[00:00:00] Speaker A: Foreign.
[00:00:06] Speaker B: Welcome to the KMUD News. I'm your News Director April Lewis and I'm glad to be with you for this broadcast.
In this episode we have stories on a public meeting in Shelter Cove that went off the rails and on recent legal developments concerning Dutch Charlie Creek in Mendocino.
But first, some local alerts and updates. This is KMUD News.
Starting off in Lolita, there was a vehicle fire that spread to grass on Eel River Drive close to the intersection with Copenhagen road. This afternoon, August 26th, Cal Fire air attack was dispatched and dropped retardant in the area via an aircraft tanker. Eel River Drive was briefly closed in the area until the fire was contained.
Another great job by our local firefighters from the Humboldt Sheriff's Office in Hoopa.
On August 25th at approximately 8:17pm The Humboldt County Sheriff's Office Emergency Communications center received a 911 call reporting a shooting in the area of Big Hill Road and Marshall Lane in Hoopa. Deputies responded to the area and located a victim who had sustained a life threatening gunshot wound.
Emergency medical personnel arrived on scene and initiated life saving measures. However, the victim was pronounced deceased.
No suspect has been identified at this time. Witnesses in the area reported seeing a possible 2010 black Toyota Tacoma near the location at the time of the shooting.
The case is currently under investigation by the Humboldt County Sheriff's Office Major Crimes Division.
The victim's identity is being withheld pending notification of next of kin.
Next is news from Trinity County Trinity county has officially earned the State of California's coveted Pro Housing designation and secured state funding through the Pro Housing Incentive Program, also known as PIP.
The award is part of an $11.3 million state allocation announced by Governor Gavin Newsom and administered by the Californ Department of Housing and Community development to support 13 pro housing communities statewide. The Pro Housing Incentive Program recognizes local jurisdictions that go above and beyond to address housing affordability and homelessness by implementing bold, locally driven policies that cut red tape, lower construction costs and accelerate housing production.
Trinity county earned its first time Pro Housing designation as after enacting forward thinking housing and land use policies tailored to the region's needs.
The PIP funding will help scale up local housing solutions and community development activities across the county.
Local implementation and housing initiatives are coordinated through the Trinity County Community Development Department and the Trinity County Planning Division, which lead long range land use updates, housing element compliance and residential permit streamlining.
In addition to direct funding from PIP holding, the Pro Housing designation gives Trinity county priority scoring for future state housing infrastructure and park grant opportunities, ensuring long term funding advantages for local projects and up next, our main stories. This is KMUD News.
Tomorrow, August 27th will make or break the pending lawsuit between Friends of Dutch Charlie Creek and Redwood Timber Company K MUD News reports.
[00:04:04] Speaker C: We're one day away from Thursday's preliminary injunction hearing in Ukiah, a hearing that will determine whether Redwood Timber Company can continue work for the duration of its lawsuit with Friends of Dutch Charlie Creek and Cal Fire.
We spoke with Philip McGarvey of Friends of Dutch Charlie Creek, fisheries biologist Pat Higgins of the Eel River Valley Basin, and received a response from Cal Fire on the situation.
In July of 2026, Cal Fire approved two timber harvest plans, Hot Tuna and Lincoln Logs, allowing work to begin until Friends of Chutch Charlie Creek filed suit to stop it.
The group argues the work threatens the coldest tributary feeding the South Fork Eel river, home to one of the last major natural breeding grounds for coho salmon, a threatened species along the West Coast.
Cal Fire, on the other hand, argues the work will have no negative impact since it was approved by the California Department of Fish and Wildlife and says the project clearing timber and logging debris serves the public interest.
Notably, CDFW withdrew its support for a nearly identical plan in 2020 when it was proposed under the name Charlie Eagle. This time, the agency signed off without objection. Thursday's hearing will decide whether Redwood Timber company can keep working while the lawsuit continues, a decision made more urgent by how long the legal case could take compared to how quickly the logging itself could be finished. Last Monday, a temporary stay was put in place, a halt order stopping work until the preliminary injunction hearing decides whether that halt continues while the lawsuit proceeds. In recent reporting, it emerged that hauling and yarding continued after that stay took effect.
Here's Philip McGarvey, who brought some clarity to what happened.
[00:06:01] Speaker D: Basically, the order was vague.
It said timber operations needed to halt, but it allowed an exception for protective actions to protect water quality and other resources.
And so what it looks like is the timber company had cut a whole ton of trees before the order was given and then continued to drag those trees out after the order to stop operations.
And they're saying that that was a protective action to protect water quality and other resources.
We didn't do anything about it too close to the preliminary injunction hearing. We couldn't get something to the appeal court to ask them to clarify that order. I mean, we feel pretty clear that, like doing more harm than good to continue to try to drag logs out because the dragging and hauling of logs is a big part of the damage this caused. And the argument on the Other side will be that it's a fire hazard to leave trees on the ground there. And. And we have evidence from our Chad Hanson, who's a fire ecologist, saying that it's really not a fire hazard to leave logs on the ground. You know, logs end up. I mean, they start out with a ton of moisture when they're freshly cut, and then as they rot, they soak up more moisture from the ground, and in the long term, they keep the forest moister and healthier. And Cal Fire did say that they would try to talk to the timber company and ask them to wait on hauling logs out until the court could clarify this, but they never followed up after that.
[00:07:35] Speaker C: McGarvey also pointed out that these harvest plans don't require the removal of leftover slash, which is brush and debris also left behind after logging, which he says undercuts the fire hazard argument for hauling out the logs themselves.
When asked about the importance of tomorrow's hearing, McGarvey explained what's at stake for the lawsuit as a whole.
[00:07:58] Speaker D: We're asking for a preliminary injunction, which means we're asking them to halt timber operations under these plans until the lawsuit can be decided on the merits, which, you know, could take a few months after this. And if they decide no, the operations can continue then.
By the time the lawsuit gets to a hearing on the merits of the lawsuit, the timber harvest plans will already be done and all the logging will be done. So the case will be moved by then, which means they would drop the case. We kind of need this or else it's over.
[00:08:30] Speaker C: In that sense, I also asked McGarvey whether Thursday's ruling might finally clarify the, quote, protective action, end quote, loophole that allowed hauling to continue after last week's stay. He explained that his organization has formally requested that clarification in their court brief, asking the court to define exactly what qualifies as a, quote, protective action, end quote.
Since without that definition, he argues, a timber company could claim almost any activity under a harvest plan, including building roads, cutting trees, and even using herbicides. In our own research into this case, we also found reference to something called the Communication Protocol for Outstanding species concerns, a 2021 agreement between CDFW and Cal Fire for resolving species related issues during project review.
When we asked McGarvey about it, he told us he wasn't familiar with the protocol. We put the question directly to Cal Fire.
Cal Fire told us it couldn't comment on matters involving active litigation, but offered this general information.
The agency says it's the lead authority responsible for reviewing and approving timber harvest plans, ensuring proposed projects comply with applicable laws and environmental protections.
On CDFW's role, Cal Fire says the two agencies work collaboratively.
CDFW evaluates potential impacts to fish, wildlife and habitat and their input factors into Cal Fire's decision, though Cal Fire remains the final approving authority. Cal Fire also confirmed the communication protocol for outstanding species concerns exists, describing it as a framework meant to help the two agencies coordinate on species related issues, though they didn't address what role, if any, it played in this particular case.
We also reached out to CDFW directly. They told us they couldn't comment, citing pending litigation. While Philip McGarvey laid out the legal stakes, we also spoke with fisheries biologist and Managing director of the Eel River Recovery Project Pat Higgins, who gave us a deeper look at what's actually at risk in the creek itself.
[00:10:38] Speaker A: That's Charlie as part of the Upper South Fork Eel river metapopulation of coho, several thousand fish annually and that's rare in northwestern California and southern Oregon because of the pervasive destructive logging in the western watersheds and the desiccation of coho tributaries that are impacted by agriculture in the interior. And that goes for southwest Oregon and northwestern California all the way from the Elk river in Port Orford down to Them Atoll. So the South Fork Eel river is a pretty rare system geographically in the region and the Eel river watershed is 3,600 square miles and in about half of it coho have disappeared. You want to get those coho back, you need to protect the Upper South Fork. That's why I'm so concerned about industrial logging coming back to the Dutch Charlie Creek watershed in the Upper South Fork when it's currently a center of production for coho and if logged would become another sediment production tributary, which is would be really unwise and also have significant and deleterious impact on the coho population of the Upper South Fork.
[00:12:05] Speaker C: Higgins says that this risk isn't just biological, it's geological. The ground beneath this watershed, he explained, is part of what makes logging here especially dangerous.
[00:12:17] Speaker A: So if you start to tractor log on areas recognized by geologists as inherently unstable and they're immediately above the creek and then it rains 135 inches like Angelo, which is immediately proximate, measured back in 1983, then you will get torrents of sediment. You will have Dutch Charlie Creek will turn into like a slurry of oatmeal.
[00:12:43] Speaker C: For Higgins, the stakes extend beyond Dutch Charlie Creek itself.
[00:12:48] Speaker A: If you want to get coho back in Ten Mile Creek well, you better save them in Dutch Charlie and in the Upper South Fork.
So from a coho salmon perspective, and I've studied this question now, what is it? 40 years?
This is really critical.
[00:13:08] Speaker C: And he points to the specific timber harvest plans at the center of this case as proof of that risk.
[00:13:15] Speaker A: Dutch Charlie Lincoln logs and hot tuna thps they're taking logs off of landslides that when the roots of the trees rot out, the slope will slide.
And then that tree on a landslide with great subduction, earthquakes and floods, that tree is going to end up in Dutch Charlie. Except now we're going to get mud and no wood. And so it throws the equation completely out of whack.
So it's, it's indefensible from a logical, scientific and from our perspective, legal angle. But that's being tested in the courts and so I hope we prevail.
[00:14:02] Speaker C: The dispute now heads to Mendocino County Superior court tomorrow, Thursday, August 27th at 2pm on where a judge will decide whether logging remains halted while the lawsuit proceeds. Both McGarvey and Higgins are hopeful that community members will attend the hearing in person at the Ukiah Courthouse, Courtroom H to support the cause.
[00:14:24] Speaker D: So the hearing is going to be Thursday, this Thursday at 2pm in Courtroom H at the Ukiah Courthouse and all the information about that you can
[email protected] as well as plenty more information about this whole effort and situation. We would appreciate if as many people as possible come to the courtroom to witness this. We're also having an information gathering in Ukiah at the Mendocino Environmental center, which is right across the street from the courthouse, which is Wednesday night, August 26th at 7:00pm and so all are welcome to that as well.
[00:14:58] Speaker C: If you can't make it down to Ukiah this evening to join them in person for the meeting at 7pm they welcome you to join via Zoom at that time.
The link is on their website. SaveTheCojo.org reporting with KMUD News, this is Bridget Carstensen.
[00:15:21] Speaker B: The Shelter Cove public study session on law and code enforcement went off the rails. KMAUD News reports today's Aug. 26 Shelter Cove Resort Improvement District study session went completely off the rails.
The meeting was intended to discuss public concerns about code and law enforcement in the Shelter Cove area.
The originally planned 90 minute meeting lasted almost two and a half hours.
The speaker panel consisted of 2nd District Humboldt County Supervisor Michelle Bushnell, Sheriff William Honsel, Planning and Building Director John Ford, along with California Highway Patrol Lt. Gabriel Parker, who was recently posted to their station In Garberville. As previously reported on KMUD News, Shelter Cove has ongoing issues with public safety and code violations, especially concerning a few residents who bear the brunt of consistent complaints.
Many residents of Shelter Cove feel that response from the sheriff's department is. And county code enforcement has been consistently lacking for years.
We'll start with parts of opening statements from Sheriff Hansell, John Ford, and Michelle Bushnell. Michelle Bushnell pleaded with the audience in advance to be respectful with their questions and comments.
[00:16:47] Speaker E: I'm going to ask you to always be respectful. I know you want answers.
They need to hear the question. You need to allow them to answer and to know that solutions are coming. You know, it's not going to be today, but a pathway. So we really want to be respectful of the folks that are here.
[00:17:04] Speaker B: Sheriff Honsel stated his intention to work directly with the Shelter Cove community here.
[00:17:10] Speaker F: Also to be realistic about what we can actually do. And it doesn't mean that there's not problems here. We want to be there to help you solve them. We want to be there to offer some ideas, but also work with you, because that's what our number one goal here is, to work with this community to make sure that you all feel safe and that you all feel heard when there is a need for public safety to come there and address an issue.
[00:17:36] Speaker B: John Ford emphasized that he is open to direct contact from Shelter Cove residents.
[00:17:42] Speaker F: My name is Sean Ford. I'm the director of planning and building.
Planning and building also does include code enforcement, sometimes on derogatorily called the director of code enforcement.
But we get to do all those things. And so if you have concerns about what's happening or not happening on a piece of property, you can't get answers.
[00:18:06] Speaker E: I am.
[00:18:06] Speaker F: My door is open. My door is open to staff. My door is open to the public.
[00:18:11] Speaker B: However, the meeting was later interrupted by Christine Rose, the notorious Shelter Cove resident, who reportedly ripped out a resident's hair and fired gunshots outside of another's home. Michelle Bushnell attempted to play peacemaker and maintain order, while Christine Rose attempted to pass out materials to the audience.
I'm out of here.
[00:18:35] Speaker E: Stop.
Christina, I'm going to ask you not to pass that stuff out because this meeting is not about you.
We're not doing this. We're going to allow these folks to answer questions.
Okay. I'm going to ask you to take a seat. Thank you.
Okay. We're gonna. This is going to be. Controller. We're not going to have this meeting. I'm sorry it has to be that way, though.
[00:19:08] Speaker B: On the issue of Christine Rose, Sheriff Hansell explained that hearing a gunshot alone was not enough evidence to merit follow up from the sheriff's office. He also explained that while a deputy had been posted to Shelter Cove, that situation was unique and that the sheriff's department lacks the budget for a permanent posting in the area.
[00:19:31] Speaker F: So I reviewed the report and what I understand is that a gunshot was heard.
The gunshot, no one saw anything, but they heard a gunshot.
And just hearing a gunshot without any evidence to say where that gunshot came from, you know, we can't act on that. I want to say something.
[00:19:54] Speaker E: Wait, wait, wait.
[00:19:56] Speaker F: This is very. It's very important because, you know, we have to ask.
Very important, but we also have to act on evidence. Right?
Tom was great.
[00:20:09] Speaker E: Right.
[00:20:09] Speaker F: Tom was a very special individual that agreed to come here for this resident deputy position.
You know, unfortunately, our staffing level does not provide an opportunity to have a resident deputy located here in Shelter Cove.
We don't have the calls for service here. We don't have the, you know, the ability to put a resident deputy here.
[00:20:31] Speaker B: Mary Jo Abey, the resident who allegedly had her hair pulled out by Christine Rose, then stated that Christine did not belong in the area, which led to a hubbub followed by Christine Rose accusing many in attendance of being criminals. Michelle Bushnell continued attempts to maintain order.
[00:20:52] Speaker E: But you know what? We are all tired of being hassled by some who shouldn't be there and they won't do anything about her. But they come to us because we own a home and they know where we live.
That's not right.
Hold on, hold on, hold on, hold on, you guys. I'm sorry, everybody. Wait, wait, wait.
Stop, please. We cannot accomplish anything doing this.
Christine, you have three minutes.
Okay? I'm Christine Rose. I'm the one everybody's talking about.
They're lying about me.
I want you to address the sheriff or coding horses. Be quiet, please.
You've got three minutes. Again, do you have a question for them? I just want to say that the sheriff's office doing a stand up job out here, these people are spoiled and they just want everybody to come out at every little whimper. These people here are a bunch of criminals and I'm going to prove it. Yeah.
[00:21:50] Speaker B: And at this point, the Shelter Cove meeting on public safety and code enforcement started to become more of an arguing session. Later in the meeting, Christine Rose accused a resident in attendance of starting a wildfire.
[00:22:06] Speaker E: Now on, they started the June 18, 2024 loot cedar fire. It wasn't an arsonist. It was this thing. There were three of us witnesses. We smelled their target
[00:22:17] Speaker D: of fire.
[00:22:18] Speaker E: Hello. That's an accusation pointed.
I didn't even know it was good.
[00:22:39] Speaker B: The meeting was out of control and we had to cut most of the arguing out of this story as including all of the screaming matches could have easily been our entire 30 minute newscast.
some point there was a physical altercation and Sheriff Honsel got involved to remove Christine Rose from the meeting.
Supervisor Bushnell exclaimed that she was sweating bullets.
[00:23:06] Speaker E: Now we don't have the sheriff because he's going to deal with the situation that just happened finally. And I know you guys are frustrated, but there is. I have to do a process. So does.
And I. I feel it. I'm sweating bullets right now, you guys.
[00:23:23] Speaker B: Even after Christine Rose was removed from the meeting, many Shelter Cove residents were still heated and insulted. The speaker panel directly.
[00:23:34] Speaker F: They're full of.
[00:23:44] Speaker B: After over two hours of chaos, Shelter Cove Resort Improvement District board members finally got to ask questions and make their own comments. Tessia Bouchain, board vice president, stated that Shelter Cove has received little outside support and relayed concern that the current situation with a lack of law and code enforcement could get worse.
[00:24:08] Speaker E: It is getting to the point where for years the community has been left kind of to our own having to protect ourselves and it is getting to that point where something bad is going to happen and that's why we're having this meeting today.
[00:24:24] Speaker B: Shelter Cove board member Wes Bonheim was more pointed in his comments towards John Ford and Sheriff Hansel, citing his own experience working within larger government organizations.
[00:24:37] Speaker F: It's very disingenuous to sit here and hear that, you know, from you, Sheriff and Mr. Ford, that I wasn't aware that this was an issue when we have our public who has been reporting it to your department, as the head of the department. I think the expectation is, of course, excuse me, you're not going to know every little that happens in your department. You're not going to know at all times where all your deputies are. I don't think that's the expectation. The expectation is that your organization functions in such a way so that it can fix it and that if things need to be escalated because they haven't been, then that would then show up on your desk. I mean, I was in the military and I worked for the federal government. Like I understand these larger organizations and how that works.
[00:25:17] Speaker B: Today's Shelter Cove Resort Improvement District public study session concerning law and code enforcement was messy and unlikely to quickly resolve current issues. But speakers present representing the government of Humboldt county now assuredly feel the real frustration in the area.
Reporting for kmud, I'm April Lewis.
That's all for our news broadcast. Thanks for listening. Thanks to our rotation of broadcast engineers Dennis Marr, Katie Phillips, Bianna Federico, Michael MacAskill, Larry Lashley and Javier Rodriguez.
Also thanks to our assistant director, Bridget Carstensen, KMUD News is now on streaming platforms including Apple Podcasts and Spotify. You can download our stories and newscasts for offline listening. You can also follow us on social mediamudnews, including Facebook and Instagram.
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I'm April Lewis. Stay tuned.
[00:27:08] Speaker D: In.
