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HomeMy WebLinkAboutACSA199200004 Correspondence 1993-02-19 Kthaeje-E f) - FORBES R. REBACK ATTORNEY AT LAW 230 COURT SQUARE POST OFFICE BOX 20•CHARLOTTESVILLE,VIRGINIA 22902 TELEPHONE t 804)295-1196 - TELECOPIER (804) 293-5017 RECEE February 12 , 1993 FEES 1 9 i» Robert B. Stroube, M.D. State Health Commissioner - I r.: : Y'°: ;r=r rIct . Department of Health ��°' Richmond, Virginia 23219 Re: Ridge Restaurant Temporary Pump and Haul Permit Albemarle County, Virginia Dear Dr. Stroube: I write on behalf of the owner, Donald A. Nilsen, and the contract purchaser, Richard Cooper, in support of the recent request made by Benton Downer for an additional extension of the variance for temporary pump and haul which you granted on September 11 , 1992 . We never thought the solution would be easy but it has turned out to be incredibly difficult. We have had to satisfy the requirements of the State and Local Health Departments, both the Engineering and Environmental Health Divisions , the governing body of Albemarle County, the Rivanna Water and Sewer Authority, the Albemarle County Service Authority, VDOT, CSX Corporation and four individual landowners, one of which is a trust with five beneficiaries and trustees . The coordination of this activity has required daily effort. We think we have resolved all of the engineering and jurisdictional problems. We are now concentrating on the other problems concerning acquisition of right of way and awarding a construction contract at reasonable cost. The landowners have named their prices and the owners are accepting them. The deeds have been written and presented. Two construction bids have been received. Our engineer considers them to be high. He is making some adjustments to the plans and we are optimistic that more reasonable bids can be obtained. +COU T FEB ' 6 load � s Dr. Robert B. Stroube February 12 , 1993 Page 2 I believe this project can be done but more time will be needed. Please grant a reasonable extension of the variance. Your consideration of this request is appreciated. Sincerely, Forbes R. Reback FRR/brd cc: Mr. Donald A. Nilsen Mr. Richard Cooper Mr. Robert Brandenburger Dr. Susan L. McLeod Mr. W. Benton Downer, III L;UUF' I T Ut HLL.1r-V1P• .� 1 FORBES R. REBACK cFP 0 1992 1': ATTORNEY AT LAW a 230 COURT SOCEEkiTIVE POST OFFICE BOX 20-CHARLOTTESVILLE,VIRGINIA 22902 TELEPHONE l 804)295-1196 - TELECOPIER (804) 293-5017 September 9 , 1992 Dr. Robert B. Stroube Commonwealth of Virginia Department of Health Richmond, Virginia 23219 Re: Ridge Restaurant Temp. Dump and Haul Permit Albemarle County, Virginia Dear Dr. Stroube: I have been retained by Don Nelson, owner of Albemarle County Tax Map Parcel 57-31A, to assist in solving the sewage disposal problem of which you are aware. Since my employment I have contacted officials of Albemarle County, Rivanna Water & Sewage Authority, Albemarle County Service Authority, Thomas Jefferson Health Department, VDOT, Applied Technology and Engineering, P.C. as well as some of the neighboring landowners. I am optimistic that a feasible solution can be found but an - extension of six months on the permit will be necessary. We plan to place a grinder pump in the existing holding tank and lay a 2-inch PVC pipe within the existing Rivanna Water & Sewage Authority easement a distance of 2904 feet to the gravity side of the Lickinghole Pumping Station (Station #4) which is a part of Phase Three of the Crozet Interceptor. To accomplish this the Board of Supervisors must extend the jurisdiction of the Albemarle County Service Authority. The Board adopted a resolution of intent to do this on September 2 and a public hearing has been scheduled for October 7 . We must also secure approval from VDOT to cross State Route 680 and bore under U.S. 250. In addition, we must have permission of CSX to cross their right of way under their trestle bridge. Finally, we need the permission of the four affected landowners. We have secured verbal consent from two of them as of today. As you see we have made progress. We have eliminated the other options which have proven to be not feasible and we are now concentrating our efforts on the most promising alternative. I trust the Department of Health will continue to cooperate with our efforts. Sincerely, Forbes R. Reback FRR/brd cc: Mr. Donald Nelson Mr. W. Benton Downer, III Mr. Robert Brandenburger Dr. Susan L. McLeod ���pF ALg4,, U x AtifFnftv friRG1N\-P COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 MEMORANDUM TO: Bob Brandenburger, Assistant County Executive / FROM: V. Wayne Cilimberg, Director of Planning & Community V" Development DATE: August 24, 1992 RE: Galerie Restaurant Sewage Disposal I have talked with Gary Rice regarding the status of septic and water supply. He indicates that use of off-site septic has been eliminated due to location and difficulty in obtaining easements. A certified letter is going out to Don Nielson indicating that his pump and haul permit will expire within 30 days and that sewer line plans must be submitted for approval to allow extension of the permit. Jurisdictional Area designation would not likely have to occur before the expiration of the pump and haul, but a public hearing will need to have been set. Regarding water supply, the restaurant's system is classified as a non- community water system which is approved by the Health Department and inspected monthly. There are no quantity or quality problems. The closest public water line is west on Route 240 at the water treatment plan. VWC/jcw cc: File Gary Rice COUNTY OF ALBEMARLL Al�� 25 1992 t EXECUTIVE OFF1011 - m COMMONWEALTH of VIRQINIA IN COOPERATION WITH THE Thomas Jefferson Health District ALBEMARLE—CHARLOTTESVILLE STATE DEPARTMENT OF HEALTH FLUVANNA COUNTY(PALMYRA) 1138 Rose Hill Drive GREENE COUNTY(STANARDSVILLE) LOUISA COUNTY(LOUISA) P. O. Box 7546 -- NELSON COUNTY(LOVINGSTON) Charlottesville, Virginia 22906 (804) 972-6219 August 19, 1992 Mr. Don Nielson 15 North Harrison Street Easton, MD 21601 Certified Mail Dear Mr. Nielson: As you are aware, the Pump and Haul Permit issued to the Ridge Restaurant (Route 240 and Route 250) in Crozet, Virginia, will expire on September 12 , 1992 . At that time, all operations of this establishment must cease. In the March 12 , 1992 letter to you from Dr. Robert Stroube, State Health Commissioner, it was stated on Page 3 , Section C that "By the end of the six-month period of this variance, you must submit plans and detailed construction schedules for permanent sewage treatment and disposal facilities to the local health department. When those plans and schedules are submitted, I will consider an extension of this variance for an additional six months. " With this in mind, I would just like to reiterate that there remains less than thirty days before the Pump and Haul Permit expires. It is my understanding that you are pursuing easements and developing plans to connect to public sewer. As of this writing, however, this department is not aware of any approved plans or submitted. COUNTY OF ALBE:ARL* ,. I „„,„ „.- rP r AUG 25 1992 vpHOFEpAIZT„HEALTHE,T O PrUn.hrn 1.a dnd le /mnunnn•nf '�'�++yy r � CXECUTfflf V6 Off1{en Please understand that this department is ready to assist you in any was possible. Should any relative information or plans become available for our review, please do not hesitate to contact us so that it may be processed and forwarded to the appropriate agencies. Please contact me at the Thomas Jefferson Health Department (804) 972-6251 should you need to discuss this matter. Sincerely, (d. G. Stephen Rice Environmental Health Specialist cc: Susan McLeod, MD, MPH, Director, Thomas Jefferson Health District Don Hackler, Environmental Health Manager Catherine Cummins, Supervisor - Food & TES Jeffrey T. McDaniel, Sewage & Water Supervisor Dr. Robert Stroube, State Health Commissioner Robert Brandenburger, AssistaArlellirtxecutive Keith VanYahres, Operator Alan Knapp, Enforcement Chief Bob Hicks, Director, Office of Environmental Health Services COUNTY OF ALBEMMMARLL. a 7' •, .. Jl.11 7 1992 ittis REALTORS ; :'' �'"; --4 II_ SERVING CENTRAL VIRGINIA EXECUTIVE OfFIQI SINCE 1948 July 14, 1992 Robert Brandenburger Assistant County Executive 401 McIntire Road Charlottesville, VA 22903 Dear Mr. Bradenburger, I felt it would be helpful to let you know what progress we are making on the Ridge Restaurant in Crozet. It appears hath to date we have two viable alternatives for sewage treatment. 1. We have received permission from Gail Pickford and C & 0 Railroad to look into placing septic system on their property located directly across from the Restaurant. 2. At the request of The Thomas Jefferson Health District we are also continuing to review a request to hook up to the Crozet Sanitary Sewer. We have reviewed both of these options and currently have retained John Green of Applied Technoloy and Engineering, Inc. to do a cost take off in order to decide which solution is the most cost effective once designed we will work with all parties to determine which solution is most feasible and begin construction at the earliest possible date. This transaction has been a source of concern for everyone including myself. I hope we can continue to move forward to resolve this situation with a compatable permanent situation. Thank you for your time and consideration concerning this matter and I will continue to keep you informed. With Kindest Regards, `W. i ton Downer,III Associate Broker cc: Stephen Rice Susan McLeod Jeff McDaniel Donald Hackler Keith VanYahres Robert B. Strouble Andre Arguad POST OFFICE BOX 65 • LOVINGSTON,VIRGINIA 22949 • (804)263-5088 OR 263-5980 50 WESTFIELD RD. • CHARLOTTESVILLE,VA 2298' • RESIDENTIAL:(804)973-5393 • FARM&ESTATE:(804)978-4049 • FAX NO.:(804)974-1928 SENT BY:Xerox TeIecopier 7021 ; 3-11-92 ; 10:43AM ; THOMAS JEFFERSON HD-4 9-9724060;# 2 { \h .,• COUNTY OF ALBEMARL.k. JUN 12 1992 k •/ COMMONWEALTH of VIRQINIA EXECUTIVE OFFICE C. M G. BUTTERY, M.D.. M P.H. Department of Health STATE HEALTH COMMISSIQNE0. Richmon a Virginia 23219 March 12 , 1992 5cp4 0 , 111L Mr. Don Nielson GERTIZIaD l=L c/o Mr. W. Benton Downer, III Montague, Miller & Co. P.O. Box 7666 Charlottesville, Virginia 22901 Dear Mr. Nielson: I have reviewed your request for a variance to § S 2 . 30 and 3 . 10 of the Sewage Handling and Disposal Regulations filed on your behalf by Mr. W. Benton Downer, III. Your request is to allow the issuance of a temporary pump and haul permit for a building that you own at the intersection of U. S. Route 250 and Virginia Route 240, in Albemarle County, Tax Map Number 57-31A. The pump and haul permit will allow a proposed restaurant to open without a permanent sewage treatment and disposal system. The proposed restaurant is owned by Ridge Associates, Inc. , Keith August Van Yahres, President. Section Lie limits temporary pump and haul to one year in situations where actual construction is in progress on a permanent sewage disposal facility. Completion of the permanent facility within the one-year time limit must be assured, and bonding is also required for completion of that construction. This section further states that it must be demonstrated that temporary pump and haul is not the usual practice to permit premature and unplanned real estate or commercial development in an area where sewerlge facilities do not exist. The holder of the pump and haul p rmit must immediately report any delays from the anticipated completion date to the Department. Section 2 . 30 lists the requirements for a pump and haul permit, which include: 1) en application; 2) a conference; 3) plans and specifications for the holding facilities; 4) a contract with an approved sewage handler; 5) a detailed construction schedule for the permanent sewage facilities; 6) bonding. Section 2 .31 requires a permit for the construction of the storage facilities for pump and haul. According to the information submitted with your request, this building has housed restaurant businesses since sometime in N H StNI dY ;xerox IelecoPier iuz + d—I IIu,44Hm IMUMAJ utrrtnwiv nu-' o Mr. Don Nielson March 12 , 1992 Page Two the early 1960 ' s. In 1969 the septic system was completely washed away in a flood, and was replaced with an unapproved cesspool with an overflow pipe to the Mechum River . The Mechum River flows into a drinking water reservoir . The health department was not aware of the replacement of the septic system with the cesspool. Ridge Associates have committed substantial financial resources to the project and claim an economic hardship will result if they are not permitted to open the business as planned. Apparently, Ridge Associates came to the local health department in 1991 with plans to open a new establishment under the name of the Canaria Restaurant. They were informed that they would have to document the existing sewage disposal system. Evidently, that was when they discovered the cesspool system, which according to Mr. Downer, is covered by approximately 20 feet of fill. The cesspool system does not meet current requirements for an onsite sewage treatment and disposal system and cannot be considered usable under any circumstances . Based on information from the local health department, a suitable site cannot be found on your property for any type of onsite sewage disposal system. Apparently, you and/or Ridge Associates have been unable to obtain an easement onto adjacent property to install a sewage disposal system. in a March 6, 1992 letter to Mr. Downer, John W. Greene, P. E. , stated that in his opinion the most feasible solution for sewage disposal is to locate a suitable drainfield area and pump to it. His second recommendation is to pump to a municipal pump station, which would require the owners to obtain easements from property owners along the routs, and other permits for connection. Ridge Associates have agreed to limit their operations for the duration of the pump and haul period, with an understanding that only one meal per day will be served. They have further acknowledged that concurrence by the County Board of Supervisors with the pump and haul permit under the variance will not obligate the County Board, or the county to approve any particular sewage disposal system or hookup, nor to concur in extension of the pump and haul permit beyond one year . Based on the information filed with your request, the sewaoa Handling and Disposal Regulations, current department policy, and a showing of hardship, economic and otherwise, I am granting your request for variance subject to the following conditions: SENT BY:Xerox Telecopier 7021 ; 3-11-92 ; 10:44AM ; THOMAS JEFFERSON HDH 9- 724UbU 4 Mr. Don Nielson March 12 , 1992 Page Three A. The pump and haul permit will be issued to you and you or your agent must report the status of arrangements for the permanent system at least monthly to the local health department until a detailed construction schedule is provided and construction has started. Once construction has started, you need only report delays as per S 3 . 10.D. B. The restaurant will be permitted for 65 seats and operations will be limited to one metal per day. C. By the end of the six-month period of this variance, you must submit plans and detailed construction schedules for permanent sewage treatment and disposal facilities to the local health department. When those plans and schedules are submitted, I will consider an extension of this variance for an additional six months. If the variance is extended, bonding will be required to assure completion of the permanent facilities, as well as to assure continuation of pump and haul. If construction of the permanent facilities has started, a variance may not be needed to continue the pump and haul for an additional six months. In either case, temporary pump and haul will be allowed for no more than a total of one year, as apecifisd in S 3 . 10. This means that the permanent facilities must be operational within one year from the date of this variance. D. If the you do not submit a plan for permanent sewage facilities by the end of six months, pump and haul will be permitted only under the auspices of a government entity as specified in S S 3 . 8 and 3 .11 of the Regulations. Permanent pump and haul under these sections requires the government entity to enter into a contract with the Virginia Department of Health. Permanent pump and haul may continue indefinitely, so long as the government entity maintains a valid contract with the Department. A variance would not be required for permanent pump and haul under these sections. Mr. Den Nielson March 12 , 1992 Page Four E. The restaurant permit will be revoked and the establishment closed if the conditions in Paragraph C or D are not met. This revocation and closure will occur either six months sfomthe oe data of this variance or at one year, depending circumstances. This variance is for the property described above and the sewage disposal system described herein. It is not transferrable to another property, sewage disposal system, or owner. At all times, the system shall be operated in such a manner as to minimize the risks to public health and the environment. This variance shall be effective immediately and shall wiah expire in six months from the date of this letter. If you to challenge the conditions of this variance, your written request must be received in this office within 30 days of the date of this latter. Sincerely, Robert B. Stroube, M. D. , M.P.H. State Health commissioner . pc: Ridge Associates , Inc. Keith August Van Yahres Earl E. Virts, Jr. , M. D. Susan L. McLeod, M.D. , M.P.H. Robert w. custard Donald Heckler Albemarle County Health Department SENT BY:VA DEPT OF HEALTH ; 9-14-92 ; 1 :24FM ; OFFiGE ENV HEALTH-0 THOMAS JErrENbu N Hu,; + v r •► i • COMMONWEALTH EALTH of VIRGINIA ROBERT B. STROU3E, M.D., M.P.M. Department of Health STATE HEALTH COMMI$S!ONER P. C. eOX 2448 RICHMOND, VA 23218 September 11, 1992 Mr. Don Nielson CSRTIFIRD MA c/o Mr. W. Benton Downer, III Montague, Miller & Co. P.O. Box 7666 Charlottesville, Virginia 22901 Dear Mr. Nielson: I have reviewed your request to extend the six month variance granted to you on March 12, 1992, filed on your behalf by Mr. W. Benton Downer, III. Your request is to allow the extension of the variance for temporary pump and haul for an additional 6 month period, although the plans and detailed schedules are only partially complete and no construction has yet begun. This variance, for an extension of the temporary pump and haul permit, is for a building that you own at the intersection of U. S. Route 250 and Virginia Route 240, in Albemarle County, Tax Map Number 57-31A. This extension of the pump and haul permit will allow an existing restaurant to continue to operate without a permanent sewage treatment and disposal system. The existing restaurant is owned by Ridge Associates, Inc. , Keith August Van Yahres, President. Section 3 . 10 of the Sewage, Handling and Disposal Regulations limits temporary pump and haul to one year in situations where actual construction is in progress on a permanent sewage disposal facility. Completion of the permanent facility within the one- year time limit must be assured, and bonding is also required for completion of that construction. This section further states that it must be demonstrated that temporary pump and haul is not the usual practice to permit premature and unplanned real estate or commercial development in an area where sewerage facilities do not exist. The holder of the pump and haul permit must immediately report any delays from the anticipated completion date to the Department. Based on information from the local health department, a suitable site cannot be found on your property for any type of crsite sewage disposal system. In addition, you and Ridge Associates have been unable to obtain an easement onto adjacent VLi-I VIiIGINIA DEPARTMENT OF HEALTH Pre:0• fr 0 1b4 iHd row invva nleA4 SENT BY .VA DEP? OF HEALTH ; 9-14-92 ; 1 :24PM ; OFFICE ENV HEALTH-0 THOMAS JEFFERSON HD;# 3 Mr. Don Nielson September 11, 1992 Page Two property to install a sewage disposal system. In a September 4, 1992 letter to Mr. Downer, John W. Greene, P.E. , stated that in his opinion it is feasible to pump to a municipal pump station. This would require the owners to obtain easements from property owners along the route, to be included by Albemarle County in the service area for connection to public sewer, and would require other permits for construction of-the force main. The Albemarle County Board of Supervisors has set a date in October for a public hearing to include the above mentioned property in the service area for connection to public sewer. Ridge Associates have agreed to limit their operations for the duration of the pump and haul period, with an understanding that only one meal per day will be served. They have further acknowledged that concurrence by the county Board of Supervisors with the pump and haul permit under the variance will not obligate the County Board, or the County to approve any particular sewage disposal system or hookup, nor to concur in extension of the pump and haul permit beyond one year. Based on the information filed with your request, the Sewage Handling and Disposal Regulat ipna, current department policy, and a showing of hardship, economic and otherwise, I am granting your request for the extension of the variance subject to the following conditions: A. The pump and haul permit will be issued to you. You or your agent must report the status of arrangements for the permanent system at least monthly to the local health department until a detailed construction schedule is provided and construction has started. Once construction has started, you need only report delays as per S 3. 10.D. B. The restaurant will be permitted for 65 seats and operations will be limited to one meal par day. C. If, after the public hearing, the Albemarle Board of Supervisors decides the service area is not to be extended, all permits and variances shall cease unless permanent pump and haul is employed. The owner will have 30 days from the date of the negative action of the board to secure a suitable contract between a government entity and the Department for permanent pump and haul. SENT BY:VA DEPT OF HEALTH ; 9-14-92 ; 1 :25PM ; OFFICE ENV HEALTH-0 THOMAS JEFFERSON HD;# 4 Mr. Don Nielson September 11, 1992 Page Three D. If the variance is extended past the public hearing, bonding will be required to assure completion of the permanent facilities, as well as to assure continuation of pump and haul. In either case, temporary pump and haul will be allowed for no more than a total of one year, as specified in S 3 . 10. This means that the permanent facilities must be operational by March 12 , 1993 . E. If approval from the board of supervisors is given for inclusion in the service area, all construction must be finished with sewer connection functional by March 12, 1993 . F. If, during planning or construction, problems arise that indicate this project can not be completed, operations should cease unless a permanent pump and haul contract has been signed. G. If the conditions in paragraph C, o E are not met, pump and haul will be permitted only under the auspices of a government entity as specified in S S 3 .8 and 3 . 11 of the Regulations. Permanent pump and haul under these sections requires the government entity to enter into a contract with the Virginia Department of Health. Permanent pump and haul may continue indefinitely, so long as the government entity maintains a valid contract with the Department. A variance would not be required for permanent pump and haul under these sections. H. The restaurant permit will be revoked and the establishment closed if the conditions in Paragraph C, E, F or G are not met. This revocation and closure will occur either 30 days after the public hearing by the board of supervisors or by March 12 , 1993 , depending on the circumstances. This variance is for the property described above and the sewage disposal system described herein. It is not transferrable to another property, sewage disposal system, or owner. At all times, the system shall be operated in such a manner as to minimize the risks to public health and the environment. 5titiI by;VA UtrI Oh NtAL1H ; Q-14-92 ; 1 ;2b M ; UrrlUt tNV MtALIH-4 IMUMAS Jtrrtr uN Hu;4 Mr. Don Nielson September 11, 1992 Page Four This extension of the variance dated March 12 , 1992 shall be effective immediately and shall expire as set forth above. If you wish to challenge the conditions of this extension, your written request must be received in this office within 30 days of the date of this letter. Sincerely, (:];77/-* Robert B. Stroube, M.D. , M.P.H. State Health Commissioner pc: Joseph L. Holliday, M.D. , M.P.H. Ridge Associates, Inc. Keith August Van Yahres Susan L. McLeod, M.D. , M.P.H. Donald Hackler Albemarle County Health Department SENT BY:Xerox TeIecopier 7021 ; 3-11-92 ; 10 :43AM ; THOMAS JEFFERSON 9-9724060;g 2 • COMMONWEALTH of VIRGINIA c, M a BUTTERY, M.D., M P.H. Department of Health STATE HEA411+ COMM1S81flNEA Richmona, Virginia 23219 March 12 , 1992 Mr. Don Nielson cE,rIPsap gA=L c/o Mr. W. Benton Downer, III Montague, Miller & Co. P.D. Box 7666 Charlottesville, Virginia 22901 Dear Mr. Nielson: I have reviewed your request for a variance to S S 2 . 30 and 3 . 10 of the Sewaae Handling and Disposal Regulations filed on your behalf by Mr. W. Benton Downer, III. Your request is to allow the issuance of a temporary pump and haul permit for a building that you own at the intersection of U. S. Route 250 and Virginia Route 240, in Albemarle County, Tax Map Number 57-31A. The pump and haul permit will allow a proposed restaurant to open without a permanent sewage treatment and disposal system. The proposed restaurant is owned by Ridge Associates, Inc. , Keith August Van Yahree, President. Section 3. 10 limits temporary pump and haul to one year in situations where actual construction is in progress on a permanent sewage disposal facility. completion of the permanent facility within the one-year time limit must be assured, and bonding is also required for completion of that construction. This section further states that it must be demonstrated that temporary pump and haul is not the usual practice to permit premature and unplanned real estate or commercial development in an area where Sewerage facilities do not exist. The holder of the pump and haul p rmit must immediately report any delays from the anticipated completion date to the Department. Section 2 . 30 lists the requirements for a pump and haul permit, which include: 1) an application; 2) a conference; 3) plans and specifications for the holding facilities; 4) a contract with an approved sewage handler; 5) a detailed construction schedule for the permanent sewage facilities; 6) bonding. Section 2 .31 requires a permit for the construction of the storage facilities for pump and haul. According to the information submitted with your request, this building has housed restaurant businesses since sometime in V110H SENT BY:Xerox TeIecopier 7021 ; 3-11-92 ; 10;44AM ; THOMAS JEFFERSON HD4 9-9724060;# 3 Mr. Don Nielson March 12 , 1992 Page Two the early 1960 ' s. In 1969 the septic system was completely washed away in a flood, and was replaced with an unapproved cesspool with an overflow pipe to the Mechum River . The Mechum River flows into a drinking water reservoir. The health department was not aware of the replacement of the septic system with the cesspool. Ridge Associates have committed substantial financial resources to the project and claim an economic hardship will result if they are not permitted to open the business as planned. Apparently, Ridge Associates came to the local health department in 1991 with plans t0 open a new establishment under the name of the Galleris Restaurant. They were informed that they would have to document the existing sewage disposal system. Evidently, that was when they discovered the cesspool system, which according to Mr. Downer, is covered by approximately 20 feet of fill. The cesspool system does not meet current requirements for an onsite sewage treatment and disposal system and cannot be considered usable under any circumstances. Based on information from the local health department, a suitable site cannot be found on your property for any type of onsite sewage disposal system. Apparently, you and/or Ridge Associates have been unable to obtain an easement onto adjacent property to install a sewage disposal system. In a March 6, 1992 letter to Mr. Downer, John W. Greene, P.E. , stated that in his opinion the most feasible solution for sewage disposal is to locate a suitable drainfield area and pump to it. His second recommendation is to pump to a municipal pump station, which would require the owners to obtain easements from property owners along the route, and other permits for connection. Ridge Associates have agreed to limit their operations for the duration of the pump and haul period, with an understanding that only one meal per day will be served. They have further acknowledged that concurrence by the county Board of Supervisors with the pump and haul permit under the variance will not obligate the County Board, or the county to approve any particular sewage disposal system or hookup, nor to concur in extension of the pump and haul permit beyond one year. Based on the information filed with your request, the Sewace $and_1ing and Disposal Regulatipne, current department policy, and a showing of hardship, economic and otherwise, I am granting your request for variance subject to the following conditions: SENT BY:Xerox TeIecopier 7021 ; 3-11-92 ; 10:44AM ; THOMAS JEFFERSON HD-) 9-9724060 ;# 4 M . Don Nielson March 12 , 1992 Page Three A. The pump and haul permit will be issued to you and you or your agent must report the status of arrangements for the permanent system at least monthly to the local health department until a detailed construction schedule is provided and construction has started. Once construction has started, you need only report delays as per S 3 .10.D. B. The restaurant will be permitted for 65 seats and operations will be limited to one meal per day. C. By the end of the six-month period of this variance, you must submit plans and detailed construction schedules for permanent sewage treatment and disposal facilities to the local health department. When those plans and schedules are submitted, r will consider an extension of this variance for an additional six months. If the variance is extended, bonding will be required to assure completion of the permanent facilities, as well as to assure continuation of pump and haul. If construction of the permanent facilities has started, a variance may not be needed to continue the pump and haul for an additional six months. In either case, temporary pump and haul will be allowed for no more than a total of one year, as specified in S 3 . 10. This means that the permanent facilities must be operational within one year from the date of this variance. D. If the you do not submit a plan for permanent sewage facilities by the end of six months, pump and haul will be permitted only under the auspices of a government entity as specified in 5 5 3 . 8 and 3 .11 of the Regulations. Permanent pump and haul under these sections requires the government entity to enter into a contract with the Virginia Department of Health. Permanent pump and haul may continue indefinitely, so long as the government entity maintains a valid contract with the Department. A variance would not be required for permanent pump and haul under these sections. SENT BY:Xerox Telecopier 7021 ; 3-11-92 ; 10:45AM ; THOMAS JEFFERSON HD-) 9-9724060;# 5 Mr. Den Nielson► March 12 , 1992 Page Four E. The restaurant permit will be revekad and the establishment closed if the conditions in Paragraph C g D are not met. This revocation and closure will, occur either six months from the data of this variance or at one year, depending on the circumstances. This variance is for the property described above and the sewage disposal system described herein. It is not transferrable to another property, sewage disposal system, or owner. At all times, the system shall be operated in such a manner as to minimize the risks to public health and the environment. This variance shall be effective immediately and shall expire in six months from the date of this letter. If you wish to challenge the conditions of this variance, your written request must be received in this office within 30 days of the date of this letter. Sincerely, Robert B. Stroube, M.D. , M.P.H. State Health commissioner . pc; Ridge Associates, Inc. Keith August Van Yahres Earl E. Virts, Jr. , M.D. Susan L. McLeod, M.A. , M.P.H. Robert w. custard Donald Heckler Albemarle County Health Department