Date: Mon, 28 Nov 2005 12:37:26 -0800
Subject: Leona Quarry permitting problems
From: Mark Brest van Kempen <>
To: "Ward, Ron (PWA)" <>, "Osalbo, Faustino Jun" <>
CC: "Brooks, Desley" <>, "Nadel, Nancy" <>, "Uzegbu, Marcel" <>, "Estes, Lesley" <>, "Schwarz, Alison" <>, "''" <>, "''" <>, "''" <>, "Neary, Mike" <>, Office of the Mayor <>, "''" <>, "''" <>, "Lau, David W" <>, "''" <>, "''" <>, 'Barbara Sutherland ' <>, <>, "Mirsaeidi, Emad" <>, nancy peterson <>, "Movassaghi, Maziar" <>, "Cappio, Claudia" <>, <>


Thank you for following up on the Creek Permit for the Ridgmont Basin area
of the Leona Quarry Development.

After work started in this area months ago without ANY creek permits, the
community raised the issue that a creek permit was necessary. Work was
stopped and the City determined that a creek permit was indeed necessary.
This should have been determined when the plans were originally submitted
but the City was apparently negligent in doing this at that time.

Now the City has required a category II creek permit which clearly states
that no earthwork may take place and further that no work at all may take
place within 100 feet of the creek. Since there was a great deal of
earthwork done in that area and the work was done within 100 feet of Chimes
Creek it seems that the City is not following its own ordinances in this
matter by requiring only a category II permit.

It would seem that the City is giving preferential treatment to DeSilva
Gates regarding permitting and since I believe that this situation may have
crossed a legal line, I would like the name of the official that made the
determination that a category II permit was all that was required for this
work and their reasoning.

Thank you for looking into this.

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