On July 7, 2009 the Contra Costa Health Services Department, Environmental Health Division, received an application from George S. Arata, Sr., for soil borings (well test holes) for the property located at 18615 Marsh Creek Road, Brentwood. The application was reviewed, and permit approved on July 9, 2009 based on information provided with the application packet.
On August 14, 2009, Environmental Health received applications to develop two of the soil borings into water wells, and an application from Mr. Arata for approval of variances from the Health Officer Regulations, pertaining to well set backs and protection. Specifically, the variance application requested that one well be allowed with a setback of 8 feet from the neighboring property line, and that the second well to have an annular seal of less than 50 feet in depth.
Both variance requests were denied and a letter informing the applicant of the decision was sent on October 1, 2009. On October 28, 2009 the County received a letter from Mr. Arata, appealing the variance decision and requesting a hearing before the Board of Supervisors.
The appeal hearing was scheduled on December 15, 2009, at which time the Board of Supervisors opened a public hearing, accepted public testimony, and directed the Health Services Department to continue to work with the Mr. Arata to identify an acceptable resolution.
On January 6, 2010 the Environmental Health staff meet with Mr. Arata to discuss the reasons his original request for variances was denied. During the meeting, all parties agreed to a resolution which would allow a variance to be issued that would meet all Health Officer Regulations. Mr. Arata then agreed to withdraw his appeal.
Therefore, the appelant has agreed to withdraw his appeal.
Staff will require a continuance in order to prepare a staff report responding to the appeal.