From: Mark Brest van Kempen <>

Date: March 23, 2005 2:26:34 PM PST

To: nancy sidebotham <>, Chiye Azuma <>

Cc: Julie Gantenbein <>, Ralph Kanz <>

Subject: the latest

 There is no life in the creek between the upper section of the Creek and our section. If you want to talk life destruction- think of all the plants and animals that I used to see in the quarry. There are thousands of lizards, snakes, rabbits and tree frogs to name a few that took refuge in burrows and are now plowed under.

 Heres the latest:

 I met with Jun and went over the plans as well as the fact that the detention pond completely filled up in about five hours.

 He told me that the city stopped work in the upper section until it could be determined if a creek permit was needed. My jaw dropped as I 'expressed" to him that 1) it was obvious that a permit was needed since some of the work was being done in the actual streambed. And 2) Why the hell didnt the City have all this worked out before grading started in April. He said this was all Environmental Services area. We went around and around. I told him that if the City wants to use Chimes creek as storm drain they bear some responsibility for maintaining it. He told me that he thought the City was getting close to that point.

 He also told me that he fined DeSilva yesterday for noncompliance on Snake fence stuff. Thats 4 fines for water one for snake fence.

 After he left I called William Madison of Environ Serv. He said that the City WAS requiring a creek protection permit for the work up there. He said that he would go up there today and look at the situation. I suggested that he look carefully at the situation so that mistakes made in creek delineation in the lower quarry are not repeated.

 I called Jun back and said that William told me that the City WAS requiring a permit. Jun reiterated that they were still studying it. I expressed my confusion at their confusion from information at the same meeting.