ORDER NO. ^c7294 RUTHORIZATION OF COMMISSIONERS' COURT TO WRITE LETTER TO TNRCC REGRRDING HRRRISON TRRCT On this the 22nd day of October^ 2x01, upon motion by Commissioner- William, seconded 6y Commissioner- Letz, the Court unanimously approved 6y a vote 4-0-0, to authorize the writing of a letter- to the T. N. R. C. C. r•egar•ding variance for the placement of O. S. S. F. dr•ainfield on Lot 1, Block ^c and Lot 1, Block 3 of the Harrison Tract, Center Point, Texas. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: William H. Williams OFFICE: Commissioner, Pct. 2 MEETING DATE: *~~ '- QCr, y y p - TIME PREFERRED: SUBJECT: (Please be specific) Consider and discuss granting vaziance for the placement of OSSF drainfield on Lot 1, Block 2 and T,ot 1, Block 3 of the Harrison Tract, Center Point, Tx., owned by Eddie and Joyce Sowell, due to close proximity to Wiedenfeld Water Works public water supply well (Site drawings to be provided by Mr. SowelQ. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Eddie Sowell and Commissioner, Pct. 2 ESTIMATED LENGTH OF PRESENTATION: 15 mins. IF PERSONNEL MATTER NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECENED BY: THIS REQUEST RECENED ON All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your request being addressed at the earliest opportunity. See Agenda Request Rule adopted by Commissioners Court. MEMORANDUM To: Commissioners Court From: WHW, Pct. 2 Subject: Eddie Sowell, Center Point, Request for variance. This matter has evolved to the point that a property owner now finds himself in a position of being between the rock and the hard place, with nowhere to turn for relief. Mr. Sowell came before the Court in January seeking a vaziance to a UGRA ruling to replace his old, undersized septic system While believing such a requirement was unnecessary, he nonetheless agreed to do so. The problem now is that his property and septic system are within the 150 radius of a public water system, for which the water system owner sought and was denied a sanitary easement by Mr. Sowell. The court would not entertain any discussion of sanitary easements, etc. during Mr. Sowell's January appearance. He was advised to take up these matters with the TNRCC. He has attempted to do this, without success. Mr. Barron, Kerr County's Designated Representative has attempted to obtain relief from TNRCC on Mr. Sowell's behalf, but with no success. What we now have is a situation where a property owner is being denied full and complete use of his property because: either TNRCC failed to administer its responsibilities properly when the application for a public water supply well permit was filed (if in fact it was), or its reluctance to sign off on Mr. Barron's letter of August 28, 2001, which sites current rules which, in effect, allow Mr. Sowell to do with his property as he sees fit. Where do we go from here? May 25, 2001 Guadalupe Basin Natural Resources Center 125 Lehmann Drive Ste. 100 Kemille, Texas 78028-5908 (830)896.5445 Fax (830) 257-2621 E-mail: ugmadmn®ugraorg Kerr County Commissioners' Court Kerr County Courthouse 700 Main Street Kerrville, TX 78028 RE: On-site Sewage Facility for Eddie & Joyce Sowell 218 River Road, Center Point, Kerr County, TX R48462, Harrison Tract, Block 2, Lot 1, Acres 0.404 R48465, Harrison Tract, Block 3, Lot 1, Acres 0.726 Dear Commissioners: Mr. Eddie Sowell contacted me to ask if I would write a letter to you stating which type of variance he needs to be granted. Mr. Sowell is requesting a variance [o the TNRCC OSSF Rules dealing with the separation distances from public water well (Table X in TNRCC Rules). After reviewing the planning materials, I feel they meet all other State and Kerr County Rules. Nevertheless, Ibelieve aLow-Pressure Dosing (LPD) system would be a better choice for this site, given the soil conditions (gravel), and the close proximity to the Guadalupe River. An LPD system could be installed in the front yard and out of the 150-ft. radius of the well. Mr. Sowell is also proposing to add on to the front of his house. If the proposed addition were completed, only a portion of the drainfield would fit in the front yard out of the 150-foot radius of the well. If the addition to the home were in the back, the entire system would fit in the front yard. This is one way to forgo having to grant a variance. Sincerel ~ Stuart J. Barron Kerr County OSSF Designated Representative SJB:psh cc: UGRA OSSF File No. 098-403 August 28, 2001 Guadalupe Basin IVaturai Resources Center l25 Lehmann Dive Ste. l00 Kemille, Texas 78028-5908 (630)896.5445 Fax (830) 257-2621 E-mail: ugraadm®ugra.org Warren D. Samuelson, PE Team Leader On-Site Sewage Facilities Program, MC-178 TNRCC P. 0. Box 13087 Austin, TX 78 71 1-308 7 Dear Mr. Samuelson: I[ is my understanding that if an exception [o a public water well's sanitary easement is needed, TNRCC can grant one if: 1. A copy of the well log is submitted. 2. A copy of the sanitary easement is submitted (preferably showing all [he OSSF's that are located within the 150' radius of the well.) 3. The owner collects and submits a sample of raw water from the well for bacteriological analysis each month. (These sample results shall be filed for review by Commission staff.) If these criteria are met, an exception to the sanitary easement can be granted. If an exception to [he sanitary easement is granted, TNRCC cannot stop an alteration, repair. upgrade or replacement of an OSSF that is located within the 150' radius of the well, because the OSSF was present before the well was drilled. TNRCC Water Utilities Division must have felt that there was adequate protection a[ the time the well was drilled or they would not have allowed an exception to [he sanitary easement. Some adjoining properties do not have enough room outside of the 150' radius to install an OSSF. By acknowledging this letter with your signature you are approving the alteration, repair. upgrade or replacement of an OSSF in a 150' radius of a public well, given all other criteria is met, and the system is placed as far away from the well as possible. If TNRCC does not share this viewpoint with me, please send me a letter as to what a homeowner with a small tract that needs to replace his OSSF or install a new OSSF is allowed to do. Sincer ~ ~~ Stuart J. Barro~!^ """'~ Kerr County OSSF DR SJB:psh cc: Ken Graber, R.S., TNRCC OSSF Program Eddie & Joyce Sowell, HCl Box 297-25, Center Point, TX 78010 UGRA OSSF File No. 098-403 TNRCC ACKNOWLEDGMENT: TNRCC OSSF Division Date Signed Wiedenfeld Water Works, Incorporated 220 River Road P. O. Box 418 Center Point, Texas 78010 830/634-2321 February 19, 1999 Request for: Execution of Sanitary Control Easement around public supply well. Dear Grantee: Wiedenfeld Water Works, Incorporated is required to have a Sanitary Control Easement extending 150 feet from each well supplying water to the public. A portion of your property is affected by this requirement. Enclosed is a prepared document with attached drawing,9 that describe the restrictions imposed by the easement and the affected portion of your property. Even though some of you have existing septic systems within this proposed easement, it is my understanding that the law dcea not mandate your removal of that septic from this easement, but possibly my abandonment of the well. T am offering to compensate you for granting this easement in the form of a S 100.00 payment, paid upon the proper execution of the easement. Additionally, you have the right to deny granting of the easement and for which I will need your acknowledgment and statement. Please respond within 5 days with your intentions and daytime phone number and we will contact you for an appointment to execute this document, tovnclude having a notary available at this appointment. The easements will then be recorded by Wiedenfeld Water Works, Incorporated with the Kerr County Clerk's Office. 'Thank you in advance for your cooperation on these matters and if I can answer any question please contact me through pager number 830/895-6955. Sincerely submitted, ~~~~~ ~ R. Charles Wiedenfeld Wiedenfeld Water Works, Incorporated SANTTARY CONTROL EASEMENT GRANTOR: Eddie D. & Joyce L. Sowell, HC 1, Boz 297-25, Center Point, Texas 78010. GRANTEE: Wiedenfeld Water Works, Incorporated, 220 River Road, P. O. Box 418, Center Point, Texas 18010. Sanitary Control Easement: Purpose, Restrictions, and Uses of Easement. 1. The purpose of this easement is to protect the water supply of the well described and located below by means of sanitary control. 2. The construction and operation of underground petroleum and chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tank, or sewage treatment drainfields, improperly constructed water wells of any depth, and all other construction or operation that could create an insanitary condition within, upon or across the property subject to this easement are prohibited withn this easement For the purpose of the easement, improperly constructed water wells are those wells which do not meet the surface and subsurface construction standazds for a public water supply well. 3. 'Ihe conshucton of the or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within a 50-foot radius of the water well described and located below. 4. This easement pemrits the constnucton of homes or building upon the Grantor's property as long as all items in Restrictions Nos. 2 and 3 are recognized and followed. 5. This easement pemrits normal farming and ranching operations, except that livestock shall not be allowed within 50 feet of the water well. The Grantor's property subject to this Easement is described in the document recorded at: North Center Point Block 3, Lot 15.8c 16 Volume~y~ Page ~„ of the Real Property Records of Kerr County, Texas. Property Subject to Easement: Well Site, North Center Point All of that area within a 150 foot radius of the water well located 176.35 feet at a radial of N 07° 25' W from the southeast comer of Weller of North Center Point, a Subdivision of Record in Volume 5, Page 270, of the Kerr County Plat Records, Kea County, Texas. Term: Tlts easement skull run with the land and shall be binding on a0 parties and persons claiming under the Grantor for a period of two years from the date that this easement is recorded; after which lane, this easement stroll be sutomatcally extend until the use of the subject water well as a source of water for public water systems Ceases. Enforcement: Enforcement of this easement shall be proceedings at law or inequity against any person or persons violating or attempting violate the restrictions in tis easement, either to restrain the violaton or to recover damages. Invalidation: Invalidation of any one of these restriction or uses (covenants) by a judgement or coud order shall not affect any of the other provisions of this easement, whiah shall remain in full force and effect. FOR AND IN CONSIDERATION, of the sum of One Dollar ($1.00) and for other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby aclmowledged, the Gratttor does hereby grant and convey to Grantee and to its successors and assigns the satritary control easement descnbed in this easement GRANTOR By: ~ ,the owner of the above descnbed property, will NOT gtattt an easement for sanitary wntroi purposes azound subject public ouster system. GRANTOR Ry Date: STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned audtoriry, an the_ day of , 19-, personally appeared (mown to me to be the person(s) whose name(s) is(aze) subscribed to the foregoing instmmen[ and aclmowledged to me that executed the same for the purposes and cottsideration therein expressed. Notary Public in and for THE STATE OF TEXAS My Commission Expires: Typed or Printed Name of Notary 2 y ~ ---_ _ LE;ENI] GF ABBREV!A`:ICNS i U.F'(C-tecE Ar[<:tla el Y .7 G-.':;.u, L,9X C._fnaumen'. P.e[utla of K. r: C only - .;. C.-Pem FvN N ugly, LLE-Vl'EBp Fn.ammt 1' R.< -Phl A[e n. N.r ?. U.O: Poin( fi peginnMy ~. [.l Ile.. J. iFj P C'M.-G.Y urlnr Ln.. au., u P ~ ~ _ u. '1yIV 44{ '+, i.rv rvrnran,- /,/L-Nr :an2ltlon.r, W Nnlat !n. n<~ ACILE . . E LecUie li T tsie9?.[rt[ 1ira, -C-.N Coll[, -a--fielC Fen[e i , ~ , Ge;n I::n Fr'.ce, -/j- ~ Boor! : an}riza;;i'nn of Sa;nitn; ~ yasemertt aad -,'ell Site located off of River Rcad ~i~;ti Cuter Poirot tiro the Harrison. Tr¢et, a si;bdi~isia,•z of record in 4'olurn.e 5, Page 270, Plat Records of Kerr Courthy, Texas, ¢nd bring a 0.702 Aare tract of record tin. ;'sl. 352, P~. 587, R.P.R.KC. GUADAf_UPE SURVEY COMPANY 277-,4 ;','ost Wafer 1ul Stuw Changed? ~O rrpagn of Supply, Source. Treaanem. and Chemicals Used ~ Dex tA LtJPI~t F S GJf3. ~GlM.OS~ d¢~, G(~.P Td > rW~ S000 Gilt 6.FO tstd 5Td2iP t° ~YfCOf/O i%LT 7u~0 JB~U!(er? .ONi+t/~l'~ !~ ~2ssU.lt Tlr a .E t . f~ilo~h.lo4l./.o71o,J ~! u!i Pn J 7`sn~ ~ : `_ ',~'. ~' r'1 ,~ ca i'1 tip. !m D. ~R mgd RW cap evm m~~ c_ra 9 Total Well C (o ~/ m Treatmem Cap. gpm mgd Tool Sve. Purt~ Cap. / O O gem O• /S/ --mgd Tout Elevued Swage Tool Swage Cap. 10, DOO 6.f ~ pin Tank Capaciry o?0006AG. Maximum Daily Usage Dare Avenge Daily Usage Time Period Wholesale Concur Maximum Purchase Rare }IICROBIOLOGICAL Samples Submitted in Accordance with DWS? Raw Sample Submitted, if Requited? Web(s) Surfue Water Influeueed? Acceptable Sarttple Siting Plan oa Fik? CHEMICAL Acceptable Quality? Y N ~1, ^ Number of Samples Required ~ ~1/IA ~ X Submitted lZ- ^ ^ Number of Raw Samples ^ ~ NotrCottrm. Dates of Oparatioa ~ tmu ;~ ~O r ~ ~ --t : ~ Oase, Las[ Cherrcral Aoaly»a roc _ 'i~7~ ~ voe 14~, sac c' _- +i List UNACCEPTABLE Values HAS PROPER PUBLIC NOTIFICATION BEEN GIVEN? Date of Survry - /'/ B7 . Date of Approval 'o2T ~ y 6y Leper Date, i[ differtntt from Approval Date ~? "• Reply Requested Date Def. Score of this Survey rwcaon ro~zFUt Page 1 LD. d• 1 3 3 0 0 01 OPERATION AND MAINTENANCE (Please note: all violations Bsted below include paragraph numbers from §290 of the Rules and Regulations for PWSs.) I.OYERATIONAL Y N Y h Momltly Reports Submitted m TNRCC (rf Required)T [.46(d)] - - Distribution Map Up•to-Date? [.46(n)] - _ Datly Usage Shown? G46(d)] - - Ownership S emu Properly Displayed and Mamtained7 ~ [.46(w)] - _ MOR'a Properly Completed? [.46(d)] - - Adegwte Chemical Storage Provided? [.42(d)(~] - _ Dead End Mains Ftwhed? (.46p)] Y - ANSI/NSF Approved Chem/Media? [•421 - - New Linea and Repair D'uinfcctcdT [.46(pJ] X - Facilitics Propcrly Maintained? [.46(m) & (p)] - _ Supply of Disinfetsartt on Hand? [.46(h)] IL - [f Superior/Approved, Signs Properly Disp. & Maitu.T [.47(h)] - _ Sanitary facilities available, if needed? [.42(pJ] - _ II. STORAGE TANSS Storage Tanks Properly CoveredT [.43(c)] ~ - Proper Water Level Indicator Provided? [.43(e)(4)1 X- - Tanks Tight Aga'uut Leakage? [.43(c)(~] . _ Y Drains Properly Connected? (.43(c)(?)] Y _ Vrnb Properly LutalledT (.43(c)(1)] g - Inlet and Outlet Properly Located? (.43(c)(5)] 1 _ Proper Roof Hatch ProvidedT (.43(c)(2)j ~ - Intruder Resistant Fence? [.43(e)] ~ Roof Hatch Kept Locked? [.43(e)(2)] ~ - Tanks Properly Inspected, Maintained, Documented? [.46(p)(1)] - . Proper Overfbw Provided? [.43(c)(3)] ~ - Below Ground Storage Properly Located? [.43(b)] - - Inspec[ion Ladder Provided? [.43(c)] - - III. PRESSURE TANKS Accurate Pressure Gaugdl [.43(d)(2)] 1(- Tanks Tight Against Leakage? G43(d)('8] Y - Preasure Release Device Provided? [.43(d)(2)] Y - Routinely Inspected. Maintained, DacumentedT [.46(p)(2)] Y Proper Facilities for Air/Weter Ratio? [.43(d)(3)] X - Fenced or Housed? - [.43(e)] X pir-Water Volume Indicator Provided? I.43(d)(3)] .X - ASME, if Required? [.43(d)(1)] 1 [V. DISTRIBUTION Plumbing Or~d'uusnce or Agreement? [.46(i)] Y - Cwtomer Serviee Inspections Recorded? [.46(j)] 1L - Baekllow Assembly Report Recorded, if needed? [.44(h)(4)(D)] - - Sewer Lines Properly Located? G44(e)] X- - Minimum Residwl Pressure 2 20 PSI? [•44(d) & .46(u)] ~- - Nomtal Working Pressure 2.35 PSI? [.44(d) & .46(u)] it. - Tested pai/Locatiom QI uBt hMd 4 S Psi V. DISINFECTION D'uinfxtion Equipment Adegwte in Capacity7~ Type Disinfection Uaed:~ doe h 104 bu f D'uinfeAion Equipmrnt Properly Housed? Diuinfection Room Properly Vrnted? BnaOimg Appnntw and Ammonia Bottk Provid Scales Provided? Diuinfection Prior [o StongeT [.42(e)] nanl [42(e)(~(8)] [.42(e)('nl [A2(d(4)(D)] Properly Installed Distribution Piping? [.44(a)] JK Adequate Flush/Gate Valves? [.44(d)(~] .k Air Rclesse Valves Properly Installed? [.44(d)(1)1 - In-Line Booster Pumps in System? Imtiaa - In-Line Booster Pumps in System Approved? -- IfYes, Pressure Cutoff 2 20 psi Provided? [.44(d)(2)8i(3)] - X. - Adequate Residual Maintained/Recorded? [.46(p(1)(2)] ~ Mg/LCf/F)/Locations Rwex drnlt - o u n,y/c Y - DPD Chlorine Test Kit Provided? [.d6(q(2)] b - - IF AMMONIA FEED PROVIDED: - - Properly HouscA/Vented? [.42(e)(10)] - - - Scales or Gauges Provided? I.42(e)(4)(D)] - x_ ,.rorr.iwn• rna_m.oci Paee 2 I.D. k f 330007 VT. SYSTEM FACILITIES Number of Corrections SR WEL Y RR AW WATER Y/ t3rary PC / Wray Sourea Code Ovoer'a Deai;. Location Opu. Status Wca pe th Pump T e ILted GPM Tented II, GPM/Date oof A r t 8e ,Q T 3 2 ue Zo 00 1 B L ! tl 0 G/ELL tE f b SOO 3U SO ~{ Y S STORAGE RESERVOIR S AND PRESSURE TANK S T G uit Material Location G OIAND ~ Cd SODO 6dl E9• COAIG f l~tlE/ .T• 1 000 6AC sr i 3C~/d06aL.eq. ~ f s ct:nvrrr vrntapc No. Output G Location No. Output GP Location No. Output GPM) Location 6 O w cc s/ 2 G O rti si F~ergeay Power? 1yQ Deacnbe: (Y/N) ' Required Well Production Gpacity D. L GPM/Conn. X S$ Conn. = 3 4,.5 _ GPM Y Total Well Production Capacity Provided = ~-/ $ GPM Adequate? .............................. K Required Flevated/Pr_gsure Storage: .2 b GaUConn. X 5 $ Conn. = 1 1 6 0 6lL. -kf6 IIevated/Preasute Storage Provided = 15ID 6AL. 3.4G Adequate? ...................................... .K Required Ground/T tea Storage: 2 O o GallCom. X Sf3 Conn. = 1 I t L O o GAt l~+ Grou~/T'otal Storage Provided = 1 O . 0 0 0 6A t 1\4B Adequate? ..................................... - Required Servioo Pumping Capacity: 2 GPM/Conn. X 58 Conn. = 1 1 ti GPM Servico Pump Peakivg Factor. MDD/1,440 X = GPM Peak Demand Total Service Pump Capacity = 1 3.O GPM Adequate? .................................. JI` _ ~_ .. .............. ~. ~~ Pa¢e 3 I.D. k ] 23000'1 GROUND WATER SOURCE AND WATER SYSTEM DEFICIENCIES VII. GROUND WATER SOURCE A. SANITARY Y N Y N Well or pump loom Protected from Bonding? [.41(c)(3)(lf)] d _ Sewage treatment plant 2 500 ft.7 [.41(e)(1)(C)] t _ Livestock Prohibited within SO ft. of well? [.41(c)(1)(D)] d _ An'unal pens or Iandfdl 2 500 ft.1 [.41(c)(1)(C)] Y _ Sanitary ewer or septic tank 2 50 ft.7 (.41(c)(1)(A)] 1( _ Sewage imgated land 2 500 ft.? [.dl(c)(1)(C)] ! _ Septic Tank dninfwlda 2 150 ft.? [.41(c)(1)(A)] Y _ ° UST or liquid transmission pipelines 150'? (.41(c)(1)(A)J Y _ Dn'uuge ditch or liftahtion 2 300 ft.1 [.41(c)(1)(B)] Y _ Abandoned wells 5 t/4 mi. plugged? (.41(c)(1)(E)] L _ B. CONSTRUCTION WeB eased 18' above ground level? [.41(c)(3)(B)] Y _ Well mctcr provided? [.41(c)(3)(HO] It _ propetpteuureeement? [.41(c)(3)(C)] Y _ Well blow-off property installed? [Al(c)(3)(L)] k _ Proper concrete waling block? [.41(e)(3)(()J d _ Well unit fenced or housed? [.41(e)(3)(O)] S _ Well head sealed? [.41(c)(3)(K)] X _ Well site properly drained? I.41(c)(3)(I)J Y _ Casing vrnt property irutallod? [.41(c)(3)(K)] ( _ All weather road provided? [.41(e)(3)(P)] i _ Air releue devices properly installed? [.41(c)(3)(Q)] Y _ Sanitary easement(s) recorded? [.41(c)(1)(F)] t _ Suitable sampling tap? [.41(c)(3)(M)] L _ VIII. ADDITIONAL WATER SYSTEM DEFICIENCIES AND TAC REFERENCE NUMBERS: IR. RATING DEFICIENCY SCORE A. Certified Operator(s) (If Required) D. Design Deficiencies 1. Noce Surface 10 R.s 1. Ground 1Vater: 2. None Ground 4 Rs No Disinfection 10 Rs 3. Only One Whey Two Required 4 Rs Improper Well Location 4 Rs 4. Improper Certifrste 4 R.s No Easement 4 Rs Well Construction Deficiencies 3/item _ B. MCI. Violations 2. Surface Water: 1. hlierobiobgicaL• Failure to Sample MCL Vwktion 4/Mon. 10/Mon. No Disinfection No Filtration Ezccss F'dter Rate 20 R.s 20 Rs _ A R.s _ 2. Primary standards 3. Saondary Standards lONio. 2Nio. ~ Inadequate Chemical Feed Inadequate Detention Time 4 R.s 4 R.s _ 4. Turbidity: Failure to Repoli MCL Violation 4/Mon. IO/Mon. 3. General: Production Deficient Storage Deficient: 3 or 4 R.s Elevated or Pressure 4 R.s _ C. JDictributi0n Total Storage < 70% of Required 4 R.s Preaauro < 20 psi 10 R:s Pressure < 35 psi 4 R.s Distribution Problems 2 R.s Treated Water Protection 3 R.s ,~_ D'uinfedion Provided But Residual < 02 mg/t Free Chorine or 0.5 mP/I Chlanmine 4 R.s TOTAL (A+B+C+D)= 9 7NRCC-0OT/A ((19-Oi-93) Page 4 PUBLIC WATER SUPPLY REGULATORY PROGRAM WATER SYSTEM DATA ID No. J 33 007 Community X NTNC -Non-Comm _ CCN No. Superior Approved Status? AeTtVl~ Regan !3 Name of System C~N7SR ~bil17 L