HomeMy WebLinkAbout706 MA 26 Sky Ridge BCC Staff Report Complete updated 7-2-2026
706 MA 26 BCC
APPLICANTS: Star Valley Narrows, LLC PROJECT NAME: Sky Ridge Subdivision
COMMUNITY PLAN AREA: Thayne ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Ken Kuluski PARCEL ID: 3419-351-00-150
PROPOSAL: A Major Subdivision Preliminary Plat Application to subdivide 30.96 +/- acres into six
(6) residential lots with an average lot size of 5.16 +/- acres in the Rural Zone. The subdivision road will
access from U.S Highway 89. LOCATION: Located less than a mile south of Thayne, Wyoming in T34N, R119W, Section 35 ___________________________________________________________________________________
ATTACHMENTS: 1. Preliminary Plat
2. Vicinity Map 3. Agency Correspondence 4. Developers Agreement
PLANNING STAFF RECOMMENDATION: The Planning & Zoning Commission recommends that the Board of County Commissioners APPROVE File #706 MA 26 Sky Ridge Subdivision, a Major Subdivision Preliminary Plat, with:
● Findings of Approval A thru C.
● Conditions of Approval 1 thru 7.
● A Recommendation for the Board of County Commissioners to sign the Development Agreement.
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
Major Subdivision Preliminary Plat Application
HEARING TIME AND DATE: 10:00 a.m., July 8, 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 # 706 MA 26
706 MA 26 BCC
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. 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 provide as-builts for the subdivision road to the Planning Office.
4. The developer shall indicate on the Plat any areas that are unbuildable or slopes above 30%. 5. Developer shall follow the Stormwater Pollution Prevention Plan submitted by Sunrise Engineering. 6. 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. 7. The Final Plat shall have: a. Plat warning- All dwellings shall have a fire suppression system approved by a Wyoming Licensed Engineer prior to occupancy.
b. In order to meet requirements established in Wyoming Water Quality Rules, Chapter 23
Section 7(d)(viii)(A)(I) and to meet the requirements of Source Water Protection Zone 2,
individual septic systems are required to be enhanced treatment systems with advanced nitrogen removal technology that is capable of achieving a nitrate concentration of less than 10 mg/L at the downgradient property boundary. Per WQR Chapters 11 and 23, all
enhanced treatment systems must be permitted and approved by the WDEQ. A Wyoming
Registered Professional Engineer must design the enhanced treatment systems (WQR
Chapter 23, Section 7(d)(viii)(E)). c. After domestic well installation and prior to use, the WDEQ WQD recommends that homeowners have their well sampled for the following constituents (abbreviations). In
addition, the WQD suggests homeowners have their well tested on a semi-regular schedule
(see knowyourwell.org). d. The following Dedication of Roads and Easements:
706 MA 26 BCC
that the owners and proprietors have laid out and had surveyed Sky Ridge 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 Sky Ridge Court as they are laid out and designated hereon;
that the easements for future connectivity roads as they are laid out and designated hereon become vested to Lincoln County for public use forever upon actual development of an adjoining parcel with a similar connecting road as evidenced by an approved preliminary subdivision plat noting, however, that
such easements cannot be utilized as primary access to the future subdivision, unless primary access is
negotiated between the future developer and the owners of this subdivision as evidenced by a written agreement;
that said granting and conveying of the above-described public easements in no way obligates the Lincoln County Commissioners to construct or maintain such roads nor does it relieve the developer of
the obligation to construct or maintain such road(s) according to the requirements of the Lincoln County
Subdivision Regulations; that the easements shown hereon identical with Sky Ridge Court 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
AGENCY CORRESPONDENCE: Lincoln County Weed & Pest: At the time of inspection, there was Yellow Toad Flax on the property.
For this species I recommend using Escort at 1oz/acre. The optimal treatment time would be during the
Fall season for Yellow Toadflax. If any noxious weeds become present, please take steps to eradicate
them. Star Valley Conservation District: 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 also 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.
Wyoming Department of Transportation: WYDOT has no objections for the subdivision. WYDOT
access permit number LN-01C-48746.
706 MA 26 BCC
Wyoming 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 there are no existing water rights of record that attach to the subdivision lands. Given this, further action on the part of the subdivider or his agent in addressing Wyoming Statute 18-5-306 (a) (xi) is not required
Wyoming Department of Environmental Quality: Based on the materials and information presently
submitted for this Chapter 23 subdivision application, the WDEQ is issuing a “Non-Adverse” recommendation applicable to the Subdivision under the condition that the "Notes Required to Be Added to the Final Plat" are included in the final plat. If the "Notes Required to Be Added to the Final Plat"
are not added to the plat, then WDEQ's recommendation would be “Adverse”
Notes Required to Be Added to the Final Plat: • In order to meet requirements established in Wyoming Water Quality Rules, Chapter 23 Section
7(d)(viii)(A)(I) and to meet the requirements of Source Water Protection Zone 2, individual septic systems
are required to be enhanced treatment systems with advanced nitrogen removal technology that is capable
of achieving a nitrate concentration of less than 10 mg/L at the downgradient property boundary. Per WQR Chapters 11 and 23, all enhanced treatment systems must be permitted and approved by the WDEQ. A Wyoming Registered Professional Engineer must design the enhanced treatment systems (WQR Chapter
23, Section 7(d)(viii)(E)).
• After domestic well installation and prior to use, the WDEQ WQD recommends that homeowners
have their well sampled for the following constituents (abbreviations). In addition, the WQD suggests homeowners have their well tested on a semi-regular schedule (see knowyourwell.org).
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ADAM C TRUSTEE
Vantor
Major Subdivision Application
Roads
Road_Type
US Highways
WY Highways
Projects
Public Noticing
Township & Range
Sections
Municipalities
File No. 706 MA 26
Sky Ridge Subdivision
Star Valley Narrows, LLC
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.
State Engineer’s Office
HERSCHLER BUILDING, 2 WEST
CHEYENNE, WYOMING 82002
(307) 777-6150
MARK GORDON
GOVERNOR
BRANDON GEBHART, P.E.
STATE ENGINEER
Apr 14, 2026
Lincoln County Board of Commissioners
925 Sage Ave., Suite 302
Kemmerer, WY 83101
planning@lincolncountywy.gov
commission@lincolncountywy.gov
RE: Sky Ridge Subdivision, WDEQ 2026-0088
Dear Commissioners:
The Ground Water Division of the State Engineer’s Office has received application materials
pertaining to the Sky Ridge Subdivision, WDEQ 2026-0088 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 NE¼ NE¼, and NE¼ SE¼
of Section 35 of Township 34 North, Range 119 West, Lincoln County, Wyoming. The
subdivision comprises 6 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 there are no existing water rights of record that attach to the
subdivision lands. Given this, further action on the part of the subdivider or his agent in
addressing Wyoming Statute 18-5-306 (a) (xi) is not required.
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.
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. Any deviation from the established Minimum Construction Standards must be
approved in advance by Ground Water Staff.
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
Surface Water Ground Water Board of Control
(307) 777-6475 (307) 777-6163 (307) 777-6178
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.
Please reference “State Engineer Subdivision Review Number 2026-19-12” 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: Adam Kiefenheim, PE, Southwest District Engineer, Wyoming DEQ Water Quality
Division
Sky Ridge Subdivision Subdivision, WDEQ 2026-0088 Page 2
200 West 17th Street, Cheyenne, WY 82002 · http://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
May 15, 2026
Lincoln County Board of Commissioners
925 Sage Avenue
Kemmerer, WY 823101
RE: Non-Adverse Recommendation
Subdivision, Lincoln County
WDEQ-WQD Application #2026-0088
Dear Commissioners:
The Wyoming Department of Environmental Quality - Water Quality Division (WDEQ-WQD) has completed the review
of the proposed Subdivision located in the Section 35, Township 34N, Range 119W, Qtrqtr E2NE in Lincoln County,
Wyoming. The Subdivision will create 6 lots out of approximately 31 acres. The information was submitted by Daniel
Mangus, Manager, Star Valley Narrows, LLC, and was signed by Ryan J Erickson, PE, and Dominique Brough, PG,
Wyoming Licensed Engineer and Wyoming Professional Geologist, respectively. This letter represents the
recommendations of the WDEQ-WQD 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, provided the
statements indicated in the “Notes Required to be Added to the Final Plat” are adhered to.
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, provided
compliance with the statements indicated in the “Notes Required to be Added to the Final Plat” are
adhered to.
Non-Adverse Recommendation
Subdivision, Lincoln County
WDEQ-WQD Application #2026-0088
Page 2 of 4
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 not 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:
• In order to meet requirements established in Wyoming Water Quality Rules, Chapter 23 Section
7(d)(viii)(A)(I) and to meet the requirements of Source Water Protection Zone 2, individual septic systems are
required to be enhanced treatment systems with advanced nitrogen removal technology that is capable of
achieving a nitrate concentration of less than 10 mg/L at the downgradient property boundary. Per WQR
Chapters 11 and 23, all enhanced treatment systems must be permitted and approved by the WDEQ. A
Wyoming Registered Professional Engineer must design the enhanced treatment systems (WQR Chapter 23,
Section 7(d)(viii)(E)).
• After domestic well installation and prior to use, the WDEQ WQD recommends that homeowners have their
well sampled for the following constituents (abbreviations). In addition, the WQD suggests homeowners have
their well tested on a semi-regular schedule (see knowyourwell.org).
CONCLUSIONS:
Based on the materials and information presently submitted for this Chapter 23 subdivision application, the WDEQ is
issuing a “Non-Adverse” recommendation applicable to the Subdivision under the condition that the "Notes Required
to Be Added to the Final Plat" are included in the final plat. If the "Notes Required to Be Added to the Final Plat" are
not added to the plat, then WDEQ's recommendation would be “Adverse.”
Non-Adverse Recommendation
Subdivision, Lincoln County
WDEQ-WQD Application #2026-0088
Page 3 of 4
Disclaimer:
Nothing in The Department of Environmental Quality recommendations or comments regarding the proposal for the
Subdivision shall be construed to relieve Daniel Mangus, or Star Valley Narrows, LLC, 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,
Adam Keifenheim, P.E.
SW District Engineer
Water & Wastewater Section, Water Quality Division
Lily R. Barkau, P.G.
Groundwater Section Manager
Groundwater Section, Water Quality Division
cc: Ryan J. Erickson, rerickson@sunrise-eng.com
IMS Cheyenne
Non-Adverse Recommendation
Subdivision, Lincoln County
WDEQ-WQD Application #2026-0088
Page 4 of 4
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 Conventional System Enhanced System
3 Bedrooms 9.03 mg/L 4.03 mg/L
4 Bedrooms 10.09 mg/L 1.30 mg/L
5 Bedrooms 11.60 mg/L 1.44 mg/L
Chapter 23 Appendix B – Minimum Isolation Distances Analysis
Number of Bedrooms Vertical Travel Time – t1
3 Bedrooms 1,178 days or 3.23 years
4 Bedrooms 1,075 days or 2.95 years
5 Bedrooms 1,013 days or 2.78 years
Number of Bedrooms Horizontal Travel Distance1
3 Bedrooms NA
4 Bedrooms NA
5 Bedrooms NA
1 When the vertical time of travel is greater than 2 years, the horizontal travel distance does not need to be calculated.
Chapter 23 Appendix C – Public Water Supply Analysis
Nitrate concentration at a public drinking water supply well from drainfields that fall within the capture zone of
the well. The Cp = 0.88 mg/L.
August 12, 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 Star Valley Narrows subdivision south of Thayne WY in the narrows. Due to a large variation of groundwater levels in this section SVCD 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.
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
706 MA 26
Page 1 of 11
DEVELOPMENT AGREEMENT
FOR SKY RIDGE SUBDIVISION
FILE NO. 706 MA 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 Star Valley Narrows, LLC, a Wyoming limited liability company hereinafter referred to as “OWNER/DEVELOPER,” whose address is P.O. Box 1398, Thayne, WY 83127
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No. 706 MA 26 Sky Ridge Subdivision to subdivide approximately 30.96 +/- 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 Sky Ridge Subdivision. 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. 706 MA 26 Sky Ridge Subdivision 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 Star Valley Narrows, LLC, whose address is P.O. Box 1398, Thayne, WY 83127 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 30.96 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A.
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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. 2. Submit a Water Distribution Plan to the State Engineer’s Office if water rights exist on the property.
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 provide as-built drawings for the subdivision road.
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
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Page 3 of 11
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 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
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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 925 Sage Ave., Ste 201 Kemmerer, WY 83101
Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following addresses:
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Star Valley Narrows, LLC, P.O. Box 1398 Thayne, WY 83127
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
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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. 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.
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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.
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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
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OWNER/DEVELOPER
________________________________ Date: ______________________
Daniel Mangus, Manager
Star Valley Narrows, LLC,
STATE OF WYOMING )
) ss COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by, ______________________, Daniel Mangus, Manager of Star Valley Narrows, LLC, A Wyoming limited liability company, this ____ day of ______________ 2026.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public My Commission expires: ________________
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EXHIBIT A
DESCRIPTION OF PROPERTY
Sky Ridge Subdivision 30.96 +/- acres within Section 35, Township 34 North, Range 119 West, in, Lincoln County, Wyoming.
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EXHIBIT B
APPROVED PRELIMINARY PLAT See Attached