Page 14 - Sonoma County Gazette Oct. 2019

Will the Punishment Fit the Crime? Habitat Near Cloverdale Destroyed to Make Room For Vineyard
By Anna Ransome
The Mendocino environmental degradation began in 2015 and included the construction of roads and stream crossings – causing irreparable harm to already fragile wetlands, the Water Board said.
A statement from the authorities noted that soil
erosion “impacts the migration, spawning and reproduction of salmonid species, such as endangered Chinook and Coho salmon and steelhead trout”.
Harvey said he was sorry. It was all a
Prominent Sonoma County wine executive Hugh Reimers has been ordered to submit a plan to repair the damage his wine company has done to hundreds of acres of natural habitat along Little Sulphur Creek, Big Sulphur Creek, and Crocker Creek near Cloverdale.
As with Reimers, the work was done without applying for or obtaining the required permits or authorization
The North Coast Regional Water Quality Control Board listed the
damage in its June
Notice of Violation
from state agencies.
issued to Reimers and his company, Krasilsa Pacific Farms, LLC.
The Notice
says that the
winegrower
bulldozed 50 acres
of oak woodlands,
deep-ripped
about 200 acres of
meadow, dredged
and filled 10,000
square feet of
wetlands, and
dumped tree
branches and
other fill in 2,450 feet of natural creeks which historically served as salmon runs.
misunderstanding.
14-www.sonomacountygazette.com -10/19
VNINEYARD cont’d on page 15
These actions directly threaten wildlife habitat and aquatic species, the Water Board notice said. “The discharge of organic and earthen material in the Russian River watershed is especially problematic because the Russian River watershed is listed as an impaired water body” and the sediment can seriously impair salmon populations by clogging the spaces in the gravel stream bed where the salmon lay their eggs.
They want to thank the agencies involved for their diligence in working with them to resolve this matter and reaching an agreement,” he announced through his attorney.
All this, done without permits or even applying for permits, in order to create a vineyard.
Reimers, who has years and years of experience with winegrowing, as CEO and President of two major
wine companies, can hardly claim ignorance about the regulations and procedures regarding land development. After receiving the Notice of Violation, he reportedly said he will cooperate fully with the water board, and didn’t intend any harm.
But will Reimers benefit from his wrongdoing?
In the Rhys case, the Water Board decided that the environmental damage was so great that restoration was “nearly impossible” and fined Rhys $3.7 million – a slap on the wrist for the tech millionaire. The only restoration required was returning the roads and river crossings to their original state.
What was the agreement?
“Rhys Vineyards, LLC deeply regrets the mistakes made.
It was all “agricultural cultivation,” Reimers said.
However, restoration is a tricky process, especially where wetlands are involved, and the immediate damage to waterways and salmon runs is irreparable. No study has been done to determine the detrimental effect of Reimers’ destruction on wildlife, including nesting birds and animal habitat.
For example, a similar case occurred in Mendocino, in the North Fork Ten Mile River watershed, where Rhys Vineyards filled in wetlands, destroyed waterways and bulldozed oak woodland for vineyard development.
Yet these lands deserve the highest protection as they provide forests, rivers and connective habitat for wildlife.
Rhys Vineyards is owned by Kevin Harvey, a Silicon Valley entrepreneur and founding partner of Benchmark Capital, a venture capital firm.
Friends of Atascadero Wetlands and the California Native Plant Society have written to the District Attorney, urging the office to prosecute Reimers. Several environmental organizations have spoken out in support of serious penalties and complete restoration. The District Attorney’s Office says it is reviewing the case.
In the Sonoma County Reimers case, the Water Board on August 29 issued a Cleanup and Abatement Order that requires him to restore the damaged property as closely as possible to its original condition or face fines.
In similar situations, vintners have gotten away with destroying the environment by simply paying fines.
By deliberately destroying the land first – then saying they are sorry -- they get to keep the benefits of their environmental destruction by getting retroactive permits for their vineyards.
It’s important to recognize that as the wine industry acquires acreage in more remote areas, there are fewer neighbors and public eyesfor scrutiny. For some winegrowers, this gives a greater incentive to take
a chance on foregoing the permitting process and environmental review.