A 16-year effort to hold a McKinleyville-area property owner accountable for polluting Little River hit a major turning point today after the North Coast Regional Water Quality Control Board unanimously voted to refer the case to the state Attorney General’s Office for review. Now the case will play out in the courts.
Since December 2010, state agencies and environmental advocacy groups have sounded the alarm over allegations of unpermitted solid waste disposal and unauthorized grading at the 226-acre property, which is just upstream from Moonstone Beach. Water board staff assert that “poorly managed livestock grazing” and abandoned cow and horse carcasses have contaminated Little River with bacteria, specifically E. coli and fecal coliform, putting beachgoers and threatened salmonid species at risk.
The 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, the California Department of Fish and Wildlife (CDFW), state water authorities and various local agencies. Despite numerous attempts to resolve the matter and threats of fines exceeding $6,000 per day, 88-year-old Vern McGaughey has yet to comply.
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All who spoke during the public comment portion of the meeting urged the board to approve the resolution and forward the case to the attorney general for review.
Michael van Hattem, a senior environmental scientist with CDFW, described McGaughey’s property as “one of the worst” he’s ever seen for environmental violations. He described “countless solid waste dumps,” including derelict vehicles and RVs, as well as “land and habitat abuse.”
“CDFW recognizes the Little River Watershed as a critically important resource for salmonid recovery,” he said. “Given the ongoing harm to Little River and its floodplain, wetlands, sensitive species, habitats, tributaries, and the responsible party’s refusal to comply with the cleanup order, judicial enforcement of the water code is the most appropriate and efficient option [for enforcement]. CDFW and our … partners fully support fixing the issues in Little River once and for all, and that starts with the McGaughey property.”
Several other speakers, including Jen Kalt, executive director of the Humboldt Waterkeeper, raised concern about the presence of fecal bacteria in Little River and the potential for people to get sick from accidentally ingesting the water.
“We’ve received numerous complaints from people who have children who experience explosive diarrhea and vomiting after playing in the river or after rinsing off their wetsuits in the river,” she said. “As you heard, Little River also supports spawning coho and other protected species. It’s a really important watershed … and it could be a really incredible place if it could be cleaned up and restored. … The Little River doesn’t belong to any individual landowner; it belongs to all of us.”
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After some additional conversation, the board voted unanimously to approve the resolution and forward the case to the attorney general for review. The document can be read in full at this link.
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