Press Release
FOR IMMEDIATE RELEASE
Date: 10/14/2008

Contact person(s):

Media Coordinator, Hilary Moores - 565-3099 Media Spokesperson, Assistant District Attorney Christine M. Cook

Santa Rosa, Sonoma County, California

FELONY CHARGES FILED IN ATASCADERO CREEK WETLANDS CASE

Sonoma County District Attorney Stephan Passalacqua announced today the filing of felony water pollution charges against a property owner and a contractor over alleged illegal grading, water pollution and wetlands draining at an environmentally sensitive tributary to Atascadero Creek in Sebastopol. Property owner Robert O’Brien, 50, of Tiburon, and contractor Charles Craig Von Schalscha, 50, of San Rafael, will each face three felony charges alleging violations of the California Water Code occurring in late June, 2008. The charges allege that they channelized approximately 800’ of a stream, removed riparian vegetation alongside one bank of the stream, and constructed an approximately 200’ diversion ditch to drain the sensitive wetlands parcel.

“We will continue to protect and preserve our wetlands,” said District Attorney Stephan Passalacqua. “There are serious consequences whenever there is damage to our waterways, including to fish, plant and animal life,” Passalacqua added.

After local citizens reported stream grading, water pollution and water diversion activities to authorities, the case was investigated by Warden Joseph Laugesen of the California Department of Fish and Game as well as by the North Coast Regional Water Quality Control Board. Both agencies then reported their findings to the District Attorney. The Sonoma County Permit and Resource Management Department issued an emergency stop work order when the alleged unlawful activity was discovered on June 20, 2008. Additionally, the North Coast Regional Water Quality Control Board issued a cleanup and abatement order to O’Brien on July 30, 2008. Both agencies directed O’Brien to cease operations, assess the damage done and prepare a plan to address the environmental impact of the project.

In addition to the felony charges, O’Brien and Von Schalscha were each also charged with four misdemeanor violations of the Fish and Game Code and local zoning laws for alleged unlawful streambed alteration, water pollution and grading activity in a biotic resource zone. O’Brien was also charged with two misdemeanor counts for his alleged failure to provide technical reports required by local and state officials to ascertain the extent of the natural resource damages resulting from the charged activity.

O’Brien and Von Schalscha are scheduled to appear in Sonoma County Superior Court on November 13, 2008. The case is assigned to Deputy District Attorney Jeffrey W. Holtzman.