ROYAL CITY – The Department of Ecology announced through the media last Thursday, Jan. 24, that B&G Farms of Royal City and owner Mike Brown are being fined $20,000 for not preventing “extreme erosion” during a July 20 cloudburst.

The release has incensed Brown and staff at B&G, according to B&G's Sarah Wardenaar. Wardenaar says Ecology was trying to stir negative public reaction toward B&G even before sending B&G an official finding or fine. Official notification arrived on Jan. 25, one day after the media release.

Wardenaar said Ecology had not offficially advised B&G of any action or fine before putting out the release. She said B&G owners will appeal both and seek their day in court.

Patrick Acres, attorney for B&G Farms, on Thursday said: “It is an absolute mis-statement that Mr. Brown has taken no measures to avoid erosion. This statement is intended to mislead and cause harm to Mr. Brown for whatever reason."

The land in question is south of Royal City on Smyrna Bench, on the north side of the Saddle Mountains. A heavy storm on July 20 sent a large amount of soil down the mountain and into Lower Crab Creek, covering the road, smothering fish habitat, and polluting the creek with mud.

Ecology places the blame on B&G. Wardenaar places the blame on a storm about which no one could have done anything. It included hail and ruined fruit and other crops on the Royal Slope. B&G suffered crop loss.

“This area received 2-plus inches of massive rain fall within 20 minutes,” Wardenaar said. “No amount of cover crop could have held the amount of water that was raging off of the Saddle Mountain above our farm.”

Ecology said an investigation indicated that B&G Farms’ measures were inadequate to avoid erosion on the Smyrna Bench.

“We could have had a 50-foot retaining wall, and it would have been washed right down with all that water,” Brown said.

Prior erosion problems on the property, Ecology said, led to an agreement with Brown regarding erosion practices. Ecology said B&G Farms was directed to establish a formal farm plan with tillage and cultivation practices that maintain or improve the condition of the soil to minimize soil erosion.

In July 2012, Ecology inspectors said, B&G Farms' farming methods had not changed. Ecology says it ordered B&G Farms to develop a new plan, which is to be submitted to Ecology by March 30.

Wardenaar said that for Ecology to expect a better result from the aforementioned storm is unreasonable. It was no ordinary storm. It left standing water inches deep on the main street of Royal City.

“This press release diminishes the volume of this storm by calling it heavy. This storm was catastrophic,” Wardenaar said. “It destroyed fields and crops and flooded everything in its path.”

“This (press release) implies that the soil going down the hill was the sole cause of smothering fish and polluting the creek with mud,” Wardenaar added. “We do not think it even contributed to this situation.”

According to Wardenaar, fallow fields that had been in organic green peas were harvested on June 22. The fields were left with all residue from peas in place (no tillage had occurred).

On July 24, or four days after the catastrophic event, Wardenaar said, the tenant began to kill weeds on the pea ground with a noble plow. This tillage implement does not cover any residue. It leaves it in place on top of the soil.

“These fields were not worked north and south but perpendicular to the slope,” Wardenaar said. “These practices are all aligned with the Conservation Plan guidelines.”

“In addition,” Wardenaar added, “any cover crop planted after the pea crop had been harvested would not have had sufficient time to grow or in any way stop what occurred on July 20.”