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Sonoma, Mendocino County grape growers battling new rules designed to reduce sediment, pesticides in local waterways

Mary Callahan, PRESS DEMOCRAT

A new program targeting 1,500 commercial grape growers in Sonoma and Mendocino counties and designed to improve water quality in local creeks and rivers is drawing criticism from members of the agricultural community.

The draft rules include reporting requirements, annual fees, well and groundwater monitoring, ground cover requirements and restrictions on wintertime operations that growers deem excessive.

Vineyard operators and agricultural representatives say the costs and mandates are overkill for an industry that is already working to reduce sediment runoff into waterways and protect fish habitats.

Small growers are especially likely to suffer because “their margins are really small, and the proposed permit is going to create costs that are significant to them,” said Robin Bartholow, deputy executive director of the Sonoma County Farm Bureau.

But staff of the North Coast Regional Water Quality Control Board say the soil disturbance and chemical use in many vineyards, as well as potential disruption of riparian plants needed to shade fish habitat, can degrade water quality in creeks and rivers.

Read more at: https://www.pressdemocrat.com/article/news/sonoma-mendocino-county-grape-growers-battling-new-rules-designed-to-reduc/

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Board hands down harsher penalty for Felta Creek timber owner’s water quality violations

Mary Callahan, PRESS DEMOCRAT

Regional regulators raised the total fines for Ken Bareilles in light of the important role of Felta Creek watershed, a last refuge for spawning coho salmon and steelhead trout.

A timber owner whose logging operations fouled the sensitive Felta Creek watershed, allowing sediment to enter the salmon-bearing waterway near Healdsburg over two successive winters, was ordered Friday to pay $276,000 in penalties.

The North Coast Regional Water Quality Control Board’s unanimous decision came as a severe blow to landowner Ken Bareilles, 81, who fought to deflect a proposed $251,000 fine during a 3 1/2-hour hearing only to have the board return with a harsher penalty given the importance of Felta Creek to coho salmon populations and the potential harm resulting from inadequate erosion control.

‘’The whole thing is speculative,” Bareilles argued, challenging what he considered to be weak evidence and chastising water quality personnel for failing to use sensors or gauges to measure the sediment in streams.

Staffers for the water quality board said measurements weren’t required after inspections over a year and a half continued to turn up on-the-ground evidence of absent or failed erosion-control measures that allowed silty water and mud to flow into Felta Creek and nearby tributaries to the Russian River.

“This was the sloppiest operation that I’ve seen on any active timber operation in my career,” veteran board staffer James Burke, a senior engineering geologist, said in presenting evidence against Bareilles.

Read more at https://www.pressdemocrat.com/article/news/board-hands-down-harsher-penalty-for-felta-creek-timber-owners-water-quali/

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Sonoma County vintner, his business and DA’s Office reach $925,000 environmental damage settlement

Alana Minkler, THE PRESS DEMOCRAT

A Sonoma County wine executive and his business have reached a $925,000 settlement with the Sonoma County District Attorney’s Office following an environmental complaint that accused them of causing significant damage to streams and wetlands while constructing a vineyard in 2018 near Cloverdale, county District Attorney Jill Ravitch announced Friday.

Deeply ripping apart the terrain, tearing down trees and pushing them down streams without permits under the county’s Vineyard & Orchard Site Development Ordinance, and lacking permits for grading roads and installing culverts were among acts that Hugh Reimers and Krasilsa Pacific Farms, LLC were accused of in August 2019.

Uprooting oak woodlands and discharging sediment into Russian River tributaries caused major environmental damage, which violated the California Water Code and the federal Clean Water Act, according to a 2019 investigation by the Regional Water Control Board.

The business also did not comply with the terms of a 2019 cleanup and abatement order, which required the full restoration of the 2,278-acre property to its previous condition.

A statement in May said the impact of these actions are still evident, as they threaten the migration, spawning, reproduction and early development of cold-water fish in the Little Sulphur, Big Sulphur and Crocker creeks.

Read more at https://www.pressdemocrat.com/article/news/sonoma-county-vintner-his-business-and-das-office-reach-925k-environment/

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Landowner under fire for post-Walbridge salvage logging violations

Mary Callahan, THE PRESS DEMOCRAT

To hear Ken Bareilles tell it, the worst thing to happen on his land west of Healdsburg since the 2020 Walbridge Fire was the felling of charred Douglas fir trees that now lie on the ground, dried and cracking, because there’s so little demand at the mills.

To hear his neighbors tell it, the worst thing to happen since the Walbridge Fire has been Ken Bareilles.

It’s not just the neighbors. He’s seen as a bad actor by environmental watchdogs, regulators and others who have watched his emergency timber operation unfold on 106 acres in the sensitive Felta Creek watershed. Set among lush redwoods and ferns, the creek is a last refuge for endangered coho salmon.

Bareilles, for his part, has a different take on the unauthorized creek crossing, the hillside erosion, the flowing sediment, the tractor driven into the bed of Felta Creek and the host of violations documented by three state regulatory agencies over the past year.

According to him, they are the result of bad luck, poor advice, miscommunication and the relentless griping from residents who object to him logging fire-damaged trees up the hill from their homes along a narrow, private road.

He says Cal Fire and other agencies are only trying to pacify the critics by cracking down on him, and anyway, it’s only words and paper. So far there have been no fines or interference in his logging — though he remains under investigation by at least two state agencies. His one-year emergency logging permit, initially set to expire in October 2021, was even extended a year, like everyone else’s.

Read more at https://www.pressdemocrat.com/article/news/landowner-under-fire-for-post-walbridge-fire-salvage-logging-violations/?ref=moststory

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Sonoma County vintner, business face $3.75 million fine for alleged environmental damage

Emily Wilder, THE PRESS DEMOCRAT

State regulators are seeking to impose a $3.75 million fine on a Sonoma County wine executive and his business for allegedly causing significant damage to streams and wetlands while constructing a vineyard in 2018 near Cloverdale.

The North Coast Regional Water Quality Control Board has accused Hugh Reimers, an Australian vintner, and his company Krasilsa Pacific Farms LLC of improperly clearing trees, grading land and disposing of construction and earthen waste materials in a way that was detrimental to wetland waters and wildlife, according to a May 9 complaint by the North Coast Water Board’s enforcement staff.

A 2019 investigation by the water board of the 2,278-acre property, which Krasilsa Pacific purchased in September 2017, found the company violated the California Water Code and the federal Clean Water Act by removing oak woodlands and discharging sediment into Russian River tributaries.

The actions harmed streams that fed into the Little Sulphur, Big Sulphur and Crocker creeks, according to the complaint.

Read more at https://www.pressdemocrat.com/article/news/sonoma-county-vintner-business-face-3-75-million-fine-for-alleged-environ/

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Sonoma County District Attorney’s Office files civil case against vintner Hugh Reimers for environmental damage

Bill Swindell, PRESS DEMOCRAT

Sonoma County District Attorney Jill Ravitch has sued vintner Hugh Reimers and his business over environmental damage her office says was caused by improperly clearing land near Cloverdale to build a vineyard in late 2017.

The prosecutor cited two specific causes of action in the case that was first filed in July by Deputy District Attorney Caroline Fowler against Reimers and his business, Krasilsa Pacific Farms: water pollution and stream bed alteration; and unfair business competition.

The civil complaint was the result of an investigation that was led by the North Coast Regional Water Quality Board and the Sonoma County Department of Agriculture. The water board found in 2019 that Krasilsa Pacific violated the California Water Code and the federal Clean Water Act for clearing and grading 140 acres. The board concluded that the work on a section of the farm’s more than 2,000-acre property was done without applying or obtaining the necessary permits required by the county to operate a vineyard.

The water board is in settlement negotiations with Reimers and Krasilsa over a cleanup and abatement order it issued over specific water code violations, said spokesman Josh Curtis.

“If we cannot come to mutually acceptable terms, the regional water board will consider all its enforcement tools as options in resolving this matter to the benefit of our community and the people of California,” Curtis said in an email.

Read more at https://www.pressdemocrat.com/article/business/sonoma-county-district-attorneys-office-files-civil-case-against-vintner-r/?ref=mosthome

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Montage Healdsburg resort developer fined record $6.4 million for water violations

Kevin Fixler, THE PRESS DEMOCRAT

State water quality regulators have fined the developer of Montage Healdsburg, the ultra-luxury resort set to open Saturday, more than $6.4 million for environmental violations tied to hotel construction during the stormy winter months of late 2018 and early 2019.

The fine — the largest environmental penalty of its kind on the North Coast — was approved Friday by the Santa Rosa-based North Coast Water Quality Control Board following a nearly eight-hour virtual hearing.

The board’s 5-0 vote affirmed a fine recommended by agency prosecutors as part of a two-year enforcement action against Sonoma Luxury Resort, a subsidiary of Encinitas-based developer the Robert Green Co.

“Today, the prosecution team proved that there were widespread, persistent stormwater violations at the discharger’s construction project,” Dan Kippen, prosecuting attorney for the State Water Resources Control Board, told the regional body Friday. “Ordering the discharger to pay the proposed liability will send a message not only to this discharger that its conduct was unacceptable and must be avoided for its future projects, but will also send a message to all future developers that they flout the (construction general permit) and other water laws at their own peril.”

The 38 violations put forward by regulators included woefully and repeatedly inadequate erosion control measures documented over several months by water quality investigators at the 258-acre resort property at Healdsburg’s northeastern edge, last estimated to cost $310 million. Prosecutors said nearly 9.4 million gallons of prohibited runoff and sediment-filled stormwater escaped the heavily sloped construction site and into streams of the Russian River watershed, leading to two forced work stoppages. The affected tributaries included Foss Creek, a steelhead trout stream.

“I can stand here before all of you right now and tell you in my 20 years, I’ve yet to see a site this nasty,” Jeremiah Puget, senior environmental scientist with the regional board, said Friday. “If you take this case in its entirety, we believe that we went above and beyond our role — as did the city of Healdsburg — in trying to return this site into compliance.”
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Sonoma County supervisors eye changes to rules governing vineyard development

Tyler Silvy, NORTH BAY BUSINESS JOURNAL

Changes sought by grape growers to Sonoma County’s ordinance governing vineyard development are set to come before the Board of Supervisors on Tuesday, with proposed revisions that county leaders say will streamline permitting and encourage more environmentally friendly farming practices.

The changes are meant to update the county’s Vineyard Erosion and Sediment Control Ordinance, established in 2000. The rules have long been a source of friction between the county’s dominant industry and environmental interests.

But the changes before the Board of Supervisors on Tuesday, supporters say, are a common-sense approach to adapting land use that will be better for the environment.

“In my mind, not only does this not weaken (the ordinance), but this increases it,” said Supervsior James Gore. “I want to see landowners and producers changing practices to less-intensive systems. And if we can streamline this process, and reduce the costs of permitting to do that, that is the ultimate win-win.”

The revisions call for greater leeway and eased rules for growers who are seeking to replant vineyards, including incentives for those who use less invasive methods. The changes also would adjust permitting costs and timelines.

The changes came about through a series of meetings over the past two years between grape growers and Supervisors Gore and Lynda Hopkins, who together represent the Russian River Valley, Dry Creek Valley, Westside Road and the Alexander Valley.

The original ordinance stemmed from a public push to prevent damaging erosion, tree removal and water pollution problems linked to vineyard operations, which now cover more than 60,000 acres in Sonoma County. In one case, a major landslide in 1998 caused Dry Creek to run red with sediment-laden runoff. The rules have been revised at least three times since the initial ordinance.

The latest proposal emerged from discontent within the wine industry about the work of an an outside contractor the county uses to oversee the vineyard erosion rules.
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Sonoma County parklands a mosaic of ash and unburned islands after Glass fire

Julie Johnson, THE PRESS DEMOCRAT

From a distance, wildfire ash almost looks like snow peaking out from stands of barren trees and pockets of green canopy on the ridges and slopes encompassing 8,800 acres of parkland in the Mayacamas Mountains straddling the Sonoma and Napa valleys.

The Glass fire burned through the majority of these treasured preserved lands, moving throughout all of Hood Mountain Regional Park and roughly 90% of Sugarloaf Ridge State Park, leaving pockets of green islands within the burn scars.

Stewards of these lands say the next several months will involve urgent work to prevent traumatic erosion to the land, stop large sediment deposits from clogging creeks, and tamping down invasive weeds so that native plants have a chance to grow back and thrive.

Though it could be months before the public is allowed to return to the trails and the stunning panoramic view of the valley from Gunsight Rock, the outlook is far from grim for the flora and creatures adapted to fire.

“It’s not a tragedy when a park burns,” said Melanie Parker, deputy director of Sonoma County Regional Parks.

Read more at https://www.pressdemocrat.com/article/news/sonoma-county-parklands-a-mosaic-of-ash-and-unburned-islands-after-glass-fi/

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Sonoma County winery faces record $172,000 fine for alleged vineyard work violations

Tyler Silvy, THE PRESS DEMOCRAT

A Geyserville winery and its billionaire owner face a record fine from Sonoma County agriculture officials who contend the Alexander Valley company destroyed nearly an acre of land this summer through hillside grading and conducted other unpermitted work.

The $172,282 fine issued July 10 to Skipstone Ranch owner and technology entrepreneur Fahri Diner is the largest ever levied by the Sonoma County Department of Agriculture/Weights and Measures. It’s more than triple the previous high penalty, a $50,000 penalty in November 2019 related to disruption of wetlands.

Skipstone Ranch is appealing the three violations related to the fine; there are tentative plans for a late October county administrative hearing.

n a report detailing findings of their investigation and notification of the violations, county agriculture officials documented an industrial grading operation on a steep hillside along the northwestern edge of the Skipstone Ranch property off of Geysers Road. This resulted in nearly identical terracing to the adjacent hillside grapevines on the 200-acre estate vineyard property. Ag officials also accused the property owner of disallowed grape plantings elsewhere on the property.

A spokeswoman for Skipstone Ranch acknowledged the work was similar to adjacent terracing for grapevines, but she said the construction was tied strictly to repairs related to the October 2019 Kincade fire that burned 77,000 acres in Sonoma County. She said the winery had no intention of planting additional grapevines.
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