From: "Osalbo, Faustino Jun" <fosalbo@oaklandnet.com>
Date: Tue, 5 Apr 2005 09:19:20 -0700
To: "'Mark Brest van Kempen'" <mbvk@sbcglobal.net>
Subject: FW: volume anomalies in chimes creek

Mark,

See attached response from DeSilva.
I have spoken with Frank Cudd of Alameda County , #670-5783. He will besending me more info: empirical data during that week, i.e. rainfall. There is more to know about the reading.

Jun Osalbo

-----Original Message-----

From: Kent Peyton [mailto:kpeyton@desilvagates.com]
Sent: Wednesday, March 30, 2005 6:16 PM
To: Osalbo, Faustino Jun
Cc: Charley Lella; Peter Helseth; David Chapman; Uzegbu, Marcel; Ward, Ron(PWA)

Subject: RE: volume anomalies in chimes creek


Jun,

I apologize for it taking so long to get the inference of this e-mail.  My comments regarding any portraying of the DeSilva companies to knowingly and willfully illegally discharging to the Chimes Creek is:

 The DeSilva Companies have gone to great efforts to provide a beneficial improvement to an old quarry site.  Significant mitigation measures have been agreed to in order to provide this improvement.  The companies would not knowingly break any laws or regulations, or in any other manner, knowingly put those efforts at risk.  The company has provided, as required by multiple jurisdictional forces, notices of all storm water discharges we have been aware of.  If any employee intentionally, knowingly, illegally discharges from the site, we will take the appropriate actions, upon discovery of those acts.

Now, having said all that, I have no idea if these so called 'anomalies' correlate to storm or rain events, approved bypasses of the detention basin due to the water being 'clear', or if they correlate to anything at all.  At this stage of the game, after repeated out of context statements by this same group of people, I feel it is a waste of my time and effort to respond further than what is contained in this e-mail.  Please feel free to contact me if there is some more pertinent information on this issue that can directly tie to this project.  Thanks.

Kent Peyton

-----Original Message-----
From: Osalbo, Faustino Jun [mailto:fosalbo@oaklandnet.com]
Sent: Wednesday, March 30, 2005 11:25 AM
To: Kent Peyton
Cc: Charley Lella; Peter Helseth; David Chapman; Uzegbu, Marcel; Ward, Ron(PWA)
Subject: FW: volume anomalies in chimes creek


Kent ,

See attached graph.

I have asked Mark to provide more info showing where this graph is being taken and the agency responsible. Mark is comparing the graph which shows November 2004 to last Saturday, 3-26-05. Do you have any comments or can you get the entire reports from the agency getting these readings? Thanks, Jun

-----Original Message-----
From: Mark Brest van Kempen [mailto:mbvk@sbcglobal.net]
Sent: Wednesday, March 30, 2005 11:01 AM
To: jun
Subject: volume anomalies in chimes creek


Jun

Attached is a graph of Chimes creek flow volume from Alameda County Flood Control showing what appears to be regular releases of water in Chimes Creek in the middle of the night after storms. There are several of these anomalies. I have attached a period between 11/20/04-11/26/04. These graphs corroborate my visual assessment of increased flows in the middle of the night the latest of which was last Sat night 3/26/05.

I would appreciate you investigating these releases of water.

Thank you,

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

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