. Noxious Weeds Lincoln County Weed and Pest report is included separately from this report. Please note and follow the recommendations therein. Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a discount to landowners. Check with Weed and Pest to see if you qualify. They also offer ATV sprayers and 25-gallon pickup sprayers for rent. All visits to the property as well as any consultations are at no charge. To contact Lincoln County Weed and Pest call 307-885-9333 (WEED). Small Acreage Grazing/Livestock Management Please be aware, grazing animals on small acreages can have a significant impact on the condition of soil, water, plants, and other natural resources. Care should be taken to ensure agricultural activities such as grazing, corrals, pastures, feedlots, animal waste storage or spreading does not take place within any wellhead protection zone. Best management practices should be implemented on these parcels to ensure animal wastes does not reach spring or Salt River during times of high water, snow melt, or storm run-off. This can be done by using berms, filters strips, grassed swales and catch ponds. The SVCD recommends the individual lot owners obtain a site-specific grazing and waste management conservation plan from the local Natural Resources Conservation Service office in Afton. The plans are provided free of charge. For mor information, please contact Janessa Julson, 307-886-9001 ext.3, or email at janessa.julson@usda.gov. Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommends following the guidelines in the University of Wyoming Barnyards and Backyards Living with Wildfire in Wyoming publication. http://www.uwyo.edu/barnbackyard/_files/documents/resources/wildfire2013/wildfire_web.pdf Wildlife Friendly Fencing Fences cause the direct mortality of wildlife through entanglement and prohibition of movement to seasonal ranges. Fences constructed or currently in existence on the property should be designed to allow free and unrestricted movement of wildlife. Wyoming Game and Fish Department recommends fences be built to minimally restrict livestock and horses, while allowing free movement of wildlife (e.g. a smooth bottom wire 16-18 inches above ground, a 39- inch maximum height and at least 12 inches between the top two wires). Wildlife can benefit from any area of open space. For more information please see Fencing Guidelines for Wildlife Wyoming Game & Fish Habitat Extension Bulletin No. 53 at the Wyoming Game and Fish website http://gf.state.wy.us/downloads/pdf/habitat/Bulletin%20No.%2053.pdf. Homeowners should protect ornamental shrubs used for landscaping and future homeowners should know that, by state statute, the Wyoming Game and Fish Department is not liable for damage caused to ornamental plants by wildlife. The potential exists for wildlife conflicts, especially between wildlife and free-ranging domestic pets. The landowner should take precautions to minimize harassment of wildlife by dogs and cats. It is illegal to allow pets to chase or kill wildlife. Likewise, rural landowners should recognize that black bears, mountain lions, and other carnivores may come near their dwellings and may pose a threat to pets allowed to range freely. Sensitive Species and Historical Resources Sensitive, threatened, or endangered species were not evaluated as part of this review. STAR VALLEY CONSERVATION DISTRICT Kresta Hedges District Manager Ken Kuluski <ken.kuluski@lincolncountywy.gov> Kelly Johnson Simple Subdivision Application Steve Ussery <usserysc@gmail.com>Sun, Nov 30, 2025 at 5:00 PM To: Mel Shumway <mel.shumway@lincolncountywy.gov> Cc: Ken Kuluski <ken.kuluski@lincolncountywy.gov> Mr. Shumway, I am writing to you again regarding Kelly Johnson’s simple subdivision application to create two lots out of his hayfield that would utilize Indian Hollow Lane for property access. Since our discussion on the matter I have visited with Jeff England, who owns the first property on the west side at the north end of Indian Hollow, and he told me something that I feel is important to consider when reviewing Kelly’s application. The three properties that are north of Kelly’s property and south of Cottonwood Road that utilize Indian Hollow Lane belong to Jeff England, Gary Hess, and James Barnes. According to Jeff each of these three properties, in their purchase agreements, has an obligation to maintain that portion of Indian Hollow Lane that adjoins their respective properties. If Kelly Johnson is not required to upgrade Indian Hollow to County standards, the additional traffic will create an additional amount of wear and damage to the road and cause the three landowner’s additional burden without the County providing any relief. That seems like that situation could become a litigation concern for the County. From what I have heard, one of Kelly’s proposed subdivision lots already has a buyer, which is a father/son duo that have a heavy equipment business. That means that there will most likely be semi’s with lowboy trailers hauling heavy equipment in and out of their new property, almost certainly causing significantly more road damage Indian Hollow Lane than what passenger vehicles would, with them having no obligation to maintain or repair the road surface. That is why it is imperative that Kelly be required to improve Indian Hollow Lane from where it begins at Cottonwood Road to the south boundary of his proposed subdivision lots to handle the additional traffic. As we discussed, this is most likely only the first subdivision application that Kelly has submitted, with many more coming in the very near future that will add additional traffic to the road. I strongly urge the Planning Commission and the County Commissioners to stipulate that Kelly Johnson have a requirement to improve Indian Hollow Lane to withstand heavy equipment road use as a condition of his subdivision application approval. It would avoid immediate issues and also future concerns as Kelly sells off more of his property. Steve Ussery Smoot