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06-08-1994 03:49PM FROM RISHWPIN & RISHWA]N TO 4640138 P.02 <br /> Lzw Office of Deborah Fialkgwski <br /> 2"Weir M=6 Lane„Suite*1201 <br /> Swckton,California 9521"218 <br /> (209)957-3911 . Fax(209)4732885 <br /> VIA FACS IM 31laE <br /> June 8, 1994 <br /> Mr. Doug Wilson <br /> San Joaquin County Environmental Hed.lth <br /> 445 North San. Joaquin Street <br /> Stockton, California 95202 <br /> RE: Investigation of EI Rancho Rock and Sand, Inc. <br /> Our File Number: 03103.17 <br /> Dear Mr. Wilson. <br /> Please be advised that this office represents E1 Rancho Rock <br /> and Sand, Inc. and has been monitoring the reclamation project <br /> now underway at the former plant facility. Condor Earth <br /> Technologies has developed and implemented the approved <br /> reclamation plan and requested approval of their proposed Work <br /> Flan to Address Potentially Contaminated Soils from your agency. <br /> It has been brought to my attention that in recent telephone <br /> conversations between DEH staff and Condor personnel, Condor was <br /> informed that actions undertaken by your department regarding the <br /> plant are being done and have been done at the direction of the <br /> District Attorney's office of San Joaquin County; further DEH <br /> will not approve the work plan in view of the ongoing criminal <br /> investigation regarding alleged environmental violations by the <br /> District Attorney. It is my further understanding that a letter <br /> outlining your position is expected later this week. <br /> As you know, that agency has been conducting a criminal <br /> investigation since .August, 1993, regarding alleged environmental <br /> violatiGns at the plant site. In light of these facts it would <br /> appear your agency's attempts to garner information tlrom Condor <br /> ;regarding the plant could be construed as attempts by an agent of <br /> the District Attorney to obtain information by circumventing <br /> procedural safeguards used in investigations. <br /> Please be advised that I have instructed Condor to direct <br /> all future inquiries from your department or the District. <br /> Attorney to me or one of the other counsel representing E1 Rancho <br /> or its parent corporation, Terra industries, to alleviate any <br />