From: Mark Brest van Kempen
To: Ward, Ron (PWA)
Cc: Brooks, Desley ; Nadel, Nancy ; Uzegbu, Marcel ; Estes, Lesley ; Schwarz, Alison ; 'khl@rb2.swrcb.ca.gov' ; 'friendsof2creeks@yahoogroups.com' ; 'nannystu@pacbell.net' ; 'lcasey@angnewspapers.com' ; Neary, Mike ; 'tcaspers@cctimes.com' ; Office of the Mayor ;'gantenbein@n-h-i.org' ; 'chiye@cazuma.com'

Sent: Thursday, December 09, 2004 5:18 PM
Subject: Re: increased flow in creek

Ron

Thank you for your response.

I wanted to let you know that on the day that I received your email (12/8/04) the large detention pond did overflow into the storm drain and into Chimes Creek as documented by City inspector:

"Today 12/8, there is discharge from the pond thru the square opening and may continue until midday. The discharge at this location will probably continue until it stops raining."

I understand water from the pond on 12/8/04 had a turbidity reading of 361 NTU. I believe that this sustained discharge from the pond is approximately 7 times the turbidity acceptable by the State.

Does the City understand this to be a violation by the developer?



Mark Brest van Kempen
3835 Delmont Ave
Oakland CA 94605