Document km4zXv3mOqVGKOqyeLL2rq38E

Bill Case farms Inc, Bill H CBal Case 33010 DeverConiier.Df.,.N|.AIb.SDil.pR 97321 {phone) Personal Phone/Ex. 6 (fax) 341*928-8856 _ _ .v-fra 1. Tex. 6 - Personal Privacy To; Ryan Jackson . From: Bill Case Re: EPA July 25, 2017 . I have been trying to information to Doug Erickson in the EPA office in Seattle. I was told that you might be abie to get information to him. I received an email from two U.S. Congressmen who gave me an address for Scott Pruitt. I sent him a \vs letter and told him that I would also be sending it to Doug Erickson but I was unable to get an address for Mr. Erickson. I just received a letter that said that Kent Hansen may want to settle my case. This case has been going on since 2009. When Kent Hanson came to my farm to observe the area of the river that is in contention, I told him that I did not know why we were here since the US Army Corps of Engineers told us that we could do what we did. Bob Lobdell and Gloria Hirate were both with me at the time and heard Michelle Hansen from the Corps give the approval for the job. Michelle even came down while we were working and said that it looked okay. Now she wants to deny that she gave approval even though we have two witnesses who heard her and a photo that shows that she was there during the job. |.......... Ex. 6 - Personal Privacy | Thank you for getting this information to Doug Erickson. 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523_00004086-00001 Bill Case farms Inc, Mr. Scott Pruitt Office of the administrator 11Q1A Environmental Protection Agency 1200 Pennsylvania Avenue Washington DC 20460 June 17, 2017 33010 Dever-Conner.Dr1.M._Aife.'"ii, or 97321 {phene) IEx'6 -Personal Privacy I {faxJ_541r|8|lM_____ _ (email) fEx_ 6 . personal Privacy Dear Mr. Pruitt, I just received an email from two US Representatives. Representative Greg Walden and Representative Peter DeFazio suggested that i send this letter to you. Representative Greg Walden may have already sent you a copy, but he wanted to make sure that you received it. I have spent over $150,000 fighting the E.P.A. since 2009. During this time they have never come up with anything that will stop the erosion and the pollution of the Santiam River that is adjacent to our property. I have hired at least six river design engineers. Each of them have indicated that the E.P.A: is unreasonable and unrealistic in what they have proposed. The E.P.A. is saying to tear out ail existing dikes and rip rap and just let the river erode the property. If i follow the advice of the E.P.A,,! could lose 40 or 50 more acres of prime farm land. I have been working with the U.S. Department of Fish and Wildlife and they say that we have done is very beneficial to the fish population. I have enclosed some copies of letters from people who are knowledgeable about the river. I am also going to send a copy of this information to Mr. Erickson in Seattle who I beiieve is the Western Regional E.P.A. director. Piease call me ati personal phone/Ex. 6r you have any questions. Sincerely Bill Case __/-'I. , cda . R/P7 Production ED 001523_00004086-00002 May 3, 2017 V Bill Case firms Inc 11 . ............. ............ . o........... 'zmmsmwmmm 33010 OeverCotwe>Dr..MI..AlbBJBM,, OR 17321 |ph0ntSEx'6'PersM'Pri,'"cy,i (fax) 54i'.i2Miis .. email i! Ex. 6 - Personal Privacy To Whom it May Concern; . i recently received a letter from Kent Hanson from the ERA, Department of Justice regarding settlement negotiations. After reading it, i became very confused as to what they were trying to say. Also, only a small amount of the letter was the truth. First off Mark Buckiey who has a PHD was listed as the expert witness. He claimed that Biit Case Farms Inc. had an income of 1.6 million dollars in 2010 and over 1.5 million in 2015. The only thing he forgot to put in the report was the farming expenses incurred during those years. It looks as if we had only income and no expenses. 1 took this information to my accountant who! have used.forJ&.veaov^Wfi-m^^ thosejears.MusJfttS.whkii.Mj'-.-a^*---j \ Ex. 6 - Personal Privacy j id j _______________ ________--^-a-w-w-tnemicessam"'ralh'ahtf'the flooding of `me'fivef/we"are three weeks behind in planting both corn and beans. This is the worst planting season that i have seen in the past 40 years. Our markets are very dependent upon the timing of the crop and its arrival at the grocery store. . I am inclosing our accountant's report so that you can see what Mr. Buckley forgplto..D.ur-inliis-*:o.o^>*..-.. It shows ill ofJ0Ur.jSvnAn.c*-aMi.J*'1----a--*---- * ` Ex. 6 - Personal Privacy _______________ r-wwTMn*iTfwiing-nearthlfffgurerWe do have 8 'resTcfehces' but most of them are lived in by our farm workers and really need to be replaced. Two of them are mobile home which have no resale value. 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523_00004086-00003 Mr. Buckley calculated that the fine should be $800,000 to 1.4 million based on his income findings. As these findings are totally wrong, there is no way that we could pay this amount. In order to pay the fine we would have to liquidate assets and that would put us out of business. 'I The really unfair part of this fine is that we had approval from the US Corps of Engineers to do the work that prevents erosion without getting a permit, in the Mr. Buckley's report he stated that we worked below the ordinary high water mark and that we also trenched it down behind the river. He also claims that we sloped out of the river. Michelle Hanson knows what we did because she came back while we were working. She said that it looked alright to her. I have witnesses who saw her down at the river. Bob Lobdell from the Division of State Lands also came back while we were working to check on what we were doing. The only rip rap that got in the river was the rip rap that washed in during the flood of 2010. This flood washed all the footings away. I took a lot of pictures while we were working. I gave the pictures to several newspapers who published articles about the flooding. If I were doing something illegal, I surely would not have shared these pictures. I took the pictures so that I could show the Corps of Engineers and Division of State Lands what I was doing as they were the ones who told me what 1 could do and how I could do it. l.C. Lee also gave a report about the project. He came up with an estimate of rip rap and fill material which was not even close to the actual amount. He came up with 22,000 yards of rip rap. The actual amount was about 5$6&yards, I have expense receipts to prove this. The only fill we used was gravel and dirt that was orftne^roperty. We moved the dirt with a cat to make a road. This road was the one that was begun by the Army Corps of Engineers began in 1996. In the report Mr. Lee talks about the wetlands. There are not wetlands in this area. In the early 1990's, the Soil Conservation Services called and said that there was small area about V* acre of wetlands in corn field. They wanted to eliminate the wetlands in that area, so that is what they did. Then in 2012, the ERA came by and said that we were working in the wetlands. 1 told them that the Corps of Engineers used that exact same fill to replace a blown out dike in 1996. I gave the fill to the Corps at no cost and they used it to build part of the road that is mentioned in the report. I then went back to the Soil Conservation Services and the NRCS to get the federal wetlands maps in order to prove to the ERA that it was not a wetland. I sent the maps to the ERA to show that there were not wetlands. Their reply was that the maps are not always right. In this report Mr. Lee said that I caused permanent temporal imparts to wetlands, i am not sure what that means as there are not wetlands there. He continues to talk about all the wetland damage even though there are no wetlands there. ! In Mr. Lee's report his allegations of indirect impasts are totally false. 1 have no idea where he came up with this as it does^&make any sense. He talks about water storage but there is none. He has included a lot of my pictures in his report and he also makes false statements about them. He claims to be an expert but I am thinking it must be in some other area. The dike that we replaced in 2012 yvas put in by Harvey Mitchell in the 1950's. We replaced it because the Corps of Engineers said that permit was needed if I did it within one year. We replaced it in one years' time. The only time the water came in contact with the old dike was during floods, but in 2012 it washed out. There was no water imcontact with the dike when we replaced it. It was totally dry and it . . cn a rioo Production ED 001523_00004086-00004 stays dry all summer. The or.iy time water touches it is when the water it high. The other area that is down-stream where we replaced the wall along the field is also out of the water about 10 months of the year. i I do not understand why Mr. Lee wants us to remove the rip rap and let the river erode. It is working great and there are trees and brush that is growing between riprap which totally helps with erosion. They also are attractive for those who are recreational users of the river. The US Department of Fish and Wildlife had a letter for me to send to the EPA saying that everything looked good and there was not erosion or pollution of the river and that it had enhanced the salmon habitat in the river. However, when I went to get the letter, I was told that the EPA would not let them give it to me because it would hurt their case against me. Steve Smith from the Department of Fish and Wild Life said that he could not tell the truth because the EPA would not let him. The field that we protected by the'wall that Mr. Lee wants us to remove has a very dangerous chemical residual in it. The previous owner prew carrots. The chemicals used on carrots is very toxic for fish, it seems as if the clean water act would want to keep something like this out of the river as well as all the soil that erodes into the river. If we have to go to court, I have witnesses to testify to everything that I have said. We only have until May 16, 2017 to get something done. If you can help in any way to prevent our unfair fines, please contact Kent Hanson, US Department of Justice, PO Box 7611, Washington DC 20044, phone 206 639 5544 Sincerely Bill Case, President Bill Case Farms Inc. i-- r-> A a.n') Production ED_001523_00004086-0000 Way 1,2017 Bill Case 33010 Dever Conner Road Albany, OR 97321 RE: Bill Case Farms Valuation information Dear Bill, You have asked me to respond to the information presented in the April 14,2017 letter from Mark Buckley. He has presented information from your tax returns which is seemly misleading. While he accurately should your "Total Income" form you tax returns, he has decided to not list the Operating Expenses calling them discretionary expenses. Since when does Repairs, interest, taxes Employee Expenses and other operating expenses become "discretionary" as without the operating expenses you could not operate a business. The following Chart expands on Mr. Buckley's information and more accurately shows the income earned by the "Farm Operation" for "Bill Case Farms". All information is from the same source used by Mr. Buckley, The income tax returns for 2010 thru 2014 and for additional analysis I have added 2015. ' 2010 2011 2012 2013 2014 2015 BILL CASE FARMS, INC Ex. 6 - Personal Privacy OPERATING f i i Ex. 6 - Persona) Privacy i <% BILL CASE FARMS, INC i Ex. 6 - Personal Privacy In addition, I fail to see any certifications or professional licenses which lead to Mr. Buckly's ability to determine the value of the "Bill Case Farms, Inc" operations. As for my professional qualifications, I have been practicing as a CPA/Accountant for 39 years and have been working with the Case Farms entities for 24 years. If you have any questions or need any further information, please feel free to contact me at you Managing Owner, Koontz, Perdue, Blasquez & Co. PC, CPA's -* ; i--1--\ A. ED 001523_00004086-0000f uwiaiuiu m wuuicmuw run; 1. . Yitrl 12/32/2010 12/32/2011 12/31/2012 12/31/2013 12/31/2014 12/31/2015 12/31/2016 4/30/2017 .... Ex. 6 - Personal Privacy ~~$LZ, -jjUjwa.c O**-.^in^ 0*vi(P^rU*~ May 1 'Ml Q2;21p;n P001/001 (%p V** 7^f AS^^~*iif^L /q >6-pu43Hmp**3iAo.uU. ^ ig&_ _n^f)^> G-- W- J2-A^ ^T pZitfVf .&4s m- |/ jMfel /f*,.*il*L $mTit bjJ*f3* &? ' ^ - - ^QaJU! IkS^eHMAf s ItM, Ac ^u, P6~*& <R**- Personal Phone/Ex. 6 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00004086-00007 South Santiam Flood Control District 200 Calapooia Street 5W Albany, Oregon 97321 Endre Szalay, EPA Trade Nadeau, EPA June 23, 2012 Dear Trade and Endre We the undersigned are the board members of the South Santiam Flood Control District. We as a combined group have over 150 years of knowledge about the Santiam River. We either live beside or work along the river. We are writing this letter in support of Bill Case Farms Inc. and his efforts to stop erosion and pollution of the North Santiam River that is just south of Jefferson. Case Farms has spent countless hours and dollars to stop the erosion of his field that is on the North Santiam River. His efforts have completely stopped the pollution of the river. These efforts and the success of the efforts have been noted by other federal and state agencies. We also know for a fact that the EPA's proposal of removing the rock wall and replacing it with native vegetation is totally impractical. Before the flood of 2005 this whole area was solid native vegetation that was 100 to 150 years old. It ail washed away in less than two days. This is why we know that your proposal will not solve any problems. In fact it will create erosion and pollution of the North Santiam River 12 months of the year. This will really hurt the fish passage in the summer months. We as a board were under the impression that the purpose of the Clean Water Act was to keep the river clean and to not pollute the river year around. Also, as far as the few rocks that are at the water line In the summer that are supposedly warming the river, we do not understand how this can make any sense. The disputed area in the North Santiam is only 200 feet before the North Santiam dumps into the South Santiam, The South Santiam is much warmer than the North Santiam. The combined rivers make up the Santiam River. It has been noted by people looking and studying this site that approximately 400,000 yards of soil will erode into the river in a few years if the rock is removed. We do not think that this is a good thing. We as a board hope you will take these ideas into consideration. We do not think that what is now c ppa . fi/?2 Production ED 001523_00004086-00008