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-3- top width and slopes no steeper than 2 : 1. There has been no compliance with this requirement. In fact, in many locations levees are less than half the required width. In a meeting on May 7 , 1980 (present: Mr. Merian, Harry Rectenwald from the Department of Fish and Game, Howard Hitchcock from the San Joaquin Flood Control District, Louis Thanas and Dick Schaffer from the San Joaquin County Planning Department) , it was concluded: "that the Permit condition regarding levee width precludes further removal of material from the upstream pond. " In September, 1980, according to Stockton Sand and Gravel ' s own records, Mr. Merian excavated more than three thousand tons of material from the upstream pond. C. Failure to Acquire Current 1601 Streambed Alteration Permit Stockton Sand and Gravel is required to have a current 1601 Streambed Alteration Permit with the State Department of Fish and Game in order to excavate in the Calaveras River Channel. Despite the fact that his last Permit expired on November 1 , 1980 , he continues to excavate in the Channel . According to Jerry Mensch of the Department of Fish and Game, his agency has refused to issue a new Permit because Stockton Sand and Gravel has never submitted an adequate rehabilitation plan. D. Failure to Acquire Performance Bond Permit EP-80-2 , approved October 11 , 1979 , requires that Stockton Sand and Gravel post a $10 , 000 performance bond guaranteeing that all work associated with this excavation on the Calaveras River project site be completed prior to expiration of the Permit. The County still has no record that such a bond has been obtained. In fact, Mr. Merian has only filed for the bond in the last several weeks. We can only guess that his reason for finally attempting to secure a performance bond was to facilitate approval of his new Permit. E. Violations of Hours of Operation Standard Con-?itions--All Excavations #A-5 requires that there be no plant operations from 9 : 00 p.m. to 5 : 00 a.m. Despite complaints from neighbors, excavations and rock crushing operations were routinely carried on until 11 : 00 p.m. This practice stopped only in response to pressure from residents at the Permit renewal hearing.