Date: Tue, 19 Oct 2004 17:20:38 -0700
Subject: Leona Quarry violations
From: Mark Brest van Kempen <>
To: <>
CC: <>, <>,   <>, <>,   <>, <>,   <>, <>, <>,   <>, <>,   <>, <>, <>,   <>, nancy sidebotham <>,   <>, <>,   <>, <>,   <>, <>,   <>

Dear Desley,
Attached are photos showing Chimes Creek after the rain this morning. After the creek rose in a fairly normal way it suddenly turned extremely silty. I called Jun Osalbo inspector for the Leona Quarry development to investigate.

We both looked at the site and after being assured that the detention pond was not releasing any water by the contractors, we found that actually a great deal of extremely silty water was being released from the detention pond directly into the City's storm drain system and then into Chimes Creek.

According to the Terms of Agreement between the developer and the City this is a clear violation.

After this one day storm event, all of the measures to prevent dirty water from entering the storm drain system and Chimes Creek are over capacity and have failed. A large percentage of the hydroseed has washed away and failed. Several large swaths of wattle have failed. The baker tanks are full to capacity and are overflowing.

I am extremely concerned and disappointed with how this project has been executed so far. I have been repeatedly assured by both the City and the developers that this project won't have any negative impact on the Creek and yet I have documented many, many violations most of which have been largely ignored by the City.

I hope that you will make it clear to the developers that the City will not stand for these violations that pollute our water, erode private and public land and make a mockery of agreements that the City is charged with upholding.

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

Quarry 1- Chimes Creek as it appeared today.

Quarry 5-Detention pond full of silt and debris.

Quarry 9-dirty water overflowing small pond and baker tanks into storm drain.

Quarry 10-Chimes Creek flowing onto construction site from above the site.
This is the creek that the city says does not exist!

Quarry 3-Hydroseed meant to stabilize slopes washed off hillside.