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<br />~, <br />February 5, 1992 III III III IIIIIIIIII <br />INTEROFFICE MEMORANDUM <br />TO: Jim Stevens, Bruce Humphries <br />FROM: Harry Posey <br />RE: Considerations for Soard for A&S Construction, D&O <br />Valdez, and State of New Mexico Dept. of Highways <br />Listed below are the items that I think are pertinent to pursuit of <br />the Valdez/New Mexico/A&S Construction unpermitted gravel pit in <br />Conejos County. I will need to meet with you to determine how to <br />proceed with this case. <br />The main questions: <br />a. Was there more than one period of operation, and if so <br />when? <br />b. Who was (were) the operator(s)? <br />c. Should we involve Frank Johnson? <br />d. Should we let the Board decide whether to pursue action <br />against the state of New Mexico, if we conclude that they were <br />the operators? <br />VALDEZ INVOLVEMENT <br />1. Following up on a complaint regarding an adjacent property in <br />September, 1991, the Division photographed the Valdez pit <br />during an aerial inspection. <br />2. Division noticed the Valdez pit during inspection of an <br />adjacent pit in November, 1991. <br />3. Demetrio and Olive Valdez indicated under oath at the November <br />1991 board meeting that there is a gravel pit on their <br />property. <br />4. Valdez's have applied for a permit application package, but <br />have not submitted the materials. <br />5. We have no direct indication that the Valdez's themselves <br />operated this pit, but I have yet to examine aerial photos. <br />Even if the photos indicate activity other than the A&S <br />activity (see below), we will need to find where the material <br />went before we can say that it was used for anything other <br />than Valdez's own use. <br />6. Part of the pit is in the river bottom so would need Corps of <br />Engineers oversight. <br />