After nearly 16 years of failed enforcement efforts at a McKinleyville-area ranch, state water regulators are turning to the California Attorney General’s Office to resolve a laundry list of alleged environmental violations impacting Little River near Moonstone Beach.
The 226-acre property, owned by the Vern C. McGaughey Trust, has been the subject of dozens of warning letters and violation notices from the California Coastal Commission and the North Coast Water Quality Control Board over unpermitted solid waste disposal, unauthorized grading, inadequately controlled grazing “resulting in widespread fecal waste” and bacterial pollution in Little River, as stated in numerous documents shared with the Outpost.
While the state’s concerns largely focus on unpermitted activities within the channel of Little River, local environmental groups worry that bacterial runoff from the property could pose a threat to people recreating downstream on Moonstone Beach.
Ken Bareilles, a local attorney representing 88-year-old Vern McGaughey, largely disputes the allegations, though he does admit that his client failed to secure the permits necessary to work in Little River’s channel. Bareilles called concerns of fecal bacteria in Little River “bullshit,” adding, “It’s an ag zone; cows and horses poop everywhere out there.”
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Humboldt Waterkeeper and the Surfrider Foundation are among the environmental advocates calling for the Attorney General’s Office to get involved in the case. In a joint letter to the water board, the groups highlight water quality concerns in Little River, as well as potential impacts to endangered salmonid species and people who recreate at Moonstone Beach.
“Little River was designated as impaired by pathogens in 2015,” the letter states. “Numerous studies have confirmed high levels of pathogenic bacteria in the river. Since then, numerous violations of local and state regulations designed to protect water quality and aquatic health have been issued to the property owners. It appears that no actions to remedy the violations has been taken, despite the ongoing impacts to public health and safety.”
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“We have received complaints from members of the public regarding children experiencing vomiting and diarrhea after playing in Little River; horse and cattle carcasses in the Little River channel; and plastic erosion control fabric covering streambanks and pieces floating downstream,” the letter continues. “We have also fielded numerous calls and emails over the years from people wondering if it’s safe to recreate in Little River and in the surf near the mouth.”
Something important to note about Little River is that its condition changes on a week-by-week basis, as detailed in the Little River State Beach Report Card. At the beginning of July, for instance, the beach scored an A+, but this week it’s at a B.
Jen Kalt, executive director of the Humboldt Waterkeeper, said conditions on Little River tend to be affected by rainfall.
“Every time it rains a significant amount, stormwater pollution carries fecal matter into the river, and the county advises that people stay out of the water for 72 hours after major rain incidents,” Kalt said during a recent phone interview. “Once the fecal bacteria and viruses aren’t in the guts of warm-blooded animals anymore, they start to die off.”
“People, a lot of times, freak out when they find out that Little River has this kind of pollution, but it’s a good rule of thumb no matter where you are to be really cautious [after a rainstorm], especially with children, because they are so likely to swallow water,” Kalt continued. “If you have any kind of open wounds on your body, that can be really dangerous for infections, especially for people who are immunocompromised.”
Kalt wants to see a true resolution to the issue, not just more threats of punitive action. If the water board decides to forward the case to the Attorney General’s Office, she hopes the state will order the property owner to “fix the damage and stop the continuing abuse” of Little River.
The North Coast Water Quality Control Board will discuss McGaughey’s case at its next meeting on Thursday, Aug. 6. The board will meet at the Elk Valley Rancheria (2332 Howland Hill Road) in Crescent City at 9 a.m. Read the full agenda for instructions for remote attendance. Those who wish to speak during the meeting should register in advance.
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