COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: March 28, 2005 OFFICE: Commissioner, Pct. 3 TIME PREFERRED: SUBJECT: Consider and discuss Subdivision Rules and Regulations and Water Availability Requirements. EXECUTNE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3 ESTIMATED LENGTH OF PRESENTATION: 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 RECEIVED 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 will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 03~13!1UU5 '~~ll 9,19 r:~.~ ~3U 149 b1U6 Kendall Count Ue~ Mg~lt AFFIDAVIT TO THE FUBLIC The County of Kendall STATE Ok TEXAS Before me, the undersigned authority, on ttus day personslly appeared ~; uul; nub awner(s} - who, after bang by me duly sworn, upon oath states that he/she is the owner t>f reeotd of that certain tract or parcel of land lying and being situated in Kendall County, Texas and being mots particularly described as follows: property lcacatioordescriptioa The undersigned further statt~ that he/she will, upon sale or transfer of the above- described property, request a transfer of the permit to operate such surface application s jrgtem to the buyer or transferee. Any buyer or transferee is hereby notified that an aerobic systeut requires a maintenance contract with an approved maintenance company for use of the system. State of Texas County of Kendall County This instrumcni was acknowledged before me on: Day of Owner Signature Owner Sigtature Notary Public, State of Texas 'i'hia Affidavit must be nolarizad .nd ~aeo~ded .t the Caunry CLxks olFce, Ic{W1t a oowtizcd copy to the KeodAll County Dcvelcpmau Maa~ganau odFcc U3;'l3iYUU5 WEll ~,s~ r~~ b3U 1#9 a~ub xenaall ~oun~ ~e~ ~~~t ~uutiuue . ~~ ~~~~~~ `' Cfl^dMISSiOKEIL~' COURT ORl)LR NO. 9 6 - 0 S 54 In order to ensure thaat septic systems and wells (including sanitary easements) can be located, and it1 tcdtr to comply with Federal emergency Management Act and Texas Water Code requirements- govcrni~ flood plains, and further to assure thEt a division of real estate dacs not coaae .under- the requirement3 of Ctuepter 2?2 of the Lact1 Govertunent Code, by order of the Kendall County Conlmi9tianers' Court dated the 13th day of ~ Ma~+ , 1996, it is hereafter ORDERF.~U that: l) From this date forward, all divisions of real estate its Kendall Co+rs~ty, outside the limits of an incorporated muric:ipality, wilt require that an AllidaviE of I.~utd I,oestioa bh filed with the County Cter1S to be recorded in the Official Retards of Kendall County, Texas. 2) The required affidavit will be sufficient if is locates and ideutiEies accurately, tho divisionldivislons aC 1ar-d contemplated, including fce simple frontage on an exi9iting county, public, or public easement road for w•ncli such divfsfor. of Lnd_ T!ae affiriavst must be apprc~=ed in accordance rr.'th requirements attached h~rcto as Exhibit "A,', and which are incorporated into this order by reference for all purposes. . 3} This requirCmo[lt i9 based upon the authority gtrancerl counties 9~ set forttiin the following statutes: a) TEX. WATER CODE ANN. ~ 1G.315 - authority granted to cY,ur~ties to take neees~ary actions to comply with.the requirements of National i?(ood Znsurutce Program, `t`itle 42, Section 4022, U.S. Code Arr.; h) TIX. REV. CIV. STAT. ANN., e,rt. 4477-7e anti TEX. Ii~ALTFI & SAFETY CODE ANN. ~ 3G8.011 • may adopt standards for on-site sewage dispvsaI (septic tanks); c) TE}C. ~~'ATETt CODE ANN. ~ 2"0.032 - authorit}• granted to counties to control private s,ev~•age facilities; d) TEX.. ~'ATI;R QUALITY L~OARD, Resolution No. 73-R-4, amendad 02M6l76, approviiy, Kendslt County Comutisslaners' Court order pertaining to Lhe regulation of privste sewage faciilities; e) Kendall County Commissioner's Court Order dated December 27, 1974, regnrdiog regu~tlon and permitting of water wells in K~ndail County and amendments thereto; - - 4 TEX. REV. CiV. STAT. ANN. art 2361- general control over a!1 roads„ lZigltwaye, and h; i'c.ges; g) TEIC. ~iEV. CI:V. STAT. ANN., art. 8702-1, § 8002 - adopt a syateet for lttyic-g out, draining, and repe~hing pub& roads h) TEX. BEV. CIV. S'i'A'1'. ANN., art. 6702-1, ~ 2.002 • order that public roads be laid out, opened. discontinued, or gttertd when necemary; i) TEX. REV- CIV. STAT. ANN., att. ti702-1, § 4.302 may direct condemnation -- - proce,5dinga within municipalities for land ncoeessa,•y to wanly road system or L'nk to state highway; - j) TEX. REV. CN. STATE. ANN., art. G702-1, ~ 3-1Q5 -may authorize any person to make drs~ira along public road for drainage of land; k) TEI";. RL~V. ClV, 8TA'I', ANN., art. 6702.1, § 2.101, et seq. - wary provide for eonstrtu^,ticn and maintenoace of adequate draittrtge far public roads; UJI13,"lUUS ~~L- U;3U hA~ ~3Ul48 o1U6 hep~all ~ounC ue~ ~+Ig~1t ~,uu~~uub Q TEX. LOC. GOVT CODE AIv`I~2'. $ 232.001, et seq., - mey adept and enforce ptrttt;to~ ' and road construction regulations; m) 'I'FX. IiEV. CIV. STAT. ANN., art.. 1.433, 3.493s • may desi„~nate where water . corporation should place [ice along right-of--way oa county roads; - rs) 7`I~3(. Ii.EV. CIV. STAT. ANN., art. 1.43(ib -may desi~t.e wlcere linos should b~ placed ixc rig#:t-aE-way on county roads; 03 TEX. LTV. CIV. STAT. ANN., art. 1~13Gb -may designate where lines should be placed in right-oF--way an cnur,cy roads far gss cistributiou; ' p) TEX. REV. C1V. STAT. A.IVN-, ark. 4477-9a, § 3.Q4 • may prohibit refuse or junk accumulating near public highways. As of the effective date of this order, ttce Office of Development Ma.•tagmant must ~ipprove or disapprove an Affidt~vit of I.a,nd Location required tv be filed pursuant to this order within three (8) working days of its roceipt, An approved affidavit must to filed with the County GIe:rk's Office wlthiri~ three (3) working &1ys of its approval and prior to the issuance of septic and well permits by the gifice of Development Macv~ement. Tracts pretio:;sly divided will not be required to file said affidavit under this Court Order. Tr~ects of land divided by will ur descent cr by courts oC competent j urisdiction will not ix required to comply with this order (optio~iau. It is further intended that fence line or boc;sidnry adjustments between neighbor will lie excluded from this requirement. The above court order is passed this I3 duy of ft~ , 1:396. CQMMISSION)J[LS' COUit'1` of KEPIDAIS.COtlN'I•t','rE7iAS G~• James W. Gooden; County Jud6e Charles Goodman, Co~rxissioncr Frc~ >~~/ L. M' otmttin, Commissioner Prct, 2 U~~23i2UUa }QED 5;31 h,~1 83U 14y 6~Ofi Kendall Count Uer ~~t ~uu4~uou . - ~xhibYt A-- Ai~davit of~and r.ocation Requirements - - P~ry~term riaartian - - An. individual wishing to di ~a'tde a tract. of land to Iay out streets, alleys, squares, or parr, or other parts of the tract intended to be dedicated to public use or for the use of purc2}asei^s or owbers of ]ots fraacing oa of adjacer~ to the streets, alleys, squares, parks or other parts must have a plat of the div,~on^pt~axed thsrt will be ocx to the Kendall Cunt Subclivisisn Ru?es and Rcgulationg w Chapter 232 of the i,c~cal Gavemm€nt Code. Ra3rrirements for Division of Land ~t covered b~Chaptcr 237 of'the Local Government (lode. The doamaents to be apgraved by the Office of I7evelopm~mt Man~~enc~ai and stabsly filed within throe (3) v~vrking days in the Oflieiai Reycordy of TCeudall Cotmty. Texas, wrist meet the following criteria and wi7i cx~ntain the foilowiua$ information: l) The docuniauts mast lre tiled "Affidavit or Laar1 Locatiaa" and indicate tl~e property owner as shown on thr, dead rt~rds; - - 2) Ths affi davit acad attendant plat must be doa~nxeuts prepared an 8 '1x x 14 paper; 3) The plat mint ehnw property boundazies drawn to scale (with beaiingt anti distances shown for t) The plat must show the arvicipated or eadstu~ !ocarina of water well, solrtic systems, and sanidazy easetucais, if known. 6) A secgnci sheet. mgrw-t show a lcm map uhiCh will id~tify the location aF tl~e subject prapenty related to the nearest lmawrz points, such as road ia~te~secti~s, high power lines, creeks, etc. '1) The second sheet nnasi aot~iain the following statement with oaiginals signatures: "1(xranr of owner or aged of~e~, iernby a,{~rnt +~ thrs plat is a trae and correct copy of the ptut P~''EP~ by a registered public s7rrveynr or licerusd professiarud trrgia¢sr, arrc! that u depicts tyre acne truer to be ~v~ded as iltustrarec$ arcch taaet being out of the _ Survey, Ketri!all t^arorty, Texas. xS~sc~.ribad aardt+vorn to before me this _day of . Z~G Natary.Prcblu, State of ~'sxas S) 'The second sheet, must bear au original ~ of approval of the duly appointed representative of the t7~icE of T)evelopment Managersteat and. the afferxed properCy's. _- c+espectiveprecinct Commissicmer, as authorized by Cobomisseamexs' Court. CAVix~ ff tlae property in question falls within the extra-tetritanal jurisdi~ctioa of ury inootparatdd mimicipaliiY. approval in addition to this AfSdavit of Land 1..oratiou reguir~eat uyay be necessary', and sh~td be sought through that ernity. Rte. r visroi U~,'13r 1UU5 ri~U ~ ; 31 ~;~.~ ~3U ~4y 6ZUU 1t2IlQal1 I,Ollllt U~P ~1g11T ~;uu~-uua Shee: 1 c° 2 AFFfDAVIT OF f.AND ~OCATIQN A 5.15 ACRE, MORE OR EESS, TRACT OF LAND OIJT OF THE PET~~R- - MCGREAL SURVEY N0. 11, ABSTRACT NQ. 317, KENDALL COUNTY, TEXAS BEfNG A pORTiON OF A 31.11 ACRE TRACT A5 DESCRIBElr .h GEED RECORDED IN VOLUt~AE 7'15, PAGE 75.3, KENDALL CCUN"('( OFFICIAL RECORDS. ` 1 V / n~ t J e,.~ ~ I A ~,8 ~ Acres r 1 ~ J L-6 rn sKe. , z ~, KolnYiM Anra Winmill b3~5+ Aa.ss Dvn +'Maton ~ 'Jv.. 300. PQ. 649. KCUR O ~+.11 AYr Troe! yp+ 7i3 T63 P KCOR , 9: , . Q O O V ~ ~ V ra ~ ~rancia J. Wotlc. ,s.er ACrs• Vot, 63a. pq. l72, KC6R CCURSE BEARING O~STANCf L-t a 39's9'2s`f 288.4?' 1.~2 N 9p'OC'IX)`E J78.b0' l-J N '3Q'd0'9G`E 138.58' l-~ N 80'OD'tX''E J25.00' l~'~ 5 D:'70'p0"E JdS,t70' L~8 N 9D`DD'00"W J25.DD~ l.-~ N 00'i7D't70'E 1Q6.aj' l-d N 9tT00'OD"W 3SD,8!' 1.~4 S }9'49'22''N 218.ZS' N 5S'3s't3yu'J~ ~~` 67.3S' F~i l.-~J 4~~ r+r ~~~~w•+~ 400 0 400 84t} 1260 Graphic Scale - Feet i ce''rtttify that this pint Is Df o survey mode ,!••; on ule ground under Tny supervision on 1. a .ne'Katar +/2" atut .ai .ct, .Mi... ath.n.t." ,wted. Attge:tat 9. 2002 and That there are rva " cndkotas t/rs" eta:+ rod lo~nd, VlsIb1A Adeemente Cr @nCrOCCh1T1@nt8 @XC@pt S KCOR Kendo+i County Ossd Rsaords. ~. kCOR Kendall Covniy E)fRdvl Recuds. 011'OhOWTf. _ ~I S. Tna bearing uses ea the 6eerinq trafy for this survey rr/ :e ry.n deed reea'dra In Yol. al S, Rq. 2i4, KCOR. A6Hnp 0 owr+q or +~ bCr'1A'6S'W. ' E. r7eld r+ols• o+ theta fracb hove Ua•n uraoarod -u-v--- r~ec+u w.rn.•r urea ~..•. James E. 5c worz N. r.u. pl aatab+%fhaa py vas, To. Po. 3~T8, KcDR. RegFstered Prafessanal 9. tMS areq N net wl~n~r. b» tC0 ysv< <'GOd ib~n o• •bora vn ~~.'~"1'~ro~CS wcD ie0a1~-OMSB. datred Juts +~. Land Surveyor Ne. 4780 ~I ~ ~ 'L~'J 1!! tL ! '~i Job No. 02-181 a~G ~ ~ ~~'CM~IARZ ENGlN£ER(NG & SURV~`ftNG, INC. {2t0}249-8907" 723 N. 1r1A1N, BUEFfNE, TD(AS 78006 Far: (210249--3821 7 +99a\98-555`~9E-SJS.a'd \149\9P-SSS\r70-OSS'1'J7-44302-+C~~hdule 1.oet.d.q ~3r 13i 10~la ~i~U ~; 31 r'~~.~ ~~u ~4y 61U6 lteiladll (;OllI1L UeF l~g[it t~I.~UUb!UUb AFFIGAVlT OF LAND LOCATION LOCATION MAP . .PAGE 2 OF z i- _~ .,, ~~ ~ o8f el/~ ~- I, Don Hustan, hereby affirm that tnlo plot is a true and correct cosy of the plat proparod by a Fiapls#ered ?rofesaioncl Lcnd "(~'T ~urveyar and thot it depots the 6.t5 Dare :rect es shown, such 1t \`il tract being out of the t'eter tulcGreat Survey No. i ? . Abstroc! Na. 357, Kandali County, 7oxca. L1on Huston --- Not To Scale Subscribed and swam to botdre me thta____doy cf,_ 2002. 1 NCtory publsc. S!ote a! TRras ,~ ~~ fi j~ !~':~ J ~.-...r - ~~ SECTION H. WATER AVAILABILITY REQUIREMENTS 1. General: Gillespie County has been designated by the State of Texas as a County within a Priority Groundwater Management Area. Therefore, pursuant to Chapter 35, Section 35.019, Texas Water Code, the Gillespie County Commissioners Court has the authority to require any person seeking subdivision plat approval to show: a. Compliance with Water Availability Requirements adopted by the Commissioners Court. b. 'That an adequate supply of water of sufficient quantity and quality is available to supply the number of lots proposed for the platted area. 2. Water Availability Requirements: Before any subdivision plat is approved, the developer must establish to the reasonable satisfaction of the Commissioners Court that an adequate quantity and quality of groundwater, or water from surface water sources which meet the standards established by the TCEQ, exists to support the development and occupation of the subdivision. The Hill Country Underground Water Conservation District (HCUWCD) shall oversee the implementation of this Section, and may, if sufficient data is readily available, make recommendations to the Commissioners Court to waive any of the requirements in this Section H. Any person fulfilling the requirement set forth below shall be deemed to have satisfied these Water Availability Requirements. Failure to satisfy these requirements shall result in the rejection of a subdivision plat. 3. Public or Community Water Systems: a. New Public or Community Water System: If the person requesting plat approval proposes to utilize a new public or community water system, such system shall be developed in accordance with Subchapter C, Chapter 341, Texas Health and Safety Code and as defined by current rules and regulation of the TCEQ 30 TAC Chapter 290. If the public or community water system will have more than fifteen (15) connections, the developer shall present documentation to the Commissioners Court showing that the requirements as specified in Section 4 of these Water Availability Requirements have been met and approved by the HCUWCD. In addition a letter or other document from TCEQ's Rate Analysis and Plan Review Team, Water Utilities Division, shall be supplied approving the business plan and the plans and specifications of the proposed water system. If the proposed water system will have fewer than fifteen (15) connections, the developer shall present a letter from the HCUWCD stating that the HCUWCD has reviewed the plans and specifications for the proposed system, along with any technical data required in subsection 4 of these Water Availability Requirements and finds the proposed system adequate for its intended use. b. Expansion of an Existing Public or Community Water System: If the developer proposes to utilize an existing public or community water system, the developer shall present to the Commissioners Court in satisfaction of these requirements a copy of the executed agreement between the developer and the owner of such existing system for such water. If the total number of connections served by the community water system as defined above is more than fifteen (15), including the additional lots, the developer shall present a letter from TCEQ's Rate Analysis and Plan Review Team, Water Utilities Division, stating that the existing water system has sufficient capacity to service the additional connections. In addition the developer shall present to the Commissioners Court documentation that has been approved by the HCUWCD which shows that subsection 4 of these Water Availability Requirements have been met. If the proposed water system will have fewer than fifteen (15) connections, the developer shall present a letter from the HCUWCD stating that the HCUWCD has reviewed the plans and specifications for the proposed system, along with any technical data required in subsection 4 of these Water Availability Requirements and finds the proposed system adequate for its intended use. c. Individual Wells Prohibited: All subdivision plats which satisfy the Water Availability Requirements by utilizing a new or existing public or community water system shall, by deed restriction or other legal means, prohibit the drilling or use of individual wells within such subdivision. Such prohibition shall be prominently noted on the recorded plat. Any existing wells not owned and utilized by the public or community water system shall be plugged in accordance with the applicable rules and regulations of the Water Well Drillers Board and the HCUWCD. 4. Water Availability Certification: If the developer proposes groundwater as the primary source of water for the tracts in a subdivision, whether by individual private or community wells, the following requirements shall be met: a. Projected Water Demand Estimate as specified in TCEQ Groundwater Availability Certification of Platting Ch. 230.6. b. General Groundwater Resource Information as specified in TCEQ Ch. 230.7. c. Aquifer Testing as specified in TCEQ Ch. 230.2(2): Aquifer testing is a test involving the withdrawal of measured quantities of water from or addition of water to a well and the measurement of resulting changes in water level in the aquifer both during and after the period of discharge or addition for the purpose of determining the characteristics of the aquifer. Bail and slug tests are not considered to be aquifer tests. The required aquifer testing parameters shall be as specified in TCEQ Ch. 230.8 Obtaining Site-Specific Groundwater Data.. d. Determination of Groundwater Quality as specified in TCEQ Ch. 230.9. e. Deten~nination of Groundwater Availability as specified in TCEQ Ch. 230.10. f. Sufficiency of Water and Certification. In addition to the test results required above, submit to the Commissioners Court a certificate from a registered ~ / professional engineer licensed by the State of Texas or a licensed professional geoscientist. Said certificate shall be based on the pump test results and any other information available, which information shall be detailed, and shall state the opinion of the certifier that sufficient groundwater exists beneath such subdivision of a quantity and quality adequate for the use of the persons purchasing tracts in such subdivision. In addition, a letter is required from the HCUWCD that based on the pump tests results and other information available to the HCUWCD the development after full build-out will not cause an aquifer mining condition to exist. Specifically, sufficient quantity of groundwater is defined as meeting or exceeding a sustainable well production capacity often (10) gallons per minute per lot after full build-out. In azeas where ten (10) gallons per minute per lot is mazginal, additional aquifer test may be required. For those areas where well production capacity is less than ten (10) gallons per minute, lot sizes shall be adjusted accordingly. The developer shall provide to each purchaser or potential purchaser of a tract located in such subdivision a summary of the water quality and quantity test results prior to concluding the sale of any tract. If the developer is unable to obtain the certificate that water of sufficient quantity and quality exists or the Commissioners Court receives a letter from the HCUWCD reporting that sufficient water is not available, the Commissioners Court shall deny that specific plat request. g. Groundwater Availability Determination Conditions as specified in TCEQ Ch. 230.11 (b). The assumptions and uncertainties that aze inherent in the determination of groundwater availability should be cleazly identified. These conditions must be identified to adequately define the bases for the availability and usability statements. These bases may include, but are not limited to uncontrollable and unknown factors such as: (1) Future pumpage from the aquifer or from interconnected aquifers from area wells outside of the subdivision or any other factor that cannot be predicted that would affect the storage of water in the aquifer. (2) Long-term impacts to the aquifer based on climatic variations. (3) Future impacts to usable groundwater due to unforeseen or unpredictable contamination. u~,~z~!zuv~ ~~~u ~ ~: ~~~ rA.l eau try aqua ~enaall ~ounl ue~ _~Knti ~; uucr ~-ua ~ - ~ .: ~~ L Applicability: ~ , , This exhibit is applicable only if the eater supply for a proposed residential subdivision is based an a groundwater supply, including individual water wells on individual lots, excluding water wntrol and improvement districts established purstrsr~t to state law. If expansion of an existing public v~~ater supply system or installation of a new public water supply system is to he the proposed nae~hod of water distribution far the proposed residential subdivision, site-•s-pecific gtour~ciwater data shall be devdopai under the rocZuirements of Texas Adrnin;strative Cods (TACK Title ?0, Parr I, Chapter 290, Subchapter D (relating to Rules and Rcgulafiotts for Public Water Systerr~s) and the iafomiation developed in meding these tequiremcnts shall be attachod to the farm rewired under TAC, Title 30, Part I, Chalrter 230.3 (relating to Ceatif cation of Groundwater Availability for Plattittgj. II. Puxpase and Goals of Rules: 'I he purpose, iirteat sad goo! of this exhibit is to provide a general. indication to individuad purchaser$ of property witbitz a covered subdivision of the anticipated quantity and quality of available water. Additionally, these regulations strive to protect and preserve the groundwater resources witksin Kendall County. iII: lEtegatlatistg A.vtt~tority: The Texas C.aanmissiou on F.atvironnien-81 Quality (TC~) has declared the Trinity Aquifer, over vc~hiclt Kendall County lies, a Priority Groundwater Ma~entent Area, (P(#MA). Therefore, p`ut5uant to the Texas Water Cade, Chapter 35, Section 35.OI9, the Kendall Count; Commissioners' Court (KCCC} has the authority to rrquicc auydite soelcing r~proval for a plattocl sulxiivision to show thaf grouttdwater of suffide~nt quantity and quality is available far the completed subdivision. ICI. Grortndwater Availability: A. De~inlt'ran: Groundwater availabltity shall be d~cfinod as the amount of groundwater available to a proposed pRatted subdivision, at full build~ut, tivllich does not cause fhe pernaa~ner~t long term towering of our aquifer. T1ie avallable groundwater shall be calculated based on the following assumptions, which art, in part, derived from the Texas Water Development Board {TWpB) reports #60 and #273. Kendall County x+eooivts as average of 35 inclxs of rain each year The average recharge rate of the Trinity Aquifer is 4% of total rainfyll Tht average private residence uses 600 gallons of water per dny R. Preparing the A~vai~ability Report: A developer of a platted residential subdivision will be required to furnish a Groundwater Availability Report {GAR) W the KGGC and the Cow Creek Crroundwarer Conservation I?istrict (CCGCD). The j GAR shall be prepared and certified by a Professional Engineer or a Professional Geoscientist licensed in the state of Texas. The data used to prepare the report shall be obta%ned fmrn test wells, or a series of test wells using the following eritetia: rc'viacd 11/24/03 03I231200~ ~'ED 16:19 FAQ 630 2~9 6206 Ken~ali Count Deg l~at ~ 003i00~ 73 1. Test wells shall be provided in acrardaace with the foIlowir~g: `~, a Subdivisions up to and includir~ 75 acres shall t+tquire a single (or~c) test w+cll. b. Subdivisions greaser than 75 acres and up to and including 320 acres shall require a minimum of two test wells. c. ~An additional test well shall be raluired for cacti additiona1320 acres, or parts thereof. In order to provide uniformity of te# data, additional test wells shall be required, far subdivision requiting two or wore test wells, ifthe five hour pump best, (det~ed in 5 below), indicates a variance of 50'0 as greater between any two watts. to this case, paragraph 1(c) abavc shalt be amended to read "An additional test tiv+ell shall be required for each 160 acres, or parts thereof." 2. Locations of the test wells shall be shown oa t#ic subdivision plat required by Kendall County. 3. The test wells must be placed within the proposed subdivision and shall bo located lay latitude and longitude. 4. Location of all known existing. abandoned, and inoperative wells within the purposed subdivision shall be identified, !o^„atod, and mapped by on-site surveys. Existieg well locxRtons shall be illustrated on the plat required by Katdall County. S. Aa exisliag well may bo used as a test w+e1l if sufficient data is available, or can be obtained, from that well to demoustrata that It meats the requiremen+~ of this exhibit. >(CCCC~ or CCGCA may accept .the results of.A prcviaus well test in lieu of a riew test it s. The well is located within the proposed subdivision. b. The previous test fully meets all tbe requurcmtnts of this exhibit. c. The precious test was conducted in an aquifer which is being considered as the source of water supply for the proposed subdivisioay and d. Aquifer conditions {e.g., water levels, gradients, etc.) du~rirrg the previous test were approadmntely the samme as they are presently 6. The test wells shall be pumped with a pump capable of varying its discharge rate up to sixteen (16) gallons per minute. Ducing tltc testing period the discharge rate shall be adjusted until the water stu~face in the well stabilizes and remains constant for a pumping period of 5 hours. An air sine uray be used to monitor water levels during pumping and recovery periods. 7. Water pumped~out of the well during well development shaft not be allowed to influence initial welt pcrformaucx results. 8. Well besting required by this section shall be performed before any acidixation or other flos~~_ capacity enhancement procedures are apgiied to the test well. 9. Each GAR shalt contain a stmtaru~ent of grourldwatCr quality. Groundwater quality shall be based on a test conducted in a Texas Departrnont of Health apptnvcd laboratory, using the criteria as defined in TAC ,Title 30, Chapter 230.9(a}(2)(3). C. Protectean of gronudwxter. A!! reasonably necessars+ precautions shall be taken during constnrctioa of test .vclls to ensure that .~ surface contaminants do not rea~eh the subsurface environment and that undesirable groundwater (water that is injurtans Io human health and the environment or water that can cease pollution to land ar other revised.l l /241p3 ,03/23/200 ~~IrU 16.19 ~'~~ ~3U l~9 bLU6 ISeli~aii want [)~~' lint ~ ~uu~ruu~ T4 ~ _ waters) if encountered, is sealed off and confuted to the zones} of origin. Test wells shall be cased _ and. cemented per current county talcs and regulations for a residential well. -- - V, EYtmptians: ~. - .. A subdivision of land txizty be exempted from preparing a GAR if it can be shown that: . l . Sufficient data as determined by the CCGCD and approved by the KCCC exists tiom tests on adjacent or like pmpertics in the same arcs, or 2. Division is among family rrambers (faatily member is defined as within the third ~'c by ce~tY o+' within the second degree by efFi-iity), of _ 3. Each parcel is twcety acres ar more, and no more than one well is permitted per twenty acres . 4. The subdivision's water sake is supplied solely fxacn surkare water or rainwater ratchatent VY. Density amd Number of Lots: ~ _ Using the asseanptions in N (A), it can be shown that tEbe average density of s platted subdivision within Kendall Cuuuty must be approximately six {6) acres pot dwtllittg unit. Therefore, the total number of lots in say one platted subdivision, or sacxioa thereof, usinSg gcour~dwater from individual wells, shall trot ba more than the total acres in the subdivisionlsootioti dlvidtd ~3' six. Platted subdivisions. using a central water system as defined is paragraph I, shall xnaintaia a total density_of four (4) acres per dwelling unit. Therefaree, the total number of lots in any one platted subdivision, or section the~o-f, using central water systems, shall not be mare than the total number of acres in the subdivision/sectiondivided by fotnc. VII. LotfTraet Sizes: The followltag shag define residential lot sires in a reguized pll subdivision or section thec~caf - -- ~- A. Lots suPpaxting a well $acl septic system shall be ao leis than three (3) acres while maiatainiag a six-a+ot+e {6} density. -- _ _ _ $. Subdivisions having as appmvcd central water system developed under TAC, Title 30, Part 1, Chapter 290. Subchapter D, and ustng osrsitt septic systems tr,~y reduce the individual lot sizes to out acre while insintaining afar-acre {4) density. C, Subdivisions !raving both a orxttralized wrttor system, as defit>ad z~bovt, trnd a centralized . sewage deposal systeta installed and approved in accordance with TAC, Title 30, Chapter 7.85 may reduce the individual lot sizes to onahalf acre, while mauitaining the faur~acce (4} density . VIIL Approval Criteria: . KCCC will not approve a final plat for a subdivision falling under the requirements of this exhibit ualcss a ~rAl'L has been previously approved by the CCGCD. It must bo the clear conclusion of tl-e report that the fully dcvtlopcd subdivision will have w~atex ctureutly available of sufficient amount and quality using the aforementioned assumptions in 1V(A). The sui~tztitted GAR mast ccsntain at a rninlrnum the foilowittg information surnrnarized on the attached. form of the latest rovision: revised 11/24/03 ~~iiz3;~uu~ ~l;u l~.~u r~~ ~~su ~~y ezua nenaall ~,ount uev ~Knt ~:~u~ruu~ is ~ 1. Size of subdiF~sion including total acres and proposed number of tracts _ ' Z. N'uta~ber of welts drilled, including dry notes. 3. 3v`umber of wells pump tested 4. Well locations by physical addressldescriptiorinnd GPS cxx~rdinates 5. 'Well Logs inctudirzg static water levels 6. Flevatiott abova m,aaa sea Ievet at the well sites 7. A geological cross section of the studied area at a state of not less than ar equal to one-inch per 400 feet horiaontal and one-inch per t {10 tiytt r e