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California Statewide Law Enforcement Association

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CDFW Warden Kristy Emershy Investigates Unlawful Placement of Soil & Fertilizer Near Quail Creek

Monterey County company to pay $40,000

Posted on February 2, 2021

MONTEREY COUNTY –  On February 2, 2021, the Monterey County District Attorney’s Office announced that its Environmental Protection Unit entered into a stipulated judgment with Growers Transplanting, Inc. to settle a civil action brought under Business and Professions Code section 17200, et seq.  The judgment requires that Growers Transplanting, Inc. pay

  • $25,000 in civil penalties,
  • in addition to $12,679 in costs to the California Department of Fish and Wildlife (CDFW),
  •  and $2,320 in costs to the Monterey County District Attorney’s Office.

Growers Transplanting, Inc. grows transplant seedlings for agricultural businesses in Monterey County, including at 27020 Encinal Road in Salinas.  The 27020 Encinal Road site abuts Quail Creek, which is a sub-watershed of the Lower Salinas River Watershed. On October 22, 2018, a California Department of Fish and Wildlife warden observed large mounds of potting soil and fertilizer, and signs of grading, at the 27020 Encinal Road site, all of which were occurring near Quail Creek. Placing soil or fertilizer where it may pass into a river or stream is unlawful under the Fish and Game Code.

“CDFW wardens work to protect California’s fish and wildlife as well as our environment,” said California Statewide Law Enforcement Association (CSLEA) President Alan Barcelona.  “Through education and enforcement, they protect that natural precious resources that many of us take for granted ensuring a positive future for all living creatures.  Thank you  to our CSLEA member, CDFW Warden Kristy Emershy for her work on this investigation.”

Prior to entering into this stipulated judgment, Growers Transplanting, Inc. entered into a remediation agreement with California Department of Fish and Wildlife.

Growers Transplanting, Inc. cooperated with the District Attorney’s Office in settling this matter and has agreed to be bound by an injunction as part of the settlement.

District Attorney Investigators Guillermo “Billy” Mixer and Peter Austen investigated the case on behalf of the District Attorney’s Office, and California Department of Fish and Wildlife’s Warden Kristy Emershy, investigated the case on behalf of CDFW.

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