From: Mark Brest van Kempen <>
Date: October 29, 2004 9:47:28 AM PDT
To: jun <>
Cc: <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>, <>
Subject: [Friendsof2Creeks] Leona Quarry violations 10 29 04

 After the rain earlier this week the silt in the creek released from the quarry settled out but never completely as is normal for the creek before construction activities began. Today, after no further rain, the creek has silted up again.

 It is my understanding that "all water coming off the construction site must be clean".

 This would appear to be yet another violation by the developers of the Terms of Agreement with the City.

 I understand that there was no levy of fine for the October 19th event that released a large amount of sediment into Chimes Creek for four days.

 Has there been a fine imposed for October 25th and 26th when a large amount of silt was released into Chimes Creek? Last I heard the City was waiting to hear from the RWQB before determining if a fine should be imposed.

 Am I to understand that the City is not fining the developer until the State forces it to? It is my understanding that the City is legally responsible for overseeing this project and assuring that the developer not violate the Terms of Agreement.

Mark Brest van Kempen
  3835 Delmont Ave
  Oakland CA 94605

 510 568 6889