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Magpie Creek Correspondence
Erwin Hayer correspondence related to notices to interested parties

From :  Erwin Hayer <eeh625@hotmail.com>
Sent : Wednesday, January 28, 2004 9:53 AM
To : Hannah.F.Hadley@usace.army.mil
CC : hodgkinsb@saccounty.net,
Charles.C.Rairdan@usace.army.mil,
kreinbergg@saccounty.net,
franklinma@saccounty.net,
Kenneth.E.Hitch@USACE.Army.mil,
washburnt@SacCounty.net
Subject : Magpie Creek Project Notices

TO: Hannah F. Hadley, USACE 28 Jan 2004

CC: Kenneth E Hitch, USACE, Chief, Planning Division
Charles C. Rairdan, USACE Project Manager
Butch Hodgkins, SAFCA Executive Director
Grant Kreinberg, SAFCA Project Manager
Maggie Franklin, SAFCA Public Information Officer
Timothy N. Washburn, SAFCA Counsel

Subject: Lack of Magpie Creek Project Documents and Notices to Interested
Parties and Community Members.

I had been in contact with Arturo Ceballos, United States Army Corps of
Engineers (USACE), prior to 1999 and he had added my name to the
notification list. He also supplied me with the April 1996 and August 1997
USACE Documents on the Magpie Creek Project. I had found out about this
project by neighbors calling me and asking questions.

When trying to find out about the current status of the project in Feb 2001,
I was informed that William Craig Gains, USACE, was the new Project Manager
(PM).

Then, in November 2001, William Craig Gains notified me that he was no
longer the PM and would have the new PM contact me. I have never been
contacted by the USACE again until 20 Jan 2004 after I had contacted USACE.

The next thing I know, a neighbor contacts me about a 13 March 2002
Sacramento Area Flood Control Agency (SAFCA) Document. I contacted SAFCA
and found out Greg Kreinberg is now the SAFCA PM and the documents were
delivered to me by special courier on 18 Mar 2002.

I also asked Butch Hodgkins “Why was I not notified about the recent
neighborhood meetings or the preparation of the SAFCA Mitigated Negative
Declaration (MND) for CEQA compliance on the Magpie Creek Improvement
Project.?”

Mr Hodgkins answer: “The project manager is Grant Kreinberg. The meetings
were open house type meetings where the questiosn are answered individually.
Incidently, the project plan has changed substantially, and by copy of this
email. I am asking Grant to call you and go over it with you. Fundamentally,
we have dropped the idea of enlarging the channel, are purchasing upstream
property at Raley Blvd. and modifying it so that it can be used effectivly
as a detention basin. I was suprised that you were not at one of the
meetings.
Thanks, Butch”

After going over the SAFCA Document, I told Pete Ghelfi, SAFCA, that if the
MCDC at Vinci Avenue was not enlarged, the box culverts were installed at
the Bike Trail and the floodplain above Vinci Avenue was used as a detention
basin, I could go along with the project.

Then I again get a call from another neighbor about a January 2004 USACE
document. I was able to contacted Kenneth E Hitch who signed the 14 Jan
2004 notice to all interested parties only because I had his full name and
middle initial from the 1 page notice. He forwarded my e-mail to Hannah F.
Hadley and Charles C. Rairdan. I then contacted Hannah F. Hadley and asked
for hard copies on 20 Jan 2004. She mailed the copies that day and I
received the copies on 21 Jan 2004.

USACE or SAFCA has never directly notified me about any of the new
documents. I have always found out by someone calling me to ask about the
notification and documents.

I prefer e-mail or US Mail instead of playing phone tag with voice mail and
answering machines.

I am requesting a copy of the notification list.

I also would like to be notified by the USACE or SAFCA when either put out
any documents or have any public meetings or open houses in the future on
the Magpie Creek or Magpie Creek Diversion Channel projects.

Sincerely

Erwin E. Hayer
950 G Street
Rio Linda, CA 95673
(916) 991-5940
eeh625@hotmail.com

== ==========

-- Reply --
From : Rairdan, Charles C SPK <Charles.C.Rairdan@usace.army.mil>
Sent : Wednesday, January 28, 2004 1:11 PM
To : 'Erwin Hayer' <eeh625@hotmail.com>
CC : "Hodgkins, Butch" <hodgkinsb@SacCounty.NET>,
 
kreinbergg@saccounty.net,
franklinma@saccounty.net,
"Hitch, Kenneth E SPK"
<Kenneth.E.Hitch@usace.army.mil>,
washburnt@SacCounty.net,
"Hadley, Hannah F SPK" <Hanna.F.Hadley@usace.army.mil>,
"Svetich, Phyllis M
SPK" <Phyllis.M.Svetich@usace.army.mil>

Subject : RE: Magpie Creek Project Notices


Mr. Hayer,
Apologies for not having you on the notification list. Your name has
been added to the Corps mailing list. Pardon the oversight. Regarding your
request for the project notification list, this document contains personal
information of the other mailing recipients, so I am not at liberty to
release that document. If you are still interested, you may request this
list under the Freedom of Information Act by contacting Ms. Phyliss Svetich
at 916-557-7236. Please forward any written comments you may have on the
Magpie Project Environmental Assessment to Ms. Hannah Hadley at U.S. Army
Corps of Engineers, Sacramento District, Environmental Planning Section
(CESPK-PD-RP), 1325 J Street, Sacramento, CA 95814, Attn: Ms. Hannah Hadley.
Thanks,
Chuck Rairdan, PM

== ==========

From : Erwin Hayer <eeh625@hotmail.com>
Sent : Wednesday, January 28, 2004 2:42 PM
To : Charles.C.Rairdan@usace.army.mil,
 Phyllis.M.Svetich@usace.army.mil
CC : kreinbergg@saccounty.net
Subject : RE: Magpie Creek Project Notices

Mr. Chuck Rairdan and Ms. Phyliss Svetich
What I would like to know is the number of property owners north of Ascot
Avenue that were sent the 14 Jan 2004 letter to all interested parties.
This would include all odd numbered addresses on Ascot Avenue and all
numbers higher than 5600 on Dry Creek Road and Sixteenth Street. These
property owners are not in the City of Sacramento. The APNs would be
214-0160-xxx, 215-0220-xxx, or 215-0221-xxx.
The even numbered addresses of Ascot Avenue are residents of the City of
Sacramento with APNs 215-0230-xxx.
I believe all have a zip code 0f 95673.
If the above is to difficult for you, then I am submitting this under the
Freedom of Information Act and requesting the complete mailing list. Please
forgive me if this is not the correct way for a Freedom of Information Act
request. I have not yet learned how the requests should be submitted, but
if this does not get me the information, I will be learning how.
Sincerely
Erwin

== =============
My Notes:
Telco to Phyliss Svetich, USACE, 28 Jan, 14:50. She is going to mail the
list to me tomorrow with address and phone numbers blacked out.
Erwin
== ==========

From : Erwin Hayer <eeh625@hotmail.com>
Sent : Sunday, February 1, 2004 9:26 PM
To : Carl.E.Korman@usace.army.mil
CC : Charles.C.Rairdan@usace.army.mil,
 Hannah.F.Hadley@usace.army.mil,
kreinbergg@saccounty.net
Subject : MCDC Mail List

Mr. Carl Korman
Thank you for the Mail List for the Magpie Creek Project notice of 14
January 2004 that I received on 31 Jan 2004.
What I wanted to know is if any of property owners north of Ascot Avenue
were sent the 14 Jan 2004 letter to all interested parties. This would
include all odd numbered addresses on Ascot Avenue and all numbers higher
than 5600 on Dry Creek Road and Sixteenth Street.
These property owners are not in the City of Sacramento. The APNs would
be 214-0160-xxx, 215-0220-xxx, or 215-0221-xxx.
It looks as if I will have to go to the Sacramento County Assessors
office and do the research from Assessor Parcel Numbers (APN) to owner name
and address and then check against the USACE 29 page mail list you sent by
name to find out if the property owners within the Rio Linda area of
Sacramento County that can be affected were notified.
I did this when I found out about the April 1996 USACE documents were put
out and I found out no property owners north of Ascot Avenue were notified,
even though the USACE indicated all property owners within 500 feet of the
project were notified. I found this out after the deadline for submitting
comments to the USACE had passed.
It seems like the USACE does not want to insure that the property owners
that can be affected by the increased flows within the Magpie Creek
Diversion Channel are notified. This has been a continuing problem since
1955.
Because of no address on the list you supplied me, it will cost me many
hours to get the information. This information is available in Sacramento
County Assessors Office and is available to the public. It is hard for me
to understand why you are forcing me to spend the time to do what you have
already done if you have notified some of the property owners in the county.
I am not getting anything out of this but wasting time. I am only trying
to insure that the property owners get notified which did not happen in the
past.
Erwin Hayer

== ==========