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By DAPHNE HUTCHINSON
Rappahannock News Staff Writer
In March, Rappahannock’s Board of Zoning Appeals granted Jon Hur a variance to setback regulations, clearing the way for construction of a house on the quarter-acre lot in Rappahannock Lakes subdivision.
But there was a proviso: Mr. Hur had to obtain reassurance from the Health Department that the existing septic system and well meet current standards. Jack Lockhart, the Health Department’s local sanitarian, refuses to give that reassurance, at least as far as the well is concerned, and so the variance “may not be acted upon," according to a memo from BZA chairman Lee Bird.
And while Mr. Lockhart bases his refusal on . the existence of a public water system in the subdivision, the Health Department’s office of water programs in Culpeper says records indicate that the system has not met that definition since some time in 1979.
The latest chapter in the story of Rappahannock Lakes, a 70-lot subdivision north of Amissville which predates the county’s zoning and subdivision ordinances, was continued at last week's BZA meeting.
“The Health Department did not approve the well originally, so they won’t say it’s legal or illegal,” Mr. Hur told the zoning board members. “They have no jurisdiction.” But he added that well driller Larry LeHew, who installed the ungrouted, 200-foot well on Lot #3, had assured him “it’s a good well, a fine well.”
Beginning Sept. 15, when new regulations take effect, the Health Department will issue permits for all drinking water wells. But under current law, no permits are required for private wells, zoning administrator John McCarthy confirmed.
I* BZA member Peter Kramer acknowledged •'that the Health Department’s jurisdiction presently extends only to setting the distance a new septic field must be from a well. In adding the condition to Mr. Hur’s variance, the BZA merely wanted affirmation that the distance between the ungrouted well and the septic field on Lot #3 meets today’s standard of 100 feet, he said.
“The well is not 100 feet from the septic system, but I have what I hope will be an acceptable solution,” said Mr. Hur, setting a “pollution
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