Property owners fined $165,000 after construction threatens endangered SLO County flower
Arroyo Grande property owners settled a lawsuit for $165,000 after their construction activities threatened a protected flower that only grows in San Luis Obispo County, according to a news release from the District Attorney’s Office.
The Delaware-based corporation Intrepid Financial LLC purchased an Arroyo Grande property located at 1007 Oak Park Blvd. in 2022, according to the complaint.
The 150-acre property includes grasslands, seasonal wetlands, scattered oak trees and the Pismo clarkia, a purple flower listed as endangered under the Federal Endangered Species Act and as rare under the California Endangered Species Act.
The flower only grows in 24 locations, all in SLO County.
In December 2020, controlling member of the LLC Darin Kruse applied to the county for an exemption that would allow him to grade the property to create a 13-acre vineyard and maintain an agricultural road, the complaint said.
The proposed grading would occur near wetlands and in an area with protected Pismo clarkia habitat — but Kruse did not check boxes on the form that would indicate the project needed further environmental review.
The county approved the grading exemption without further review on March 24, 2021, and Kruse hired a botanist to survey the property. The botanist found 550 Pismo clarkia plants adjacent to where the lots could be developed, the complaint said.
The property owners then conducted grading operations.
In October 2021, the county said it would not have issued the agricultural grading exemption without additional review if the application had disclosed that the project was near wetlands and Pismo clarika habitat.
The U.S. Fish and Wildlife service then ordered the property owners to stop development until they acquired the proper permits, and the California Department of Fish and Wildlife issued notices of violation for the construction work.
The property owners agreed in court to pay $165,000 in civil penalties and costs for their violations, which will be placed in a fund used to support enforcement of the county’s environmental laws, the news release said.
“Protecting our environment and preserving our natural resources is a top priority for our office,” District Attorney Dan Dow said in the news release. “The Pismo clarkia is a unique treasure of San Luis Obispo County, and we must ensure its survival for future generations. This settlement sends a clear message that our office will vigorously enforce environmental laws and hold property owners and developers accountable to obtaining the requisite permits prior to doing the work.”
