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Home My WebLink About109 CUP 26 Flying Heart Gravel BCC Staff Report Complete 109 CUP 26 BCC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Conditional Use Permit Application HEARING TIME AND DATE: 10:00 a.m., June 3, 2026 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 # 109 CUP 26 APPLICANTS: Toby Merritt PROJECT NAME: Flying Heart Gravel Pit COMMUNITY PLAN AREA: Thayne ZONING: Rural REPRESENTATIVE: Self PLANNER: Ken Kuluski PARCEL ID: 3418-204-00-236 _____________________________________________________________________________ PROPOSAL: A Conditional Use Permit for a proposed gravel pit with private access from County Road 121 (Bedford North). The proposed pit will utilize approximately eight (8) acres of the total fifteen (15) acre parcel for gravel extraction activities. When the gravel pit is in operation, crushing and processing may occur year-round as economically feasible. Approximately 20 truckloads are expected to leave the pit each day. Proposed hours of operation for the pit are 7:00 a.m. to 5:00 p.m., Monday through Friday. LOCATION: Located 1.5 miles east of Thayne, Wyoming, in T34N, R118W, Section 20. ATTACHMENTS: 1. Vicinity Map 2. Conditional Use Statement 2. Site Plans and Attachments 4. Agency Correspondence 5. Public Correspondence PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission did not provide a recommendation (SPLIT VOTE) The Planning Staff recommends that the Board of County Commissioners APPROVE File #109 CUP 26 Flying Heart Gravel Pit, a Conditional Use Permit, with: • Findings of Approval A. through D. • Conditions of Approval 1. through 13. 109 CUP 26 BCC FINDINGS OF APPROVAL: A. The proposed use, with conditions is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed use, with conditions is consistent with the provisions of the Lincoln County Land Use Regulations, specifically: Chapter 3, Section 3.1 Conditional Use Permit Procedures. C. The proposal, with conditions is consistent with the provisions of Wyoming Statute 18-5-203 providing for Board of County Commissioners authority for zoning regulation of buildings and uses of land. D. The proposed use, with conditions, will not substantially impair the appropriate use of neighboring property; and will serve the public need, convenience and welfare. CONDITIONS OF APPROVAL: 1. Applicant shall submit and maintain the Storm Water Pollution Prevention Plan as approved by WDEQ. 2. Applicant shall provide an updated site plan yearly to the planning office no later than July 1st. 3. Copies of applicable permits received from the Wyoming Department of Environmental Quality shall be submitted to the Lincoln County Office of Planning and Development including: • WDEQ Air Quality Division (AQD) construction and operation permit. • WDEQ limited mining operation permit. 4. No operation of a concrete batch plant or asphalt hot mix is authorized 5. Lincoln County Weed & Pest shall annually certify the gravel pit is weed free and does not contain seeds which will promote noxious weeds. 6. Access road shall be designed to Lincoln County Subdivision Road Standards. 7. Dust abatement on the access road will be completed at a minimum of once per season, and as needed during use of the pit. Dust suppression on the site will be completed as needed during operation. 8. Applicant shall supply toilet facilities in accordance with OSHA standards during operation. 9. Applicant shall record a Memorandum of Understanding (MOU) with Lincoln County for the mitigation of impact to Co Rd 121 (Bedford North). 10. Applicant shall pay for and install traffic warning signs along Co.Rd 121(Bedford North) 11. Applicant shall not expand the gravel pit past eight (8) acres without additional permitting. 12. Applicant shall pay $280 annually on or before July 1st for monitoring by Lincoln County. 13. Applicants shall obtain a Lincoln County Sign Permit prior to installation of a business sign. 109 CUP 26 BCC AGENCY CORRESPONDENCE: WDEQ Water Quality Division (as of April 14, 2026)- Mineral Mining General Permit (MMGP) LQD TFN 7 5/296 pending. Storm Water authorization number (once processed and issued) will be WYR321028. Game & Fish- The proposed LMO is not within any sage-grouse core areas or within 2 miles of any occupied non-core area leks. The project is compliant with the SGEO Th proposed LMO is on private land and not within any identified or designated big game migration corridors. The project is compliant with the MCEO. Alto Canal Sprinkler System- Gives Flying Heart Gravel LLC permissions to use water for dust control in the gravel pit and access road. With the stipulation other lateral lines on that property must be shut off during gravel pit use of water. PUBLIC COMMENT: Attached. Telephone Comment: May 23, 2026- Duane Card of 1732 Co. Rd. 120 (Lost Creek)- Voiced opposition to a new gravel pit (109 CUP 26 Flying Heart) Thayne 21 18 20 30 17 29 19 16 28 23 26 14 24 25 13 34N 119W 34N 118W ³±122 ³±121Loulie LaneNorbess RoadGrassey LaneBlue Steel Road MERRITT, BRADFORD H PASSEY,DERRICK & SYDNEY HODGES, MARKW & ELIZABETH M BARNES, GORDON D & JAYNE SKINNER, NOEL & NYLA JT.LIV TRUST MERRITT, TOBY J MERRITT, TOBY J MERRITT, TOBY J WHITBY, LUEVE W SOLE TRUSTEE MARTIN, DIANEH & BRENT H TRUSTEES SKINNER, RONELL& JULIE ANN FAMILY TRUST BERLIER, TAIT SKINNER, RONELL & JULIE ANNFAMILY TRUST ANCHOR PROPERTIES,LLC JENSEN, RANDALL L & LANA TRUSTEES SKINNER, LANCED.& JANADENESKINNER, MARILYN T TRUST SKINNER, LANCE D.& JANADENEMERRITT, BRADFORD H READ, MARYL TRUSTEE PRESTONRANCHES INC GRAHAM, BRETT N & JENNIFERL TRUSTEES HODGES, ERIC M & BARBARATRUSTEES SUTER, BRIAN H & SHERRYK TRUSTEES SUTER, DELMAR & ASHLEY D SCHARMANN, ALEXANDER L & AUDREY LJENKINS, CHRISTOPHER & CHELSEA MERRITT,ALANZO H. MERRITT, BRADFORD H MERRITT,BRADFORD H JOHNSON, TRACI DELSA M ETAL PRESTON RANCHES INC WHITBY, LUEVE W SOLE TRUSTEE LECHNER, DANIEL J &JACLYN I BARNES, GORDON D &JAYNE E CUTHREILL, RICHARD & RUTH CUTHRIELL APA, JOHN T & JENNIFER R TRUSTEES HEINER, SCOTTD & PAULA I TRUSTEES HODGES, LEON M & NANCY A TRUSTEESNELSON, BRAYDY G &KORI L MERRITT, BRADFORD H SELF, CARLA K APA, JOHN T & JENNIFER R TRUSTEES PHAM, ANNIE& CHARLES SELF, CARLA K SELF, CARLA K SELF, CARLA K BURTON, RICHARD M &JENNIFER A WHITEHOUSE, GARRON &TIFFANY ERICKSON, TUCKER GBC PROPERTIES, LLC GRAHAM, BRETT N & JENNIFERL TRUSTEES GRAHAM, KEITHW & ASHLEY D WHITBY, ART& BRENDA MERRITT, SHELDON A& DIANA L HODGES, ERIC TURNER,BONNIE HODGES, JOANNTRUSTEE HODGES, LEON Microsoft, Vantor Conditional Use Permit Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 109 CUP 26 Flying Heart Gravel Pit Toby J Merritt Prepared using available data by Katie Gipson on 22 April 2026. Map is for informational purposes only and in no way represents an official survey of land. March 16, 2026 To: Ken Kuluski- Planning Director Mel Shumway- Commissioner Kent Connelly- Commissioner Teri Bowers- Commissioner Stephen Allen- Commissioner CC: General Planning Department RE: File #109 CUP 26- Limited Mining Operation/Flying Heart Gravel Pit Good evening, We are writing to express our serious concern regarding the proposed 15 acre Flying Heart gravel pit to be located within one mile (due south) of our property, lot number 2 in Silver Spur Estates. The industrial development poses a significant threat to the character and livability of our rural community. We purchased this property after years of careful saving and planning, with the intention of enjoying a peaceful environment as we move toward retirement. The introduction of an industrial operation of this scale so close to our home and others fundamentally undermines that vision. Beyond the change in landscape, the operation will inevitably bring excessive noise, persistent toxic dust and a substantial increase in heavy equipment traffic on our rural roads. The conditions will not only diminish our quality of life but also raise safety concerns for residents who rely on these roads daily. The constant disruption from machinery and transport vehicles is incompatible with the quiet, low-traffic setting that defines this area. Another legitimate concern is the impact of this operation on our drinking water. An operation with maximum allowable depth of 150 feet does not leave much buffer for contaminates leaching into our ground water. Equally troubling is the impact it WILL have on all property values in the area. We have learned to expect a possible 50% decrease in current values. A gravel operation in such close proximity will make it extremely difficult, if not impossible to sell our homes at a fair price in the future. The financial investment we have made over many years stands to be severely compromised, leaving us unable to recover our losses. I respectfully ask you to consider these concerns and consequences, as well as those voiced by my fellow neighbors and deny approval of this operation in order to protect all residents and long-term integrity of our beautiful neighborhood. It’s the Wyoming way. Thank you all for your service to the county, Respectfully, Richard M & Jennifer A Burton Lot #2 Silver Spur Estates 208-608-1602/208-850-9425 From: Robert Gonet <rfg2025bedford@gmail.com> Sent: Thursday, March 19, 2026 10:53 AM To: Mel Shumway <Mel.shumway@lincolncountywy.gov>; Kent Connelly <kent.connelly@lincolncountywy.gov>; Teri Bowers <teri.bowers@lincolncountywy.gov>; Stephen Allen <stephen.allen@lincolncountywy.gov> Subject: #109cup26 Gavel pit expansion Gree�ngs, I have lived on the Bedford Bench for some 20 odd years a�er building a house in the Shoo�ng Star subdivision. I chose this Wyoming loca�on as my permanent home, based on the rural quality of life. Over the intervening years there have been many changes to the landscape, primarily more subdivisions or individual high-end houses being established. Change built by people seeking the same things that I valued 20 years ago. This change is inevitable as our popula�on grows. It permanently increases the county tax base without significantly damaging the atrac�veness of the area. . Since major subdivisions require the county's approval, I can only assume that we somewhat agree on this point. I atended Wednesday's planning commission's mee�ng and listened to the pro and cons of several proposed projects. One recommending approval of a major subdivision just east of Thayne and west of the proposed gravel pit expansion. One would permanently increase the county's tax base, the other might nega�vely impact both current residents and future development on the area. A gravel pit is a permeant consump�ve use of land. By its very nature it permantly degrades views, increase road traffic, noise pollu�on, and perhaps air quality. All of which nega�vely impact desirability of living there. I ques�on the need for an addi�onal gravel pit in the midst of what has become a very desirable area to live in, especially since there is an exis�ng major gravel pit and asphalt plant a short distance away. It appears to be a short-term gain with poten�al nega�ve long-term consequences. I am not in favor of the gravel pit expansion. Bob Gonet 430 Shoo�ng Star Drive Bedford, Wy 83127 Brett and Jennifer Graham 865 County Road 121 360-931-3044 brettandjen91@gmail.com May 18, 2026 RE: Letter of No Objection – Toby Merritt Property Borrow Pit Development (Flying Heart Gravel Pit) To: Whom It May Concern As the legal owners of 865 County Road 121, our property directly adjoins the Toby Merritt property to the north. This letter serves as our formal notice of no objection to the proposed borrow pit excavation and development on the Merritt property, contingent upon its compliance with all current county rules, regulations, and conditions. Having recently navigated the county’s development process ourselves to establish the BJ Graham subdivision, we appreciate the thoroughness of the system. Our own project proceeded smoothly and without objection from neighboring landowners. Because the Merritts have diligently followed the County’s regulations to develop this borrow pit, we are glad to offer them the same neighborly support we received. The Merritt family has a long history of farming and ranching in this area. They are excellent neighbors who contribute significantly to our community, and we fully support their current endeavor. Respectfully submitted, Brett and Jennifer Graham Outlook gravel pit expansion on the Bench Road #121 From Linda Holsan <lhholsan@silverstar.com> Date Tue 3/31/2026 4:03 PM To Kent Connelly <kent.connelly@lincolncountywy.gov>; Teri Bowers <teri.bowers@lincolncountywy.gov>; Mel Shumway <mel.shumway@lincolncountywy.gov>; Planning <planning@lincolncountywy.gov> To all concerned: I would like to oppose the expansion of the gravel pit in our area on the Bench Rd #121. The traffic has increased significantly from year to year. What was once a nice quiet road to live on has become a busy and unpleasant experience to live with. Very little to nil patrolling takes place. The only positive help is the corner near me that slows “some” down. We are already experiencing the increased gravel dump trucks in the last several years, adding a gravel pit nearby is going to greatly increase the negative that comes with them. A few of the negative impacts are: * Wildlife, deer cross this road daily to get to the State of Wy Land and the US Forest. The deer go back and forth for water. * Walkers use this road daily. * Bikers love to come our way for the view and what was once a solitude ride. * Noise,,,,,I personally know of the unpleasant noise, the trucks have to slow down somewhat to round this same corner near me. Several of these drivers use their “jake” brakes ! You can hear them for a mile each way. With no law enforcement, nothing stops them. * Road damage……Lost Creek County Road #120 is a "chip and seal” road. There are already soft spots and signs of damage. Who pays for road repair? We the tax payers that live here do, not necessarily the owners of gravel pits, developers, etc. I would ask that you give this your most sincere and careful consideration to those of us who live by this proposal. After all, we chose to live here long BEFORE the desire to create a gravel pit in the first place. Sincerely, Linda H Holsan Outlook Re: Supporting New Gravel Pit for Competition From Ken Kuluski <ken.kuluski@lincolncountywy.gov> Date Tue 4/28/2026 8:07 AM To Toby Merritt <addmin@flyingheartgravel.com> Thank you Toby, I will add comment to the file. From: Toby Merritt <addmin@flyingheartgravel.com> Sent: Tuesday, April 28, 2026 6:41 AM To: Ken Kuluski <ken.kuluski@lincolncountywy.gov> Subject: Fwd: Supporting New Gravel Pit for Competition ---------- Forwarded message --------- From: Cory Jenkins <drycreekearthworks@gmail.com> Date: Tue, Apr 28, 2026 at 6:25 AM Subject: Supporting New Gravel Pit for Competition To: addmin@flyingheartgravel.com <addmin@flyingheartgravel.com> Subject: Support for West Hills Excavation’s Gravel Pit Application Dry Creek Earthworks LLC 3336 WY-241 Afton, WY 83110 Drycreekearthworks@gmail.com 4/27/2026 Lincoln County Board of County Commissioners 925 Sage Ave., Suite 302 Kemmerer, WY 83101 RE: Support for Flying Heart Gravel Pit Application Dear Chairman Connelly, Commissioner Shumway, and Commissioner Bowers, I am writing to formally express my support for the gravel pit application submitted by Flying Heart Gravel Pit. As a resident of Lincoln County, I believe that the approval of this project is in the best interest of our local community and economy. One of the most significant factors in our local cost of living and construction expenses is the price of essential materials like gravel. By allowing a new, reputable operator like Flying Heart Gravel to enter the market, the County would be fostering healthy, fair competition. Increased competition is a fundamental driver of lower prices. When contractors and residents have more options for sourcing materials, it naturally incentivizes better pricing and service for all consumers. Conversely, a lack of local supply options can keep costs artificially high, which ultimately affects everyone—from homeowners planning small landscaping projects to local businesses managing infrastructure development. I trust that Flying Heart Gravel will operate responsibly and in accordance with all county regulations. Supporting local businesses that provide vital services while simultaneously working to keep costs manageable for the public is a win-win for Lincoln County. Thank you for your time, your dedication to our county, and your thoughtful consideration of this application. Sincerely, Cory Jenkins Owner Dry Creek Earthworks LLC HOUSE DISTRICT 21 • 2886 Highway 241 • Afton, Wyoming 83110 TELEPHONE 307-884-6119 • E-MAIL McKay.Erickson@wyoleg.gov • WEBSITE www.wyoleg.gov WYOMING HOUSE DISTRICT 21 May 21, 2026 To Whom It May Concern, I am writing in support of Flying Heart Gravel Pit, owned and operated by Toby Merritt. As our community continues to grow, the need for local gravel and construction resources is only increasing. Having a dependable, locally owned and operated gravel source is important for roads, infrastructure, development, and the many projects that support a growing area. Flying Heart Gravel Pit is in a good location, and much of the necessary infrastructure is already in place. Toby has operated under temporary permits and has demonstrated a willingness to comply with the rules and regulations required of him. I believe he will continue to operate responsibly and within the standards expected. Toby Merritt is a strong part of our community. He is not someone looking to use up a resource, abuse the area, and leave. He lives here, works here, and has a vested interest in doing things the right way. We need more locally owned and operated businesses like this—businesses that provide needed services while remaining accountable to the community. I believe Flying Heart Gravel Pit will benefit many people in the area and provide an important local resource for future growth. Toby has shown himself to be a responsible operator, and I support his continued operation. Sincerely, Representative McKay Erickson Wyoming House District 21 Commissioners, I support the Gravel Pit for Flying Heart Gravel on the Bedford Bench. I live at 155 Lost Creek in Thayne. With current gravel sources in the area becoming more private for the company’s personal uses such as Avail and the Kilroy gravel pit becoming less public friendly. This gravel pit will cut down on the distance I need to travel to get gravel and sand for projects around my property. I don’t see any smoke or dust created from the conditional use permit already applied to the pit. I think it is a good thing and provides much needed materials for continued development in the area that I currently need to drive to Afton or Alpine to get. Thank you, Cole Julson To whom this leter may concern: DNS Excava�on feels the need for more gravel pits is growing every year. Many of the permited gravel pits are opera�ng at less than 50% remaining capacity, not opera�ng at all, or not opera�ng at the capacity that they should be, meaning they are not making the materials needed by other contractors. I think the loca�on of the Flying Heart Gravel pit is a great loca�on and has great material in it. As long as the owner agrees to follow all the rules and guidelines set by the county commissioners, I don’t see any reason why this pit should not be permited. Or at least allowed on a two-year trial basis, a�er two years if the owner has followed all the rules and regula�ons be granted a full permit moving forward. If you have any ques�ons or concerns please feel free to reach out (307-248-0398). Sincerely DNS Excava�on To whom this may concern. I am writing this letter in support of the Flying Heart gravel pit located in Bedford. A little about myself I own State Line Construction out of Etna, Wy and have since 2023, in the past 3 years I have directly seen the rapid development in Northern Lincoln county as well as the rapid decline in aggregate availability in the Bedford/Thayne area. This leaves us contractors with the choices of dependable availability in aggregates being in the upper valley or the lower valley increasing the costs of trucking for projects located in the central valley. There are current gravel pits in the central valley but seem to be nearing the end of there mining availability, meaning mining contractors must seek new ground. We cant have progress without all of the supporting resources and aggregates play a vital role in progress/development. Best Regards, Brayden York State Line Construction byork@stateline.construction