TIMELINE: Wetland Disturbances

This exhibit documents that in 2009, shortly after a $17,000 cash deposit was placed on Lot 2, the developer installed a raised gravel driveway on adjacent Lot 3. The driveway appears to be approximately four feet high in places and crosses an area identified on the State’s online wetland mapping system as wetland.

Photo B-3 — Standing Water Below Raised Driveway on Lot 3, 2009

Purpose

This exhibit documents standing water and surface flow in the disturbed area below the raised gravel driveway on Lot 3. The photo shows that, after grading and driveway construction, water continued to collect across the disturbed ground and appeared to move toward the Lot 2 boundary. This photo is included because it helps show the relationship between the raised driveway, disturbed soil, and continuing wet conditions in the development area.

Photo Caption

This photo shows standing water, muddy soil, tire ruts, disturbed ground, and the raised gravel driveway on Lot 3. The visible water appears to follow the graded surface toward Lot 2, supporting the observation that the original wet condition was not fully eliminated by driveway construction or fill activity.

Short Summary

Unlike Photo B-1, which documents the raised driveway itself, this photo documents the wet disturbed area below the driveway. It shows that water remained present after grading and appeared to continue moving across the disturbed ground toward Lot 2.

Photo B-2 — Trenching and Water Concentration Across Disturbed Area, October 20, 2009

This photo shows disturbed ground, excavation activity, trenching, grading, and standing water within the development area on or about October 20, 2009. The visible trenching and grading appear to have captured and concentrated water flow across the disturbed area. Based on site observations, this water appears consistent with groundwater-fed or aquifer-fed flow that had historically emerged from Lot 3 and/or upslope areas.

This photo is included because it documents early site disturbance and water concentration before later wetland responsibility was focused primarily on Lot 2.

Regulatory Interaction

Shortly after Carl Hale placed a $17,000 deposit on Lot 2, site changes involving water flow and wetland conditions prompted involvement by Natural Heritage / Fish and Game personnel.

Carl Hale was advised that defining bordering vegetated wetlands would allow future development planning for Lot 2.

A Cease and Desist was later issued by Natural Heritage / Fish and Game, through David Paulson, related to water flow and wetland definition. Enforcement attention was directed at Lot 2, even though the visible water flow and disturbance appeared to be connected to Lot 3 and upslope development activity.

Lot 2 had previously passed perc testing and had been treated as an approved building lot before Natural Heritage involvement.

Updated 04/28/2026  

 Photo B-3 — Lot 1 Cattail Wetland / Pond Excavation Area  

This photo shows a pond/wetland feature located on adjacent Lot 1, not on Lot 2. The area had previously contained cattails and wetland vegetation before being excavated. Carl Hale personally observed cattails being removed from this area during the excavation.

The excavation appears to have created only a shallow pond area, estimated at approximately 1½ feet deep in places, with a muddy bottom over ledge or rock. Because of the shallow depth and continued groundwater or aquifer-fed conditions, cattails were able to reestablish in the pond area over time and are present there today.

This photo is included because it documents wetland alteration and aquifer-fed drainage conditions within the same development area before responsibility for wetland conditions was later focused on Lot 2. The continued presence of water and cattails supports the concern that this was not simply an ordinary hand-dug pond, but an altered wetland/aquifer-fed feature within the same hydrologic area. Updated 04/28/2026