From: Mark Brest van Kempen <>
Date: May 11, 2005 11:14:12 AM PDT
To: "Osalbo, Faustino Jun" <>, 'Barbara Sutherland '

Cc: "Brooks, Desley" <>, "Nadel, Nancy" <>, "Uzegbu, Marcel" <>, "Estes, Lesley" <>, "Schwarz, Alison" <>, "''" <>, "''" <>, "''" <>, "Neary, Mike" <>, "''" <>, Office of the Mayor <>, "''" <>, "''" <>, "Ward, Ron (PWA)" <>, "Lau, David W" <>, "Sweiss, Fuad" <>, "''" <>, "''" <>, "Madison, William" <>

Subject: [Friendsof2Creeks] Re: Chimes Creek turbidity and pumping
 Dear Jun
  I must say that I am very surprised at the lack of understanding that DeSilva has shown about the Creek on which they are working.
  Chimes Creek DOES flow through Mills College . It passes under Seminary  avenue and daylights again as it flows through Mills. Later Chimes Creek connects with the other tributary of Lion Creek that also flows through  Mills.
  The pictures that DeSilva staff took of Lion Creek tributary have absolutely no relevance to the community's complaints. The suggestion that we might  confuse the Creek running through our back yards with a different Creek that  flows half a mile away is extremely absurd and a red herring.
  I am also troubled by your implication that my acknowledgment of increased  turbidity in Chimes Creek after rain explains my own complaints. As I have  stated in several recent complaints to you Chimes Creek now turns completely  opaque and quarry colored after rains. This is not the normal increased  turbidity previously associated with rain which is grayish and semi opaque.  Furthermore you saw this unusual turbidity yourself at my property on  Monday and at the time we spoke about how this turbidity was very different  from pre-construction turbidity associated with rain.
  I ONLY make complaints when there is UNUSUAL turbidity or volume. I have NEVER complained about NORMAL increases in turbidity or volume from rain.
  In the past all turbidity of this nature that has been explained has been attributed to releases from the Leona Quarry construction site.
  DeSilva's suggestion that this increased turbidity is from bank erosion  further illustrates a lack of understanding of this watershed. The banks of  Chimes Creek  below the Quarry are composed of dark colored clay. The opaque  turbidity is exactly the same orange color as the soil in the quarry.
  If I was incorrect in my calculations about pumping I apologize. The numbers  that I used were given to me by City staff.  In order to more accurately assess the amount of water pumped into the Creek  I request that DeSilva provide records showing 1) Dates of pumping, 2) The  amount of time pumping occurred on each day and 3) The volume of pumping on  these days. The 40 days of pumping that DeSilva suggests occurred does not  correspond with my records nor does it correspond with the records of   Alameda County Flood Control.  And as you know Alameda County Flood Control's data also suggests that large  amounts of water were artificially added to Chimes Creek at night after  rains. This has still not been explained.
  In any case, using DeSilva's numbers for now and imagining pumping for a six  hour day would result in 130,870 gallons pumped into Chimes creek. If you  put that water in gallon bottles and lined them up it would stretch over 12  miles. In addition 48.6 cfm roughly doubles Chimes Creek's normal flow.
  Finally I find it strange that DeSilva keeps stating that they have complied  with all water quality standards when they have been fined three times for  violating these standards.
  I just looked at the Creek (10:15 5/11/05) and it is again opaque and quarry colored, the level is high from pumping and it hasn't rained at all.

Mark Brest van Kempen
  3835 Delmont Ave
  Oakland CA 94605

 510 568 6889

 on 5/10/05 5:17 PM, Osalbo, Faustino Jun at wrote:Mark & Barbara,

 Attached is an email response from DeSilva Gates Construction investigating turbid water during the rain.

 Please note that when it rains and there is increase flow at Chimes Creek, the flow in Chimes Creek is turbid,  as confirmed many times by Mark Brest van Kempen. This has been the case last Wednesday, May 4th when  rain fell in the afternoon; Thursday and Friday, May 5th & 6th.   Rain continued sporadically Sunday and Monday.

 I am confirming what transpired last Friday as reported by DeSilva Gates in the email: NTU reading at the pond was 7 NTU and DeSilva Gates Construction was granted permission to dump the clean water into the City storm system.

 I verified the output of the subdrain pipes located at Mountain Blvd inlet: the subdrain water was clean. There was negligible water flow at the other three locations where subdrain flows and v-ditches are directly connected into the storm system.  I concluded that there is no dirty water leaving the Leona Quarry.

 Jun Osalbo 

Senior Construction Inspector