Discussion and Perspective related to Case 10-03472-8-SWH

1. Sometimes images can convey a message better than words alone so photos have been posted to make the points that have been presented in hearings, etc. and to integrate the words and images to get a perspective of the case.

2. This is a photo of a fertilizer truck applying fertilizer in late November 2004. You may think what does this have to do with our present case.

Fertilizer Truck 11/2004

What is important in this photo is the wheat crop planted 2004 and harvested in 2005 does not exist from 2005 FSA reports or for insurance claims.

I testified on August 3, 2009 at the confirmation hearing for our previous case that we would be receiving approximately $10,000 for the loss of our 2009 wheat crop. This was also listed for income on some of the documents that have been presented earlier this year.

Confused yet? Well as it turns the US backed crop insurance company stated that since we did not have a recorded 2 out of 4 year double cropping history we were not eligible to receive the payment for our farm in 2009 since wheat was not grown in crop year 2005. (called the double crop rule)

Never mind the income and expense were reported to the IRS or that we were pioneers in double cropping wheat and soybeans since the early '80's.

2. The last of harvest of crop year 2004 including the combine and header that was sold on July 24, 2010 against our consent.

This was the year we were supposedly in default of January 2004 as presented by FSA on May 7, 2010.

Please note in particular the 915 grain header on the front of the combine.. the one FSA allowed to be sold for just $50.

John Deere Combine with JD 915 header  (large file - click to open and then close)

Please also note the driver our employee Bobby who all but died just 3 weeks later and who we made sure upon his return home that his home had electric heaters and blankets and there was enough food to eat. Bobby was not ever able to return to work.

3. These are images from 2005 disaster year at our farm ...note the soybeans or should I say lack of soybeans. It was an exception drought - the highest category of drought.

2005 soybeans

Another image from fall 2005 where the soybeans grew well because there was a wet spot in the field...not enough of an area to harvest but nevertheless a perspective of what a little extra moisture will generate.


In this image we are planting wheat and the wheat for this farm the following June 2006 was 80 bushels to the acre average - the best I have ever grown on a particular farm.

The front mounted tank and frame was sold for $25 dollars on July 24, 2010.

4. Equipment Pickup and related images.

We asked FSA State Director Aaron Martin not to pick up our equipment on April 14, 2010 while we had to be at the hearing scheduled for the same time in Raleigh for our previous case as we would be filing again for Chapter 12 in light of the now declared natural disaster March 22, 2010 to no avail.

On the day of the pickup and hearing in Raleigh April 14, I called and asked the Person County Sheriff's department to make sure my mother's tractor was not picked up. I had called Mr. Nelms earlier and made the same request of not picking up other people'equipment and Mr. Nelms assured me he would only pick up what was on the FSA list.

I found out from my neighbor late Friday the 16th the tractor was gone so I went to farm and found the tractor was gone along with other tools like a towing chain that weighs in the neighborhood of 200 pounds that 1 person can not carry along with other small tools, parts, etc.

Since Mr Nelms had assured me nothing would be taken not on the list a report was made to the Person County Sherriff's department along with the compliant of dumping several hundred gallons of nitrogen on the ground.

My mother's tractor. We were in the process of selling this tractor to help pay for care of our 90 year mother with Alzheimers. We were out of all funds to care for our mother and in the processing of liquidating any of her remaining assets.

140 farmall

The nitrogen dumped area..

nitrogen dump

Close up of the jar I had used to catch nitrogen when changing hoses instead of dumping on the ground.

The Sherriff's Report

I found out from Mr Nelms later that he was ordered to pickup the tractor by FSA David Bonnett, Granville County.

FSA finally about 2 weeks later to return my mother's tractor literally within 5 minutes of official charges of stolen property.

The North Carolina Department of Water Quality handled the complaint of the nitrogen dumping as if a hot potato and no official reports were filed.

The 1 of a kind tow chain valued into the hundreds if not a thousand dollars was not ever found and is presumed stolen. The chain was stored at the same location for 24 years before FSA and Nelms made the pickup.

The machinery pickup was like pillfering and looting.

5. The Equipment Damage.

When we were allowed to pick up essential planting equipment we found there was quite a bit of damage to all the equipment to be picked up, not so much monetary but time consuming since the truck would not run because the heavy duty gas tank had been ripped off... all that had to be done was put the key in the switch to start but apparently a front end loader or something similar was used.

damaged truck

Bolt broken off that required a machinist to remove so we could put the spray tank back on the tractor. All pumping was destroyed and had to be replaced.

This structure damage to the drill I found out was because when Nelms was towing the drill it became loose and ran into the back of the truck and gashed a structure component. The safely chain should have been applied and it too was lost and presumed stolen. It was attached to drill since 1996 and was present on the 14th.

damaged drill

6. The July 24, 2010 sale.

As has been thoroughly documented that we tried both through Mr. Martin of FSA and through letters to our attorney David Mills to the court to stop the sale of the farm machinery at least until the plan was confirmed because as of mid July still no market or appraised value of the farm real estate that we wanted in the consent order.

Our instructions to Mr. Mills all along was that we did not want the equipment sale until the plan was confirmed.

A direct quote in an email sent to Mr. Mills the morning of May 13, 2010 before the hearing in Raleigh.


Today's hearing. So long as there are no surprises.... and the confirmation is done before the equipment sale. Everyone has to fully understand that we have lost everything for all practical purposes that we have worked all our lives with very questionable actions of a government entity during the Great Recession and natural disasters. We are grateful to not have to move out of our home of 30 years and have to rent but nevertheless we still owe $145,000 for the privilege of providing food for our society. We not only have this debt but Stella put in $100000 of her inheritance.

We do thank you for good representation and your earnest effort. The system is quite skewed to the lenders and the parameters you have to navigate are quite narrow at times.

Not that it matters I also want you to forward to Mr Stearns and Ms Burnette what happened to us under Freedom to Farm and the Tobacco buyout effects on us as grain producers.... it is just not right for the same agency to do this... and then this action during a very tough weather pattern of natural disasters and near financial collapse.

Please also feel free to forward the excel spreadsheet to Mr Stearns for his review... if I have nothing left but my integrity I want the court to understand that the 2009 plan was quite feasible as of August 3, 2009. I have not added the operating monies but they are available....

Last and not least I still want FSA to say one way or the other whether they received the full payment of $55,298 in 2004? Not going to leave this one alone.

Thank you again and my apology for you having to be under such pressure against a difficult adversary.

Best regards,

Ron and Stella Day"

I will add an email that has not been disclosed sent to Mr. Martin of FSA on June 2, 2010 before the status conference hearing.

Dear Mr Aaron,

Tried calling you but the telephone system is down.... Copied you in perhaps the last message to President Obama and Senator Hagan.... probably still a waste of everyone's time but at least I'm on record. In the consent order which I am waiting for the final version ...seems to me there was a renege on our marketing our property but hopefully that has been resolved along still not what I thought I was agreeing to.

You did understand from the quote in my last email to you that FSA likely would not agree to allow me to continue farming even if I made the plan payment. As I have maintained for some time we have been targeted.

Would still be interested in seeing if more can be done to save our farm as well as our home? I feel like we are going down a greased RR track and in the end will wind up loosing everything which is about to kill me... quite frankly. I am having great difficulty coping.

In many ways FSA and the government has lost more because I have completely lost hope and trust in the system that can never be reclaimed. I love our lands, agriculture and its people and feel abandoned to the system to be exploited even further under some very dire natural disaster conditions beyond my control. If just 1/3 of the nation had the same environmental conditions that I have experienced over the last few years we would be in a biblical famine. And I know until that reality comes I might as well not say anything.

Take care and perhaps we can talk again soon.

Ron Day

-- Ronald N Day
5414 Guida Dr
Greensboro, NC 27410

336.314.1113 cell


Now the results - finding that the pickup up cost was not $7500 as presented in the opposition to the turnover teleconference hearing with a still inflated cost of $3800. I knew when Mr. Mills stated in the teleconference hearing of May 7 that agreeing to pay these cost would make a feasible plan more difficult and we had not even discussed this issue before the hearing.

As to the sale please find:

Section 3 Chattel

581 Repossession of Chattel

FSA may take possession of chattel as part of an involuntary liquidation. FSA may acquire chattel by bidding at a sale only if bidding is clearly in FSA’s interest and SED approves acquisition. SED determines the bid amount and designates an authorized agency official to attend the sale. Prior lienholders are notified of the repossession, as appropriate by FSA-2572. FSA-2571 will be completed for liquidation of chattel security by FSA or the borrower.

This is sale documents along with the chattel appraisal document. This information was also on the spread document.

July 24, 2010 Machinery Sale Document

7. 2010 soybean damage

This is an image of one of the soybean fields in question that appeared to be ok when spreading fertilizer on 6/21/2010 just 4 days before having to return the equipment we still needed.

This is one of our primary field just behind the grain bins. The field appear to be ok until I noticed a lethargic appearance in relation to the field just over the fence line all planted with 24 - 36 hours with the same variety of seed, herbicide rate, everything.

I called my extension to review the fields in question in late July.... the appearance was very noticable.

Extension Report to the Court

This is an image of me stand in the side by side different of the soybeans in which the second tank ran empty and then refilled again ....this time with no adverse effect on the soybeans. The adverse effect was a legtheric appearance growing and a maturity some 10 days or so earlier and a 40 - 50% reduction in yield.

I had taken photos on the 7/28 of the soybean leaves, etc. and over the next few weeks but these images were lost due to 3 internal and 1 external hard drive failures on 2 computers starting in August 2010. The only lost photos appear to be the photos of the damaged soybeans leaves in question.

Over the last 50 years I have handled and sprayed many pesticides including DDT, Methyl Parathion, 2456 (agent orange), dicamba, 2-4-D, and many other products and I have no idea how to replicate the effect and neither does my extension agent. We both fully agree it is an extremely sophisticated effect.

8. These photos are of several fields that had more rain than other and produced 25-28 bushels to the acre and these fields would have likely yield 40 plus with just a little more rain. We receive about 60% of normal in August and none in September until it was too late for a positive effect.

One additional rain late August to early September would have doubled the yield and resulted in at least $40,000 of additional soybean sales.

Today is a different world for agriculture production since the 2007-08 crop with tight supplies and record high prices.

The battle for our survival is not only for Stella and I to retain our farm lands and income at a mature age but it is also for the current generation of not only our children and grandchildren but all people that should have the right and opportunity to have a stable and safe food supply.

For those that hunger

Ronald N Day Posted 01-10-2011