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HomeMy WebLinkAbout202 MS 26 Alpine Valley View Third Filing PZC staff report Complete 202 MS 26 PZC APPLICANTS: High Country Solutions PROJECT NAME: Alpine Valley View Third filing COMMUNITY PLAN AREA: Alpine ZONING: Rural SURVEYOR: Surveyor Scherbel LTD. PLANNER: Ken Kuluski PARCEL ID: 3619-152-00-048 PROPOSAL: A Minor Subdivision Preliminary Plat application to subdivide 13.26 +/- acres into two (2) residential/commercial lots with an average lot size of 6.63 acres +/- in the Rural Zone. The subdivision will share access off US Highway 89 permit (LN-01C-48811). The lots will have individual wells and individual enhanced septic systems that meet current State and County standards. LOCATION: Located 3.1 miles south of Alpine, Wyoming in T36N, R119W, Section 15. ATTACHMENTS: 1. Subdivision Plat 2. Vicinity Map 3. Agency Correspondence 4. Draft Development Agreement PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 202 MS 26 Alpine Valley View Third Filing, a Minor Subdivision Preliminary Plat, with: ● Findings of Approval A thru C. ● Conditions of Approval 1 thru 6. ● A Recommendation for the Board of County Commissioners to sign the Development Agreement. LINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Minor Subdivision Preliminary Plat Application HEARING TIME AND DATE: 6:00 p.m., June 17, 2026 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 202 MS 26 202 MS 26 PZC FINDINGS OF APPROVAL: A. The proposed subdivision with conditions is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed subdivision with conditions is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed subdivision with conditions is consistent with the provisions of W.S. 18-5-301 through W.S. 18-5-315. CONDITIONS OF APPROVAL: 1. Compliance with agency requirements: The developer/owner shall obtain any and all County, State, and Federal permits, licenses, and other approvals for the construction and/or operation of the project. This may include: Local Fire District, Wyoming Department of Fire Prevention and Electrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department of Environmental Quality (WDEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 2. The developer shall enter into a Development Agreement with the County. The Development Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 60 days after approval of the Preliminary Plat or the application and approval shall be voided. Lots are not buildable until the Final Plat is recorded for each lot. 3. The developer shall 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. 4. The developer shall fully complete and execute US 89 access permit (LN-01C-48811) prior to Final Plat approval. 5. The developer shall implement a weed management plan on the property approved by Lincoln County Weed & Pest. 6. The Final Plat shall have: a. Plat warning- All new or replacement septic systems shall be Enhanced Septic Systems. b. The following Dedication of Roads and Easements: The owners and proprietors have laid out and surveyed as Alpine Valley View Third Filing, and with the specific intent to do so, do hereby dedicate and convey to and for the public use forever, whether in the county or in a future municipality through annexation, the roads and road easements as are laid out and designated on this plat. They do also create perpetual easements for the installation and maintenance of utilities and for irrigation and drainage facilities as are laid out and designated on this plat. The undersigned hereby waives and releases all rights under and by virtue of the Homestead exemption laws of the State of Wyoming. £¤89 13 09 10 16 12 010204 11 15 03 14 36N 119W Osprey LaneFalcon DriveSouth River Trail DriveBadger Road Ri v e r T r a il D r i v e Marten PlaceLongview Road Buffalo DriveFalconDriveAspen L an e C o r ra lR o a d £¤89U.S.HIGHWAY HIGH COUNTRYSOLUTIONS LLC ATTANASIO,JEREMIAH ATTANASIO, JEREMIAH MONCUR,GREGORY N & CELENA MONCUR, GREGORYN & CELENA TOWN ROAD GWIN, SAMUELC & MARGARET J TRUSTEES MCLAULIN,THOMAS & ANNEMCNIGHT, EDWIN G &JANICE A WEIGEL, DENNIS M BROKEN WHEEL RANCH ISD REEVES, FRANKP & KATHLEEN M ATTANASIO,JEREMIAH SCHNOOR,MELINDA SORENSEN,JOYCE G TRST.AUSTIN, ROBER A& ADA C ZEER,JENNIFER DSCHNOOR,MELINDAFEIK, FREDERICK G& SUSAN ROCKY MOUNTAIN ROGUES,INC KWONG, PETERC & JUDY B WARNECK, STUART L &CHRISTINA M TRUSTEES SKYHAWNEQUESTRIANCENTER, LLC STALENSKI, BONNIE A ROY, DONALD J BANKS, WES CHRISTENSEN,GARY L &KIMBERLY J TREASURE, JOHN B& MOLLY KENDALL,CRAIG L & WENDY J CUSHNER, WILLIAM C COOPER, MICHAEL J HERRING, JIMMY RTRUSTEE SCHULTE, BRENDAN GRUBBS, CODY O & CLAIR S GARCIA, ARMANDO M &WENDY M LABRA HERNANDEZ, RENE &MERISELA CHECKER OTTLEY, DAVID J &KERRI L SWAINSTON,KEVIN JENNINGS, DAVE &BILLI TETON MANAGEMENT CONSULTANTS,TRUSTEE TRAIL RIDGE PROPERTY OWNERSASSOCIATION CHRISTENSEN, GARY L &KIMBERLY J WARNECK, STUART L& CHRISTINA M TRUSTEES TRAIL SPRINGS,LLC U.S. HIGHWAY COOPER, MICHAEL J SMITS, THOMAS A & CATHERINE S BRIDGE INVESTMENTS,LLC MERCHANT,CHRISTOPHER &SUSAN WHITE, JERRYP & LORI O TRUSTEES SHEUE, THOMASE & DAWN D OMELINA, LISAC TRUSTEE SCHMEH, LISA C TRUSTEE MORNINGSTARBAPTISTCHURCH SALT RIVER COVE PROPERTY OWNERSASSOCIATIONPENK, DEBTRUSTEESTUMP, RANDY L MEIKLE,ROBERT R HOMEC,JACOB G HERNANDEZ, MARISOLSALT RIVER COVEPROPERTY OWNERS ASSOCIATION SALT RIVER COVE PROPERTYOWNERS ASSOCIATION MEIKLE, ROBERT R LT, LLC VAMCINVT, LLC Microsoft, Vantor Minor Subdivision Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No. 202 MS 26 Alpine Valley View Third Filing High Country Solutions, LLC Prepared using available data Katie Gipson on 17 April 2026. Map is for informational purposes only and in no way represents an official survey of land. March 4, 2024 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Alpine View Second Filing minor subdivision, for Skeeter Aimone, Alpine, Wyoming. SVCD always recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. We recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Plat Recommendations: Due to the Somewhat Limited and Very Limited rating for septic tanks absorption fields, SVCD recommends soil cuts as well as enhanced septic systems to protect the groundwater table. (see description in the Septic Tank Absorption Fields report, paragraph 2). 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 MARK GORDON GOVERNOR STATE ENGINEER’S OFFICE HERSCHLER BUILDING, 2-W CHEYENNE, WYOMING 82002 (307) 777-6150 seo.wyo.gov BRANDON GEBHART, P.E. STATE ENGINEER June 8, 2026 Lincoln County Board of Commissioners 925 Sage Ave., Suite 302 Kemmerer, WY 83101 planning@lincolncountywy.gov Commission@lincolncountywy.gov RE: Alpine Valley View 2nd, 202 MS 26 Dear Commissioners: The Ground Water Division of the State Engineer’s Office has received application materials pertaining to the Alpine Valley View 2nd, 202 MS 26 from the Lincoln County Planning Department, requesting information and advice. The aforementioned subdivision is proposed to be situated within the E ½ NE¼ NW¼ and the E ½ SE¼ NW¼ of Section 15 of Township 36 North, Range 119 West, Lincoln County, Wyoming. The proposed subdivision consists of splitting one lot into 2 residential lots. The proposed water supply being 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 irrigated acres associated with the subdivision lands under Permit No. 4041 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 any documentation addressing the intended disposition of these water rights. 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 Board of Control Ground Water Interstate Streams Surface Water 307-777-6178 307-777-6163 307-777-1942 307-777-6475 SALT RIVER COVE PROPERTY OWNERS’ ASSOCIATION PO Box 3762 Alpine, WY 83128 saltrivercove@gmail.com June 6, 2026 Lincoln County Planning & Zoning Commission Lincoln County Board of County Commissioners Submitted via planning@lincolncountrywy.gov Re: Concern Regarding File No. 202 MS 26, Alpine Valley View 2nd Subdivision Dear Members of the Lincoln County Planning & Zoning Commission and County Commissioners: The Salt River Cove Property Owners Association (POA) Board would like to provide a written comment regarding File No. 202 MS 26, Alpine Valley View 2nd, proposed by High Country Solutions, LLC. The application proposes a minor subdivision of approximately 13.26 acres into two rural zoned lots, with shared access from US Highway 89. The Salt River Cove subdivision is directly to the NE across Hi 89 to the proposed project. Our concerns stem primarily from not knowing the proposed or anticipated use of the proposed subdivision. Past denied applications have proposed residential development in the form of a trailer park or small residential high-density units. This type of use would require significant septic and leach field installation. Should the Commission have this application identify the intended uses or alternatives to fully assess the potential future impacts? Are zoning variances or rezoning requests anticipated? There is more to this potential “subdivision” and why is that not being addressed? . I. POTENTIAL IMPACTS TO A COMMUNITY WATER SYSTEM Salt River Cove’s domestic water is sourced as part of the Trail Ridge water supply system of wells, storage facilities and underground supply piping. The Trail Ridge POA is the administrator of the water system that provides source water to over 75 homes in Trail Ridge, along with the adjacent subdivisions of Shadow Dancer, Salt River Cove, and several other properties. Considering undeveloped lots in all three neighborhoods and the rate of residential growth within northern Lincoln County, over 100 homes and families will likely depend on this system for drinking water in the coming years. Two of the well heads that serve this community water system, along with Trail Ridge POA’s pumphouse, are located just across the northern border of the proposed Alpine Valley View subdivision – well within the identified region of public notice. Both wells operate at a relatively shallow depth (estimated around 40 feet) which makes them vulnerable to potential surface contamination and potential leaching from future septic developments. Even limited commercial or mixed-use development permissible with Rural Zoning increases that risk. As elected representatives for Salt River Cove POA, we are concerned about the potential for long-term impacts to a shared, critical resource stemming from this proposed subdivision. Salt River Cove has installed a third well within our subdivision that supplements the supply from the aquifer into the community water system. When we proposed installing our third well, both the State Engineer’s Office (SEO) and the Wyoming Department of Environmental Quality (WYDEQ), through our engineer, required a minimum 200-foot radius between the well and any existing or proposed septic leach fields. Additionally, when our subdivision was originally approved, the County required the use of enhanced engineered septic systems due to the potential risk of aquifer contamination shared by our subdivisions, as well as the rocky soils that allow for increased leaching into the relatively shallow groundwater source. We ask you to treat protection of our community water system and source water as a non-negotiable provision for the current and future applications that may arise from this proposed project. II. A DOCUMENTED SAFETY INCIDENT On August 11, 2025, at approximately 7:45 p.m., a major fire and explosion occurred on the subject parcel, immediately behind the High Country Solutions warehouse — the same operator associated with this application. The initial blast was powerful enough to physically shake residences approximately 200 yards away. Multiple secondary explosions followed. This incident occurred during a period of high fire danger from dry conditions, placing surrounding homes and residents at unnecessary risk. This is a documented public safety event tied to the type of operations the applicant conducts in this area. The Planning & Zoning Commission should consider this incident in evaluating whether approval of additional lots for this operator aligns with the Rural Zone standard of allowing limited commercial uses with low impact for neighbors. III. OPPORTUNITY TO BE HEARD For the reasons stated above, the Salt River Cove (POA) Board respectfully requests that the Lincoln County Planning & Zoning Commission and County Commissioners deny File No. 202 MS 26 in its current form. If the members are not prepared to deny the application outright, we request that: 1. A public hearing be scheduled to allow affected neighboring property owners and sub-division representatives to present testimony; 2. Any approval is provisioned by: a. Identified appropriate locations for proposed septic systems on the subdivided lots; b. An assessment or mitigation plan from an independent engineer verifying that the proposed septic systems, waste treatment, and stormwater removal plans are sufficient to protect the aquifer of the Trail Ridge community water system depends on. c. Restrictions that prohibit warehousing, chemical storage, industrial operations, junk yards, extreme high density residential or camping, race track or other uses incompatible with the surrounding residential neighborhood. We appreciate your consideration of these concerns along with the interests of the families who live in the adjacent neighborhoods. Respectfully, James Keller President, Salt River Cove Property Owners Association Board Stephen Jensen Vice President, Salt River Cove Property Owners Association Board Ruhl Heffner Treasurer, Salt River Cove Property Owners Association Board Carleen Jones Director, Salt River Cove Property Owners Association Board Steven Gili Director, Salt River Cove Property Owners Association Board Page 2 of 3 physically available. 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, Page 3 of 3 company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system for review and recommendation at least sixty (60) days prior to the submittal of the application for the subdivision permit to the board. Upon receipt of the plan, the public entity, company, association or appropriators shall notify the subdivider if and how the subdivision will create a significant additional burden or risk of liability; (C) Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision the subdivider's intent to comply with this paragraph and that the subdivider does not warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The subdivider shall further state that Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river; (D) If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the application shall include recommendations from the irrigation district regarding any changes to the attached water rights and the irrigation district's easements. If there is a conflict with the irrigation district's recommendations, the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with the irrigation district; and (E) If the subdivision will create a significant additional burden or risk of liability to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system, the subdivider shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability and evidence that the subdivider submitted the plan to the public entity, company, association or appropriators for review and recommendation regarding the adequacy of the plan Please reference “State Engineer Subdivision Review Number 2026-34-12” 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 12 Trail Ridge Property Owners Association PO Box 3246 Alpine, Wyoming 83128 June 8, 2026 Lincoln County Planning & Zoning Commission Lincoln County Board of County Commissioners Submitted via planning@lincolncountrywy.gov Re: Concern Regarding File No. 202 MS 26, Alpine Valley View 2nd Subdivision Dear Members of the Lincoln County Planning & Zoning Commission and County Commissioners: The Trail Ridge Property Owners Association (POA) Board thanks the members for an opportunity to provide a written comment in regard to File No. 202 MS 26, Alpine Valley View 2nd, proposed by High Country Solutions, LLC. The application proposes a minor subdivision of approximately 13.26 acres into two rural zoned lots, with shared access from US Highway 89. The Trail Ridge subdivision borders the proposed project immediately to the north and east. I. POTENTIAL IMPACTS TO A COMMUNITY WATER SYSTEM Trail Ridge POA is an administrator to an existing community water system that provides source water to over 75 homes in Trail Ridge, along with the adjacent subdivisions of Shadow Dancer, Salt River Cove, and several other properties. Considering undeveloped lots in all three neighborhoods and the rate of residential growth within northern Lincoln County, over 100 homes and families will likely depend on this system for drinking water in the coming years. Two of the well heads that serve this community water system, along with Trail Ridge POA’s pumphouse, are located just across the northern border of the proposed Alpine Valley View subdivision – well within the identified region of public notice. Both wells operate at a relatively shallow depth (estimated around 40 feet) which makes them more vulnerable to potential surface contamination. Even limited commercial or mixed-use development permissible with Rural Zoning increases that risk. As elected representatives for Trail Ridge POA and administrators for our community water system, we are concerned about the potential for long-term impacts to a shared, critical resource stemming from this proposed subdivision. We ask you to treat protection of our community water system and source water as a non-negotiable provision for the current and future applications that may arise from this proposed project. Trail Ridge POA Comment Letter ⏐ 1 II. A DOCUMENTED SAFETY INCIDENT On August 11, 2025, at approximately 7:45 p.m., a major fire and explosion occurred on the subject parcel, immediately behind the High Country Solutions warehouse — the same operator associated with this application. The initial blast was powerful enough to physically shake residences approximately 200 yards away. Multiple secondary explosions followed. This incident occurred during a period of high fire danger from dry conditions, placing surrounding homes and residents at unnecessary risk. This is a documented public safety event tied to the type of operations the applicant conducts in this area. The Planning & Zoning Commission should consider this incident in evaluating whether approval of additional lots for this operator aligns with the Rural Zone standard of allowing limited commercial uses with low impact for neighbors. III. OPPORTUNITY TO BE HEARD For the reasons stated above, the Trail Ridge Property Owners Association Board respectfully requests that the Lincoln County Planning & Zoning Commission and County Commissioners deny File No. 202 MS 26 in its current form. If the members are not prepared to deny the application outright, we request that: 1. A public hearing be scheduled to allow affected neighboring property owners to present testimony; 2. Any approval is provisioned by: a. Identified locations for proposed septic systems on the subdivided lots; b. An assessment or mitigation plan from an independent engineer verifying that the proposed septic systems, waste treatment, and stormwater removal plans are sufficient to protect the aquifer the Trail Ridge community water system depends on. c. Restrictions that prohibit warehousing, chemical storage, industrial operations, and other uses incompatible with the surrounding residential neighborhood. We appreciate your consideration of these concerns along with the interests of the families who live in the adjacent neighborhoods. Respectfully, Carlie J. Ideker President, Trail Ridge Property Owners Association Board Jeri Hurley Vice President, Trail Ridge Property Owners Association Board Wendy Kendall Treasurer, Trail Ridge Property Owners Association Board Roger Cook, Jr. Member-At-Large, Trail Ridge Property Owners Association Board Trail Ridge POA Comment Letter ⏐ 2 202 MS 26 Page 1 of 10 DEVELOPMENT AGREEMENT FOR Alpine Valley View Third Filing FILE NO. 202 MS 26 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2026 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and High Country Solutions, a Wyoming limited liability company dated April 4, 2023 hereinafter referred to as “OWNER/DEVELOPER,” whose address is P.O. Box 3567, Alpine, WY 83128. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 202 MS 26 Alpine Valley View Third Filing to subdivide approximately 13.26 acres into 2 lots as set forth in the Preliminary Plat; and WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit A) located in the County; and WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the Final Plat application by the Lincoln County Board of County Commissioners and the Final Plat recordation in the Office of the Lincoln County Clerk of Suncrest View; 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. 202 MS 26 Alpine Valley View Third Filing on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future mention to the term SUBDIVISION. 1.2 IMPROVEMENT: Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development. 1.3 OWNER/DEVELOPER: means and refers to and High Country Solutions, a Wyoming limited liability company dated April 4, 2023 whose address is P.O. Box 3567, Alpine WY 83128, 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 13.26 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 202 MS 26 Page 2 of 10 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: ● Install electrical power and communication lines to each identified lot. ● Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. ● Reseed disturbed areas to avoid weed infestation and erosion. ● Meet subdivision fencing laws per Wyoming Statute 18-5-319. ● Meet the conditions of approval set forth by the Board of County Commissioners. 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) 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 Development 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. 202 MS 26 Page 3 of 10 Section 7. Inspections. The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of the SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements. The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of “as built” plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as built” plans and specifications. Upon inspection, the County shall give written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written 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 202 MS 26 Page 4 of 10 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 Road Maintenance Agreement, HOA, CCR, Special Improvement District, or Mutual Benefit Corporation 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 925 Sage Ave., Ste 201 Kemmerer, WY 83101 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: High Country Solutions, a Wyoming limited liability company dated April 4, 2023. P.O. Box 3567 Alpine, WY 83128 202 MS 26 Page 5 of 10 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 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. 202 MS 26 Page 6 of 10 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. 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. 202 MS 26 Page 7 of 10 Section 27. Effective Date. This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY ________________________________ Date: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 202 MS 26 Page 8 of 10 OWNER/DEVELOPER ________________________________ Date: ______________________ Skeeter Aimone, High Country Solutions, a Wyoming limited liability company dated April 4, 2023 STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Skeeter Aimone, of High Country Solutions, a Wyoming limited liability company dated April 4, 2023, this ____ day of ______________ 2026. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 202 MS 26 Page 9 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Alpine Valley View Third Filing 13.26 +/- acres within Section 15, Township 36 North, Range 119 West, in, Lincoln County, Wyoming. 202 MS 26 Page 10 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached