i Of2IJER N0. E269~ AF~F'ROVAL ~F VARIANCE FOR SYSTEM LOCATED AT VERDE F'ARf. ~STA1"ES 7 7, LO1" i CEN1"ER F'OIhll', 'TX On this the c::_n~ day of May 1995, ~_~pon motion made by Commissioner^ Leeman, seconded by Commissioner^ Nolekamp, the Co~_~rt unaniAOUSiy approved by a vote of 3-0-0, t~ have David Litke, Ker^r^ Co~_inty Envir^onmental Health Officer^ iss~.ie a per^mit for^ license to the system located at Verde Fear^k Estates II, Lot 1 Center^ F'oint, with r^egar^ds to testimony given by JoAnnn Keiler Ellington. t '` -` 1 JUDGE DENSON AS PER OUR TELEPHONE COPIVER~ATION I WOULD LIKE TO SAY THANK YOU FOR LETTIPlG ME WRITE THE COMMISSIO~!FP.S COURT ABOUT THE SEPTIC SYSTEM ON MY PLACE. IT'S HARD TO ASK FOR TIME OFF WHEN YOU JI~ST START' ,A JOB. AGA~I~N THANK~YOU. I AM WRITING TO APPEAL THE DECISION OF THE ENVIRONMENTAL HEALTH DEPARTMENT ON THE SEPTi,C SYSTEM ON MY PLACE, VERDIE PARK""II LOT 1. THE SYSTEM WAS PUT IN BY DICK HALL IN JAN. !32 BFFOR WE EVER BUILT TiIHE HOUSE WE HAD MR. HALL TELL US GIHERE AND WHAT KIND OF A SYSTEM WF MOULD NEED. HE HAD THE ENVIRONMENTAL HEALTH DEPT.(NOT THE SAME DEPARTMENT AS NOW, OR AT LEASE THAT WHAT I G:~AS TOLD.:)COME OUT T(~- TfiF '~". / LAND. THE ENVIRONMENTAL HEALTH DEPT. RA.N FOUR PURK `'T~S~~':~TO MAKE SURE OF THERE FINDINGS. THE TESTS SH04lED THAT THE LAND DIDN'T HOLD WA.TFR. MR.HA'LL PUT TN THE SYSTEM AS PER THE ENVIRONMENTAL HEALTH DEPT. ,CODE. THEY DIDN'T ISSUE US A LICENS BECAUSE WE WERE 1500 FT AWAY FROM ANY 41ATER LINE. AT THAT TIME THE ONLY TIP~E THEY GAVE A LICENS IS IF YOU GIERE 300 FT._OR CLOSER TO A WATER LIPJE. THE LINES WERE THE ONLY THING THAT DIDN'T PASS . THE EPJVIRONMEN'rAL HEALTH DEPT. TOLD MR. HALL AS WELL AS US TO MTX THE DIRT AND ROCK TOGATHER UNDER THE LINES. WE HAD THE DIRT HAULED IN. AND MR.HALL ~ " DID JUST WHAT HE GJAS TOLD TO D0. • THE SYSTEM HAS NEVER FAILED TO WORK. NOT EVE~`J DUF TO RAIN OR AP1Y OTHER CONDITIONS. ~: I DID WHAT WAS NEEDED OF~ME TO PUT IP! A GOOD SEPTIC SYSTEM. AND IT HAS BEEN A VERY GOOD SYSTEM. THE LADY THAT IS BUYING MY PLACE IS AU!ARE OF EVERYTHTNG. SHE IS BUYING THE PLACE AS IS. AND I AM SENDING YOU A COPY OF BOTH,THE PAPER SHE SIGNED,SAYING SHE IS INFORMED ABOUT THE SEPTIC SYSTEM „AND THE ONE I SIGNED ABOUT THE SYSTEM. OUR CLOSING DATE IS SET FOR MAY22,1995.~I KNOW THAT IS THE DAY YOU 4JILL Mf~ET AGAIN, AND IF YOU SEI= IT MY IrIA.Y, b1E CAN STILL CLOSE. I WILL BE DOING MINE BY MAIL OR FAX., I DONUT KNOW WHICH ONE YET. ... JAN PATP.TN TS MY REALTOR, AND YOU CAN.GIVE ANY INFOR- MATION TO HER ON THE OUT COME OF YOUR DECISION!. . THE HOUSE CO. 800--6211819 OR HOME #210-634-?_518 AGAIN THANK YOU FOR YOUR TIME', AND LETTING ME DO THIS THROUGH THE MAIL. THANK YO ? ~ ., r JO NN KELLER ELLINGTON 18 PATRICK RD. WACO,TEXAS 78708 817-836-9068 HM# 817-772-1808 WK# 2 v'~ °~~ o~ ~. March 21. 1995 ~~-~ KERR COUNTY ~~ ENVIRONMENTAL HEALTH DEPAiti~I'MENT 4000 San Antonio Hwy. Kerrville, Tezas 78028 (2101 886-5101 Joann Keller Ellington P.O. Box 2357 Waco, Texas 76702 Subject: Inspection of on-site sewage facility located at Verde Park Estates IL Lot 1. Center Point Texas. Dear Ms. El[ngton: v I ivint~ii i7 i~ilu Mw^vt: 2~, 1 OOi~ ^^ ~~r P,~ti~~ at t}ZA c»~t~Prt ~~1C3h~lfl; revealed that the on-S1te ~ ~~/~~ /~I sewage facility needs upgrading. ~ / L,a(:d'i This inspection revealed that the septic tank was leaking even after water testing. The drauifield ~~ was improperly constructed with no gravel and little to no soil for treatment under the trench bottom The drainfield pipe had sludge built up inside it. The upper side of the drainfield and its condition was undetcrminec~} This site has limited soils over caliche and rock layers which requires an alternative system to be installed. Alternative systems require a professional engineer or a registered sanitarian to design the system to the soil and site conditions pr~;sent. The septic tank if repaired to be water tt~ght ma~ be used as part of the new facility. ~ o ~~ ~/ The design plan must be submitted to this d artment before a ernut to construct can ' eP p be ~ssued_ A license to operate must be obtained after the system is installed and before the system can be used. An additional fcc of $100.00 will be required to cover the repair installation inspections. If a facility using surface irrigation is chosen, an affidavit to the public and filing fee of $9.00 cash will also be requirea SinccrclV, ~, David L. Litke Director cc File #.95-73 cc Jan Patrin, The House Co. 605 South Main Boerne, Texas 78006 ~ RecyGetl Paper APRIL 24-95 I TAMMY SCHMIDT AM BUYING THE PROPERTY AT VERDIE PARK EST. II LOT 1 AS IS THIS INCLUDES 'THE SEPTtC~~ ` SYSTEM ON THE PROPERTY. I HAVE BEEN INFORMED THAT THE ONLY REASON THE SEPTIC SYSTEM DID NOT PASS IS BFI'",USE OF THE LINES. I HAVE ALSO BEEN INFORMED THAT IN DEC. 81 AND JAN 82, ACE SEPTIC OWN(BY AND IPJSTALLED)BY DICK HALL PUT IN THE SYSTEM AS PER THE ENVIRONMENTAL HEALTH DEPT. STANDERS AFTER THEY HAD RA.N FOUR PURK TEST. I ALSO UNDERSTAND THAT AT THAT TIME THE REASON A LICENSE WAS NOT ISSUED WAS BECAUSE THE PO~RPERTY WAS MORE THEN 300 FEET AWAY FROM ANY IJATER LINE. I HAVE BEEN INFORMED THAT THE SYSTEM HAS NEVER FAILED AND UNTIL MARr,H.OF~..95_ IT HAD NEVER BEEN PU>`1PED OUT. JOANN KELLER ELLINGTON HAS ALSO SIGNED A STATMENT ' TO THIS FACT. ~~ i A41 RELEASIJJ G JAN PATRIN AND THE HOUSE CO. AS WELL AS JOANN KELLER ELLI~lGTON FRON ANY AND ALL RESPONSIBILITY ON THE SEPTIC SY STEM. r ~ ~° . , , , DATE TAMMY SCHMIDT J l~ ANNABEL KELLER WITNESS ti ti APRIL 24,1995 I JOANN KELLER ELLINGTOPJ DO HERE BY SWEAR THAT THE STATMENT I GIVE HERE IS TRUE. THE SEPTIC SYSTEM PUT IN ON MY PROPEP,TY AT VERDIE EST. II LOT 1 HAS NEVER FAILED TO WORM NOR HAS• THERE BE[_'~' ANY TROUBLE FROM THE SYSTEM DUE TO RAIN OR ANYTHING ELSE. I.ALSO~ STATE THAT UNTIL THIS YEAR(MARCH 95) IS THF. FIRST TIME IT HAS EVER BEEN PUMPED OUT. THE SYSTEM IS IN GRATE WORKING ORDER. DATE J ANN~KELLER ELLINGTON ~ / ~. ~~ ~ / ' aNNABEL KELLER WITNESS ~ "" Consider and discuss property ioriginally owned by Bobby Shelton and now awned by Federal Land Bank) that has been identified as area under FF~4A Flood Plain and determine present status of the property and possible solutions. David Litke submitted a letter regarding the flood plain improvements for Nawlin Hollow Creek and Shady Grove unnamed tributary, Shelton Apple Orchards. Determining factors involved are increase or decrease in water velocities, in water carrying capacity, in flood damage by debris and water courses, correct sizing of culvert for river road, protection of river road itself from water damage, minimized impact upon the floodway and detailed flood plain of the Guadalupe River and erosion control and bank stabilization for the river and the water courses. The Court would like for David and Ilsa to look into this nx~re. ~~ ,, KERR COUNTY ~~" ENVIRONMENTAL HEALTH DEPARTMENT ~C ;~> - ~~ 101 Spur 100 '`'~~. ,~~ r ~ Kerrville, Texas 78028 (512) 896-5101 January 7, 1991 Mr. David Sheets Texas Orchards, L. P. P. 0. Sox 1107 Kerrville, Texas 78029-1107 Subject: Floodplain improvements for Nowlin Hollow Creek and Shady Grove unnamed tributary, Shelton Ranch Apple Orchards Dear Mr. Sheets After meeting with you last Friday, I reviewed the floodplain information and consulted with Mr. Keith Krause of the Texas Water Commission. Even though no structures are involved, the straightening and realigning of a water course must be evaluated and formally permitted. Enclosed is an application for a development permit. A permit fee of X75.00 payable to Kerr County Environmental Health Department must accompany the application. Also enclosed are copies of the floodplain mans for the affected area. An engineering study must accompany the application. Considerations for evaluation include determining: 1. Increase or decrease in water velocities, 2. Increase or decrease in water carrying capacity, 3. Increase or decrease in flood damage by debris and velocities, 4. Increase or decrease in flood levels of the Guadalupe River and the subject water courses, 5. Correct sizing of culvert for river road, 6. Protection of river road itself from water damage, 7. Minimized impact upon the floodway and detailed floodplain of the Guadalupe River, and ~ J ~, ~ ~ _. page 2 8. Erosion control and bank stabilization for the river and the watercourses. If you have any further questions, please call. ~- - Sincerely ,.s- - ~~ ' - David L. Litke eJ 9 .' Enclosures