San Miguel County approves two West Ophir septic‑system setback variances

The San Miguel County Board of Commissioners, sitting as the county Board of Public Health, approved two variances June 3 to allow on‑site wastewater treatment systems (OWTS) to be sited 2 feet from property lines rather than the standard 10 feet for two narrow lots in West Ophir.

County environmental health specialist Kevin Shaney presented engineering plans and site photographs showing that, because the parcels are narrow and hemmed in by adjacent private property and right‑of‑way, the leach field or soil treatment area (STA) could only be placed along a single corner of each parcel. Shaney said test pits reached a depth of 8 feet and did not encounter bedrock or groundwater that would prevent the proposed gravity systems, and that review engineer Drew Ruderman and design engineers Jonathan Batson and David Belode had reviewed the proposals.

The recommendation to reduce the property‑line setback from 10 feet to 2 feet was driven by site geometry rather than a desire to lessen public‑health protections, Shaney said, and both applicants proposed adding a non‑required PVC membrane around the STA as an extra precaution. Shaney told the board that the membrane does not substitute for the formal variance process; state guidance and the county’s review engineer require the variance be presented to the elected board.

John Wintropsky, who identified himself as the town manager, asked whether the reduced setback plus a liner would be as protective as the 10‑foot standard for a water main in the adjacent right‑of‑way. Shaney and other participants said the plans meet county Regulation 43 code requirements and noted positive pressure in drinking‑water mains makes contamination unlikely, but staff did not have a locate of the exact pipe depth in the meeting and asked the town to share locate information if available.

Board members discussed whether the draft motion’s language requiring applicants and future owners to “certify” regular inspection and maintenance was enforceable. Staff described prior use of operations and maintenance (O&M) agreements for nonstandard systems and said standard, engineered gravity systems are typically supported by engineering certification and routine service. The board agreed to change the motion language so owners acknowledge responsibility to maintain the system, rather than sign an enforceable certification.

A motion to approve the first variance for Seamus Croak (Lots 5 and 6, Block M, Ophir; parcel ID 477935311021) found the proposal consistent with the Colorado On‑site Wastewater Treatment Systems Act and county Regulation 43 and required recording the approval with the county clerk and recorder; the motion passed unanimously. The board then approved a substantially similar variance for Slater Aplin (Lots 1 and 2, Block Q; parcel ID 477935306015) with the same recording and maintenance‑acknowledgement conditions.

The approvals are specific to each property and were taken with the stated intent of enabling construction of primary two‑bedroom single‑family residences on the parcels. The applicants and staff were encouraged to continue coordinating with the town on pipe locates and to pursue water‑quality monitoring planned this summer on Howard Fork and the San Miguel River.