Date: Fri, 30 Jul 2004 19:09:54 EDT
Subject: [Friendsof2Creeks] Request from State Water Quality Control Board


I am hoping that you are able to follow up on the following letter that was sent to DeSilva from the State Water Quality Control Board.  Please let us know how the City and the developer have responded to this request.  Also, there were a number of items - including a groundwater test and a revised SWPPP - that was requested after the State visit on June 8.  It has been close to 2 months since that visit.  Please find out and let us know what happened to those.

I also feel that I need to clarify with you and Desley that the questions and requests that we have been making to the City and the Developer are all covered in the Conditions of Approval, or they are requirements set forth by local and state code (construction site BMPs, for example).  In your email, you write "The City will not push for any modifications that are not required under the conditions of approval."  I fully understand that you will not do so, and I believe that I have made that clear in the past to Desley as well.  If you are referring to any one request or demand that we have made in the past that you or Desley believe is NOT part of the conditions of approval, please let us know.  We need to make sure that we are on the same page, and that you are representing our interests.

I would also like to request of you to follow up on the list of questions that I sent to you more than 2 months ago - for your convenience, they reference the corresponding sections in the Conditions of Approval.  I have not had a response from Marcel, so perhaps you can encourage him to respond to these items.  At the meeting he seemed to be saying that these items have not been addressed yet at this stage in the design or permit process.  I do not believe that to be the case; and would ask the City to take another look and respond to us.

For your reference, the message sent from the State to DeSilva is as follows:

>>> "Laurie Taul" <> 07/19/04 03:35PM >>>
David and Kent (DeSilva Gates):
We have been notified of various silty non-storm water discharges occurring at your site, since our last visit. Attached are photos of the latest incident, occurring on July 10, 2004. Although it appears that the cause was a broken water main located above your project, it's evident that your temporary holding basin and filtration system has been overwhelmed, resulting in a sediment-laden discharge to the downstream creek.

I assume that the City has been in contact with you regarding this incident; however, our office would like a detailed update from you regarding the corrective actions taken. Please respond to this request as soon as possible, including photos of the collection system and any other affected areas. You soon will be receiving a letter from our office which stipulates monitoring requirements, as we discussed during our June 8th site inspection.

Thanks, Laurie Taul

Laurie M. Taul
Environmental Scientist
Environmental Compliance and Enforcement Team
San Francisco Bay
Regional Water Quality Control Board
1515 Clay Street, Ste. 1400
Oakland , CA   94612

ph: (510) 622-2508
fax: (510) 622-2460