From: Mark Brest van Kempen <>
Date: October 20, 2004 10:42:45 PM PDT
To: "Brooks, Desley" <>
Cc: <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, pink nose peterson <>, <>, <>, <>, <>, <>, <>
Subject: [Friendsof2Creeks] Leona Quarry violation update

Dear Desley
 Thank you for overseeing this problem with the Leona Quarry Development. As of 9:00pm 10/20/04 Chimes Creek is still completely opaque with silt. This is the second day that the Quarry development has polluted the creek from this latest rain. There has been no rain here since last night and yet the silt keeps coming.

 DeSilva has been assuring all of us including City staff that the detention basin will not only solve excessive run-off (which it hasn't) but will also allow silt to settle and prevent it from entering the lower portion on Chimes Creek.

 What I am seeing and documenting is quite the opposite.

 Before the grading in the Quarry, a rainstorm of the magnitude that we got on 10/20/04 would produce less silt at the beginning of the run-off, then would clear out a few hours after the rain stopped.

 After the detention basin is in place we got much more silt during the storm which is continuing for DAYS after the rain stopped. THIS IS EXACTLY THE OPPOSITE OF WHAT THE DEVELOPERS PROMISED.

 The inspectors for the City asked DeSilva to "fix the problem today" on 10/19/04. It is now the end of 10/20/04 and the problem is still not fixed.

 Another clear violation of the terms of agreement.

 We, the downstream citizens, who time and time again are seeing and documenting the clear discrepencies between what the developer says they will do and what they actually do, have no confidence in them.

 They also told me to my face that no water was leaving the detention basin when it actually was.

 Because of the repeated violations of this developer on this site we hope that you will hold them to the standards that they agreed to, and take some time to put in place measures that will minimize the damage that is sure to come when we get some real rain.

 Please see postscript.


 Mark Brest van Kempen
  3835 Delmont Ave
  Oakland CA 94605

 510 568 6889

 I am attaching the photographs from yesterday's email because I heard that many City staff did not receive them. My apologies if you have received them already.
 Key to images:

 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
 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.

quarry1.jpg ¨quarry5.jpg ¨quarry9.jpg ¨quarry10.jpg ¨quarry3.jpg ¨