From: Mark Brest van Kempen <mbvk@sbcglobal.net>
Subject: Leona Quarry construction Damages Chimes Creek
Date: September 13, 2006 10:30:37 AM PDT

To: ron ward <rgward@oaklandnet.com>, chang <cityochang@aol.com>, jun osalbo
<fosalbo@oaklandnet.com>, marcel uzegbu <muzegbu@oaklandnet.com>, ann riley
<alr@swrcb.ca.gov>, lesley estes <lcestes@oaklandnet.com>, Ali Schwartz
<aschwarz@oaklandnet.com>, keith lichten <klichten@waterboards.ca.gov>, chiye azuma
<chiye@cazuma.com>, nancy sidebothom <nannystu@pacbell.net>, david lau
<dwlau@oaklandnet.com>, friends of 2 creeks <Friendsof2Creeks@yahoogroups.com>, mike neary
<mjneary@oaklandnet.com>, fuad sweiss <fssweiss@oaklandnet.com>, office of the mayor
<OfficeoftheMayor@oaklandnet.com>, desley brooks <DBrooks@oaklandnet.com>,
NNadel@oaklandnet.com, jean QUAN <jean@jeanquan4council.org>
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To: Ron Ward

Ron,

As you are aware construction activities by DeSilva Gates at Leona Quarry broke a water main yesterday
creating a 90 foot geyser that shut down two lanes of traffic on 580. This water ended up in Chimes Creek
creating a large surge of extremely muddy water that didnt clear out until today. Today the entire length of the
creek is filled with silt from this spill.

This water also contained chloramine which is extremely toxic to fish, frogs and other aquatic life. As far as I can
tell this spill effectively killed all the life that was in Chimes Creek.

Does this constitute a violation of DeSilva Gates' permit for this project?

For the past several years I have been trying to reintroduce Pacific Tree Frogs into Chimes creek that were here
in abundance before repeated sewage spills and silt from construction did them in. It is very frustrating to try to
improve the environment of Oakland while the City allows developers to wreak havoc on these efforts.

This event also shows that the current design of the development will transfer any kind of toxic spill (oil, fertilizer
etc) that happens on the Leona Quarry site directly into Chimes Creek.

If the City does not hold the contractor responsible for this damage who is responsible?

The attached pictures show the geyser of water and the resulting surge of mud in Chimes Creek.


Mark Brest van Kempen
3835 Delmont Ave
Oakland, CA 94605