From: Mark Brest van Kempen <mbvk@sbcglobal.net>
Date: August 5, 2004 11:12:39 AM PDT
To: <fosalbo@oaklandnet.com>
Cc: <aschwarz@oaklandnet.com>, <lcestes@oaklandnet.com>, <wmadison@oaklandnet.com>, <muzegbu@oaklandnet.com>, <dbrooks@oaklandnet.com>, <mmiro@oaklandnet.com>, <khl@rb2.swrcb.ca.gov>, <lmt@rb2.swrcb.ca.gov>, <friendsof2creeks@yahoogroups.com>, <sluntz@ousd.k12.ca.us>, nancy sidebotham <nannystu@pacbell.net>, <farwesteng@aol.com>, <ccappio@oaklandnet.com>, <tcaspers@cctimes.com>
Subject: Latest violations from Leona Quarry

Jun
 I am attaching pictures that document the latest violations from the construction in Leona Quarry. Once again Chimes Creek has been brown with silt for the past several days. Today it is completely opaque as it was yesterday.

 Although I havent sat down to count them yet, this brings the number of violations involving contamination of Chimes Creek to around 30.

 To the community, these have all been clear violations of the Terms of Agreement for this project. I am wondering if legal action is the only way to get the City to make the developers stick to what they agreed to.

 I understand that this latest problem is the result of the developers underestimating the size of the settlement pond and underestimating the amount of water on the site. This does not make me feel confident about the developer's assurances that the detention pond is large enough and that they really know what they are doing.

 --
 Mark Brest van Kempen
  3835 Delmont Ave
  Oakland CA 94605
 510 568 6889