The Upper Black Squirrel Groundwater Management District filed a stay against the Sanctuary in the Pines development before Fourth Judicial District Judge Larry Schwartz.Kathy Hare, president of the UBS district, said Schwartz is involved in a high-profile murder trial, so there is no definite hearing date. Hare said if the stay is granted, it would “stop them [Sanctuary in the Pines] from issuing deeds or title to that land until it’s decided in court.”The development, which the El Paso County Board of Commissioners approved Dec. 13, is comprised of 389 2.5-acre residential lots spread over 2,378 acres at the northeast corner of Shoup Road and Vollmer Road in Black Forest. Plans for the development include a 10-acre school site, 2 acres for ball fields and 1,067 acres of open space the county will operate as a regional park.The developer, Morley-Howard Investments LLC, also has allocated 2.5 acres for a fire and sheriff station and committed $585,000 toward its construction.The development will be served by a central water system, using water pumped from the Arapaho aquifer, but will have an individual septic system on each lot.”We object to the use of septic systems on the headwaters of the UBS,” Hare said. Contamination of the headwaters could lead to contamination of well water throughout the UBS, she said. “They [the county] never really examined the impact of septic systems on the water quality in the UBS.”Speaking before the BOCC Dec. 13, Mike McCarthy, air and water quality program director for the El Paso County Department of Health and Environment, said he reviewed the results of percolation tests, which are used to determine the appropriate type of septic system. The test results showed that many of the lots “would not allow the local health department to put a conventional [septic] system on the lot” and “will likely require a registered professional engineer design,” McCarty said.”As long as everything goes in according to our codes and meets all the minimum setbacks, we’re prepared to move forward with onsite waste [septic] systems,” McCarthy added.Representing the UBS district before the BOCC, engineer John Himmelreich said the county had not followed its rules on percolation testing.”The regulations require that 20 percent of the lots have percolation tests. Only 46 of the 389 lots were tested, Himmelreich said. “That is only 12 percent of the lots. Most of the percolation tests were in the southwest portion of the phase I area and they occur along a very narrow strip. There are large tracts of land that have not even been investigated.”The UBS district’s policy is to “discourage developments with septic systems on less than five acres,” Hare said.”Adoption of the position advanced by UBS would not only reverse years of a different application of the standards, but it would preclude any approval of any lots on less than 5 acres unless they are serviced by a central sewer system,” said Steve Mullick, attorney for the applicant, who also spoke at the BOCC meeting. “That would be inconsistent with your [the BOCC’s] long-term application of the standards and your practices currently and in the past, and it would be inconsistent with almost every surrounding county that permits septic systems on 2.5 acre or smaller lots.””The main reason we are going for this stay is because the county did not follow their procedures with this particular development,” Hare said. “The county has a policy if you’re within one mile of a wastewater treatment center or pipeline that you first see if you can hook up with them.”Also addressing the board was John McGinn from JDS Hydro Consultants. The distance to existing central wastewater plants makes a connection to them unfeasible and they don’t have the capacity to handle this facility,” McGinn said.Himmelreich also faulted the county for accepting geologic and soils reports that are not detailed and/or incomplete. He cited the lack of maps showing seasonal wetlands and ponds as a deficiency.Commissioner Wayne Williams moved to approve plans for the development. “The primary issue that we look at is ‘are the requirements met sufficient for us to make a decision,'” Williams said. “Each lot has to meet the requirements for a septic system. We have a number of subdivisions in this community on 2-acre lots with well and septic. In this case, a central water system minimizes the risk of contamination.”Commissioner Sallie Clark seconded the motion. “Based on the testimony from our health department, I have confidence and comfort that the appropriate steps have been taken in terms of the septic systems,” Clark said. “I am always pleased to approve site location for fire stations and police substations.”The motion passed on a 4-0 vote. Commissioner Douglas Bruce abstained because he was not present for all of the testimony.
