Reject Proposed Rezoning for Mercer-Fraser Project, Says Letter to the Editor

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Letter to the EditorAttention: Community of Humboldt

I stand in solidarity with the Honorable Councilwoman Vivienna Orcutt of the Hoopa Valley Tribe in asking for the community to attend the December 4th 2018 9:00AM Board of Supervisor’s meeting and speak in opposition to Board efforts (supervisors Ryan Sundberg and Rex Bohn in particular) to fast-track the industrial cannabis applications for their wealthy campaign contributor Mercer-Fraser Corporation.” – Allen McCloskey

It is time for us to call these people out and to tell the Board of Supervisors and their wealthy developer friends that our resources, our water, our rivers and all that is pristine Humboldt ARE NOT FOR SALE!!

Humboldt County Board of Supervisors (HCBOS) are fast-tracking a departure gift for the Mercer-Fraser Corporation at the December 4th meeting. This move will allow Mercer-Fraser to jump two levels in the permitting process – from highway commercial use to heavy industrial.

The fight to protect our environment and Humboldt County Indigenous homelands has no boundaries. There are many environmental and destructive issues that face our community. Humboldt County Supervisors should not further complicate those matters by loosening cannabis extraction restrictions. Allowing such an irresponsible and dangerous corporate venture in the heart of North Coast salmon migration routes risks polluting both key fish habitat and drinking water for thousands of eastern Humboldt residents.

Humboldt County Residents have repeatedly asked the HCBOS to reject this Mercer-Fraser project and the proposed rezoning, and to protect drinking water and the health & safety of eastern Humboldt. The BOS is fast-tracking a volatile and combustible hash lab within 56 feet of elementary school property – showing that those with a voice at the table don’t really care about our communities.

The Klamath Trinity School District, Hoopa Valley Tribe, Yurok Tribe, and Willow Creek Community Services District all oppose this lavish corporate departure gift and environmental pass to the Mercer-Fraser Corporation.


In honor of our future generations, protecting our way of life, water, sacred places, and all living beings, we are requesting that any future county candidates, students, fish/water advocates, and fellow citizens that care about the earth join us in a protest event.

Building a sustainable Humboldt County is one of the great challenges of our time and it is an obligation to our children and grandchildren and the many generations to follow. We need to hold our Board of Supervisors and other elected officials accountable to the values of our rural community and not allow them to continue working for special interest big money and their wealthy campaign contributors. There is no denying that cannabis is a major factor when we talk about our local and regional economy, but as with any form of development there is the need for proper planning and careful-prudent consideration for our natural and cultural resources. We must always work to protect our natural resources, our water, and all that is sacred here in our rural community.” – Allen McCloskey, California Assembly Delegate


December 4th at 9:00am at the Board of Supervisors Chambers at the Humboldt County Courthouse.

Contact: Councilmember Vivienna Orcutt, Allen McCloskey

Hoopa Valley Tribe California Assembly Delegate

530-625-4211 Ext 104 707-616-0694



  • Anyone explain to me briefly why the words volatile and combustible are used to describe this facility? Not familiar with the industrial way of doing this.

    I never will forget the day the Bailey Suit wet suit factory glue pot blew up in Eureka, in the seventies. I was working on a ranch in the Elk River Valley, and when that sucker went it looked like a 1000# JDAM hit. Had me scrambling for cover and I was a good four miles away.

    If there is a high pressure system using volatile substances running in this proposed building, I sure as hell wouldn’t want to live close. A little info would be greatly appreciated.

  • Is this new operation the same as this one:

    Can you post the staff report or project referral for this meeting and project?

    • it won’t matter anyway. in 5 years there won’t be much out 299 and therefore no profit to be made for MF in the shake concentrate biz. tourism and who knows what is our future. the quicker we convert the better.

    • That project was next to the Mad River and they backed down from it due to pressure from the public and Humboldt Baykeeper. I hope that the public will show the sam level of concern for the people of the Trinity Valley as they did when they tried to do this on the Mad.

  • It appears this is a re-zoning of Mercer-Fraser property in Willow Creek ???

    >”The BOS is fast-tracking a volatile and combustible hash lab within 56 feet of elementary school property – showing that those with a voice at the table don’t really care about our communities.”

    Eh ?

  • This is what Alan McClosky did to the Pomo Indians when he lived in Kelseyville.
    Anyone want to ask him about that $27,000 dollars that they say he skipped town with?

    Scott’s Valley Band of Pomo Indians September 20, 2013
    VIA U.S. Mail
    FBI San Francisco
    450 Golden Gate Avenue, 13th Floor San Francisco, CA 94102-9523 Phone: (415) 553-7400
    Fax: (415) 553-7674
    RE: Request for Investigation of Allen McCloskey for Business Fraud
    To Whom It May Concern:
    On behalf of the Scotts Valley Band of Pomo Indians (“the Tribe”), I am requesting the immediate assistance of the Federal Bureau of Investigation (FBI) to investigate an urgent matter. The Tribal council has evidence of the following: While in the position of Tribal Administrator, an individual by the name of Allen McCloskey created a fictitious business to defraud the Tribe of $27,00.00 and potentially other money and resources. Through deceit, concealment, and violation of trust, Mr. McCloskey victimized the Tribe and obtained Tribal assets for his own personal advantage. The whereabouts of Mr. McCloskey are currently unknown. A brief summary of the Tribe’s investigation of Mr. McCloskey’s fraudulent actions is provided below.
    On or about November 9, 2012, in the capacity of Tribal Administrator, Mr. McCloskey issued a Notice of Request for Proposal (Phase 1 RFP) for the Trie to hire a consultant for the purpose of a Phase 1 Environmental Site Asssessment for properties in Lakeport, CA and Kelseyville, CA. Mr. McCloskey served as the contact person for the Phase 1 RFP.
    A Professional Service Agreement for Environmental Services was then adopted between the Tribe and a consultant using the name of J. Chavez S.P., and claiming an address at 2939 Union, Oakland, CA 94608. For services to start January 3, 2013, ad to be completed January 30, 2013, the consultant fee for J. Chavez S.P. Listed in the agreement was $27,000.00.
    An undated invoice numbered 93768V, in the amount of $27,000.00, was sent to the Tribe, care of Allen McCloskey, Tribal Administrator, for a purported Phase 1 Environmental Site Assessment ESA and Sub-Surface Reports. The invoice was sent by a person identifying themselves as J. Chavez SP, with the following contact information: 2939 Union, Oakland, CA 94608,, (206) 339-3320.
    On January 15, 2013, a check in the amount of $27,000.00 was issued to J. Chavez S with the above address by the Tribe. The check was issued through Westamerica Bank, 150 S. Main Street, Lakeport CA 95463, with the identification umber 42238.
    In February 2013, “J Chavez Environmental, SP Inc.,” sent Mr. McCloskey a letter with what is apparentl claimed to be a draft Phase 1 Environmental Site Assessment & Environmental Report. The report does not identify the property involved, provides little to no data, and did not reveal evidence of

    recognized environmental conditions in connection with the properties. Page 25 of the document states that owner of Chavez Environmental, Jayleen Chavez, S.P., reviewed the report.
    During a recent singe audit, the Tribe’s auditor’s pulled the Environmental Report and Invoice and found that nothing was attached as documentation for the expense of the Phase 1 Environmental Site Assessment. This finding generated suspicion into whether “J. Chavez Environmental, SP, Inc.” was a legitimate company. Initial web searches of the J. Chavez address showed to be a junkyard and the phone number is from Seattle and is inactive. Thereafter, on August 23, 2013, a Public Records search on Westlaw was conducted that found no information on J. Chavez Environmental, SP, Inc., or variation thereof. Furthermore, no results appeared in the Westlaw Comprehensive Phone Records for (206) 339-3320.
    The Public Records search, however, did produce disturbing information when searching Chavez and the consultants’ provided address: 2939 Union, Oakland, CA, 94608. Most concerning is the the Fictitious Business Name Record with the Business name “Tacos Chavez” and business owner Maria L. Chavez (Maria De Lourdes Chavez as provided in the Professional License Record and Maria D. Chavez De Coeva, birth date 6/XX 1967 in the Historic Address Record.) The licensing information provided in the Professional License Record shows that Maria Chavez has a Non-Store Retailers Full- Time license, license number 100530283, which was issued by the California State Board of Equalization licensing agency. The Professional License Record also indicates that the employer of Ms. Chavez is Tacos Chavez with the same provided address: 2939 Union St, Oakland, CA, 94608-4425.
    he Public Records search supports the Tribal Council’s contention that Mr. McCloskey created J. Chavez Environmental, SP, Inc. as a fictitious company in order to defraud the Tribe of $27,000.00 to purchase a catering vehicle, a taco truck, for his personal use and benefit under the name “Tacos Chavez”. Mr. McCloskey has possession of a vehicle that is identified as serving Mexican Food with the California license plate number 5V51539.
    Closre review of the Consultation Agreement (including computer-generated tags on the documents) with J. Chavez Environmental, SP, Inc., shows that it was drafted January 10, 2013 and modified on January 15, 2013, by Mr. McCloskey, which was the same day that the check to J. Chavez was issued. The RFP is also shown to be modified by Mr. McCloskey on January 15, 2013. Furthermore, the document properties f the Environmental Report show that McCloskey made edits to the document in March, 2013. Additionally, the invoice for Chavez Environmental was generated by Mr. McCloskey and Mr. McCloskey created the receipt to get the check.
    Mr. McCloskey resigned abruptly in April, 2013, at a time when he was already under suspicion for the improper use of the Tribe’s credit cards and mismanagement of tribal funds, amounting to a total of $7,6990.41. Although Mr. McCloskey’s whereabout have been unknown since his resignation, his last known address is 4916 Wendy Lande, Kelseyville, C, 95451, (707) 533-6100.
    The Tribe requests a meeting with the FBI to discuss and investigate this matter, which has jeopardized the Tribe’s finances, as soon as possible. The Tribe further requests the FBI’s assistance to discern the whereabouts of Mr. McCloskey, and place him in the custody of law enforcement. It is imperative that the Tribe locate Mr. McCloskey to resolve these allegations of business fraud and to prevent Mr. McCloskey and his associates from further defrauding the Tribe and other persons or entities.
    Please call me at (707) 263-4220 at your earliest convenience. You may also contact our counsel, Patrick Bergin, Esq., at (916) 441-2700. I cannot overstate the Tribe’s level of concern regarding this

    Donald Arnold Chairman
    cc: Tribal Council Members

    • Speaking Truth to Power

      It is unfortunate that you are resorting to engaging in the epidemic of malicious fake news, false propaganda and making patently misguided and ill informed statements via your anonymous post. We have witnessed, especially over the course of this last political season that so-called fake news and fabricated/unfounded allegations that lack any conclusion of law, administrative, civil or criminal can have real life impacts. It is extremely dangerous when tactics like this are engaged because lives of ordinary people just trying to go about their days, do their jobs, contribute to their communities, contribute to positive political change and growth……end up at the brunt of these type of unsubstantiated allegations.

      I would remind anyone reading this that Allen McCloskey holds several state licenses and medical certifications and is employed in a clinical capacity which requires both State and Federal (FBI) background clearance and fingerprinting……all of this requires extensive criminal clearance and background screening by the State and Federal Government. If any of these inflammatory falsehoods/allegations were true and/or determined to be valid and if there was any conclusion of law, the licenses held by Allen would be revoked. It is important that we all remember that anyone can make “allegations” and that anyone can do so anonymously, as this individual has chosen to do here.

      It’s one thing to disagree with Allen on this issue and his position on this particular project, its another to anonymously attack him with slander and unfounded allegations. The Allen we all know and have witnessed advocating for our community on multiple occasions and who has consistently worked to do the right thing by our community, always speaks openly and with complete transparency and if you notice, always puts his name to his statements and positions, unlike those who attack from behind anonymous statements. Its too bad that you have taken offense to his ability to bring about political change. If you have truly been paying attention you would notice that Allen has demonstrated on several occasions his ability to influence the local political and social climate by ensuring that a progressive majority on the City Council was maintained (including my favorite, keeping John Fullerton off the City Council) he also led our community in the effort to unionize St. Joseph Hospital, he was instrumental in ensuring high voter turnout for Measure P, Measure V, Measure O, and Measure Z, to name a few, and he successfully lead the appeal of the Board of Supervisors efforts to re-appoint Lee Ulansey to the County Planning Commission. Keep in mind that Allen has accomplished all of this without engaging in your off-color tactics of attacking with unfounded allegations and misleading-politically derived statements.

      It might do you some good to actually think about developing a counter position and engage in the democratic process and attempt to develop a learned counter to Allen’s position rather than this ugly attempt to slander a man who is only trying to do the right thing for our Community.

      • Allen, you know that the Pomo Indian tribe charges against you is NOT fake news .
        And calling the Pomo Tribal Council members liars is not going to go well for you. There is a LONG paper trail on you from the Pomo Tribal Council basically laying out how you stole $27,000 dollars from them and skipped town and bought a Taco Truck , which they state jeopardized their Pomo Indian finances. They requested help from the FBI to help discern your whereabouts and to place you into law enforcement custody.
        Did you think that what you did to the Pomo Indians was just going to go away?

    • So you posted a copy (?) of a 5 year old letter to the FBI that may or may not be real but is almost certainly libelous. Since you did not post a reply, we can assume this went nowhere, if you even sent it. If I were Allen McCloskey, I would hire an attorney and sue you.

    • the misadventures of bunjee

      McCloskey? For whatever reason that guy has my address and keeps sending me “merry xmas” political postcards in the mail. I never voted for the guy nor have anything to do with him, yet there he is sending me shiat in the mail.

  • Wow. This is awful. This project needs to be stopped!

  • This is insane. If you aren’t allowed to grow it within 1000 feet of a school or church how can they even contemplate a processing facility that uses comressed gases as solvents? Bad enough that they waived the air quality rules and allowed them to put in the cement batch plant a few years back. I can hear the thing from my house a mile away.
    They should leave the elementary school alone and go find a place in the woods to blow up like any orher self respecting hasher would.

  • How is Sundberg still still in office? Didn’t we vote his crooked ass out last spring?

  • These SOBs wouldn’t vote to put this across from their children’s school! It’s time to focus on racism in the form of willingness to harm resources/environment in Tribal lands in Humboldt County! It is unacceptable to put anything related to drug processing near any school! Schools are not supposed to be in industrial zones! Shame on HCBOS! Let’s show up for the sake of the children!

  • Kym, I am disappointed at how you titled this letter. Its not a ‘project’ that residents of the Trinty Valley are concerned about. Its a Hash Lab, as the author states. Mercer Fraser has acknowledged this as well.

    You are very happy to feature cannabis stories on your website but for some reason when there are serious issues of public concern at stake the your extra level of weed hype disappears?

    • I am sorry that you don’t care for my word choice. However, I do try hard to be fair. When I saw this info posted, I suggested it would make a good letter to the editor because I thought it was of community concern.

      • I thought I replied to this. We need the asphalt, we need the jobs, and it has been running for years. We want and need our roads fixed. See whats going on in Paris? California is being run just like France.

    • Also, it’s clear that Mercer Fraser is just trying to up the value of the property so they can sell it for more. And the rock quarry there although noisy for neighbors is a good community resource. We need rock and sand more than we need a hash lab. IMO

  • In the original planning department staff report executive summary to the planning commission, it was incorrectly stated that this project was exempt from setbacks to the river, churches, schools etc.. But in truth the pot ordinance states that manufacturing activity is only exempt from the school bus stop setback. So they do not meet many of the required setbacks.

  • i was under the assumption that they werent allowed to give out large scale permits for the first five years. after that then marlboro gets their shot

  • Disgusting supervisors

    The current board of supervisors is the most shameful,hideous, treasonous,slimeballs that this county has EVER had representing it !!!!! By far!!!!!

  • They’re incompetent and too disconnected to do anything about it.

    In a recent poll The State of CA (Inc) came in second as the most corrupt. Second to The State of NY.

    The World’s biggest problem is that individuals view themselves as powerless. We are designed and empowered to overcome and transcend all of these false influences. A gift we must not squander.

    Taxation is theft pure and simple.

  • Here’s a good article on whats going on:

    If you can’t go to Tuesday’s meetings you can submit comments to the BOS by email

    Call your Sups!

  • In case anyone is still wondering….

    No hash lab for now, but they got their zoning changed so they can try for the hash lab later or basically anything else they want to do there 🙁
    Empty victory for the community, secret win for the MF-ers. Thank you supervisors….

  • People are completely reactionary and don’t really think about issues they just say weed extraction that’s bad, then you get an asphalt plant and still complain I mean pick your poison and shut up there’s already an asphalt plant on the mad above the water supply for mostly everybody down here on the coast, get a grip do you know how much water pushes through that river every year, focusing on next to nothing in terms of contaminant

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