Press Release
FOR IMMEDIATE RELEASE
Date: 03/13/2009

Contact person(s):

Media Coordinator, Terry Menshek - (707) 565-3099 Media Spokesperson, Chief Deputy District Attorney Spencer Brady

Santa Rosa, Sonoma County, California

JAIL SENTENCE FOR LAND OWNER AND CONTRACTOR IN ATASCADERO CREEK CLEARING CASE

Sonoma County District Attorney Stephan Passalacqua announced today that property owner Robert O’Brien, 50, of Tiburon, California, and contractor Charles Craig Von Schalscha, 50, of San Rafael, California, each pleaded no contest to misdemeanor streambed alteration charges over alleged illegal grading, water pollution and wetlands draining.

District Attorney Passalacqua stated, “Violations of environmental laws are taken seriously in Sonoma County. Those who work in or near our vital waterways and wetlands must do so carefully and in compliance with local, state and federal laws.”

The streambed alterations occurred in June of 2008, at an environmentally sensitive tributary to Atascadero Creek in Sebastopol, California. The two men are alleged to have altered approximately 800’ of a stream channel, removed riparian vegetation alongside one bank of the stream, and constructed an approximately 200’ diversion ditch to drain the sensitive wetlands parcel. O’Brien was sentenced to a jail term of 180 days, ordered to pay $15,000 in agency related costs, and placed on probation for a period of three years. To offset the impact to the watershed, O’Brien will be required to record a “Forever Wild” easement on a 15-acre parcel at the location and must comply with resource restoration orders issued by the North Coast Regional Water Quality Control Board, the Sonoma County Permit and Resource Management Department and the California Department of Fish and Game.

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 and 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, after concluding that O’Brien violated local codes by conducting the unauthorized work. 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.

O’Brien and Von Schalscha each pleaded no contest to one count of violating Fish and Game Code section 1602 which prohibits streambed alteration projects without having first obtained the consent of the Department of Fish and Game. Both defendants were initially charged with felony violations of the California Water Code and misdemeanor local zoning laws. These charges were dismissed as part of the plea agreement. O’Brien and Von Schalscha were sentenced by the Hon. Kenneth Gnoss, Judge of the Sonoma County Superior Court. The case was prosecuted by Deputy District Attorneys Jeffrey W. Holtzman and Matthew T. Cheever. The case number is SCR 548751.