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-7- 7) If granted the Permit should expire after each year and should only cover one phase of the excavation. This would allow the County to observe Mr. Merian ' s performance on each phase in order to determine whether he should be allowed to proceed. Permits on subsequent stages of the excavation should not be granted until all rehabilitation is completed on all prior stages. (Adequate stockpiling and timely rehabilitation of the excavated area would insure Stockton Sand and Gravel an adequate supply of processed materials on hand. ) Even with adaptation of the County' s enforcement mechanism • in all of the above ways, there would be no assurance of Stockton Sand and Gravel ' s compliance with the Permit. It has been demonstrated that numerous letters, threats of eviction, and withholding of authorization do not compel Mr. Merian to comply with the requirements of the various governmental bodies. Mr. Merian has a history which demonstrates a willingness to disregard the rules and regulation of the responsible agencies. C. Posting of Performance Bond to Cover Rehabilitation (By Phases) , Damage to Roadways, and Damage to Private Parties The fact that the County still does not have an effective performance bond, after having required a $10 , 000 bond for the Calaveras River project almost two years ago, makes it obvious that the performance bond on the Calaveras River project did not protect the County as intended. The performance bond must be collected prior to issuance of any authorizations . A separate performance bond should be required of each phase so that if Stockton Sand and Gravel does not rehabilitate and in other ways act in compliance with the Permit at each phase the bond may be called. A single performance bond for a five year project period would make it far too easy for Mr. Merian to wait several years to continence rehabilitation without risk of losing the performance bond. In addition to covering costs of correcting potential damages caused by Stockton Sand and Gravel directly associated with excavation, the performance bond should also protect the County for damage to roadways and suits from private parties harmed by Mr. Merian ' s operations. As noted below, potential exists for serious roadway damage; both Shelton and Waverly roads were recently repaved at tremendous expense to the County. Ir. the presence of gravel quarry operations, damage to private parties can and does occur; the County and the residents ought to be protected from this liability.