HomeMy WebLinkAbout01721 f p, GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT
109 8th Street Suite 303
rd' Glenwood Springs, Colorado 81801
Phone (303) 945 -8212
This does not constitute
(, "INDIVIDUAL SEWAGE DISPOSAL PERMIT '"w 1721 NO TIP, a building or use permit.
Owner Verna Ingra Rl f'AiR
System Location lot 14, )31k 5, Ilk (reek Development
Licensed Installer i' tv 11 Phinbing lti.fl.e
' Conditional Construction approval is hereby granted for a °
gallon 4: .k Ik l �i -'
- -- Septic Tank or Aerated treatment unit. 4- P r el , `•'r ,
Absorption area (or dispersal area) computed as follows:
Perc rate of one inch in alii () minutes requires a minimum of 4 C(Osq. ft. of absorption area per bedroom.
Therefore the no. of bedrooms "' _ x .29t ft. minimum requirement = a total of /1 24q. ft. of absorption area.
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May we suggest:
G/SC. ¢7 lire../, o{' S@2 led ca, P i pe*
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p . Date oVi `j 8 q Inspector (; )A %1' j 7144
FINAL APPROVAL OF SYSTEM: s- ' //V 74 L L. 4lAt' 1 /AA F c': f 5$/81 6 f,;41
No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover-
ing any part.
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� � 1"‹ - Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground i
surface. Al (LTC ; C x,'Si, '
.� " _ Proper materials and assembly. ,�C i -Li " " ` "� f "�'� `�
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(2 4( Trade name of septic tank or aerated treatment unit. \ (GU'
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, :2 A Adequate absorption for dispersal) area. '
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Adequate compliance with permit requirements. ' - -- ' 1 r u' L, a (I i c,., E n l.,; r ( ci U •/
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') 1< Adequate cornpliance with County and State regulations/requirements. 3 /V , � II r �` # , f - , n r � I S F3 2
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Date �'
�/?/T. "7. ! Inspector 1 • (. 44.. , �t.eAn ,1/
// RETAIN WITH RECEIPT RECORDS AT Cf '1 TRUCTION SITE r (
'CONDITIONS: t-
1. All installation must comply with all requirements of the ColoradoState Board of Health Individual Sewage Disposal Systems
Chapter 25, Article 10 C.R.S. 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fully complied with County zoning and building
requirements. Connection to or bse with any dwelling or structures not approved by the Building and Zoning office shall
automatically be a violation of a requirement of the permit and cause for both legal action and revocation of the permit.
3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing
and material variation from the terms or specifications contained In the application of permit commits a Class I, Petty Offense
($500.00 tine — 8 months in )ail or both.).
Applicant: Green Copy Department: Pink Copy
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Application
. • , ' INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION Approval by
OWNER 1/F/0A/ A R/-1,14 4 / Count y Official
, R/-1,14 ADDRESS PHONE 6 8c � ' /J/ 6 ,
CONTRACTOR /9 }3
ADDRESS /2 ^ ` . P PHONE 12- = 3 3 7 1 r q
- PERMIT REQUEST FOR: ( ) New Installation (v) Alteration ( 6)• Repair
Attach separate sheets or report showing entire area with respect to surrounding areas,
- topography of area, habitable building, location of potable water wells, soil percolation
test holes, soil profiles in test holes. (See page 4.)
LOCATION OF PROPOSED FACILITY: County r l
r
Near what City of Town AiPw 67ir Co Lot Size
Legal Description ec,, /CA- /' / ,F. S 2 E - , / // : % Ck /) ✓/,
WASTES TYPE: ( .e) Dwelling ( ) Transient Use
( ) Commercial or Institutional ( ) Non- domestic Wastes
( ) Other - Describe /
BUILDING OR SERVICE TYPE: !Q e S!'ct' efl t 'cc-
Number of bedrooms 1 7- Number of persons 4P 7
(✓) Garbage grinder (V) Automatic washer ( t- ) Dishwasher
SOURCE AND TYPE OF WATER SUPPLY: ( ) well ( ) spring ( ) stream or creek
Give depth of all wells within 180 feet of system:
If supplied by community water, give name or supplier: At* CM /)ev/ c si 'i , fisf#iti,
GROUND CONDITIONS:
Depth to bedrock: (fir, ;k o w r1
Depth to first Ground Water Table: ✓vi.,k , uw. —
Percent ground slope: / Q 7 o
DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: 2..
Was an effort made to connect to community system? gro
TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED:
(✓) Septic Tank ( ) Aeration Plant ( ) Vault
( ) Vault Privy ( ) Composting Toilet ( ) Recycling, potable use
( ) Pit Privy ( ) Incineration Toilet ( ) Recycling, other use
( ) Chemical Toilet ( ) Other - Describe:
FINAL DISPOSAL BY:
( Absorption Trench, Bed or Pit ( ) Evapotranspiration
( ) Underground Dispersal ( ) Sand Filter
( ) Above Ground Dispersal ( ) Wastewater Pond
( ) Other - Describe:
WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? /10
Page 2
• SOIL PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer.)
Minutes per inch in hole No. 1 Minutes
per inch in hole No. 3
Minutes per inch in hole No. 2 Minutes _
per inch in hole No.
Nance, address and telephone of RPE who made soil absorption tests:
- Name, address and telephone of RPE responsible for design of the system:
Applicant acknowledges that the completeness of the application is conditional upon such
further mandatory and additional tests and reports as may be required by the local health
department to be made and furnished by the applicant or by the local health department for
purposes of the evaluation of the application; • and the issuance of the permftis subject to
such terms and conditions as deemed necessary to insure compliance with rules and regulations
adopted under Article 10, Title 25, C.R.S. 1973, as amended. The undersigned hereby certifies
that all statements made, information and reports submitted herewith and required to be
submitted by the applicant are or will be represented to be true and correct to the best
of my knowledge and belief and are designed to be relied on by the local department of health
in evaluating the same for purposes of issuing the permit applied for herein. I further under-
stand that any falsification or misrepresentation may result in the denial of the application
or revocation of any permit granted based upon said application and in legal action for per-
jury as provided by law.
Date Signed
PLEASE DRAW AND ACCURATE MAP TO YOUR PROPERTY
Page 3
PLOT PLAN AND DESIGN FEATURES:
Include by measured distance location of wells, springs, potable water supply
lines, cisterns, buildings, property lines, subsoil drains, lake, water course,
stream, dry gulch and show location of proposed system by direction and distance
from dwelling or other fixed reference object, and additional submissions in
support of this application such as data, plans, specifications, statements and
commitments.
Page 4
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LOCATION
CERTIFICATE
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6 2-S COMANCHCRO l /N \,1_
LEGAL DESCRIPTION
LOT 11 , BLOCK 5 5, ELK CREEK DEVELOPMENT, G ___
ARI °IliLD COUNTY, COLO1tAb0,
CERTIFICATE OF SURVEY
1 HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS
PREPARED FOR ALAN ASHWORTII , THE IMPROVEMENT LOCATION
BEING BASED ON PREVIOUS PROPERTY SURVEY THAT HAS BEEN MONUMENTED
BY OTHERS AT TIIE TIME . I PREPARED THIS IMPROVEMENT LOCATION CER-
TIFICATE, AND THAT IT IS NOT TOs }BE RELIED UPON FOR THE ESTABLISH -
M1:NT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES.
1 !'UUTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED
PAkCEL ON THHIS DATE, AUGUST 15,, 1979
N1:CTIONS, ARE ENTIRELY WITHIN THE BOUNDARIESEOFETHEUPARCEL,CON-
EXCEPT AS SHOWN, TIIAT THERE ARE NO ENCROACHMENTS UPON THE DE-
SCRIBI :D PREMISES BY IMPROVEMENTS` ON ANY ADJOINING PREMISES,
EXCEPT AS INDICATED, AND THAT THERE IS NO EVIDENCE OR SIGN OF
ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL,.' ''•.
,
EXCEPT AS NOTED.
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TO PLANNING DEPT. JUN 2 21989 t
GARFIELD COUNTY GARFIELD COUNTY
109 8 TH ST.
GLENWOOD SPRINGS, CO 81602
ATTENTION: MARK BEAN
This. is to verify receipt of $3,000.00 from VERNA INGRAM for
the sale of 1/2 • is 15 BLOCK 5 IN ELK CREEK SUBDIVISION.
r;/" ri At .2a.. / 9'9 q
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HENRY ' Z / DATE
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; MAY 101988
COUNTY COURT, GARFIELD COUNTY, COLORADO �.
GARFIELD COUNTY
Case No. 88 C 0038, Division II
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
VERNA INGRAM, Plaintiff,
vs.
ERIC WILLIAMS, et al, Defendants.
This matter was tried to the Court, on May 3, 1988. Neither
side was represented by an attorney, and the plaintiff and
defendant were the only witnesses who appeared at the trial.
The plaintiff, Verna Ingram, purchased a home and ten (10)
acres located on Comanchero Trail, near New Castle, Garfield
County, Colorado.
A ditch now owned by the defendant apparently forms one of
the borders of the plaintiff's property. This irrigation ditch,
according to the defendant, was built in 1893, and since that
time has been used to provide irrigation water to the defendant's
ranch property.
In the spring of 1987, and again in the spring of 1988, the
plaintiff noticed a substantial amount of seepage from the irri-
gation ditch onto her property, as well as that of her neighbors.
This seepage has caused the backyard of plaintiff's residence to
become a muddy quagmire; caused her septic tank to overflow and
the septic system to become useless; has caused the sewage to
flow into the basement of her residence; and has caused a
substantial amount of damage to the water heater, rugs,
carpeting, and other fixtures in her home. She is in danger of
losing rental income from the property because her tenant and the
health department find the conditions unsanitary. The plaintiff
testified that the amount of these damages was $5,000.00, and the
defendant did not present any evidence to contradict this sum.
She also testified that when she bought the house and
acreage, the seepage was not visible and was not disclosed to
her.
The defendant argues that the irrigation ditch has been
properly maintained throughout the years; that to his personal
knowledge, before the property now owned by the plaintiff was
subdivided and the house built, the land was used as a pasture,
which regularly received seepage water in the spring; and that
1
the amount of seepage had not increased or decreased
substantially over the years. Perhaps most significantly, the
defendant testified that immediately after the house was
constructed in 1976 by an individual named Hazelton, he received
a complaint about the seepage from his ditch. he amount of
seepage has remained relatively constant in the early spring when
the water table is high, tapering off in late June until by mid
to late July, there is no seepage from the ditch.
C.R.S. 07 -84 -101 requires the owner of any ditch to "care-
fully maintain the embankments thereof so the "waters of such
ditch may not flood or damage the premises of others." However,
this obligation or requirement is not absolute. A right -of -way
for the purpose of transporting irrigation water and to spill
wastewater therefrom may be acquired by condemnation, grant, or
prescriptive right. See Hitti v. Montezuma Valle yIrrigation
Company, 599 P2d 918 (Ct. App., 1979). Thus, if Wil lam 1` s' ditch
has seeped water onto the plaintiff's property for over 80 years,
he has acquired the right to continue to do so.
It is apparent from an examination of the statute referred
to above, and from several cases annotated under it, that a ditch
owner is liable for any injuries causes to property from the
overflow of water from the ditch which results directly or
indirectly from his negligence in the use or repair of the ditch.
He is not responsible for the normal and customary seepage which
may have occurred in the past from the ditch.
It is indeed unfortunate that the parties were unrepresented
by counsel at this hearing, because it is apparent to the Court
from a review of the record that neither side knew what the law
is, and neither side presented evidence or testimony which would
be helpful to assist the Court in determining the central issue,
which of course is whether or not the seepage was normal and
customary, or due to improper maintenance.
It is not proper for the Court to act as an advocate for
either side, or to conduct an inquiry on its own; the Court is
restricted to the evidence presented at trial, as are the
parties.
As the Court explained to both sides at the beginning of the
trial, in order the plaintiff to prevail, she must convince the
Court by a preponderance of the evidence of the correctness of
her position. She has presented no evidence whatever as to the
cause of thq seepage, or as to whether or not the seepage had
occurred in prior years. Since she did not produce this
important evidence,. the Court has no option; judgment must enter
for the defendant and the plaintiff's claim must fail.
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Ti I
Accordingly, it is ORDERED, ADJUDGED, AND DECREED that
judgment shall enter in this matter for the defendant and against
the plaintiff. Each side is to bear his or her own Court costs.
• Signed in Rifle, Colorado, May S , 1988.
13Y THE COURT:
Stephen L. Car 'et County Judge
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