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Salamander protection tied to permit streamlining in Sonoma County vineyards

Jeff Quackenbush, NORTH BAY BUSINESS JOURNAL

The origins of a new public-private solution for the longstanding environmental quandary facing Sonoma County grape growers operating in critical habitat for the endangered California tiger salamander can be traced to recent reforms of county permits for erosion control on vineyard projects.

Under an agreement with the U.S. Fish & Wildlife Service, the North Bay Water District will oversee a program in which owners of participating vineyards that have adopted and implemented best practices to preserve or add salamander habitat can avoid being sued by third parties for “incidental take” of the rare amphibian under the federal Endangered Species Act.

The deal also offers participating growers assurance that vineyard operations can continue without additional permits.

The Fish and Wildlife Service listed the Sonoma County population of the salamander as endangered in March 2003. Shortly after, the agency designated a wide swath of the Santa Rosa Plain as critical habitat. That put in place a regulatory system requiring costly studies and special permits for farming and many other activities in the area.

The most affected properties were near the species’ breeding grounds in seasonal wetlands and existing ponds or reservoirs, along with surrounding areas at higher elevations.

Read more at https://www.pressdemocrat.com/article/industrynews/deal-for-salamander-protection-in-sonoma-county-vineyards-builds-on-permit/

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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.
Continue reading “Sonoma County supervisors eye changes to rules governing vineyard development”

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Sorax, the Ghost of Salmon Past, speaks at the Board of Supervisors in 2012 on the passing of the VESCO ordinance

I am a ghost of Coho Salmons past, once born and raised in Dutch Bill Creek below Occidental. My last reported sighting there was in the 1960’s. I speak for all salmon and wildlife species not able to attend your meetings.


Do you realize that as public servants and supposed stewards of the Russian River that it is the only river in California to have three listed Salmonid species: Coho, Chinook and Steelhead? That is three distinct species of unique, ancient animals. Shall I remind you that humans, all 6 billion of you, compromise only one distinct species, which at this point ought to be renamed “Homo consumous.”

We as salmon, as recently in our evolution as 150 years ago, used to live in peace with the humans of this land, and we co-evolved with the harbor seals and sea lions and our natal forested creeks. The abundance of our families was so great that your early pioneering families remarked “that we were so numerous” they could “walk on our backs.” This all changed with your arrival. In the last 100 years, or during the time of those 3rd, 4th & 5th generation families who so proudly and loudly exclaim in your newspapers to be stewards of the land, it was they who cleared this land of over 95% of its old growth forests, 95% of its riparian forests, drained 95% of its wetlands.

I ask you where are my friends the Grizzly, the Elk, the Antelope, the Marbled Murrelet? My Coho ancestors used to number 500,000 in California rivers and now our runs number less than 5,000, to as low as 1,000 individuals! We are nearing the brink of functional extinction simultaneously with such gloating of stewardship.

It is critical for all of you to recognize that, compared to the past, this land is actually in a highly degraded state. You all need to own up to the fact that your ancestors are indisputably responsible for the overwhelming genocide of the Pomo and Miwok peoples, the silvacide of the great forests, the soilacide (as your activities have eroded and compacted the once rich fertility) and the salmonicide (as I stand before you at the tail end of our existence). If you have the vision and courage, this can change, you can turn this around if you act in earnest now.

This erosion ordinance you pass today with its especially inadequate riparian setbacks is a feeble first step and leaves me with fear for my children, but a critical move in the right direction if you decide to take more steps and begin walking towards a future vision of ecological watershed integrity.

Remember, I am a fish of the forest. Without trees, my breeding streams fill with sediment, dry up due to lack of groundwater recharge and what water remains becomes lethally hot for my young. Every aspect of your development paradigm must be questioned and reevaluated with restorative criteria. You must question your roads, parking lots, housing, industrial, agricultural, logging and mining practices. We the salmon are dying from the cumulative impacts of your collective inabilities to think like a watershed. If we go extinct and fade from memory, so will you!

In closing, since my spawning gravels are so embedded with silt from the denuded, compacted hillsides, I want to offer each of you, as servants of the public trust, an egg of mine that hopefully will help your thoughts to incubate on taking the recovery of Totem Salmon seriously and birthing a new vision of a shared watershed commons for the sake of all our relations.

Thank you,

The Sorax, aka Brock Dolman, Director of the Water Institute at the Occidental Arts & Ecology Center.

Source: https://oaec.org/our-work/projects-and-partnerships/water-institute/

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Calif. court rules against appeal filed by Sierra Club, others over vineyard permit 

John Sammon, LEGAL NEWSLINE
Two Sonoma County vintners received a judgment in favor of their proposed wine making operation when an appeal by the Sierra Club was turned back by the state’s 1st Appellate District Court of Appeals.
The court found in favor of the defendants Ronald and Ernest Ohlson, operators of the Ohlson Ranch, who applied for a permit to turn grazing land on their property into a grape vineyard. The Agricultural Commissioner of Sonoma County (commissioner) issued the permit after making a determination the issuance was a “ministerial” act, and therefore exempt from California Environmental Quality Act (CEQA) standards.
The commissioner’s decision was challenged by the Sierra Club, Friends of Gualala River and the Center for Biological Diversity, who asked for a writ of mandate, a court order to an agency or court to follow the law by correcting a previous action (issuing the permit).
Before the year 2000, grape growers in Sonoma County could plant vineyards without government review or permission.. Since then, new directives have been added, including submitting plans to address erosion controls, proper grading, drainage and other safeguards.
The Ohlsons filed an application in 2013 to turn 108 acres out of 132 acres of range land into a vineyard. The property included wetlands and marshy depressions but no trees or streams. Erosion was to be controlled by the use of anchoring grass, mulch, filter strips and cover crops.
Read more at: Calif. court rules against appeal filed by Sierra Club, others over vineyard permit | Legal Newsline

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In wine regions, vineyards and conservationists battle for the hills

Alastair Bland, YALE ENVIRONMENT 360
Kellie Anderson stands in the understory of a century-old forest in eastern Napa County, about 70 miles north of San Francisco. To her left is a creek gully, a rush of the water audible through the thick riparian brush. The large trees here provide a home for deer, mountain lions, and endangered spotted owls, while the stream supports the last remnants of the Napa River watershed’s nearly extinct steelhead trout.
“They want to take all of this out,” says Anderson, who sits on the steering committee of a local environmental organization, Save Rural Angwin, named for a community in the renowned wine country of the Napa Valley. She is studying a project-planning map of the area as she waves her free arm toward the wooded upward slope. “It looks like this will be the edge of a block of vines,” she says.
Anderson and two fellow activists, Jim Wilson and Mike Hackett, were visiting a property of several dozen acres that the owners plan to clear and replant with grapes, the county’s principal crop. The project is one of many like it that are now pending approval by Napa County officials, who rarely reject a vineyard conversion project in the Napa Valley, a fertile strip that runs northward from the shores of San Francisco Bay.
In Napa County, neighboring Sonoma County, and farther to the north in the Willamette Valley of Oregon, concern is growing among some residents, environmentalists, and scientists about the expansion of vineyards into forested regions and the impacts on watersheds and biodiversity. In Napa, an aerial view reveals a carpet of vines on the valley floor, which is why winemakers hoping to plant new vines increasingly turn to land in the county’s wooded uplands. At these higher elevations, “about the only thing standing in the way of winemakers are the trees,” says Hackett.
Read more at: In Napa Valley, Vineyards and Conservationists Battle for the Hills – Yale E360

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Hobbs vineyard conversion headed to court

David Abbott, SONOMA WEST TIMES
Paul Hobbs is making news in the West County again, as, on the heels of a $100,000 settlement with Sonoma County over questionable vineyard conversion practices, a lawsuit filed against the winemaker and the county by a group of parents in the Twin Hills Union School District will head to court.
A hearing will take place on March 2 at 9 a.m. in department 17 at 3035 Cleveland Ave., Santa Rosa.
The lawsuit, filed in December 2013 by the Watertrough Children’s Alliance, alleges that the county failed in its oversight duties by issuing a permit for the transformation of a 48-acre apple orchard into 39 acres of grape vines.
“This is a major project and it should have a CEQA review. It’s a huge manipulation of the environment. Why shouldn’t it require CEQA?” WCA attorney Paul Carroll said. “It’s been applied to much smaller projects. Thirty-eight acres is a huge project right next to a school. Hobbs shouldn’t get a free ride.”
But the ride has not been exactly free for the internationally known vintner who has had his share of run-ins with regulatory agencies over several West County vineyard conversion projects.
On Feb. 2, the Sonoma County District Attorney’s office announced a $100,000 settlement with Hobbs over a civil environmental complaint filed on May 28, 2014, focused on conversion projects that took place from 2011 to 2013.
Read more via Hobbs conversion headed to court – Sonoma West Times and News: News.

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Vineyard erosion rules effort restarts

Jeff Quackenbush, NORTH BAY BUSINESS JOURNAL

As state water-quality regulators prepare to try again this fall with a framework designed to control erosion into the Napa River and Sonoma Creek watersheds, winegrape growers in those areas are getting new tools to help prepare for the as-yet-undefined rules.

San Francisco Bay Regional Water Quality Control Board staff plan to issue notice by the end of June about the preparation of draft environmental-impact documents connected to general wastewater discharge requirements (WDRs) for vineyard operations in those watersheds, according to Naomi Feger, chief of the regional board’s planning division.

“We will be looking at the regulations that exist in Napa and Sonoma (counties),” she said. “They will not be in conflict.”

The goal is to hold the first scoping meeting somewhere in Napa in mid-July then compile comments from that and those received during the crafting of a conditional waiver of WDRs for vineyards in the two watersheds, an effort that ended in March of last year amid opposition. The current timeline is to release a draft environmental document for the vineyard WDRs in late fall and convene the first public hearings in the first quarter of next year, Ms. Feger said.

via Vineyard erosion rules effort restarts – North Bay Business Journal – North San Francisco Bay Area, Sonoma, Marin, Napa counties – Archive.

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Environmental groups' lawsuit could upend Sonoma County vineyard policies

Guy Kovner, THE PRESS DEMOCRAT

Three environmental groups are challenging Sonoma County’s approval of a 54-acre Annapolis vineyard in a case that reflects long-standing conflict over expansion of the county’s $600 million a year grape industry.

If the lawsuit were to succeed, it would wipe out the county’s vineyard development law, itself born amid controversy between growers and environmentalists 14 years ago.

That friction has intensified with the recent growth of forest-to-vineyard projects near the coast, a cool region hospitable to pinot noir grapes, the most expensive varietal grown in the county.

via Environmental groups' lawsuit could upend Sonoma County vineyard policies | The Press Democrat.

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Vineyard CEQA suit looms large

Dan Verel, NORTH BAY BUSINESS JOURNAL

A group is hoping to slow a vineyard expansion project at Paul Hobbs Winery by arguing that the California Environmental Quality Act should apply, a position that many in the wine industry said could lead to unintended consequences by usurping what they say is an important local provision.

The group, called the The Watertrough Children’s Alliance in Sebastopol, is far from the first to bring CEQA to the legal table in opposing a vineyard or land-use issue. But the group’s efforts also include contesting the permit that the Sonoma County Agricultural Commission issued for the expansion under the Sonoma County Grading, Drainage and Vineyard and Orchard Site Development Ordinance, which is exempt from CEQA. State law, the group argues, should supersede that ordinance, also known as VESCO.

In response to the group’s lawsuit filed late last year that claims the 48-acre expansion at Paul Hobbs Winery should fall under the purview of CEQA, John Holdredge, an attorney for Geary, Shea, O’Donnell, Grattan & Mitchell representing the winery, wrote that using CEQA over the local Sonoma County ordinance would effectively render VESCO “inoperative.”

via Vineyard CEQA suit looms large – North Bay Business Journal – North San Francisco Bay Area, Sonoma, Marin, Napa counties – Archive.

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Sonoma County adopts hillside vineyard restrictions

by Kevin McCallum, THE PRESS DEMOCRAT
New rules making it tougher to rip up forested hillsides to plant vineyards won qualified approval from the Sonoma County Board of Supervisor Tuesday.
The stronger erosion prevention measures were unanimously approved by the five supervisors, but most acknowledged that the process was viewed as frustrating and flawed by many involved.
via Sonoma County adopts hillside vineyard restrictions.