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| 2007/06/30 23:34:32 | ||
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2007/06/30 23:34:32 I do not want to do this. If DHS pushes me with my back against wall and Mariposa County still is trying to taunt my application for Zone change, I would have no choice but to fight to the bitter end. To waste tax revenue on my personal matter is against my will. I am publishing some information on my blog to let agencies related know that I am ready. I do not mind FBI investigating on this matter if they desire. Following is all dated material with supporting documents in my files Constitution provide Equal Protection to all people regardless Part A. Dereliction of his responsibilities as a governor. 2. Mr. Carl L.Carlucci, P.E.District Engineer and Part B. Act of discrimination were performed by the Planning 1. Bear Creek Cabin had commercial Zoning with about I am a law abiding citizen. I stoped the camp ground business If DHS pushes me with my back against wall I would have no
Unfortunately, the Department will not allow you to operate the water system through another season without a reliable, safe potable water source that meets the primary and secondary drinking water standards and is free from bacteriological contamination. You will be receiving a letter stating the Lodge must do something to ensure that there is a reliable source as mentioned above before the start of the 2006 season. 1. DHS office abuse their power by instructing the criteria of 2-inch thick annular seal installed to depth of at least 100 vertical feet for the new well. Then the department on March 10's letter made a compromise by authorizing Mr. Harris to seal the well at 65 vertical feet I/O 100. As a result, the new well failed in stopping the bacterial penetrating to the new well. 2. When I contracted with Mark Harris of Yosemite Well Drilling, in the contract I insisted that the State DHS standard be followed without fail. 3. When Mark talked to DHS about technicality, the chief of DHS changed and accepted the sub-standard of 65 feet and gave the written approval. (Exhibit 1 letter) 4.This constitutes the abuse of government power. You make the law, everybody must follow even if you were the President of United States. Isn't only the judge of court can explain the law not the individual government officier? 5. I spent almost $45,000.00 to construct the new well by borrowing the fund from credit card company.Yet I received e-mail from Kassy on Nov 16,2005 which quote: " The fact is during the 1st 2 month raw water testing, it shows the water are in good quality. However, when winter season starts we do not have any tourists for a couple of weeks, the upper water tended being contaminated by the surface bacteria yet when you let water run 30 minutes it will be clean. What is more, the Muir Lodge water has been going chlorinated treatment for over 15 years and has never caused any illness to nobody just the same quality water as provided by Mariposa county. The Department wanted me to go all those traffic study soil study and Cal- Since Muir Lodge is the only source of income of our family I deem it desperate Fact: The Constitution protects the people from freedom of Fear. Since the above order was issued on 6/8/04, Michael and his wife have been living in the constant fear of losing their motel business. (Government may close down the motel operation by early 2005.) The harassment started, as Michael wanted to add few RV parking site in motel and requested a permit to operate. Based on Exhibition A, Muir Village has existed between 1916 through 1955. Muir Lodge’s name was listed on grant Deed 1955 under the Leroy Housen's name. Hence, the old wells we are using were drilled during around 1934 period. Michael Han & his wife bought this motel in September of 1990 from Dr. George A Huber. Dr. Huber failed in disclosing the trouble of possible water contamination before closing escrow. He did find old poster (evidence exhibit) by Dr, Huber's handwriting. After finding out the fact of old well, Mr. Han has never failed in conducting the chlorination of the water. In another words, in my 15 years ownership, no one complained about Muir Lodge's water. DHS conspired to harass Michael Han. The fact when Michael applied to use old restaurant land site to open few RV campgrounds in his motel, Mr. Carlucci immediately voiced the objection as expansion. Mr. Han's intention was to make both ends meet while Carlucci intention was simple and clear. DHS takes a series of action to drive him out of business. Time line of this conspiracy: 1990~2003 11/18/1994 3/2003 4/18/2003 6/3/2003 12/30/03 5/27/04 6/8/04 Consequently, California Transportation Department also sent letter to raise the demand of Turn-pocket even though Muir Lodge has two old exits on highway 140 with 400-foot length distance. Later on Fire Department raised question of the bridge standard, although in 1995 Midpines big fire, all Fire personnel and cars stayed in the lodge without problem. Per DHS's order of compliance, Muir Lodge has posted Water Alert on the front door since 1990 and prepared the bottled water to give to our guests. The fact of harassment: They wanted to conduct raw water circle test by Aqulab. Officer from Fresno came here to conduct same test with conclusion of water contamination. I found basically the water was same and Aqualab stating that water has met the standard of DHS requirement. According DHS, I had to make adjustment by asking water specialist assistance. Further more, DHS concluded that the well is too close to the creek and suggested to drill a new well with strict requirement of 100 foot casing The action required by Compliance order asked Michael Han to submit in monthly report the copies of guests registration card. This, in my observance, is against Federal Privacy Under the "Privacy Law" only by court order of a Judge to authorize a subpoenas, DHS can not issue that order without justifiable reason & Judge's order. On 11/20/2005 I sent DHS Kassy another letter about possible government wrong doing and Mr. Harris "Possibly commit a crime of forging well log report." Kassy, As you said about Mr. Harri's well log. I doubt very much about the accuracy of the figure. I were there while Mark pumped 47 bags of soft grout to the casing. I don't know who gave his authority to seal only about 70 feet vertically. DHS made clean about the criteria of100 vertical feet? It does look like that Mr. Harris only wanted to collect his money and asked you to gave him approval. He knew that my contract said very clear that I would not pay him unless he meet the DHS standard. I guess he cheated you out with his sweet mouse and get your written approval. The destroy of the old well used 46 bags of dry grout to seal the 70 vertical old well. Based on this reference, I am in an opinion that the seal with 47 bags can only come to about 70 vertical feet instead of 87 feet. I need instrument to confirm the new well depth of seal. If I am proven right. then Mr.Harris did commit a crime to falsify the well log record. In this regards, his contractor license must be suspended and he him self must serve jail time. Right now, this is not my concern. What I want is new well with clean water free of bacterial. In common practice, the driller is responsible to have to correct the error. Mr. Harris is the person with his old body in Mariposa county. I double if he is willing to do it. (His stands is that DHS gave his approval.) I like to know if DHS has the authority to suspend his contractor license. If DHS confirms this then I would have to ask Banon a favor to finish the job. I figure it may cost me again about $5,000.00. But I have my back to the wall and do not have other choice. Not much business in winter. I constantly ask myself why I have been providing safe water for more than 15 years with my water treatment system and I still have to deal with this situation. Please teach me if you have another bright idea. thanks in advance. Michael Michael, Unfortunately, the Department will not allow you to operate the water system through another season without a reliable, safe potable water source that meets the primary and secondary drinking water standards and is free from bacteriological contamination. You will be receiving a letter stating the the Lodge must do something to ensure that there is a reliable source as mentioned above before the start of the 2006 season. In looking at the well log, it appears that the contractor did not follow the directives in a letter from the Department dated March 10, 2002. The letter specifically states that Mr. Harris was given authority to construct the new well at Muir Lodge with an annular seal to a minimum of 65 feet, as long as at least 15 feet of the annular seal were installed in rock. According to the well log provided by Yosemite Falls Well Drilling, the annular seal was installed to a depth of 87 feet and the granite does not start until 87 feet. The annular seal should have extended to a depth of at least 102 feet. Perhaps if the well were constructed properly, the well would be free from bacteriological contamination. I will be sending a letter in the near future. If you have any questions, please feel free to call me at (559) 447-3316. I tried calling you at (209) 966-2468 to discuss this matter but the line keeps on ringing and ringing with no answer and no answering machine.
Kassy Smith-Chauhan
Department of Health Services
Drinking Water Program - Merced District
(559) 447-3316 Legal Requests. Muir Lodge cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the Muir Lodge community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, history, fraud complaints, and bidding and listing history without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to: prevent imminent physical harm or financial loss; or report suspected illegal activity. I did not understand the wording "PERSONAL HYGIENE" until guest told me it means you cannot take shower and brush teeth with this water. I have been using this water for more than 14 years and so with my wife. Ms. Jerrie Rizziano is willing to testify that she had drunk our water for more than 6 months and never felt sick. That is scaring tactic to stop guests staying in Muir Lodge and intentional maliciously ruining my business. Even Mrs. Millie Kaad can testify that she drinks our water without feeling stomach trouble. That constitutes the abuse of Government power. Exhibit C. Mr.David L Conway, REHS’ of Mariposa County sent a letter dated Oct29 2004. In the letter he indicated the statute of well location requiring 100-foot setback from sewer line. I asked him to produce the written statute and he couldn’t. That made me to question the right of Government official by putting law into his own hand. By judicially explaining the law or statue DHS has created a vacuum for corruption and legally bribery. However, I tried to follow DHS order to find Well Driller. Among 6 drillers in Mariposa area, only 2 driller can meet the strict DHS requirement of casing 100 foot in the well. I gave the contract to Yosemite Falls Well Drilling. 1/19/2005 8.Mr. Steven Mindt in Feb 2004 came here and consequently Mr. Dennis Dooley constantly were here in the name of assisting me, but in reality, implying the possible government act to shut me down for reasons failing to comply government order. (Was he representing a Special I asked many times to Mr. Dennis Dooley about SB Funding. He gave me negative response. Dear Mr. Carlucci, For two years I have been burdened with troubling problems stemming from my business. Both my wife and myself have worried in fear about the status of Muir Lodge and I am especially concerned with the anguish it has caused her. When I bought the property it came equipped with water and electric on the upper pad possible for 6 RV self-contained hook up, but expansion was such an expense that I could not add any more hookups. I do plan to utilize the 6 sites, which have been on the property for years. They can service guests with self-contained motor homes. Secondly, I know of no problems with well water, but I have been prodded to sink a new well, an expensive proposition that I can't still afford. Aqua Lab in regularly tests my chlorinated water there has never been an indication of not up to the standard of States requirement with exception of testing the raw water. Still, I contacted Mark Harries to develop a new water source. I am sure that you are informed on this matter. A serious problem developed which reminded me that the expense of well drilling comes with no guarantees. Last month Mark's crew drilled to 110 feet and gauged the well good for twenty gallons a minute. However, when he re-bored to enlarge the hole he hit gravel. He told me he felt his know-how would not permit him drilling continuously and asked me to ask Mr. Russell of Bannon Drilling to take over the job. Anyway he stopped the drilling. Is all this really necessary? As stated in the previous paragraph I have never had any problems with the present well or the quality of the water. The guests at Muir Lodge have never complained of water quality and the bottled water has been available to them since September 1990 for their drinking consumption. If you can show me any documentation or testimony, which questions the safety of my Wells location or the quality of the water, please share it with me. Also, I need a copy of all testimony, statutes and guidelines that you are following and which might be used by David Conway or others in evaluating my property. My well is a good source of water and in an area, obviously, which is full of unknown subsoil structure; let us settle this very troubling matter as soon as possible. I run an economy motel and travelers are very appreciative of this. It serves a needed niche in Mariposa. Very Sincerely, Michael Han P.S. The new well is finished with immediate cost $16,538.91 to Yosemite Fall
As a result, I sent letter to Mr. Carlucci: dated 3/09/05 I have been tormented and burdened for the past week with sleepless night. CFCC 2005 Funding (I sent e-mail to the Governor of California with same contents dated 3/13/05) Michael, I talked to Mark Harris and he said that he was going to come out and check the site. He is going to give me a call back after he visits the site and let me know where he is proposing to drill the well. I will need a new plot plan for the new location. Mark is also going to destroy the hole that he originally drilled. He anticipates that they will be back out to drill in the next two to three weeks. I will be in the office if you have any questions. Kassy Mr. Harris said if Bannon Mr. Russel Dumcon couldn’t help ream the hole he has to drill another hole. As results, I may re-apply drilling permit for the job. But who can guarantee he might not get water. Thank you,Kassy, Thanks for your kindness. Michael 3/09/05 Michael, Thank you for the update. I spoke with you this morning and will be faxing a letter to Mark Harris that is addressed to you and basically states that the Department approved constructing the annular seal to less than 100 feet. If you have any questions regarding this letter, please let me know and I will try to help.
Also, I will get in touch with Dennis and have him contact you to find out about potential funding sources. We attended a funding fair today and he might be able to help you.
Please let me know if you have any questions.
Mr. Mark Harries The Government office, Mr. Carl Carlucci I particular, explained the law. I considered that he was stepping out of line. First in his letter he required the new well be "conditioned on well construction in accordance with these standards and will require that an annular seal of AT LEAST 100 FEET BE PROVIDED. Yet after Mark drilled the well Kassy Smith in her letter authorizing the seal to be 65 foot and result Mark got his money paid. I don’t understand that government official makes the standard and afterward gave in the rule. That means give the power of explaining the law, which may eventually create a vacuum for corruption.
In conclusion: I have paid tax faithfully; I am a just little small potato to make a living. Why DHS people repeatedly implies to shut my motel down if I don’t comply with their order? I am ready to file a lawsuit to the court that being a human being or Citizen of the United of States I am entitled to a fair treatment. All I want to make is complaint that I have grandfather’s old motel and the water has hurt no body-----Original Message----- Kassy, Today is the 9th of March 2005. Based on the information I watched on the new well drilling, the process is as follows: 1. Mark started drilling on 3rd of this month. He hit the water on about 75 foot and continued drilling up to 200 foot on granite, which is holding well well. 2. On 4th of March Mariposa County sent staff at 11 am of March 4 supervising the 75 foot Grouting. I am not sure what material is the soft grouting. The PVC casing was applied. The county clerk watched the whole process of 47 bags pumped into the wall of the whole. 3. The well can produce, at first Mark said, water 5 gallons per minutes. At about 200 foot the well can produce, according his saying, water 10 gallons per minuets. I don't understand why he continued drilling up to 600 foot deep. No more water than expected coming out up to 7th of March. 4. He asked me if I wanted to continue drilling? How would I know if the further drilling would produce more water? I told them to continue drilling for another 25 foot and stop it. I am responsible for the extra 25 foot drilling costs. I am in the opinion that they should have stopped drilling about 200 foot. In my common sense judgment, I can see no reason to find two water resources at same spot. I don't understand why I have to pay the extra 400-foot cost for nothing. 5.Mark asked me to pay the drilling. Since the grouting is only 75 foot against the State written requirement of minimum 100' of neat cement, I am not going to pay the cost of drilling unless there is written legal authorization of the 75' cement grouting. Otherwise, I am awaiting the court decision whether I must pay the total cost against the demand of your office 100' neat cement grouting. Looking forward to the reply of your good offices, Sincerely yours, Michael Han P.S. what happened to Steve and Dennis? I was told that State might help funding the cost of well drilling. If Carlucci had no intention to help me with zero interests funding then there is no point, in my humble opinion, sending both of them over the Muir Lodge in the first place. You think you can help me applying the funding? I don't know how to proceed and qualified for the funding. Michael, Thanks for the update. I will be in contact with Mark Harris to make sure that the location selected for drilling is acceptable to the Department. I will also talk to him about the location where he hits granite when drilling.
Has he sealed the hole that he made when trying to drill the first well?
I received the registration cards.
Thank you, Kassy Smith The Constitution protects the freedom of Fear. After Mr. Dennis of Dooney visited me in early 2004 .He was implying the possible DHS action to close my motel. After that conversation, my wife and I have been living in the hell of FEAR, the fear of government action to close Muir Lodge. For the evidence, please summon the following persons to testify: Mr. Dennis Dooley. Mr. Steve Mindt -----Original Message----- Kassy, Mark came here 2/11/05 to pick another spot for drilling. But there seem no guarantee to hit a pile of granite to hold hole in place with water for your inspection. After all is ready, then he will ream and casing to meet state's requirement. Next drilling is scheduled on early 4th week of February 2005. Mark will call you to talk about drilling. The spot will not be too far from the existing hole. Will enclose few copies of registration card under separate cover on Feb 12th mail. Michael Michael, I talked to Mark Harris and he said that he was going to come out and check the site. He is going to give me a call back after he visits the site and let me know where he is proposing to drill the well. I will need a new plot plan for the new location. Mark is also going to destroy the hole that he originally drilled. He anticipates that they will be back out to drill in the next two to three weeks.
I will be in the office if you have any questions. Kassy
I am filing a motion to an injunction on the part of Department of Hearth Services. As long as I follow the rule of water treatment I can conduct my business as usual. I was denied of the special funding based on the suspected 3 possible reasons: a. My business makes too little money to pay back the loan. I am too old (Senior) to qualify the fund. I am one of minorities (Chinese American) who are falling on unfavorable lists. I demand an official explanation about Small Business Fund how is allocated and based what standard it is distributed. Further more, I am in an opinion that investigation should be undertaken to see if there is tax paid funding is improperly allocated. I am wandering if denying my qualification of SM Fund could be the results of above mentioned.
I believe in the law of Justice. Let Court tender the verdict. 3. Damages: a. The compliance order and poster causes the loss of my business income has to be Compensated. b. The emotional stress causes both my wife and me immensely pain and a lot of Sleepless nights. The government of California must compensate the damages. c. Government created the vacuum to let Mark Harris gauging the bill to pay. The damage is $16,538.91 for a well not tested yet. I strongly suggest that governor's office to investigate the proper allocation of the funding. Apparently I become the victim of numerous pressures from the officers of DHS follows:Mr. Carlucci and Richard L haberman of DHS sent Compliance Order. Mr. Carlucci sent letter of Object to Mariposa County with regard to application Mr. Carlucci reacted extremely negative. Put his words:" The Department strongly opposed the program…"Submitted application of re-zoning and requested for permission to use existing RV parking for the purpose of generating more sale in order to survive. (Based on Mariposa's zoning, Muir Lodge has non-conforming zoning. In anther words, it is grandfather motel but not legalized zoning. Right after Memorial Holiday Mariposa County official came to Muir Lodge giving Michael Han a red tag on account of operation campground without permits. As results, Michael Han applied to Mariposa County for application of re-zoning and temporary permits to operate campground at his motel site DHS asked Michael to post Boil water Order as usual. DHS sent people to conduct raw water circle test. Mariposa County had open window for zoning change. Mr. Han submitted zoning change and the County failed to process the application. Muir Lodge was still under the non-conforming use. Muir Lodge has had no trouble with well water problem from the date he bought this motel in 1990 until after Memorial Holiday of 2003. Muir Lodge opened part of his old restaurant land parcel with original utilitity set up to rent them as campground. The business was good for a couple of days and caused some one to file a complaint running campground without permit at motel site. |
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