Sebastopol landowner and his contractor slapped for environmental crimes

<p>A west Sonoma County landowner and his building contractor admitted environmental crimes Tuesday in a deal that requires the owner to put 15 of his 60 acres along Atascadero Creek permanently off-limits to development.</p><p>Robert O’Brien of Tiburon and his contractor, Craig Charles von Schalscha of San Rafael initially faced three felony counts as well as misdemeanor charges stemming from last summer’s drainage work on O’Brien’s cattle ranch near Sebastopol.</p><p>All other charges were dismissed with the agreement that both men admit one misdemeanor count of altering a stream without a permit.</p><p>O’Brien hired von Schalscha, owner of Blackpoint Construction in Petaluma, to conduct drainage work on his property, which is adjacent to Walker Creek, a tributary of Atascadero Creek in July and August, according to attorneys in the case.</p><p>Von Schalscha and his workers dragged heavy equipment through 800 to 1,000 feet of wetlands and redirected a small stream on the Occidental Road property. Neither O’Brien nor von Schalscha sought a permit for the work.</p><p>The plea deal approved in court Tuesday calls for both men to pay $15,000 each to reimburse state Fish and Game, the regional water quality control board and the county planning department for the costs of investigating and assessing potential damage.</p><p>O’Brien was ordered to serve 180 days in jail and von Schalscha 60, which can be served on home-confinement or other jail alternatives.</p><p>And O’Brien must create a wildland easement on a 15-acre parcel east of Atascadero Creek, making the area off-limits in perpetuity to any development other than wetlands management, prosecutor Jeffrey Holtzman said.</p><p>Von Schalscha’s attorney, Alexander Anolik of San Francisco, estimated the land’s top value at more than $300,000. That value couldn’t be confirmed late Tuesday.</p><p>The Sonoma County Open Space District was in negotiations to acquire the land several years ago but no agreement was reached.</p><p>Another major component of the agreement is that O’Brien must repair any damages and must prepare a new mapping of the wetlands on his 60 acres, Holtzman said. Mark Pollock of Napa, O’Brien’s attorney, said O’Brien’s actions will help the community.</p><p>“It’s kind of a so-what after all of this,” he said of the single misdemeanor count. “But I think Mr. O’Brien did the right thing by the community, voluntarily. He created a 15-acre wildland forever...for the benefit of the community.”</p><p>He said no permanent damage was done with the work, which he said was conducted in the dry summer months when there wasn’t a danger to the creeks.</p><p>If there is a lesson to be learned, Pollock said, it’s that land owners should contact local regulatory agencies before beginning any similar work.</p><p>“Mr. O’Brien made a stupid mistake,” he said. “He shouldn’t have trusted a contractor. He should’ve called the agencies himself first.”</p><p>Anolik said his client specifically asked O’Brien, the property owner, whether any permits were needed.</p><p>“He asked O’Brien if he had permits,” he said. “O’Brien says ‘I will check if they’re needed.’ The next day, he says, ‘Don’t worry, we don’t need it.’”</p><p>Typically, permits for construction work are sought by the property owner, not by contractors or workers, Anolik said.</p><p>The case came to the attention of regulatory agencies and prosecutors by neighbors upset that the work many have affected the creek and wetlands.</p>