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-5- BJ Well Drilling without a Permit Mr. Merian had a well dug without a permit, and when he decided that it was in the wrong location he simply filled the hole with coarse rock, in violation of County health ordinances. C. Construction without a Permit Mr. Merian has constructed a massive rock-sorting structure without obtaining any of the necessary permits required by law, forcing the Building Department to take action to stop the construction. D. Collecting and Storage of Junk and Scrap Already Mr. Merian has littered the proposed project site with tons of junk, including scrap iron, old tires, and broken parts. Although these items have only been placed on the site in the last six months, their condition led the author of the Environmental Impact Report to believe that they were abandoned remnants of a mining operation that ceased 40 years ago. (Waverly Project E. I . R. , Page 7 . ) IV. CONDITIONS PREREQUISITE TO THE PROPOSED NEW EXCAVATION SITE PERMIT AT WAVERLY ROAD Being hypothetical and ignoring the realities of Mr. Merian ' s track record, if Stockton Sand and Gravel were to be granted a Permit for a new quarry operation at Waverly Road there would have to be certain conditions embodied in the Permit plus effective enforcement measures. The problems described above are the result of the failure of Stockton Sand and Gravel to voluntarily comply with the conditions of the Permit and the failure of responsible agencies to effectively enforce the Permit. Below are recommendations regarding conditions which would have to be included in the proposed Permit in order to protect the County and the public. A. Stockton Sand and Gravel Must Comply with its Existing Permit and Complete Rehabilitation of the Land in the Calaveras River Project area Prior to Consideration of a Permit at a New Site After over twenty years of excavation activity on the Calaveras River project, there is no completed rehabilitation in any area of the project. Stockton Sand and Gravel seeks to move its operation from the Calaveras River site to the proposed Waverly Road site. If the new Permit were granted previous to rehabilitation on the existing project, Stockton Sand and Gravel might direct all of its attention to its new project and the corporation might ignore attempts to enforce the existing Permit by the responsible agencies.