Open Letter: DEMAND LETTER & ACTIONS THAT ENHANCE WILDFIRE DANGERS TO CITIZENS

Mr. Bransom & Mr. Coffman:

This issue regarding our livestock (horses) and the sediment/revegetation related issues arises ONLY because you (KRRC) and Mark Coffman (RES) failed to stay on plan and perform the work as promised to the County and to local residents, namely, the timely (2023) fencing and provision of alternative water for wildlife and livestock. 

You failed to implement fencing and alternative water in a timely manner in 2023, and that also resulted in the excessive, unnecessary and preventable loss of wildlife, arguably in violation of your takings permit. 

Now that your so-called revegetation project is going poorly, as forecast by the Siskiyou County Agricultural Commissioner James Smith, you are struggling for reasons and excuses for your minions on social and media outlets who see the failed revegatation with their own eyes, just like all the dead native fish down river. This scapegoating is your standard operating procedure as you suffer successive failures that fly in the face of your propaganda.

“Going As Planned” ?  Not so much! There’s a lot to say just about that in this Siskiyou News article: https://www.siskiyou.news/2024/07/09/is-the-klamath-dam-removal-going-as-planned/

The ONLY reason the revegetation project is going so poorly is a function of multiple factors, which have obfuscated:
According to the Siskiyou County Agricultural Commissioner, the revegetation plan has been heavily impacted by these factors: 

First-off, you failed to timely fence the areas around the sediment plantings, added to which:
a. Aerial distribution of seeds has a known poor rate of germination, as stated by Agricultural Commissioner James Smith during a Siskiyou County Board of Supervisors meeting.
b. The soils are 79% clay and are alkaline.
c. Drought
d. Recent days-long heat wave in the range of 110-degrees to 115-degrees Fahrenheit
e. Herbivory by birds, rabbits, deer, elk, heavy grasshopper infestation
f. And finally horses legally browsing the legal Open Range on their way to the only water sources, the Klamath River and creeks that are still flowing within the footprint of the lakebed. 

In Siskiyou County, all landowners who do not want livestock or other large herbivores on their lands have a legal duty and bear all costs to fence them out. That is the law in Siskiyou County, which is an Open Range county.

May I remind you: You are a private nonprofit company who owns the land that is part of the ‘Open Range’ since it is not legally fenced. You are not the State of CA, nor are you the Federal Government.
On the wildfire danger posed by your contractor (RES):I have indisputable testimony from a supervisor at McMillian that the fencing-crew operation was “Shut Down, and made to get fire training and proper equipment”. So here again, we see the trademark Mark Bransom spin-job in your email to me and those copied hereto.
Your contracted fencing crew was posing an exigent and serious risk for wildfire in our already battered community, more of your serial carelessness for the health, safety and welfare of our community. 
And now you are preparing a small heliport at Camp Creek that will support hundreds of low-level helicopter flights (moving logs) over the polluted clay dust! It’s a FACT that the polluted clay dust will become airborne, posing a serious health hazard to our already disadvantaged community, primarily senior citizens who are the most vulnerable to the dust and bio-accumulative contaminates in that dust. 
NOTE: I photographed the clay dust cloud that was raised by a single pass-over the clay sediments by a CALFIRE helicopter. That toxic cloud went over the homes at Iron Gate Estates 1&2.

Moreover, the dry-hydrant at the boat ramp at Iron Gate still has it’s intake above the water! (was reported with Images in this Article on July 9th!, four weeks ago)  So fire tenders (tankers) cannot draft water, posing yet another fail that could cause property damage and loss of life. I made a video of that today (August 6th… and sent it to my editor/publisher.) 

1. Since you have rejected our reasonable offer of compromise and settlement of our claim for the loss of our livestock (our baby horse killed) in the amount of $12,000.00, we will be serving you and bringing our claim into our local small claims court.  

In order to offer you a courtesy of not being Served in public (potentially on camera), please provide an address and person authorized to accept legal service on behalf of yourself as the CEO of KRRC and for Dave Coffman of RES.

2. I must disagree with your assessment of your claim that you are somehow exempt and above the law of our County and State.  Our laws are in place for a reason. And one of those reasons is to protect private property. 

At least and until your lands are ‘legally’ fenced with a statutory fence, those lands remain ‘Open Range’ and are legally access by any and all livestock, including our privately owned horses. 

Furthermore, how we manage our Heritage Herd of Horses is not up to you. That is between the Siskiyou County Ag Commissioner and our Non-Profit. And the Ag Commissioner and our Org have a management plan in place regarding our Cultural Heritage Herd of horses, and that program is currently in process.

Furthermore, if we determine that at anytime, any of our livestock (horses) are in need of our assistance, rescue, care or safety inspection, we are legally authorized and duty-bound to cross any Open Range to manage our livestock in their best interests.  

Frankly, we have serious concerns about your failure to fence the sediment beds which are contaminated with numerous bio-accumulative toxins (according to CDM Smith) that are being taken-up into the plants that are now being consumed by wildlife as well as our horses. 

Our horses wouldn’t be in the sediment beds IF YOU had performed as promised. As you know, you have been formally criticized by the County’s attorney Nossaman through their April 2024 Letter to FERC in this very regard.  You sir have a real economy with the truth! (SEE HEREIN BELOW)

You may not harass, roundup or haze our livestock (horses) or make any attempt to move them off the Open Range (your land), assuming it becomes legally fenced per statutes until you consult with us, and we agree on the proper method to draw the horses off your land.  

It would certainly be MUCH EASIER if you had also provided the ALTERNATIVE WATER so that the wildlife and horses wouldn’t continue to be drawn into the water sources within the footprint of the lake bottoms.  (SEE THE REFERENCES HEREIN BELOW)

If you wish to exclude our livestock from the Open Range (your land) when/if it becomes legally fenced, then you must consult and cooperate with us, the owners of the horses, as to how we feel moving them off the lands would be acceptable and safe for our livestock. 

If you choose to ‘do as you wish’, which has been your modus operandi since you’ve entered our County and Communities, (your downfall with all locals including the County) then ANY animals that go missing, injured or killed via your actions will be prosecutable under Criminal Law (including but not limited to those below) as FELONY charges, and we’ll also seek civil damages.
a. California Penal Code [CPC] §597(a) – Animal Cruelty – Penal Code §597(a) makes it a crime to intentionally maim, mutilate, torture, wound, or kill a living animal. Violation of CPC §597(a) can result in three years in a state prison, a fine of up to $20,000, or both a prison term and a fine.b. Section 487a – Felonious stealing or transporting carcass(a) Every person who feloniously steals, takes, carries, leads, or drives away any horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig, which is the personal property of another, or who fraudulently appropriates that same property which has been entrusted to him or her, or who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of that same property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of that same property, is guilty of grand theft.(b) Every person who shall feloniously steal, take, transport or carry the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack or jenny, which is the personal property of another, or who shall fraudulently appropriate such property which has been entrusted to him or her, is guilty of grand theft.(c) Every person who shall feloniously steal, take, transport, or carry any portion of the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack, or jenny, which has been killed without the consent of the owner thereof, is guilty of grand theft.

You would do well by cooperating and collaborating in good faith with us, our community and our elected County Officials.

Sincerely, William Simpson, Executive Director, Wild Horse Fire BrigadeCapt. William E. Simpson II – USMM Ret.
Founder – Exec. Director – Wild Horse Fire Brigade
Ethologist – Author – Conservationist 
Wild Horse Ranch
P.O. Bx. 202 – Yreka, CA 96097
Phone: 858. 212-5762Wild Horse Fire Brigade (https://www.wildhorsefirebrigade.org/)

REFERENCES:
listed in open letter on SISKIYOU.NEWS

Mr. Simpson:

This is in response to your July 19, 2024 demand letter. 

We comply with requirements of the license surrender order, as well as the management plans, approved by the Federal Energy Regulatory Commission (FERC).  Under those approvals, we have certain flexibility in the exact location and timing of fencing based on field conditions. We report to FERC and other regulators on a weekly basis about this and all other aspects of our construction work.

We also comply with open range law.  We do that as good neighbor, as the law is not applicable to our project, which is fully regulated by FERC under the Federal Power Act.  In any event, open range law does not require a landowner to fence their lands, or not fence their lands, on the demand of a neighbor.  We also do not have a duty to provide water or food for horses that you claim to own.

If you claim to own the herd of horses, we note that you are responsible to comply with equine laws related to gelding of stallions, care of colts, and other applicable requirements for their safety, welfare, and identification.  For your awareness, fence construction is currently scheduled for completion in September or October 2024, although that date may change based on field conditions. Upon fence completion, the herd will not be able to access our lands. 

You make various claims about our compliance with fire safety requirements on or about July 17, 2024.  We complied then, and continued to comply, with all such requirements. Safety for the public and our workers is our highest priority.  We routinely report to CalFire and other regulators, and our equipment and procedures have been inspected and audited. 

In summary, we take claims related to fire safety seriously, we are in compliance with all applicable laws, and we will continue to construct fences on our property and assess fencing needs on an ongoing basis.   That said, we reject your demand for $12,000 payable to the Wild Horse Brigade, yourself, and Michelle Gough.  For the avoidance of doubt, you are not authorized to trespass on our lands or interfere with our work crews. 

Mark Bransom

Mark Bransom
Chief Executive Officer
Klamath River Renewal Corporation
530.408.9933 (mobile)
[email protected]

July 19, 2024

VIA EMAIL & U.S. CERTIFIED MAIL – RETURN RECEIPT  #7022-0410-0000-4011-0862

Dear Mr. Coffman – Mr. Bransom:

This Letter serves two purposes:

1. Demand Letter; Demand is hereby made for immediate restitution for the damages (economic, punitive and emotional) caused by your failure to timely erect a proper fence per your own Plan, and per Siskiyou County’s ‘Open Range’ policies and provide alternative water for livestock and wildlife, which has resulted in the horrific death of one of our dear baby horses.  

NOTE: As you know, Siskiyou County’s lawyers (Nossaman) have on April 18, 2024, weighed-in on the fencing and alternative water issue with the Federal Energy Regulatory Commission (‘FERC’) via their Letter: https://www.co.siskiyou.ca.us/sites/default/files/fileattachments/natural_resources/page/30841/2024-04-18_siskiyou_county_comment_letter_to_ferc_re_lower_klamath_project.pdf

We hereby demand for immediate payment of $12,000.00 payable to, ‘Wild Horse Fire Brigade, William Simpson and Michelle Gough’ for the horrible death of our baby horse.

Failure to timely make the requested payment within 30-days from service of this Letter by the USPS will result in our filing claims against all responsible, liable parties connected to the loss of our horse and may include you  (Mr. Coffman) personally since you promised me in person you were going to erect the fence last year (2023), as well as Klamath River Renewal Corporation, and any other liable-responsible parties. 

This article and photos provide some of the details of our loss:  

More Needless Tragedy Related To Klamath Dam Removal

2. Tempting A Fire Start:  We have spoken with Jack Sweet (CALFIRE) who interviewed your fence construction people after we found them running heavy equipment at 3:00 PM on a hill with a breeze in the dense dead-dry buck brush with understory dry grass (aka: ‘flashy fuels’) on Copco Road at approximately Mile Post 14. 

When CALFIRE arrived, the men could not present any form of business cards or any permit(s) for the work being undertaken. These fencing contractors are working for RES and KRRC as we understand it. We are also aware that CALFIRE (and the USFS) have requested that local farmers and ranchers not engage in field work (discing or swathing) after 10:00 AM.  According to CALFIRE Prevention Officer Brian Black, as well as Jack Sweet, neither men are aware of RES having any permit(s) at this time for the fencing project during fire season and red flag days. He did state that last year he thought RES had an LE-5 permit.  

Additionally, we see you have planned and are building an ELECTRIC FENCE for many miles along the grassy and brush filled areas along Copco Road. 

You should be aware that electric fences in this kind of dense brushy landscape are known to trigger the ignition of wildfires, similar to PGE power lines when they fail. We assume you will be providing all citizens in the area with some form of meaningful insurance coverage for this reckless and dangerous decision?

Heavy Equipment Operations Tempting Wildfire Ignition:

At approximately 3:00 PM on Wednesday July 17, 2024 we saw men operating heavy equipment (a large skid-steer with a hydraulic steel post-pounder driving steel posts on the top of a 75-foot tall hill covered with dense dead-dry buck brush surrounded with an understory of dry grass 1-2 feet tall.  This environment was filmed and also happens to be the habitat for our local endangered kangaroo rats, quail and other small animals, 

The outside temperature at that point was 99-degrees F and there was a breeze coming out of the southwest blowing at 6-7 mph according to the U.S. Weather Service.  These dry hot windy conditions are ideal for a quick flare-up of a grass and brush fire that would almost immediately exceed the suppression capacity of a 5-gallon hand pump sprayer and shovel. And given the height of the hill, the embers would have immediately blown across the street to the north side of Copco Road and to our lands.  I have already suffered the impacts of catastrophic wildfire and the death of my wife from that event. Like my neighbors, I am not inclined to accept any unreasonable risk from such careless events, just because people from outside our community are ‘just doing their jobs’, while the local community pays a heavy burden, including financially, due to the ongoing extreme wear and tear on our personal vehicles.

As I surveyed the scene from our road at the junction of Copco road, we began filming and recording what we observed, believing there was a significant risk of a fire start that would impact our safety and the security of our lands and livestock. 

There was a grey pickup truck with a trailer mounted water tank that had a hose reel with 1″ hose that was maybe 75-feet long.  Having logged in areas requiring compliance with USFS fire regulations, our water trucks required certified and tested pumps, gas engines and pressure tested hose lengths adequate to reach an accidental fire.  The truck and trailer I documented photographically with equipment would be extremely hard pressed to service any fire outbreak on the hill where the heavy equipment operations were underway, which was on ground that could not be transversed with the truck pulling a water trailer, assuming the pump and hose could even deliver water at pressure.

At no time during my observations (or those of my partner-researcher) or during discussions with the 5-men working, did we see any 5-gallon water sprayer or shovel on the job or being removed from the job site when they left in a big hurry after hearing I called CALFIRE.  Moreover, to be fair, I walked up the hill filming, which was littered with freshly sheared and cracked rocks from the skid steer. I was filming in the hope I would see a water-sprayer on site. There was none.

Initially, we asked the men to speak with a supervisor and one man came down the hill shaking his head. The man, who eventually gave us his name (Jose Munoz) seemed irritated and upset that I asked the men to stop working (at this point is was about 3:15 PM). We asked whose project this was so we could then call the appropriate supervisors. They all declined to give us any information as to who they were, or who they worked for, which provided us with no information to make a phone to the appropriate supervisors in regard to addressing our very serious concerns about the potential for a fire ignition that likely could not be controlled. Please keep in mind I have experience with wildfires.

Given we were offered no option to reach out to any other supervisors, we proceed to explain our worries and cause for concern to the men on site. We later learned the construction was overseen by a substitute safety officer from McMillian, Mr. Jose Munoz, who finally (after 15-minutes) indicated he was a safety officer for McMillian, and that he was only there because he was looking for the missing safety officer for RES, who was supposed to be at the site, and who he had been trying to reach by phone unsuccessfully.

We indicated to the men if they didn’t tell us who they were working for, we’d have to call CALFIRE.  Only after we called CALFIRE and the Sheriff and told them that CALFIRE was coming up, did the remaining two men finally tell us that it was an RES operation. The rest of the mean scattered immediately upon hearing we had called the Sheriff and CALFIRE.

When I called CALFIRE, and spoke to Jack Sweet, he indicated he would come out and investigate, after CALFIRE personnel arrived, and we determined that Jack Sweet was on site, we left the area, and continued with our day.

The following day, I spoke with Jack, and he said the men told him they had a sprayer and shovel on-site, conflicting with our film of the event. They also were unable to provide any paperwork, and told Jack they’d have to got back to their trailer to find the permit… we were also told they had a permit but it was back at their trailer. Ultimately no permit was provided or seen by Jack Sweet at the site or afterwards. Jack referred me to the CALFIRE Fire Prevention Officer, Brian Black.  Brian has not seen any permit as of our telephone discussion on Thursday, July 18. And Brian indicated that he was unaware if RES or the contractors under RES having a current LE-5.

In closing it seems ridiculous that local farmers and ranchers (who also have water trucks and sprayers) are advised by CALFIRE and USFS to prevent wildfires by limiting heavy equipment operations to the mornings before 10:00 AM, yet RES and their contractors willfully ignore scientifically sound recommendations for wildfire prevention, which protect the health, safety and welfare of our community.

This is unacceptable. And this behavior by outsiders who are profiting greatly in our County is what has created the friction between local citizens, local government and the contractors from outside our area, many of who, totally disregard the concerns, advice and the rights of local citizens and well as County policies.  

Sincerely Yours,

William E. Simpson II

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