Humboldt County Challenged In Court Over Rolling Meadow Ranch Cannabis Permit Approval
The Rolling Meadow Ranch. [Image provided by Mary Gaterud, a neighbor and a plaintiff in the lawsuit]
The lawsuit raises concerns about potential violations of the California Environmental Quality Act (CEQA), State Planning, Zoning Law, and other laws. The plaintiffs are represented by Jason Holder of the Holder Law Group based in Oakland and David Nims of Janssen and Malloy LLP, located in Eureka.
The press release from the plaintiffs expressed that the Board’s decision for Rolling Meadow Ranch “has been a great disappointment to us, the neighbors in McCann, local Fire Districts, and many others in the community…This case is the first litigation of its kind regarding the Humboldt County cannabis compliance and permitting process as it has unfolded over the last five years. ”
Some of the main issues with the Board’s approval of the Rolling Meadow Ranch are detailed in the press release. The claims focus on
- impacts to wildlife, rare prairie ecosystems, and wetlands, requiring an EIR
- access roads which they say do not meet the mandatory requirements for fire, emergency access and traffic safety
- wells which may impact groundwater resources and hydrologically connected surface water features
- procedural CEQA violations
The plaintiffs are challenging the overall adequacy of the County’s analysis for the project. They explain in their press release,
[After] much consideration of this outsized Project’s ramifications for the environment and our community, [the plaintiffs] seek to compel preparation of an EIR [Environmental Impact Report] that will fully analyze and disclose the Project’s impacts and proposed feasible mitigation, and will consider alternative designs that can avoid or reduce the Project’s impacts.
The Rolling Meadow Ranch owned by Andrew Machata, a Florida resident, is located on over 7,100 acres in rural McCann on the main stem of the Eel River, and he plans to have 5.73 acres of year-around, mostly mixed-light greenhouse cannabis cultivation.
No one will live onsite, but a 24/7 security person will oversee the facilities estimated to produce between “30,000 to 120,000 pounds [of cannabis] a year,” according to an estimate based on plans for the Project by Jason Browne, who provides expert testimony in cannabis related cases.
The project is 8.5 acres total and features sixteen new greenhouses and other facilities with a “nexus to cannabis” as the Planning Department calls it, which translates to nurseries, indoor cultivation, processing sites and more. The plans indicate there will be grading of several acres, disturbing a half an acre of wetlands, and removing 23 trees. The lawsuit filed alleges there are over twenty species that will be impacted. Some protected species of concern are the spotted owl, the yellow legged frog and the golden eagle, Chinook Salmon, and the Coho Salmon.
The Rolling Meadow Project Humboldt County Planner Megan Ryan said, there were, “unavoidable but mitigatable impacts.” Mitigation efforts were proposed to replace habitat, trees and wetlands at a rate of 3-1.
According to the proposal, the grow is estimated to consume 4.6 million gallons of water annually, sourced from both 320,000 gallons of hard rain catchment tanks, in addition to three wells. Uncertainty around whether the wells are hydrologically connected to the Eel River and neighboring parcels is one aspect of the suit.
Brad Johnson, Land Use and CEQA lawyer for Rolling Meadow Ranch, stated in his presentation to the Board of Supervisors in March that the Project’s opposition doesn’t have a factual basis for their concerns because they were not authorized to be on the property. He argued, “The appellants hired a geologist to provide an opinion… Fisch Drilling has presented technical data … that shows the wells are not hydrologically connected[Board Meeting minute marker 3:46].”
Johnson said the plaintiffs lacked substantial evidence of a connection between the wells and the Eel River, and said, “The wells could have an impact, it might cause a fire, it might use generators…[But] those are not substantial evidence.”
However, the lawsuit alleges there is more than sufficient evidence to necessitate a more thorough environmental review, including a letter from CDFW’s Northern Region Habitat Conservation Program Manager, Curt Babcock from December 30, 2020. Babcock expressed concern that the CEQA analysis is reliant on written statements from David Fisch of Fisch Drilling, who is a Licensed Water Well Contractor, but not qualified to make such assertions.
CDFW recommended, “The applicant retain a qualified professional (e.g. geologist or engineer with hydrogeology background) [to assess] potential impacts.”
Humboldt County Planning Director John Ford sided with Johnson in the hearing, despite the recommendations from CDFW. Ford reasoned, “[CDFW is] raising concerns. We believe these concerns have been addressed…You can’t have proof of significant adverse impact because people, a lot of people, are opposed to a project, it has to be factually based.” [MM 5:08 Supervisor Meeting]
Another CEQA issue raised in the lawsuit is the claim that the County “fail[ed] to adequately disclose, analyze, and/or mitigate the Project’s significant direct, indirect, and cumulative impacts to cultural resources… [and] The Board disregarded the tribes’ request for consultation.”
This claim stems from a letter submitted to the Board when they were considering the project’s appeal. The Intertribal Sinkyone Wilderness Council, a consortium of ten federally recognized California tribes, requested the denial of the permit in order to protect cultural resources. They stated that they believe, these
…[w]ill be irreparably harmed if the project is approved…levels of harm [that] will potentially constitute violations of federal and state laws pertaining to the protection of cultural resources… and [we] demand the County place the project on hold during the Tribal consultation process.
In other cases, several cannabis farmers have been denied permits due to tribal objections, causing some to pause at the county’s oversight in this case.
The plaintiffs explain in their press release, “The cumulative impacts of the Project, in combination with other projects, including impacts to groundwater resources, biological resources, and wildfire risk, were not adequately analyzed.”
One area the plaintiffs are concerned about is the access roads to the property and the roads on the property. The plaintiffs, local Volunteer Fire Districts, CDFW and others claim the project could pose increased risks for the environment and the public’s health and safety.
The County, however, feels the roads are adequate. Rolling Meadow Planner Megan Ryan stated, “After review of the analysis provided by the applicants engineer Northpoint consulting, Planning Dept. staff determined…the access road with recommended improvements will accommodate the traffic volume generated by the project, [Supervisor Meeting Minute marker 2:34 ]. ”
(Recently, this reporter discovered a buried internal road evaluation for the project. We will have a story on it later this week.)
Those against the Project are concerned that the amount of traffic on the roads will increase and so will potential accidents. Though, currently, the population of McCann is about 17, that could increase to 70-80 as the Project is completely activated, according to Patty Richards, the neighbor at the Supervisors’ meeting.
In the press release the plaintiffs assert, “The Project’s potential to induce growth in a remote rural area was not adequately analyzed.”
Six different environmental organizations agreed, including the Environmental Protection Information Center (EPIC). EPIC’s Executive Director, Tom Wheeler “urged the Board to join EPIC and it’s 15,000 members and deny the project.”
Wheeler adds, “This project is too big and too impactful for the location.”
Robie Tenorio, Co-Founder of CLMP, and one of the members of CSH who helped file the lawsuit, wrote to the Board, saying that her understanding was that the Supervisors’ intention with the cannabis legalization was to “protect the environment,” but that the “approval…of an industrial size grow in a remote location…is not living up to those goals.”
The County’s argument, on the other hand, is that the project size is justified because it created a similar footprint when compared to other subdivided land holdings and the concentration of farms in the respective communities.
During the hearing in March, Director Ford said the landowner could use the property in much more environmentally harmful ways, for instance it could be subdivided into much smaller parcels. Those parcels would likely entail more roadwork, more buildings, etc.
The lawsuit just filed will pit the County and a private landowner against community and environmental groups as each side seeks to pull the cannabis permitting process into something more in line with their own vision.
It’s important to note that the county says it does not have to pay for potential costs of the lawsuit. Humboldt County Planning and Building Department Director John Ford explained, “As a component of Cannabis Ordinance 1.0 and 2.0, there is a requirement for applicants to sign an indemnification agreement…so [the applicant] will be required to pay for any litigation.”
A copy of the Writ submitted for the lawsuit can be seen in pdf form here.
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Communists hate private property.
yup
Commies are not down with OPP ( other people’s property).. private property doesn’t excuse abuses of the commons.. AKA clean air, clean water and endangered fish..
It’s funny that the people who have destroyed the lands for years and continue to destroy are against this project. Why didn’t you feel the same when you destroyed the earth with your grow operation? NIMBY? I guess that doesn’t apply to you!
What a beautiful area. Can not wait to see it filled with multiple green house to make it even more prettier. Another boost to are economy. More jobs provided with none impact on the environment. You’re project is much anticipated and appreciated. Keep up the good work. I loo forwardk to sampling there fine pro duct knowing another local business is benefiting from canibus. Cheers too you. If only the rest of big business we’re this necessary.
Amazing.
No matter how much opposition exists, the Supervisor’s approve it, and then there is no choice but to tie it up in court!
The property owners get baffled! They jumped through the hoops, and now, these “locals” want to stop them! Outrageous!
At what point does the “Planning Commission” kick this back? Remember the “Giant Windmill” project? The Supervisors finally voting to kill it (some of them in tears)?
Politically, this is Humboldt County at it’s best!
And, I want everyone to remember that Michelle Bushnell voted FOR this project!! Are you sorry you voted for her, yet?
In Lake County, drive up 29 to Kelseyville and view the 10 greenhouse “Cannabis Farms” being built there. I heard no fuss, and apparently, you can do anything you want, in Lake County…
Good luck stopping this! If the drought doesn’t put all the Pot Farmers out of business, the upcoming fire season surely might!
The supervisors who approved this should be recalled immediately!
Blaming supervisors is missing the point. This has more to do with State regs. The supes didn’t make up the stupid water rules: no springs, regulated surface water, free-for-all on wells. It’s obvious to all but the WaterBoard that well water would make it to a river eventually in ALL cases here. I can see wells for weed only 100 ft from the river free to shlork all summer, yet my surface withdrawal, in use since 1924, no go after (June, then May, now)April.
All these big grows you hate, wouldn’t be an issue with a one acre cap. That’s what voters wanted. CDFA decided otherwise.
Then you have newbies trying go big! Cue up the coke head at the bar: “yeah we’re gonna grow 30,000 to 120,000 pounds”…before they ever grew 100!
Hmm. Let me guess, your consultant told you to water them 50 gal. A day too huh…
Estelle: 100 years old and from, where? Scotland or somewheres…
Michelle: Incompetent and reactive hostile woman, a businesswoman and a Pot Farmer… Fractured, frustrated, frowsy and impressed by her own power… I call her quite dangerous!
Michelle will get pissed off, and quit, probably by August! Remember my prediction!
Good luck SoHum: With Michelle in office, you’re gonna need it!
Michelle does alot.of good md this rolling hills is too big I’m with the no go to Oregon for that size we aren’t a corporate city
It’s a shame Estelle couldn’t put more efforts into working with the larger community, instead of just a select group of people. She underestimated her constituency, and her opponent. Flashy Ad campaigns were not enough to mask her wrongdoings, and inability to create a balanced perspective. Now that we have traded one Traitor for another.. Looks like Bushnell is making a similar mistake..
The people opposed to the proposed grow on the Arcata bottoms should consult with a lawyer.
There might be grounds for a lawsuit.
I have wondered how all these ugly pot ponds they’re building all over the county are ever going to be filled with 99% of California being in a drought with no end in sight.
The “ugly ponds,” you refer to are for rain catchment. A little bit of knowledge about the subject will inform you that rain catchment is the most sustainable way to capture water during the rainy months to then be used during the dry months.
No matter how clueless people still gotta have an opinion and spread their ignorance around. Kinda like fake news when you spread ignorance like that.
This is what happens when you jump through all the hoops and try to do it right. Get sued by the very people who have been doing the same thing without any attempts to follow rules or guidelines at all for years.
yup
Nope!
Nobody was growing this much acreage “for years”.
Pretend time is over!
Spreading information is great except when it is bullshit!
It is good that we have so many laws. It makes it so no one can do anything around here because some idiot can challenge it in court and delay it for ever. As a very good example the balloon tract. We need industry here that will bring money to our area, a larger marijuana farm will export marijuana to the city’s and bring in their money. A frivolous lawsuit closed Arctic Circle. When are people going to learn that all these laws are not there so you can tie up progress. I know some supporter is going to scream back, “You need to protect out great area.” Well you idiots are causing our great area to die off, it may take 80 years but we are heading for the same fate as Orick. We need money coming into this area so you can afford the expensive houses, the hospital.
John Henry, it’s a Florida Corporation that owns Rolling Meadow. 1. That money isn’t going to stay in the county (except for probable kickbacks to Supervisors) never mind that town of 17
2. These are Florida greedy suits wanting to make big bucks off Humboldt’s name.
3. The proposed grow will need 4+ million gallons of water (probably per year)! We don’t have that kind of water on the coast now, so you know inland doesn’t.
4. If we want more cash coming in, let’s improve our broadband access and lure IT folks to start businesses here.
5. Keep Humboldt good-looking for tourism.
Money comes here in the form of wages. Georgia Pacific wasn’t a local company and they brought millions into the area.
John Henry for the win
“2. These are Florida greedy suits wanting to make big bucks off Humboldt’s name”
So what
“4. If we want more cash coming in, let’s improve our broadband access and lure IT folks to start businesses here.”
Yeah I’m sure IT CEO’s are too stupid to learn from this example that “big business” is not welcome here. I’m sure they’re not eyeballing FL and TX. Cool fantasy though.
“5. Keep Humboldt good-looking for tourism.”
Yes, keep the meth zombies shitting in the streets and begging for change in Garberville and Eureka. That small town charm wins em every time.
Rollin for the win.
You won the most ill informed award for having the comments most based on ignorant falsehoods! Let me guess, you are financially involved in this farm?
That’s the only reason I can think of that you would be supporting your own ignorant and false statements.
And extracted billions?
Georgia Pacific is a BAD example.. it was a superfund site, an eyesore and blight to the community it inhabited. Actually Tech might be a good option for Eureka because of its cool and coastal climate. The electrical costs are a bit high though. But with all the money pumping out of SF right now.. and the over completion, as well as working from home.. if Eureka could get its act together, it could be a suitable place for tech expansion. Hopefully it would draw more of the smaller underdawg companies that are priced out of SF.
https://www.kcet.org/shows/california-coastal-trail/what-does-it-take-to-turn-a-former-lumber-mill-into-a-public-park
Let’s talk about wages and money in the community-
Rolling Meadows Ranch is 250,000 sq ft and proposes to operate year round – producing 30,000 lbs to some absurd number of weed. (flooding the market and of questionable quality?) They most likely will employee people at $18.75 an hour or $750.00 a week X 25 employees X 52 weeks in a year = $975,468.00 a year paid to employees who supposedly live here.
Let’s say that instead of one grow with 25 employees – you have 25 farms of 10,000 sq ft each (250,000 sq ft) operated by one of your neighbors. If each farm grows 300 lbs and sells it for $800.00 and it cost them $300.00 a lb to grow you put $500.00 X the 300Lbs in your pocket or $150,000.00 a year. Multiply that by 25 farms and you have $3,750,000.00 to be spent in the community by these 25 growers.
These numbers are for one run only – if you do more runs or grow more or less weed just adjust the numbers. In any case there would be many MILLIONS back into our community.
These folks with the 10,000 sq ft grows most likely live on their land, are part of the community, probably will have kids in the local schools, donate to local causes, some even join the local volunteer fire companies etc. And they probably spend most of their money here in Humboldt County.
What do you think sounds better for the community?
(not commenting on the wisdom of this grow being approved or not, just giving a way to visualize it’s claimed water usage)
// “3. The proposed grow will need 4+ million gallons of water (probably per year)! We don’t have that kind of water on the coast now, so you know inland doesn’t.”//
Just for perspective as to how much water 4+ million gallons per year is, that’s about half the output of a standard 5/8” garden hose at typical household water pressure.
People think 4 millions sounds massive until they see the small stream from a garden house that equals it annually.
Now as someone who is intimately involved in commercial, licensed cultivation, my calculations (based on real world experience) puts their water usage at almost double their claim. This however can still stream out of a standard garden house.
Well time for Arcata, McDonaldsville, and Eureka to hold off using all that Mad River water…just to be consistent with your demands of rural citizens. How much of our “precious drought water” are you washing your high white horse with?
Same as Orick?! Nope.
Maybe not as bad as Orick but Eureka has very little other than tourism to bring money into the city. With the reputation Eureka is getting for crime and homelessness tourism may dwindle. A city needs something to bring money in to make it survive. Orick lost its lumber mills and has slowly gone downhill since. This whole area lost lots of lumber industry. Fishing is going to hell. It is good that we are getting the fish farm although as someone previously stated, it is owned by out of the area people, it will bring money into the area. We need some sort of industry that will take money from other places and bring it here, I think this marijuana farm will do that.
The big and only real reason the Balloon Tract project died was that Arkley went bankrupt. It never even got to the legal phase.
none of your comment is correct.
He paid some group some millions of dollars, I think it was 2 or 10 to agree on what is original plan was. He had to pay then to quit fighting him, do you understand that? It means it wasn’t that they were fighting for what is right, they were fighting for the money. Then a different group started after him, I guess they wanted some of his money too. Maybe he just gave up. I have no doubt that a local company was pitching in a lot of financing for the battle against him.
“I think it was 2 or 10.”
How about you figure out the facts first
And make a comment second
Then you might actually state a fact
Instead of bullshit
The Rolling Meadow Ranch owned by Andrew Machata, a Florida resident…
Connect Machata to Jason Pirozzolo, that would be a hoot.
Federal investigators are probing a trip to the Bahamas that U.S. Rep. Matt Gaetz allegedly took with former Orlando International Airport board appointee Jason Pirozzolo as part of a probe into potential sex trafficking violations, CBS News reported Wednesday evening.
Citing “multiple” unnamed sources, CBS reported that investigators are probing a Bahamian trip Gaetz, a Republican from the Florida Panhandle, took with Pirozzolo, an Orlando hand doctor and medical marijuana investor who allegedly paid for travel expenses, accommodations and female escorts.
………
Luckily, the DeSantis team made the decision easy for me and due to the fact that I was heavily involved with the medical marijuana industry and had multiple businesses in medical marijuana — and the SG (surgeon general) and DOH (department of health) run the medical marijuana industry here in Florida, that even if I divested entirely that would be an insurmountable conflict of interest,” Pirozzolo told the Sentinel in an email in 2019.
Gaetz then recommended Pirozzolo for an appointment to the governing board of the Greater Orlando Aviation Authority, which runs Orlando International Airport — and DeSantis obliged.
Once on the board, Gaetz, Pirozzolo and another DeSantis appointee that Gaetz recommended were part of an attempt to oust the airport’s longtime general counsel and replace him with new attorneys who would have been given unadvertised, no-bid contracts.
https://www.heraldmailmedia.com/news/nation/alleged-bahamas-flight-matt-gaetz-took-with-former-orlando-airport-board-appointee-is-being-investigated/article_ab6aff46-2c0f-53bc-aa4c-fda06f5fec55.html
TRB- Thank you! The cannabis “wealthy investor” world is pretty gross, full of graft and corruption. It’s not surprising to see a direct link between these guys and Rex Bohn’s bear-mace son…Here is another story of a well-placed “cannabis advocate” who signed off on some grows and dispensaries (after some back room secret discussions) https://www.sfgate.com/crime/article/Bay-Area-mayor-Sebastopol-Robert-Jacob-abuse-16094374.php
To be clear Farce, there is not a connection that I have found between these people.
Other than Florida based cannabis entrepreneurs, of course.
Some interesting Google results for Rolling Meadow(s) owner Andrew R Machata.
His company has had that name for some time; in 2002, the original Rolling Meadow(s) Ranch, near Lake Kissimmee, FL, was bought from him with $38 million of public money: https://www.heraldtribune.com/article/LK/20020828/News/605236487/SH
This was when Jeb Bush was FL governor. (Machata is a registered Republican.) Says the article, “The vote to spend the state money to purchase the Rolling Meadows Ranch, owned by Andrew Machata, came quickly with little debate or dissent.”
The business has apparently involved citrus concentrate commodities trading, as Machata and his company were fined $130k by the US Commodities Futures Trading Commission in 2006, for intentionally violating limits on trading volume: https://cftc.gov/PressRoom/PressReleases/5237-06
More recently, the FBI appears to have investigated contacts between Machata and local officials that may have involved inappropriate attempts to influence the placement of a planned parkway so that it would pass through a Machata development property: https://thespacecoastrocket.com/isnardi-sets-up-meeting-with-anderson-machata-and-lynk-to-move-parkway-through-his-property/
I don’t know if Machata has been convicted of any crimes, but this history suggests to me that it would be surprising if behind-the-scenes influence were not part of the RMR story in HumCo.
Andrew Michael Machata
Google if you want to see who this is
Florida 1
Eel river 0
Big win for out of state money luckily they got Ford in their pocket.
ford is likely the most corpulent and rotten small town official America has seen in a long time. He oozes corruption and duplicity.
Perfect candidate for a documentary.
Also if approved the 4.6 million gallons estimate of water use is just that. An estimate.
there’s no chance they only use 13-15 acre feet of water to grow 120000 lbs.
Let’s math
100000 plants x 1 gallon per day
X
200 days a year growing season
That’s 20 million gallons of H2O I’m getting roughly 4x the amount of water use they are claiming they will use ??
They have 1 acre foot of rainwater catchment ( or roughly 3 days of water once they are operational ).
The rest comes out of wells which are hydrologically adjacent to the river. And they will have to pull continuously to be able to meet their water needs.
This project should never be considered for approval.
Thank you, all, for these items!
Clearly, these people are not “moral enough” to grow gigantic amounts of ganja in a “sensitive environment”…
Recall the Supervisors, starting with Bohn and Bushnell…
TRB- Fair enough. I also sometimes mention stuff that is not fully connected. I do it to highlight that “legalization” is poised to enrich some very seedy people. We didn’t drain any swamp- only shifted the players (and have destroyed the mom n pops and little people). There’s no more destructive corruption than what goes on in secret meetings under the guise of “legalization”.
If I was opposed to this grow, I’d suggest looking into whose son is a part of running it for the Florida guy, it’s a better argument against it than anything I’ve read so far…just a hint his dad is a big fan of Mexican food and hubcaps.
HAHAHA!
Is it true that Trevor will be running the show? Verrry interesting…..
Quit yer sniveling.. an EIR is a must for a project like this. So is hiring lawyers and going to court. If the owners cannot afford this they shouldn’t be trying to play on this level of scale. Hire a phD hydrologist and archeologist and get on with it or quit but please stop crying about having to do what all large scale business have to do. Your not special just because you grow ganja.. Do the work!
Old retired people blocking 🚫 anything that produces enough money to raise a family. Better that it is illegal cartel grows they pay more taxes.
More capitalism and speculation from our favorite local industry..
If only the EF! of yesteryear existed, what would Bari or Foreman say about the excess’s of bud mining on rangeland?
Where is Darrel Cherney when you need him?
Seriously, where is Darrel churney? He supported and campaigned for Michelle bushnell , he’s fine that she supported and voted for this Florida bullshitters mega grow that will become an environmental catastrophuck. Thanks Darrell Bushnell!
To Guest – Darryl has done more than his share for the environmental movement & community. It might be time for someone else to pick up the torch. Perhaps you Guest or you environmental catastrophuck??
Simply put we did not vote for this type of development in our remote and sensitive habitats, when we approved the legalization and the corresponding County policy. Clearly by that overwhelming vote we were intending to remove the pressure from our hills, prairies, and extremely important Oak woodlands. The objective was to site these operations where current agricultural operations were in use, and where the infrastructure was already in place (power, water, paved roads, etc.). This is a complete joke and very frustrating to see the “agricultural soils” designation in the policy being used as a loop hole by the growers.
We need to fix this situation now before more damage is done by permitting these grows in remote locations. So far the push back from BOS has been, “well we can’t deny or change permit conditions mid-stream with so many in the process now”. Well, I say if the damage to our Oak woodlands is what I have seen then we need to so something now. It is the same with the Old Growth, did we wait too long?
I have heard that the Oak woodlands are just as ecologically valuable as the Old Growth!
Saying there’s no connection to the eel river from the 4.6 million gallons of water per year to be used is ludicrous. That much water use should be alone enough to deny the project.
The county doesn’t REALLY care. They’ll approve just about any grow especially if there’s no opposition. Every one should spend some time living in close proximity to a permitted farm , especially one who’s owners live 800 miles away and who’s imported “workers” give zero fucks and have no attachment to the neighborhood or anyone in it.
8 acres of greenhouses, talk about ugliness.
All for the “Humboldt “ Brand I assume, why else would you want to take on this project up on a ranch where roads are janky, workers will commute every day from Eureka, Fortuna (how many I wonder) and in the proposals they will also be using the Alderpoint road which is a disaster no matter how much they patch it up then be on Deyerville Loop road which is completely dirt .
Just what are non-growing Humboldt county residents getting out of all the fees and taxes the supervisors are so hungry for?
I’m sure most are encouraged by the job possibilities but a heck of a lot of permitted farms are worked by foreigners, not locals. Im glad for the foreigners but locals don’t want the jobs ( like in most ag operations in America) anyways. They are going to have a hard time keeping employees that can’t stay there and live, especially if they have to go on that alternative route up Alderpoint road. I can’t even guess how many employees it would take to run 8 acres of greenhouses and it’s infrastructure. Are they going to have their own nursery?
Grow all you want but for gods sake, take it down south where the land is flat and already developed !!!
Why are they not cracking down on track and trace every legal person I know is selling out the back door. They are taking such a harsh stance towards unpermitted farms but allowing the permitted farms to sell their product in the black market.
Damn ratty
What happened to, new grows must be on prime ag land and you can’t disturb the soil? Locals like me gave up due to such oppressive qualifications but some guy from Florida can do whatever now? What a mess.
I only know of a few farms that actually Plant in Prime soils onsite ,props to them . Most use potting soils ,truck it in and replace it semi annual. You just put in your report you will be using the prime native soil and then once approved…
I just wonder if you people really know anything about being a legal grower ? The place they want to put in McCann is going to bring all Local jobs !!!! No where does it say they will employ Out of the area people !!!! Just because a very wealthy man from out of the area owns the property, does that mean he can’t do whatever he wants with it ? Would you people be saying anything if he wants to put a horse stable in that trains race horse’s ? What about police training center ? Come on people!!!! Is this all you guys can do is complain?
I do work for a legal operation, and let me tell you , everything is ran by the books , metric system, taxes are paid in full , permits up to date !!! Just because a few bad apples ruin it for everyone, doesn’t mean shit …
Here goes the blame game folks … You the people voted marijuana legal & now you want to complain 🤔
The voters in humboldt wanted an acre cap. It’s a lie that you are telling that we voted for this. Anybody who keeps repeating the bullshit lie that we voted for this kinda shit is a dishonest lier or ignorantly misinformed and either way should do us the service of fucking off!
Humboldt County voters choose people who don’t give a damn about the environment but are all over chances to enrich themselves. So we are the least progressive of counties and the pot farms will just be fine when the next fire storm comes. Not to worry about climate change and the dangerous future that lies ahead of us. I will never understand why people keep re-electing incompetent representation with the expectation that policies will change and supervisors won’t be all about making more money for themselves.
No one in their right mind would run on a thorough going environmental agenda. The same people who get angry at environmental degradation also tend to get angry if they don’t have human services such as affordable housing, free medical care, utility subsidies, good public transportation, etc. Since leaving the environment natural means no one makes much consistent money out of it, the opportunities to get money to pay for those other demands is hard to come by, mean a constituency that is always angry over something. The result is what Humboldt Co has now- either outlaws here making making money and not paying enough taxes or people who made money elsewhere coming in to buy up what locals can’t afford.
Only government itself can leverage (ie extort) money sufficient to run a natural protected environment and they put their jobs mostly in areas where there are people working already, making money to pay taxes and with the population to vote officials into office. “The Environment” in terms of protected wild areas is a bog of conflicting policies and a money hole to boot. Wouldn’t it be nice if the State and Federal government put jobs, like call centers or agencies headquarters into the same area they took land out of production when they choose to preserve it? So that locals would not be too poor to protect themselves from predatory land use? But then that limits the number of voters in that area and good luck with getting attention from officials then. You can’t have your cake and eat it too.
I’ll take having a healthy environment over money any day. Have fun eating money Guest!
Tha same people who don’t care about the environment and put money over it also tend to be the people who are clueless about every other thing in the universe! The result is that they have their heads up their asses so often they spout nothing but worthless shit when they “comment.”
Is it common to allow permitted grows to cut down 23 trees? That seems excessive.
Are you kidding? There are permitted grows in south county that knocked down hundreds. Then instead of even milling them just pushed them aside to rot and burn. Had to get those greenhouses and multiple generator sheds up fast! Just check into that Dazey guy’s permitted mega-grow for one. Oh- he won’t let you…that’s private information between him and the guy who checks off the boxes
I wonder if the fine folks at HCGA will help to oppose this one as they did for the Arcata grow? or is this the kind of stuff they approve….? Nataline, what’s your position…?
Ford reasoned, “[CDFW is] raising concerns. We believe these concerns have been addressed…You can’t have proof of significant adverse impact because people, a lot of people, are opposed to a project, it has to be factually based.”
You mean like the windfarm project?
I wonder if John Ford understands that Dave Fisch can be sued for making a Professional Geological Statement used by an attorney without having the proper Professional License. I wonder if Dave is even aware of this. There is a reason why the CDFW has that requirement. This is a serious problem especially since groundwater in river deposits on the same plane are always connected.
The practice of geology or geophysics “for others” includes but is not limited to
the performance of geological or geophysical services by any individual, firm, partnership,
corporation or other association or by the employees or staff members thereof, whether or not the
principal business of such organization is the practice of geology or geophysics, when the
geological or geophysical reports, documents or exhibits constituting the practice of geology or
geophysics are disseminated or made available to the public or any individual or combination of
individuals other than the employees or staff of such organization in such a manner that the
public or said individual or combination of individuals may reasonably be expected to rely
thereon or be affected thereby.
One resident security guy to guard a million bucks worth of weed?
I wouldn’t want to be that guy.
Rich-ass Republicans have been passing laws and jailing freaks for 75 years, now they want to own the industry.
Fuck these assholes.
The industry is owned. Your desire to fornicate with those that own it, notwithstanding.
A suggestion, not a desire. And with a stick, perhaps.
Take a number I think John Ford is already busy cleaning their kitchens.
Rex Bone now has his personal “ mini -me” Michelle Bushnell on the board of supervisors, who will vote whatever way Bone tells her to. They both pushed this hideous industrial grow through.
So much for Bushnell claiming to be for the “small farmer”
what a liar.
In the end, Michelle will be sorry she put herself in this limelight but she just couldn’t help herself. Money and power, it’s too irresistible for her.
Skeletons, they’re real…
I just visited the sit location via google earth and have many concerns for the environment and this business. it’s too remote. the increased traffic will cause erosion. I would assume World Oil will be picking up the waste oil on a weekly basis and other waste services. how will they even get the grow dirt there? a grow should not be permitted here.
I appreciate that many good folks are worked up about this project, but remember that local approvals mean squat when trying to get through CEQA. Just look at the many thousands (literally) of local approvals across the state and then look at the numbers that have made it through CEQA and received annual licenses from the State (the ratio is barely above 10%)
I’ll bet a significant sum of money that without a full EIR, this will get a big old REJECTED stamped across it at the State annual level just like about 8 thousand others have. Will this Florida guy go full dollar down on an EIR? Can’t say.
Really? CalCannabis will not issue an annual license even if the MND is certified and passes the challenge? I kinda hope you’re wrong about that. If CalCann wants to exercise that level of discretion then why don’t they act as the lead agency? I can see them rejecting ministerial mendo permits for annuals, but this went through the CEQA process and should be honored by CalCann if so.
It is already hard enough to get your NOD for the annual license, but to have a responsible agency disagreeing – dang?!? I can see CDFW having some issues based on their comments, but they are so one-sided I don’t give them much credibility.
I will again point out the barely over 10% CEQA acceptance rate State wide in annual cultivation licenses – driven overwhelmingly by CEQA issues. I haven’t heard of another local agency other than Mendocino trying ministerial — most failures are not related to something that obviously stupid.
Though I’m sure it’s happened, I’ve yet to see a NoE, ND, nor MND sail through the State on the first try – not my own, nor those I consulted on. Every single one got rejected first round – some relatively minor, some fatally. (and none of mine has been in the mountains — all easy Ag land with existing Ag EIR in place).
According to the way CEQA is set up, the only time CalCann could legally be the lead agency would be if a municipality abdicates the permitting process altogether, then CEQA would require the State to become the lead agency.
// ” to have a responsible agency disagreeing – dang?!? “//
Here is how it was described to me by both government officials directly involved and by CEQA consultants with vast experience: because it’s a bitch to get through, local officials try to get through CEQA with the bare minimum that will avoid lawsuits. If they think no one will scream, they try to do a NoE or ND (NoE is preferred, because no public comment period is required). If there is enough resistance in view, they’ll require at least a MND and then it goes up from there.
In other words, it’s one big CYA. They don’t want to have fight lawsuits (like just happened).
The state can be sued as well as the locals, so they don’t just let whatever the locals do sail through – and the locals have for the most part dramatically underestimated what the State will accept.
I know people (more than 1 mega-grow) who have an approved county permit and a state permit who do not have water on their property. They get it all trucked in. Oh- they had a well dug and it kicks out some tiny amount…and then fudged that amount to get county permit. It never got checked by the state- just checked off like it was a well that provided water that feeds their 1100 pound greenhouse grow. Ha ha- so I’m not sure the state is really looking as hard as everybody says. Like that track-n-trace where everybody fudges numbers and sells on both white and black market while permit holders and government agents assure all that it’s “very serious” and “regulated”… I’ve seen enough to know there are various levels of bullshit being played out- by growers and by government employees alike.
1: State permits allow for water to be hauled in. You have to tell them where it comes from for approval.
2: the ‘barely over 10% State *annual* approval rate doesn’t lie. Someone is paying attention.
BTW Farce, don’t confuse my “Someone is paying attention” quip as a claim that government works like a charm — just that cannabis has been elevated up the latter of “we give a shit” to the point of obscenity.
As I’ve previously stated, I chalk this up to what I call “Paying for the sins of our fathers”.
I can’t wait to see the “ buried internal road evaluation for the project”.
All you haters, settle down. This is the most regulated agricultural activity in the country. This person could be growing grapes and using the same amount of water without basically any oversight. It’s okay for grapes, hops, echinacea, lavender, silviculture nurseries, dairy operations etc.. All principally permitted uses.
Apparently only cannabis triggers a concern from CDFW. How much water is wasted on the farms in the Eel River Valley when they are watering the fields during 30 mph winds. We all get sprayed on our way to the Ivanhoe.
You have someone willing to spend lots of money and make a significant investment in the community. Bet you could probably hide 8 acres of cannabis on a ranch this big without having to jump through all these hoops and endure the public scrutiny. He is trying to play by the rules. This kind of shit makes one wonder why anyone would want to go through the process.
People complain that this activity should not be in urban areas (Fortuna outskirts and now the Sun Valley project), than they complain it should not be in rural areas. Can’t have it both ways! Actually you can.
My opinion, play by the rules, embrace the industry. Humboldt County’s most prosperous economic times were during the green rush. Environmentally, we are in a much better position than we were five years ago. It’s heavily regulated nowadays. If we lose cannabis, it will be disastrous.
Actually, to put in a Vineyard these days, you must still go thru CEQA, from my understanding.. and now a days.. they have to have water storage for the frost protection.. Many people don’t put in Such small amounts of wine grapes because it would not be worth the efforts.. Hyper inflating and devaluation of the market with tons of wanna be false Humboldt hype weed isn’t really the answer either, and could also be “disastrous” Humboldt won’t “loose weed” if this project gets turned down.. that’s just hysterical..
The part of this permit I find most offensive is the fact that the planning department didn’t require any Housing for it’s employees because the employees would be provided by all of the abated properties in the area that they are planning to go after this year.
300 abatements last year 94% were in so hum.
The planning department has been directed to find a way to approve all projects because of their disastrous roll out of permitting and abatements in the beginning. They are trying to make up for the initial destruction of the economy and loss of tax revenue.
HCSPD Humboldt County Shitty Planning Department
Did the planning dept state in the MND the impacts to housing would be reduce or at a level of less than significant because of excess housing being the result of code enforcement/abatement?
I haven’t read the MND, but if so that’s messed up.
The Humboldt County Abatement Policy is referenced twice in the Rolling Meadow Ranch Project’s November 25th, 2020 version of the IS/MND, on p.188 under the ‘Greenhouse Gas Emissions’ section, and on p. 213 under ’Population and Housing’ :
https://ceqanet.opr.ca.gov/2020070339/3
The IS/MND, drafted by NRM Consulting and approved by County leadership, states:
”There are many people in the areas currently employed by illegal cannabis farms. As these illegal cannabis farms are shut down these employees will form the work pool for the legal farms such as this.” (p.188)
And: “Currently in the surrounding areas there are cannabis cultivation operations employing many people. As some of these cultivation areas disappear, the area should see a net loss in the number of people needing housing. In some cases, the illegal operations are eradicated by virtue of county action. In 2018, Humboldt County sent out 330 ‘Cease and Desist’ violations to county residents were suspected of growing illegally (Marijuana Business Daily, 2018). In November 2019, the county sent 470 letters to county residents that were suspected of growing cannabis illegally (Lincoln, 2019)…. To some extent, the project will replace this previously existing industry and the employees that were previously attending illegal cannabis gardens….” (p.213)
That’s the argument for the Project not inducing growth. The potential employees all already live in the area and will need work, because they’ve been abated. And they won’t have to commute that far, because they’re already here, so there won’t be very much emissions from their vehicles… but mileage to the site is computed from a Garberville starting point, so 22-30 employees would commute 2-5+ hours round trip, daily.
The County uses CDFW as a tool of enforcement of it’s Abatement Policy, but does not follow that agency’s requests/requirements for this Project… While the Project’s stated intent is to exploit and capitalize on the Abatement Policy for it’s potential pool of employees (sourced from abated, out-of-business local competitors) and in service of it’s argument that it will not be growth inducing. Is it customary to use the apparatus of County Government, California State Agencies, and Law Enforcement in service of the financial interests of a private individual?
Oh dear god, I am absolutely floored by this. Using abatements as mitigations is wrong on so many levels. As for CEQA there are definitely indirect impacts from abatement but this MND seems to just cherry pick benefits. Disgusting.
Thank you for the info. Not what I wanted to hear, but the truth is rarely what I want.
To run a business with no local trash company, restrooms , and other essential sevices. Are you guys high? .That road in parts barely accomodates a atv. Common sense would tell any ordinary official there are a lot of negative factors to this planned area. But then again in this county the community has no say! The mighty dollar overides any decision in any situation. were all in to dodging taxes and not being transparent whistleblowing for the irs would be a good lucrative career option if this green rush dont pan out !
What did you expect from Michelle bushnell as supervisor? she is in it to serve herself and her family “interests “ .
She has mega grows that are considered “existing “ (read black market illegal) that she is now seeking special permits for.
This Thursday 10am She will be seeking a special permit from zoning administrator,John Ford ,on her “Boot Leg” farm in Blocksburg (that was abated in 2018 according to staff report )
Her mega grow will be an ACRE + . Click on the attachments and read for yourself all of the hideous details she’s planning .
Boot Leg Farm, LLC, Special Permit
Record Number PLN-2019-16127
Assessor’s Parcel Number (APN) 217-256-008. Blocksburg Area
The applicant is seeking a Special Permit for 43,560 square feet of outdoor cultivation consisting of 20,000 square feet of outdoor cultivation utilizing light depravation techniques, and 23,560 square feet
of full-sun outdoor cultivation. Two harvests are anticipated annually for the light depravation cultivation area, and one harvest is anticipated annually for the full-sun outdoor cultivation area. The project will
be implemented in two phases. The first phase will include cultivating only the 23,560 square-foot full-sun outdoor cultivation area, with irrigation water sourced from an existing permitted groundwater well. The second phase will begin when the existing 600,000-gallon seasonal pond is permitted to be utilized for rainwater catchment or more water storage is obtained. During the second phase, all 43,560 square feet will be cultivated. The first phase of the project will require 110,000 gallons of water annually, which will increase to 220,000 gallons annually when the full 43,560 square feet is cultivated. There are 60,000 gallons of hard tank water storage proposed for the first phase of the project. Drying and curing will be conducted onsite in an ag-exempt structure. Further processing will occur off-site at
a licensed third-party processing facility. Power will be provided by a solar array, with battery storage. Five seasonal employees are anticipated for the project.
Recommendation:
Attachments:
Find that the Zoning Administrator has considered the Addendum to the Commercial Cannabis Land Use Ordinance (CCLUO) as described by Section�15164 of the State CEQA Guidelines, make all of the required findings for approval of the Special Permit and adopt the Resolution approving the Boot Leg Farm, LLC project as recommended by staff subject to the recommended conditions.
PLN-2019-16127 Staff Report 4.15.21.pdf
Attachment 3.a – 16127 Road Evaluation 10.26.2020.pdf
Attachment 3.b – 16127 Site Management Plan 10.26.2020.pdf
Attachment 3.c – 16127 Invasive Species Control and Management Plan 10.26.2020.pdf
The above comment should be its own local news story.
That is a fairly hefty project. But it’s still only an acre.. on how many acres is her ranch? And she and her family are long standing citizens of the county. Plus lots of water storage.. and solar.. 1 acre.. ONE!! On an existing farm that has probably been there for years.. You go Bushnell.. get some.. but why leave the entire rest of the county out to literally dry for the Rolling over Meadows project? If Rolling meadows had proposed 1 acre I personally wouldn’t have apposed.. BUT 8.. off the pavement? That just outlandish! And destructive. In now way is that a reasonable use for the environment it’s proposed.
here is yet another “existing “ mega grow on the many Michelle bushnell properties that are now seeking permits.
She has many grows like this , she has some of them registered in her friends names , like this one with Tiffany smith, but they all Belong to and are owned by Michelle bushnell.
Neighbors are particularly very upset over this particular grow , because this was the site of the grisly murder on her property in April 2014 , where a man was shot and killed , trailer set on fire and the body dumped by the community park. (NCJ 2014) Bushnell somehow kept her name out of the papers on that one.
COUNTY OF HUMBOLDT PLANNING AND BUILDING DEPARTMENT CURRENT PLANNING DIVISION
3015 H Street Eureka CA 95501 Phone: (707)445-7541 Fax: (707) 268-3792
October 15, 2020
Humboldt County Zoning Administrator Cliff Johnson, Supervising Planner
Chronic Creek, LLC, Special Permit
Record Number: PLN-2019-16103
Assessor’s Parcel Number: 222-231-012
Both sides of Connick Creek Road, approximately 550 feet southwest from the intersection of Connick Creek Road and Kadin Way, on the property known to be in the northeast quarter of the northwest quarter, and the northwest quarter of the northeast quarter of Section 26 of Township 04 South, Range 03 East, Humboldt Base & Meridian. Garberville area.
AGENDA ITEM TRANSMITTAL
Hearing Date Subject Contact
October 15, 2020 Special Permit Christopher Alberts
Project Description: A Special Permit for 22,000 square feet of mixed light cannabis cultivation. There is 3,500-square feet of existing mixed light cultivation and the applicant is proposing to expand the cultivation area by 18,500 square feet. There will be a maximum of three cultivation cycles annually. Cultivation activities extend from January to December. Water is sourced from three existing permitted wells. The anticipated maximum water usage is 178,600 gallons. During peak of operations a maximum of six employees will be on-site to assist with cultivation activities. Processing such as drying, curing, trimming and packaging is proposed to occur onsite inside of a 576-square-foot shop building and two proposed 1,800-square-foot barns. Power will be provided by solar until P. G. & E is developed on the subject parcel. Until P. G. & E. power is available, outdoor cultivation without the use of artificial lighting will occur.
Project Location: The project is located in Humboldt County, in the Garberville area, on both sides of Connick Creek Road, approximately 550 feet southwest from the intersection of Connick Creek Road and Kadin Way, on the property known to be in the northeast quarter of the northwest quarter, and the northwest quarter of the northeast quarter of Section 26 of Township 04 South, Range 03 East, Humboldt Base & Meridian.
Present Zoning: Agricultural Exclusive (AE), Minimum building site area is 160 acres (B-5(160)); Agricultural General (AG), Minimum building site area is 5 acres (B-5(5)).
Record Number: PLN-2019-16103 Assessor Parcel Number: 222-231-012
Applicant
Chronic Creek, LLC Tiffany Smith
PO Box 2018 Redway, CA 95560
Owner
David & Michelle Bushnell PO Box 126
Blocksburg, CA 95514
Agent
SL Consulting Services Inc. Steven Luu
973 Dowler Drive.
Eureka, CA 95501
And I thought “Legalization” was supposed to “prevent” that from happening. The BOS was SOO concerned about making a reasonable small cultivators license because of “sprawl”.. Yet it’s failed to prevent it, and is actually encouraging it.
8 acres is a ridiculous amount for the environment this project is in! This guy has a crap ton of money.. he could buy another property and farm weed till he is blue in the face elsewhere.. Why develop this one against the grain? The money he is spending on litigation and fighting against the grain may be better spent on finding a more suitable property. This is way different than someone who inhabits their property and has a small sq ft imprint. It has a drastically different impact.
Even Sun Valley has cut back on their Acres to a smaller scale.. Maybe 1 or 2 acres would be acceptable for the property that size.. MAX.
There should definitely be a limit on the size of projects on Dirt roads.. and off grid.. or like this project.. low grid..
I would say that a property owner should be allowed a reasonable use of their property.. but this amount is excessive for the environment it’s in..
The “jobs” it would create are minuscule compared to its impacts.. no way in hell is going to replace “jobs” for the displacement of Abatementees.. is that the plan? Abate all the surrounding small farmers and turn them into slaves..while giving away out our trade secrets?
Is there a go fund me for lawyer fees? I would like to donate!
Population reduction will end poverty and the need for endless fields of weed.
Got it?
I heard that currently litigation donations can be made to the Northcoast Environmental Center: https://www.yournec.org/
…specify that your donation is for this. I’m sure they would appreciate membership, as well.
Also, the other petitioner, Citizens for a Sustainable Humboldt, is in the process of setting up their fundraising apparatus via a go fund me account… to receive updates, and the link when it’s posted, get on the email list by signing the online petition, if you haven’t already: https://sign.moveon.org/petitions/opposition-to-rolling-meadow-ranch-cannabis-cultivation-proposal
Using abatements to support an new farm via CEQA is a complete abuse of the environmental regulations. This is turning things upside down and the people of Humboldt should be pissed. Good luck everyone!
It is! And many people are! 2000 signatures says so! Even NAPA county has sought exemptions with stipulations for small vineyards farmers.. Humboldt’s has taken no such acts.. and instead approves Superfund grow site in the woods ran by Scarface and Mofia inc.. associates.. what a disgrace!
https://sodacanyonroad.org/printarticle.php?p=973