Neighbors see wetland threat in ditch work

Depending on whom you ask, the 1,000-foot-long excavation was the cleaning of a drainage ditch or the "desecration" of the Atascadero Creek wetlands.

The work on a 60-acre ranch north of Sebastopol was done without permits and has resulted in a stop-work order by county inspectors. The order includes a demand for a "biotic resource assessment" and a restoration plan that addresses potential impacts to rare aquatic life.

"It's pretty egregious," said Julia Pollock, a neighbor who wants to see the wetland near Atascadero Creek permanently protected, possibly by a conservation easement.

But property owner Rob O'Brien, who bought the land in January, said he meant no harm. He said he merely hired an excavator to clean out a drainage that was backing up during winter storms.

"It was about to flood out his horse ranch," he said of a neighbor's property.

O'Brien said the work was more than 200 feet from Atascadero Creek, outside the area designated as a county "biotic resource combining area." As such, he said, the county's demand for the biotic assessment and the restoration plan doesn't apply.

County and state officials closely monitor work done in and near area creeks.

In 2003, an excavator who illegally cleared trees and brush along Atascadero Creek near Mill Station Road was sentenced to six days in jail and fined $1,000. The property owner was expected to spend tens of thousands of dollars restoring the riparian corridor and adjacent wetlands.

O'Brien's property lies close to the West County Trail north of Occidental Road. The land's eastern boundary includes an expansive canopy of trees, tall reeds and slough-like tributaries that feed into the creek.

Some neighbors have tried for five years to acquire protection for the property's wetland.

County and state inspectors learned from neighbors of O'Brien's excavation work and visited the property last month. The county on June 27 sent O'Brien a three-page order to immediately stop work, warning failure to "resolve this violation" could result in a lawsuit or "possible criminal action."

In recent weeks, the matter has been debated on the WaccoBB Internet bulletin board, serving the west county, where critics used the term "desecration" to described the excavation and a friend called O'Brien a conservationist and wildlife proponent.

O'Brien, a Marin County businessman and building contractor, acknowledged he should have found out what permits were needed before excavating.

Last week, he allowed a reporter to view the excavation that ran from west to east across most of the property. The resulting trench in one spot accommodated a 3-foot diameter pipe serving as a culvert.

O'Brien insisted he stayed out of the 100-foot riparian corridor on Atascadero Creek and expressed hope that, as a result, he won't be subject to an extensive restoration project, which would need to be monitored for five years.

"I've learned a valuable lesson cheap," he said.

County spokesman Ben Neuman said O'Brien was expected to present county inspectors with information seeking to demonstrate that the work remained outside the creek setback area.

But neighbors said other agencies may find the excavation violated state and federal laws governing wetlands, water quality and wildlife.

"There's a lot of regulations in place here," said neighbor Anna Ransome. "And he's just talking about one."

John Short, a senior engineer with the North Coast Regional Water Quality Control Board, said the excavation did cause damage along a tributary to Atascadero Creek.

"It is a very serious violation of many agencies' codes and regulations," Short said.

You can reach Staff Writer Robert Digitale at 521-5285 or robert.digitale@

pressdemocrat.com.