From: Mark Brest van Kempen <mbvk@sbcglobal.net>
Date: March 23, 2005 12:18:46 PM PST
To: <Friendsof2Creeks@yahoogroups.com>, "Osalbo, Faustino Jun" <fosalbo@oaklandnet.com>
Cc: "Brooks, Desley" <DBrooks@oaklandnet.com>, "Nadel, Nancy" <NNadel@oaklandnet.com>, "Uzegbu, Marcel" <MUzegbu@oaklandnet.com>, "Estes, Lesley" <lcestes@oaklandnet.com>, "Schwarz, Alison" <aschwarz@oaklandnet.com>, <klichten@waterboards.ca.gov>, <friendsof2creeks@yahoogroups.com>, <nannystu@pacbell.net>, "Neary, Mike" <mjneary@oaklandnet.com>, Office of the Mayor <OfficeoftheMayor@oaklandnet.com>, <gantenbein@n-h-i.org>, <chiye@cazuma.com>, "Ward, Ron (PWA)" <rgward@oaklandnet.com>, "Lau, David W" <dwlau@oaklandnet.com>, "Sweiss, Fuad" <fssweiss@oaklandnet.com>, <jean@jeanquan4council.org>, <cityochang@aol.com>, Ralph Kanz <rkanz@earthlink.net>, william madison <wmadison@oaklandnet.com>, pink nose peterson <ngpeterson@sbcglobal.net>, steve leikin <sleikin@sfsu.edu>

Subject: detention pond overflow again

1-Judging from the sudden increase in turbidity in Chimes Creek during last night's storm, the detention pond in Leona Quarry once again overflowed. The two 36" outlet structures have been reduced to about 1 inch or less and there is more rain in the forecast. This overflow is after all the sub drain water and the water from Ridgemont development are bypassing the pond.

I still wonder how this system that was apparently scrutinized so carefully could be so woefully inadequate. I hate to sound like a broken record but I am very concerned what will happen when things start getting paved and the site starts generating REAL run off.

2-Also apparently DeSilva was charging ahead with work in the area above the main site where everybody agrees there is a creek. Brush clearing, tree removal, snake fencing is all being done within 100 feet of the Creek. This would seem to be in violation of the City Creek Ordinance as well as Fish and Game regulations. The City has halted this work to determine if a Creek Protection permit would be needed in this area. Why this determination is being made now in the middle of construction I dont understand.

 Since the City apparently made some serious errors in determining the existence of Federally protected waters lower down in the Quarry, I would recommend that the City does not repeat its mistake and this time makes a determination about the upper portion of Chimes Creek that will not be called into question by later legal action.

Furthermore if the plan is to divert the upper portion of Chimes creek into the 72 inch trunk line to the detention pond, I believe an Army Corp of Engineers permit is required. At least thats the way other cities in the United States do it.

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