[env-trinity] Where is Danny Hagans?

[Patrick Truman]

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NAPA 
Winery expansion sows dissension 
Officials look into possible violation of erosion control ordinance
Glen Martin, Chronicle Environment Writer

Monday, June 19, 2006

           
     


A Napa winery's dispute with state and county officials over the unsanctioned construction of terraced vineyards near a creek is raising concerns about the effectiveness of efforts to control agricultural expansion into forested mountain areas. 

At the heart of the issue is Palmaz Vineyards' disposal over the past three years of as much as 100,000 cubic yards of soil and rock dug from a huge subterranean winery complex. The "excavation spoils" were used to create about 20 acres of vineyards on the upper reaches of Hagen Creek, a small stream east of the Napa Valley. 

The work was done without a county erosion-control plan and accompanying environmental report conducted according to guidelines of the California Environmental Quality Act. 

Palmaz representatives say the brouhaha is a misunderstanding because the rules are complex and unevenly applied. But some government officials and local engineers say the project clearly violates the county's erosion control ordinance, a seminal conservation rule passed in 1991 that places tight strictures on hillside vineyard development. 

Unless Palmaz is kept to the letter of the law, they say, the ordinance -- which generally is obeyed by vineyard owners -- could unravel. 

"Nobody likes regulation, but I think most people around here now feel that planting vineyards wherever you want may not be a great idea," said Phill Blake, the Napa field office district conservationist for the Natural Resources Conservation Service, a subsidiary agency of the U.S. Department of Agriculture. Blake helped write the original erosion control regulation. 

The problem, said Blake, "is that you see people waiting patiently for approval to plant a 1- or 2-acre vineyard. So it's understandable if they become upset when they see someone thumbing their nose at the ordinance, not playing by the rules." 

The conflict marks the second time Palmaz has run afoul of regulators. In 2001, it was cited by the California Department of Fish and Game for removing oaks and altering a tributary of Hagen Creek without appropriate permits. Fish and Game required the winery to remediate the damage. 

Cathy Roche, an attorney for Palmaz, said that the winery has been diligent in attempts to conform to county and state regulations, but that the process has been complicated. She said county officials approved the Palmaz plan to dispose of the excavated soil "under standard erosion control methods" on winery property rather than trucking it to a disposal site. 

Roche said a letter that Napa County Planning Department assistant director Patrick Lynch sent to her in the spring of 2004 stated that the vineyard work was consistent with the winery's use permit. 

"We complied with the use permits, so we determined we didn't need an erosion-control plan and (environmental) review," she said. 

Amalia Palmaz, the owner of the winery, said that she acted with the best of intentions and that even the winery's attorneys didn't always agree on interpretations of government regulations. 

But California Department of Fish and Game officials believe violations of state law may have occurred with the ambitious vineyard development. 

"We did meet with them recently, but that's after repeated efforts were made to contact them, dating from January," said Lt. Don Richardson of Fish and Game. "It has been a difficult process at best." 

Richardson said his agency is conducting an investigation of the winery, and that information may be filed with the county district attorney for possible charges. 

Hilary Gitelman, the Napa County planning director, said an erosion control plan with accompanying environmental report is required for any property with a slope greater than 5 percent. 

"It's definitely more than 5 percent up there (on the Palmaz property)," she said, adding that the winery did not obtain a required grading permit for the vineyard terracing. 

"We view this as an ongoing investigation of possible code violations," Gitelman said. "Right now, we're making sure they do what's necessary to get the grading permit. (Then) we'll have to determine what level of (environmental) review (for the erosion control plan) is required." 

Roche said the approval process for new vineyard development is confusing and onerous to growers and vintners. The process also puts a great financial burden on vineyard owners, she said. 

"An environmental review for a 50- or 60-acre vineyard can easily cost $500,000," she said. "It has become a major issue for the industry." 

But such an expense is nothing new for the premium wine business, said Jim Bushey, a vineyard engineer for PPI Engineering in Napa. 

"It's part of the cost of doing business, and if you get into this business, you know that," he said. 

Besides, said Bushey, environmental reviews are a relatively minor expense in the moneyed world of California wine -- especially for a winery like Palmaz, which is lavish even by Napa Valley standards. 

A tour of the disputed Palmaz vineyard site revealed a landscape that is significantly altered but shows no apparent signs of erosion. Flourishing vineyards grow on the terraced excavation spoils. While no large trees remain around Hagen Creek, the riparian zone has been vegetated with grasses, willows and other plants. The soils seem firmly anchored. 

Danny Hagans, an erosion and sediment-control specialist who is a consultant for Palmaz, said the project is soundly engineered. 

"This was abandoned agricultural land, not virgin forest," Hagans said. "The vineyards are only on the foot slopes, not along the creek. The buffers and setbacks for the creek are generous." 

Hagans pointed beyond the fence to a large landslide on forested land that occurred over the winter. 

"That slide dumped more than a thousand cubic yards of material into the creek, and it happened on wooded land," he said. "By contrast, there was no significant erosion in this vineyard." 

But critics say the project strayed from government rules even if it is superb in every detail. They claim the erosion control ordinance protects the Napa Valley's watershed as a whole -- and if variances are allowed, they say, the damage to the county's woodlands and waterways could be extreme. 

"While the ordinance had some growing pains, it is now working very well," Bushey said. "But if it's going to continue to work, it has to be applied evenly to everyone. Unfortunately, enforcement has been the weakest link in the regulation since it passed in 1991. That needs to be addressed." 

E-mail Glen Martin at glenmartin at sfchronicle.com. 
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