Contractor Was Cited for Grading of a Lake

It’s either a makeshift lake or an agricultural pond.

Whatever it is, county officials say, it was built without proper authorization.

The 20-foot-deep lake north of Moorpark belongs to contractor Tom A. Staben, who is under investigation by local, state and federal authorities for possible environmental violations involving other projects.

Staben was warned several times last year by the county Public Works Agency that he was conducting unauthorized grading on the 45-acre lemon orchard he owns near Stockton Road. He was cited for failing to comply with the agency’s demands.

The citation was issued after the Somis-based contractor apparently dug out about 40,000 cubic yards of earth--enough dirt to fill 40,000 washing machines--as part of the project, records show. The lake appears to have been left partially completed.

Public works officials do not know why Staben built the lake or where he got the water and materials to do so, but emphasized that such large digging projects are not allowed without county grading permits.

Neither Staben nor his attorney could be reached for comment.

Construction of lakes and ponds can pose serious safety and environmental problems because they can overflow during flooding and affect the natural drainage of soil, county officials said.

But the Staben lake case was not forwarded to the district attorney’s office because it did not appear to pose a major safety hazard, said Public Works Director Art Goulet. He said he could only recall one case in which county officials sought criminal prosecution for illegal grading, and that involved a serious public-safety threat.

Environmentalists, upset that the county has continued doing business with Staben despite his history of violations, said they were not surprised to learn that he had cut corners to build the lake.

“It just seems that the web of countywide violations is just growing wider,” said John Buse of the Environmental Defense Center. “Nothing surprises me at this point. This man has left a trail of environmental disasters.”

Goulet said the county’s noncompliance citation is no slap on the wrist: It prevents Staben or anyone who purchases the lake property from obtaining further permits or developing the land in any way until permits are pulled or the land is returned to its previous condition.

“It places a cloud on the property,” Goulet said. “Any subsequent buyer is notified they will not be able to obtain permits or [pursue] any other use of the land until the situation is addressed.”

The grading citation against Staben surfaced during a Times review of county records. Public works officials, under fire for awarding Staben $2.6 million in county contracts despite numerous environmental citations against him, have been gathering information on Staben’s run-ins with several county inspectors.

Goulet has offered the information to the district attorney, who has launched an investigation into Staben’s activities. The contractor is also under investigation by several state and federal agencies, including the FBI.

The probes include accusations that Staben has dumped such things as broken-down trucks and concrete pipes on his Somis property along the banks of the Arroyo Simi, risking clogged waterways and pollution of the stream.

Meanwhile, the U.S. Army Corps of Engineers has accused the county of allowing Staben to dig out a sensitive swath of the Ventura River during a $994,000 road repair project near Ojai during the winter.

Corps officials say Staben and the county may have violated the federal Clean Water Act and harmed a habitat used by endangered steelhead trout.

Public works officials who oversaw the project say Staben could not find dry boulders and dirt needed for road repairs because of El Nino storms. They contend that Staben had no choice but to dig in the river.

But Goulet, who was on medical leave during the road repair project, has questioned the decision to let Staben dig and has since amassed a file documenting environmental citations against Staben, including information on the unauthorized lake.

“I’ve heard it referred to as the Stockton pond,” Goulet said.

Goulet called the unauthorized grading citations significant because it shows a pattern of violations “and they [the D.A.’s office] could incorporate that into whatever action they decide to take.”

Prompted in part by protests from environmentalists, Supervisor John K. Flynn has proposed creation of a county ordinance that would bar contractors with a history of polluting from winning county contracts. The ordinance would also prevent firms that have not adhered to prevailing wage standards and business regulations from being hired, Flynn said.

“We’re moving as fast as we can on it,” said Flynn, adding that he plans to bring the issue before the board within two weeks.

Correspondent Richard Warchol contributed to this story.