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Final Operations and Maintenance Plan <br /> Neighborhood C,Great Valley Parkway <br /> Mountain House,San Joaquin County,California <br /> Page 5-1 <br /> 5.0 INSPECTIONS AND REPORTING <br /> Periodic inspections of the remediation system shall be conducted by maintenance personnel as is <br /> normally performed for all streets and arterial roadways for Mountain House. Any repair needs to the <br /> remediation system should be conducted as soon as practicable. For any activities that will require <br /> implementation of the Soil Management Plan (SMP) as described in Section 9.0, reporting requirements <br /> are described in the SMP(Section 9.7).Annual inspections and reports will be conducted as follows: <br /> 1) By January 15 of each calendar year, a competent person (defined in this plan as a legal resident <br /> of California, 18 years of age or older, not found to be incompetent in a court of law, and able to <br /> interpret the terms of the deed restrictions) shall file an Annual Report of Inspections. A sample <br /> of the Annual Inspection Checklist is attached to this O&M Plan as Appendix D. The Annual <br /> Report shall be provided to the DTSC. The Annual Report, filed under penalty of perjury by the <br /> then current owner(s),shall certify that the property is being used in a manner consistent with the <br /> terms of the deed restriction and the Operation and Maintenance Agreement and describe all <br /> measures that have been taken to ensure compliance with the deed restriction's terms and the <br /> terms of the O&M Agreement. If the property owner identifies any violation of the deed <br /> restriction during an annual inspection,or any other time of year,the property owner must within <br /> 10 days of identifying the violation, determine the identity of the party in violation, send a letter <br /> advising the party of the violation of the deed restriction and a demand that the violation cease <br /> immediately. Such letter shall be sent by certified mail with return receipt and signature required. <br /> The annual report must include the dates,times and names of the competent person(s)who conducted the <br /> annual inspection. It also shall describe how observations were performed that were the basis for the <br /> statements and conclusions in the annual report (e.g., drive by, walk in, etc.). The annual report shall <br /> contain information on the integrity of the Remediation System, including asphalt cover, median, and <br /> vegetation and provide recommendation for repairs, if necessary. If the competent person notes violations, <br /> the annual report must detail the steps taken to return to compliance. Copies of any correspondence <br /> related to the enforcement of the deed restriction shall be included in the annual report but must also be <br /> sent to the DTSC within ten days of its original transmission. Additional requirements for the annual <br /> report will include annotated photographs documenting conditions and the inspection checklists <br /> completed during the reporting period. In addition, five-year reviews will be conducted. Five-year <br /> reviews will include annual inspection requirements and will also include the following: <br /> 2) After five (5) years, and every five years subsequently after that, a licensed civil engineer shall <br /> inspect the Remediation System to evaluate whether the remedy remains protective of human <br /> health and the environment. The five-year inspection shall focus on landscape and hardscape <br /> cover of the Remediation System. Should major repairs of the Remediation System be required, <br /> then within thirty (30) calendar days after the end of the 5-year period, a competent person shall <br /> submit a remedial action review workplan to the DTSC for review and approval. Within sixty <br /> (60)days of the DTSC's approval of the workplan,the Owner shall implement the workplan and <br /> shall submit a comprehensive report of the results of the remedial action review. The report shall <br /> describe the results of all sample analysis, tests and other data generated or received by the <br /> Owner and evaluate the adequacy of the implemented remedy in protecting public health, safety <br /> and the environment. Wet signed copies of the report shall be transmitted to the list of recipients <br /> provided in Section 8.0 of this plan. <br /> 4M <br /> IL/) CONDOR <br />