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February 2, 2010
EPA ORDERS LANDOWNER TO HALT
ILLEGAL
ROAD CONSTRUCTION ACROSS SESPE CREEK
ForestWatch
Applauds Efforts to Protect Ecologically
Sensitive Creek Adjacent to Los Padres National Forest
Fillmore, CA – Capping a 16-month investigation, the U.S.
Environmental Protection Agency last week ordered a Ventura
County landowner to stop constructing a road across Sespe Creek
and to stop blocking streamflow with large boulders, dirt, and
other fill material. According to the Order, the alleged
unpermitted work harms habitat for endangered steelhead and
other federally-protected wildlife species.
The alleged unpermitted
road crossing.
“We applaud the
EPA for ensuring that our local streams continue to flow freely”
said Jeff Kuyper, executive director of Los Padres ForestWatch,
a nonprofit organization based in Santa Barbara working to
restore steelhead populations to the Los Padres National Forest.
“This action will ensure that endangered steelhead can once
again reach historic spawning habitat upstream in the Los Padres
National Forest.”
As alleged in the Order, the unpermitted work occurred on a
parcel of land north of Fillmore adjacent to the Los Padres
National Forest. Sespe Creek flows through the property and is
formally designated as critical habitat for endangered
steelhead. The U.S. Forest Service, which manages land
immediately upstream from where the alleged violations occurred,
has classified Sespe Creek as an Area of High Ecological
Significance due to the abundance of unique wildlife in the
watershed.
The EPA’s action comes after the U.S. Army Corps of Engineers
issued a Cease and Desist Order in February 2009 to the
landowner. Shortly thereafter, inspectors from the EPA, the
Corps, the California Department of Fish & Game, the U.S. Fish &
Wildlife Service, and NOAA Fisheries all observed and documented
material placed at three locations without permits or
authorization, according to the Order.
ForestWatch initially reported the streambed violations to
various agencies in October 2008. In addition to filing reports
with the California Department of Fish & Game and NOAA
Fisheries, ForestWatch also filed several zoning violation
complaints with the County of Ventura for the same parcel. The
alleged zoning violations include significant bulldozing along
ridgelines without permits, mining without a permit, and
constructing an unpermitted road across Sespe Creek.
ForestWatch is urging these agencies to diligently pursue
additional criminal or civil enforcement actions. “Sespe Creek
is one of the last remaining undammed rivers in southern
California, and it’s vitally important to keep it that way,”
said Kuyper. “While the EPA’s order is an important first step,
we hope that all agencies involved pursue additional enforcement
action to bring an end to these repeat violations.”
According to Ventura
County officials, the landowner constructed this road along
a ridgeline without obtaining permits, casting the dirt into
Sespe Creek.
Court and agency
records show that the landowner – who, according to the Order,
lives in Beverly Hills – has a long history of performing
unpermitted work on the property. In 1998, he was sentenced to
three years probation and fined $2,500 for constructing a house
on the property without a permit. In 2002, a Ventura County
judge ordered him to remove a concrete driveway he had
constructed across Sespe Creek without a permit. Later that same
year, another judge in a criminal case found the same landowner
guilty of failing to remove the concrete driveway.
To allow access to the property, the California Department of
Fish & Game previously recommended the construction of a bridge
over Sespe Creek to reduce adverse impacts to steelhead. In
addition, the agencies have noted that Mr. Van Trees holds an
easement across his neighbor’s property that, if used, would
allow access to the Van Trees property without the need to cross
Sespe Creek. Previous landowners have accessed the property for
over a century without a concrete driveway, bridge, or any other
improved creek crossing, according to agency documents.
Last week’s EPA order directs the landowner to submit within 30
days a description of all work performed in Sespe Creek since
2005. The order also directs the landowner to submit a plan to
remove the unauthorized material and to restore the disturbed
areas to their natural condition. Finally, the order instructs
the landowner to submit annual reports to EPA for five years
while implementing the plan.
Large boulders placed in
Sespe Creek.
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