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-4- F. Lack of Rehabilitation In the more than twenty years that Mr. Merian has operated on the Calaveras River project, there has been no completed rehabilitation of any area within the project site. Many slopes remain steeper than the county requirement, and even those that have been graded to an acceptable slope have not been re-seeded and are subject to severe erosion. Section 6 of Standard Conditions requires that "rehabilitation shall be completed not later than two years from the date on which the extraction is completed on any phase. " The property owners have spent hundreds of hours and thousands of dollars on preparation of similar rehabilitation plans and attorneys ' fees in trying to enforce them. G. Removal of Topsoil in Violation of Permit Thousands of yards of high-quality topsoil were removed from agricultural areas and sold. Much of this material was not even within the site plans proposed excavation area. One area included a grove of mature oak trees. Topsoil from this site was used to reconstruct a crossing in the river channel. It has since washed downstream. Violations by Stockton Sand and Gravel include Standard Conditions--All Excavations #8 , Permit- EP-80-2 Condition #5 , and excavatation in an area without a permit. In addition the 1974 Environmental Impact Report states on nage 9 that "excavation should avoid areas where older cottonwoods, oaks, or sycamores exist . " III . VIOLATIONS OF STATE AND COUNTY REGULATIONS AT THE PROPOSED WAVERLY ROAD PROJECT SITE Although Mr. Merian does not have a Permit to operate on the proposed Waverly Road project site, there has been a significant amount of activity by Stockton Sand and Gravel on the site. Already violations to State and County regulations have occurred at the proposed site. A few examples follow. A. Forest Service Violations--Grass Fire Ignition In 1980 Mr. Merian started a grass fire because his equipment was not equipped with spark arrestors. Although the Forest Service cited him for causing the fire, he continues to use illegal equipment and to pose serious fire hazards.