-----Original Message-----

From: Oscar Braun [mailto:oscar@oscarknows.com]
Sent: Thursday, March 23, 2006 9:36 AM
To: Kirk C. Rogers, FMichny@mp.usbr.gov; Jeff McCracken; jkeys@usbr.gov; Michael R. Finnegan; Pedro "Pete" Lucero
Cc: Frank Iwama; Rone Tempest; 'Dave'; dfischer@angnewspapers.com; Laura Ernde; 'Kelly Briggs'; Supervisor Diane Dillon; gchilds@waterboards.ca.gov; 'Brad Yamauchi'
Subject: NEPA Compliance Intentionally Violated by BOR at Lake Berryessa
Importance: High

Dear Mid-Pacific Regional Director Rogers,

Yesterday morning I participated in a brief conference call with Mid-Pacific FOI Officer Kathleen Christian, Lake Berryessa Concessions Manager Cleve Dufer and Lake Berryessa Park Manager Pete Lucero regarding the CWP request for "ALL" local, state and federal "site specific" environmental compliance documentation and permits for the Alternative B redevelopment of Pleasure Cove Resort/Marina since January 1, 2000. Mr. Lucero stated that the Lake Berryessa office have issued "Categorical Exemptions" for ALL the Alternative B redevelopment construction activities at Pleasure Cove Resort/Marina since January 1,2000. I responded to Mr. Lucero's shocking disclosure, that the issuance of "categorical exemptions" for Alternative B site specific redevelopment implementation is a clear violation of NEPA and the 1992 RAMP. I then requested that Kathleen Christian transfer me to your office Mr. Rogers. The BOR conference call was terminated.

Mr.. Rogers, I direct your attention to the Summary Comparison of Impacts by Alternative, Summary Table S 1.1, found on page 26 of the Final Environmental Impact Statement Solano Project, Napa, CA Mid-Pacific Region chart section (3.32) Biological Resources, Alternative B:

" Site specific environmental compliance, as required, would be completed BEFORE the specific plans are implemented."

What does this mean Mr. Rogers? It means that Mr. Lucero has acknowledged that the BOR has been unlawfully implementing their Alternative B by redeveloping the resorts at Lake Berryessa by violating the NEPA guiding management document for Lake Berryessa known as the 1992 RAMP. Review the "Relationship of Action Alternatives to 1992 RAMP." found on page 19 of the
2005 FEIS:

"The terms of the 1992 RAMP specify that it WILL remain the guiding management document for Lake Berryessa until such time as the existing concessions contracts expire or are cancelled.  In the event that one of the action alternatives (Alternatives B, C, or D) is selected, implementation would have to be consistent with conditions specified in the RAMP until concession contracts expire in 2008-2009."

On behalf of the California Watershed Posse Water Quality Protection Program (WQPP), I request that the Mid-Pacific Region immediately cease and desist further Alternative B redevelopment activities at Rex Maugham's Forever Resort-Pleasure Cove Marina LLC, Lake Berryessa. The CWP requests that the BOR Mid-Pacific Region immediately re-open the 2005 FEIS and commence studies on ALL the "substantial site specific abatement impacts" on the Biological Resources at Pleasure Cove Resort/Marina LLC at Lake Berryessa conducted without the benefit of NEPA compliance and/or in violation of ALL applicable local, state and federal laws. Your prompt response, co-operation and directive for NEPA Compliance implementation is much appreciated.

Oscar Braun, Executive Director,

Water Quality Protection Program (WQPP)
California Watershed Posse   

-----Original Message-----

From: Oscar Braun [mailto:oscar@oscarknows.com]
Sent: Friday, March 17, 2006 1:15 PM
To: (FMichny@mp.usbr.gov); Jeff McCracken (JMcCracken@mp.usbr.gov); (jkeys@usbr.gov); Kirk C. Rodgers (krodgers@mp.usbr.gov); Michael R.
Finnegan (MFinnegan@mp.usbr.gov); Pedro "Pete" Lucero (plucero@mp.usbr.gov)
Cc: Frank Iwama (frankiwama@gmail.com); Rone Tempest (Rone.Tempest@LATimes.com); 'Dave'; (dfischer@angnewspapers.com); Laura Ernde (lernde@sanmateocountytimes.com); 'Kelly Briggs'; Supervisor Diane Dillon (ddillon@co.napa.ca.us); gchilds@waterboards.ca.gov; 'Brad Yamauchi'
Subject: The BORever Dog Ate Rex's Enviro-Permits!
Importance: High

Gentlemen,

This email is to confirm my request earlier this morning for copies of  ALL applicable local, state and federal redevelopment permits currently in the BOR NEPA Environmental Compliance files for ALL redevelopment activities at Pleasure Cove Resort Lake Berryessa project site since January 1,2000 to the present. As I explained to Jeff McCracken and Frank Michny this morning, we will need the Mid-Pacific NEPA permit file copies by Wednesday 22, 2006 in order to present them to Judge Martin Jenkins. Judge Jenkins' court is presiding over the BOR litigation calling for the ejection of all current mobile home park tenants at Pleasure Cove Marina LLC. In order for any of the mobile home permittees to remove their mobile homes, the BOR must first provide legal and safe access to public roads and highway.

Please find attached three pdf document to assist you in this discoveryprocess:

1. The Final Environmental Impact Statement, Lake Berryessa Reservoir Area Management Plan

2. Environmental Compliance and Facility Assessment Report, Pleasure Cove, 2002

 3. NEPA Compliance Regulations for DOI, March 8, 2004

Your cooperation is much appreciated. Have a great weekend.
Oscar Braun, Executive Director, California Watershed Posse

---------- Forwarded Message -----------

From: Oscar Braun [mailto:oscar@oscarknows.com]
Sent: Sunday, March 12, 2006 3:26 PM
To: Pedro "Pete" Lucero; Kirk C. Rodgers; jkeys@usbr.gov; Congressman Mike Thompson; Congressman George Radanovich; Terry Sides; Supervisor Diane Dillon; 'John Schoppman'; 'Hillary E. Gitelman'; 'Supervisor Diane Dillon'; 'Jill Pahl'; 'Ruben Oropeza'; Dargan, Kate; Dargan, Kate; 'Sheriff Gary Simpson'; gchilds@waterboards.ca.gov; Michael R. Finnegan
Cc: 'Frank Iwama'; rpombo@mail.house.gov; Kbriggs@waterboards.ca.gov
Subject: FW: Braun v. Norton - Your email, this afternoon.

Mr.. Pete Lucero,

This email is to inform you that  I personally inquired with the County of Napa and the Regional Water Quality Control Board regarding your advisory to Chuck O'Connor, AUSA, quoted herein: "Next, please be advised that the U.S.
Bureau of Reclamation did make inquiry of officials of Napa County regarding the requirements for removing travel trailers or mobile homes from Pleasure Cove Resort.  Napa County officials have advised the Bureau of everything required of it, and the Bureau has either satisfied those items or will do so on a case-by-case basis for each space, before or as it is cleared.  All other permits and requirements are the responsibility of the owner or person ( i.e., professional relocation company) actually doing the move.  The Bureau has no responsibility for getting other permits or satisfying other requirements for the Braun's move or for that of anyone else." ( see email below Chuck O'Connor, AUSA to Frank Iwama). 

 I have been informed by the local and state agencies that they have NO PERMIT RECORDS OR REQUIRED PERMIT APPLICATIONS in their files for either Pleasure Cove Marina LLC or the BOR for the redevelopment road widening and tree removal within the riparian corridor adjoining Lake Berryessa that are required to relocate ALL the remaining mobile homes remaining at Pleasure Cove Marina.  I have asked you and Pleasure Cove Marina management directly to provide me with the approved VSP EIR studies ( both NEPA & CEQA) for the redevelopment of Lake Berryessa resorts. You have repeatedly told me that the Record of Decision has not been made for the Lake Berryessa VSP FEIS and that the pending FEIS did NOT IN FACT study any of the redevelopment negative impacts of road construction, tree removal and demolition of current mobile home parks on the WATERS held in trust for the PEOPLE of the United States at Lake Berryessa.

Pete, I suggest that your AUSA Mr. O'Connor withdraw your sworn declaration submitted to District Court Judge Jenkins last week and re-submit it ONLY after the Rex Maugham BORever mob obtains their lawfully required permits as I have previously stated in the August 24, 2005 complaint to Napa County.

III. BOR FAILURE TO COMPLY WITH LOCAL AND STATE LAWS, RULES, REGULATIONS, CODES, ORDINANCES AND POLICIES

BOR’s Pleasure Cove Marina Prospectus and Contract mandates the selected concessionaire to be responsible for the removal and disposal of personal property, fixed assets, and the restoration of public lands, including the abatement of abandoned private trailers during and before the termination date of the new interim concession contract.

The Contract defines “Applicable Law” to include, but not limited to Federal, State, and local law, rules, regulations, codes, requirements and policies governing nondiscrimination, protection of environment, protection of public health, and safety, zoning laws and ordinances, securities and exchange laws, and tax laws.”  

The same or similar reference to local and state laws are used throughout the Contract, including Reclamation’s manual, directives and standards.

When this issue with legal consequences was raised with BOR officials, the common response was that BOR was in charge of permits and compliance issues since it had NEPA responsibilities.  Contradictory responses were received from local and state officials as to specific permitting and environmental issues at Lake Berryessa.  The Department of the Interior’s Assistant Regional Solicitor General James Turner confirmed that there is no existing blanket exemption and that the department’s current policies requires BOR to comply with applicable local and state laws.

Next week I will officially launch my Join Oscar for California State Senator ( District 8 San Francisco & San Mateo Counties). The cornerstone of my campaign is the protection of the waters of the United States as mandated under the Clean Water Act ( see www.cwposse.org ) and the exposing of the corruption of elected officials, government employees and the Sierra Club's hidden agenda.  I will request that the Congressional Resource Committee hold oversight hearings this Summer looking into the relationship of Rex Maugham's Forever Resorts, Bureau of Reclamation and local, state and federal elected representatives. Prior to April 1, 2006, I will file multiple complaints for violation of the Clean Water Act against Forever Resorts, Pleasure Cove Marina LLC, Napa County and Bureau of Reclamation demanding immediate enforcement actions and assessment of the maximum fines allowed by law.  

In closing Pete, I have attached a pdf for the up coming media event sponsored by the BORever mob on March 23rd, 2006.  May I suggest that Rex include in his media kits all of BORever mob's environmental permits for their redevelopment vision of  Lake Berryessa.

Regards, Oscar Braun

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

From: Frank Iwama [mailto:frankiwama@gmail.com]
Sent: Friday, March 10, 2006 6:26 PM
To: Oscar Braun
Subject: Fwd: Braun v. Norton - Your email, this afternoon.

FYI.

---------- Forwarded message ----------

From: O'Connor, Charles (USACAN)
Date: Mar 10, 2006 6:18 PM
Subject: Braun v. Norton  - Your email, this afternoon.
To: Frank Iwama

Mr. Iwama -

First, I noted that the email you referenced was dated February 22, 2006, more than one week after the deadline established by the Court for the Brauns to have vacated the property and removed all of their personal property.

Next, please be advised that the U.S. Bureau of Reclamation did make inquiry of officials of Napa County regarding the requirements for removing travel trailers or mobile homes from Pleasure Cove Resort.  Napa County officials have advised the Bureau of everything required of it, and the Bureau has either satisfied those items or will do so on a case-by-case basis for each space, before or as it is cleared.  All other permits and requirements are the responsibility of the owner or person ( i.e., professional relocation
company) actually doing the move.  The Bureau has no responsibility for getting other permits or satisfying other requirements for the Brauns' move or for that of anyone else.  You and I communicated about this some time ago, and you asked that the name of a contact person at Pleasure Cove be provided to you so that the Brauns' professional relocation company could coordinate and obtain assistance with the move.  I gave you the name of the Bureau's contact at Pleasure Cove Resort, but I have been informed that the Brauns' professional mover, Vic Smith, never initiated any communication with the Bureau's contact person, and when a Bureau representative initiated contact with Mr. Smith, the result was that Mr. Smith did not disclose that he had any specific plans for removing the Brauns' property at that time.
Mr. Smith made no requests for coordination or assistance at that time, and to this day, he has never initiated any contact with the Bureau, and he has taken no steps to remove the personal property of the Brauns.

After I spoke with you today, I communicated with Mr. Lucero at Pleasure Cove.  He has informed me that the road at Pleasure Cove Resort has been cleared.

Have a nice weekend.

Chuck O'Connor
AUSA
----------------------------------------------------------------------------

From: Frank Iwama [mailto:frankiwama@gmail.com ]
Sent: Friday, March 10, 2006 2:56 PM
To: O'Connor, Charles (USACAN)
Subject: Braun v. Norton (Your Letter Dated 3/9/2006)

Mr. O'Connor:

This is in response to your letter dated March 9, 2006, received via facsimile, advising that Mr. and Mrs. Braun have until Tuesday, March 14,
2006 to claim and remove all trailers and other personal property from the subject lots at Pleasure Cove Resort.

Please be advised that on Wednesday, February 22, 2006 at 5:53 PM I e-mailed to you the Brauns formal request and application to BOR for permits or exemptions required to facilitate the relocation and removal of their mobilehomes and personal property from Pleasure Cove.  In addition, my e- mail contained the Brauns formal request and application to BOR and/or the concessionaire for required work and repairs on Pleasure Cove roadways to permit the relocation and removal of their mobilehomes.  You acknowleged receipt of my e-mail and confirmed that you would forward the requests to BOR. 

As of this time and date, I have not heard from you or anyone from BOR in response to the Brauns formal request for permits or exemptions and request and application for required work and repairs on Pleasure Cove roadways to permit the relocation and removal of their mobilehomes and personal property from Pleasure Cove. 

For your information, please be advised that inclement weather caused a mudslide on Shoreline Drive at Pleasure Cove completely blocking access to permittees sites, including the Brauns, beyond unit #74 to the end of the resort area.  This condition makes it physically impossible for the Brauns to relocate and remove their mobilehomes from Pleasure Cove until the mudslide and roadway conditions are repaired by BOR and/or the concessionaire.   In your due diligence review, you may want to verify this information with BOR officials at Lake Berryessa.

Please immediately contact me if you have any questions regarding this matter.

Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com