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, . <br /> 1 <br /> 2 <br /> secondary lagoon where it was deposited. The trucks left a trail of material,through spillage as they <br /> traveled around the lagoon. The spillage was contained to the lagoon area.There was no spillage on <br /> 3 <br /> 4 the main drive or near any of the exits. It appears that none of the material left the site. I was onsite <br /> 5 on Monday, June 8, 2009, to check the site status. The excavator was still onsite, but was near the <br /> 6 southern end of the pond where it had started. It appeared that the excavation of the lagoon would be <br /> 7 completed on that day. When I returned to the site on June 12, 2009,the excavation equipment and <br /> 8 the trucks were not present. <br /> 9 12. After the conclusion of the work on June 8,2009,I continued to visit the Olivera Egg <br /> 10 <br /> Ranch two times per week for a period of approximately two weeks. I would visit for periods of time <br /> w I1 <br /> up to one hour. The purpose of my visits was to check the status of the site.I was concerned with fly j <br /> 12 <br /> 13 breeding and odors and to a lesser extent the drying of the manure and grit removed from the lagoon. <br /> 14 I was able to find fly breeding in both the manure and grit that was removed from the lagoon and at <br /> 15 the lagoons edge. I directed Mr.OIivera to apply fly control measures.In both of the instances when <br /> 16 fly breeding was observed,Mr. Olivera was responsive to my direction. <br /> 17 13. I was concerned that the excavation activity would agitate the lagoon water and create <br /> 18 an odor event for the nearby neighbors. I wanted to be active in monitoring the lagoon excavation <br /> 19 activity in case the neighbors called with concerns and to ensure that the site operations did not create <br /> 20 nuisance conditions due to inattention. <br /> 21 <br /> I declare under penalty of perjury under the laws of the State of California and the United <br /> 22 <br /> States of America that the foregoing is true and correct. <br /> 23 <br /> Executed this 7th day of August, 2009, in Stockton, California. <br /> 24 <br /> 25 Robert McCIellon ^ <br /> 26 <br /> 27 <br /> 28 00707961WPD 4 <br /> PORTER E s c o r t <br /> 750 Ud—ity Ave.,SWI1 200 DECLARATION OF ROBERT MCCLELLON <br /> S-to.CA 95925 <br /> Tz 9 16.119.1111 <br /> fA7c:916.927.3706 <br /> www pnrlcracoll.com <br /> I <br />