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Old     (leykis1o1)      Join Date: May 2005       10-17-2006, 5:07 PM Reply   
Read these e-mails i was forwarded ..what do you think..will it happen??

To everyone receiving this email

Nine days ago, I sent this email below to Curtis Weeks , GM of the Monterey County Water Resources Agency and as of 5:30 pm Friday, Oct. 13, 2006 I have received no response. I am not at all surprised. In more than 30 years of dealing with the Monterey County Water Agency, I learned many years ago, that when you ask a question requiring an honest answer and that honest answer may or will jeopardize the Agency’s agenda, never expect an answer. Instead, expect to be ignored.

There is a chain of emails below, which I began Oct 2, 2006 when it became very clear to me that the Agency’s representative, Bob Meyer s, was not putting out truthful and accurate information to the public, from the Agency, regarding the future lake levels of Nacimiento in 2007-2008, during the spillway modification construction project.

As can be seen below, Curtis Weeks responded to my Oct 2, 2006 email inquiring about the lake level required at the start of construction on the spillway modification, with a rather vague and less then concise answer. He said they have a “strategy to keep the lake between 760 and 770 msl”, but goes on to “admit” that to complete the project, an elevation of 750’ msl will be required.

This project isn’t being undertaken based on strategy; it’s a massive construction job that requires the demolition of at least 1000 sq. yards of concrete. Which will be taken by cutting off the top of the Nacimiento Spill way as it exists today by more than ten feet deep and the length of over 200 ft.
This project has cost millions in engineering and it involves a dam and the safety of the dam and the thousands of people that live down stream. Every single part of this project is based on sound engineering, not strategy.

Curtis Weeks knows this is true and he also knows the rest of the story, but he doesn’t want the public to know until it’s absolutely impossible to hide it any longer.

Typically, that’s when they say, well we did our best, we really didn’t want to drain the lake but those people at the State are going to make us and we just don’t have any choice.

I have listened to this method of telling it like it is, after it’s too late to plan for it, (I am not saying or advocating stopping it) I am saying plan for it. For over 30 years. They did exactly the same thing with the SVWP. So even people like me had no idea what was about to hit us smack in the face until the very last minute when the released the EIR.

So here’s where we are at folks. If they start the spillway modification as currently scheduled in April 2007, before they can put any men or equipment in the spillway channel upstream of the dam, Nacimiento will have to be lowered to at least elevation 750” msl or 40% of total capacity.

Today, my attorney and I learned from the State Division of Dam Safety, the regulators as Curtis Weeks has called them in his email, that the Water Agency filed a request with the DSOD in July 2006, for permission to spend two years doing the construction instead of just one summer season from April through Sept.

DSOD granted that request. They also made it subject to a condition that the lake be maintained at an elevation that will guarantee that in the event of a 100 year storm. No water will run over the top of the dam spillway until construction is 100 % completed.

As I said in my emails to Curtis Weeks and his Agency, that means one thing, Nacimiento will have to be completely drained prior to Sept. 30, 2007. to meet this condition.

Nacimiento has and can go from dead empty to completely full in less than 60 days. DSOD has recently received the Agency’s plan; a plan the Agency has yet to admit even exists. I am certain that plan will call for totally draining the reservoir there’s simply no choice. But the DSOD will not release to the public, what the plan will be until they have agreed to it or noticed the Agency of changes they will require them to make, that’s fair enough, it’s the Agency that should be telling us, not DSOS.

I have played this game with the Monterey Co. Water Agency for a long time, I know how it works and I know how Nacimiento works. I may be just a bit off, but I am not far, which DSOS confirmed today.

This information should have been given to the public months ago it’s important to many people, not the least of whom work and live around the lake. It will affect your businesses your jobs and the values of your property. And once the project is completed, the Salinas Valley Water Project will be up and running and using more water then ever in the history of these two reservoirs, so it can be pumped away from the Salinas river to Castroville where the land owners long ago depleted their ground water and no have nothing to pump but sea water.

For those of you that have visited my website, svwpdata.com, you have had your last visit for a while, the lawyers and Curtis Weeks didn’t like the way I was sharing the truth and this week, sent a long winded Motion to the Judge in Los Angeles asking her to tell me to turn it off. So I did. So much for freedom of speech and truthfulness.

We will however, soon be bringing Mr. Bob Meyer s to the witness stand in LA, with all his documents and we will find out exactly what Mr. Meyers has been hiding from everyone all of these months, very soon. When we do, I’ll do my best to make sure everyone get the results.

Until, plan as you see fit and be wary.

Dan Heath

--------------------------------------------------------------------------------

From: dan heath [mailto:]
Sent: Wednesday, October 04, 2006 5:45 PM
To: 'Weeks, Curtis Ext.4896'
Cc: 'Johnson, Robert'; Bob Meyer (meyerb@co.monterey.ca.us); 'boba@taproduce.com'; John Baille (); David Hart ; 'dustin@nacimientoresort.com'; 'Shepherd, Thomas J.'; John Pinio (inioj@co.monterey.ca.us">pinioj@co.monterey.ca.us); 'Ralph B. Allison'; 'CTTB@co.monterey.ca.us' ; KEVIN PIEARCY ; 'khowe@montereyherald.com'
Subject: RE: Monterey County Water Resources plan to drain Nacimiento to the bottom in 2007

Curtis
Thank you for your reply. I am still concerned with the same basics I have been for the last 6 months. Let me try and explain my concerns and questions so that you can reply to me on each specific question.

Based on this reply, I understand current strategy for lake elevations is 760-770, however that is based on regulatory approval.

1.) Because the elevation of the bottom of the flood gates channel is about 755’ like the bottom of the gates, to access the upstream side of the spillway would require some method of bridging the flood gates channel or damming it off, neither of these alternatives seems very feasible, or is it what the Agency is planning to do?

2.) If one of these methods is being planned by the Agency please tell me so I have a comfort level with your current strategy, if not, isn’t it very reasonable to assume that for the safety of the construction crews and equipment, you will have to take the elevation down to 750’?

3.) You say that the lowest elevation necessary to complete the Project and safely protect the workers is elevation 750’, isn’t this the elevation actually required during virtually all of the construction that will take place from the upstream side of the spillway, on the spillway?

4.) What elevation will the regulators require the Agency to drop the reservoir too, assuming the project is not completed by Sept 2007 and the spillway is not fully functional with an operating inflatable gate?

5.) It seems reasonable that even without the regulators requiring lowering of the reservoir, the Agency would do so for safety reasons, if any part of the project is incomplete in such a way that uncontrolled water flows over the spillway might jeopardize the safety of the dam or the safety of those people and property down stream of the dam, is this true?

6.) It appears that the Agency will be making large releases from Nacimiento between Nov. 1, 2006 and Dec. 31, 2006 and dropping the reservoir to elevation 769’
based on the latest res. release schedule just prepared by the Agency, will releases continue if natural flows occur in Nov. or Dec., or will the Agency stop releases as long as the reservoir is within the flood rule curve limits?

7.) In past years, when releases have begun after the end of the River Channel maintenance period in Nov. large releases were made from San Antonio to supplement the flows from Nacimiento, this year according to the res. release schedule that is not what will happen, isn’t this because it is necessary to drop Nacimiento and keep it dropped throughout the winter, so it is low enough to begin construction on the dam in April?

8.) San Antonio will be virtually full going into the winter, that means it may flow uncontrolled over the spillway all winter if it is a wet year is that what the Agency plans to let happen?

9.) Beginning next April, if Nacimiento is at 750’ or 40% capacity with just 150,000 af in storage and if San Antonio is completely full and you do not plan to drain Nacimiento below 750’, is the Agency currently planning to make all of the conservation releases from San Antonio in 2007 or will releases be made from Nacimiento and if so, how many AF?

If you will please respond to each question with reference to the question number, perhaps we can get all of this resolved once and for all and I can plan accordingly, for next season.

Thank You
Dan Heath




--------------------------------------------------------------------------------

From: Weeks, Curtis Ext.4896 [mailto:weeksc@co.monterey.ca.us]
Sent: Wednesday, October 04, 2006 3:47 PM
To: dan heath; Johnson, Robert
Cc: Meyer, Bob Ext.8984; boba@taproduce.com; Virginia Hennessey; John Baille ; Dustin Heath ; Norm Flowers ; Ralph; Michael McCann ; mlazier@thetribunenews.com ; mtjia@thetribunenews.com ; KEVIN PIEARCY ; khowe@montereyherald.com; kbui@thetribunenews.com ; Jessica Lyons ; Lura Plaskett ; lgriffy@thetribunenews.com ; assemblymember.salinas@assembly.ca.gov ; 105-Clerk to the Board Everyone; David Hart ; 100-District 5 (831) 647-7755; ; rar; Phillips, Bill x5159
Subject: RE: Monterey County Water Resources plan to drain Nacimiento to the bottom in 2007

Dan - Our current strategy for reservoir/lake elevations during construction of the spillway modification, pending regulatory approval, will maintain an elevation in the range of 760' to 770'.
Our draft construction schedules (one to two year) will also need regulatory concurrence, establishing final reservoir elevations during final construction. Nevertheless, the lowest reservoir elevation necessary to complete the project and safely protect workers is elevation 750'.




--------------------------------------------------------------------------------

From: dan heath
Sent: Monday, October 02, 2006 4:52 PM
To: Johnson, Robert
Cc: Weeks, Curtis Ext.4896; Meyer, Bob Ext.8984; 'Virginia Hennessey'; John Baille ; Dustin Heath ; ' 'Ralph'; ' Michael McCann '; mlazier@thetribunenews.com ; mtjia@thetribunenews.com ; KEVIN PIEARCY ; khowe@montereyherald.com; kbui@thetribunenews.com ; Jessica Lyons ; Laura Plaskett ; lgriffy@thetribunenews.com ; assemblymember.salinas@assembly.ca.gov ; 105-Clerk to the Board Everyone; David Hart ; 100-District 5 (831) 647-7755; ; 'rar'
Subject: Monterey County Water Resouces plan to drain Nacimiento to the bottom in 2007

Hello Rob
I just had a look at the latest release schedule included with the Res-op agenda. It is quite obvious that the Agency is planning to drain Nacimiento after the River Channel Maintenance program ends this month. It is also obvious that the Agency must lower Nacimiento to at least elev. 750’ by the start of construction on the Spillway modification, currently scheduled for April 1,2007 and it is also becoming increasingly clear that the spillway modification will never be completed by Sept. 1, 2007, again based solely on Agency reports and projections.

In fact, based on the most recent MCWRA BOD Agenda, unless the new Spillway rubber gate system is already ordered, which it certainly is not, it wouldn’t even be built or delivered to the site at the dam by next Sept.

When dams are constructed, they aren’t allowed to impound any water above the lowest outflow valves, in this case the dam/spillway is being un-constructed first and then it will be re-constructed. During the interim and prior to the 2007-2008 rain season, the State Division of Dam Safety and FERC, will certainly require the Agency to dewater the reservoir, completely, by Sept 2007.

The Agency is well aware of this and as usual is hiding and misleading the public and others like myself with a lot at stake. Bob Meyer s who is the Chief of Reservoir Operations and one of those who is heading up this project has repeated refused to answer my questions regarding what the Agency plans and knows it must do with Reservoir levels. He has claimed he is still waiting to learn what will be required, that’s simply not true as you well know, this project is to far along for this most important issue to remain an unknown.

The latest reservoir release schedule included with the Res-Op Oct. Agenda shows Nacimiento being drawn down to elev, 769’ or 59%, by Dec. 31,2006, over the winter every drop of water that enters the lake will also have to be dumped into the ocean along with another 75,000 acre feet of water still left on Jan. 1,2007. In order to drop the lake to 750’ or just 40% of capacity.

It would be extremely helpful to me and my two operations to have you verify these facts, or tell me in writing if something else is truly going to take place.
Based on Bob Meyer s complete failure to respond to my earlier requests and those of my attorneys, with the truth, it appears that as usual, the only reason that Bob Meyer s and the Agency refuse to respond as required by my contracts with the County of Monterey, is because everything I am saying are the true facts, otherwise he would be all to pleased to tell me I am wrong.

Bob Meyers told the Res-op committee in August, he’d know for sure in Sept and tell them what would happen at that meeting. In Sept. he said he didn’t know but would by Oct and tell them in Oct. That meeting is this Thursday the 5th of Oct. I doubt he’ll tell them this week either.

But I hope he does, I also hope you or some one else will tell me, because I can’t have a business plan when the Agency refuses to disclose what future plans are for the upcoming project. Bob Meyer as much as admitted when backed into a corner at the Res-Op meeting that instead of the lake being dropped to 775’ like he told the lake residents via Ralph Alison a number of months ago, it would be dropped to 750’ because they must have access to the spillway from the upstream side of the dam, and the bottom of the flood gates and the channel that feeds them is at elevation 755”

I would appreciate your cooperation and a response. If it isn’t forthcoming, it will be when Curtis Weeks , yourself and Bob Meyer s get on the witness stand in Los Angeles in a few short weeks and are ask under oath. I suggest it will look much better for all of you if you stop covering up the truth and answer my questions before you are put on the witness stand.

The choice is of course yours, tell me now or tell me in front of the Jury.

Dan Heath
Water World Resorts Inc.

 
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