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15911 Urcyi.,,icc.Suim 2111 <br /> Dacia,GJiF,vnln,95618 <br /> Id (5 70)747-0650 <br /> I,ae 15iiq L97-7148 <br /> gra-x.bnncn:uulca W,c�ILcam <br /> September 9, 2008 <br /> t CONFIDENTIAL <br /> ATTORNEY-CLIENT PRIVILEGE <br /> Mr. Scott Malm <br /> Cassel Malin Fagundes, LLP <br /> 6 LI Dorado South, Suite 601 <br /> Stockton, California 95202 1017-134782/001 <br /> Subject: 18819 Highway 88, Clements, California <br /> Professional Opinion Regarding Design and Installation <br /> Dear Mr. Mahn: <br /> I have reviewed the available information regarding the wastewater system and its <br /> modes of failure for the Chocoholics Divine Desserts (Chocoholics) operation at <br /> 18819 Highway 88, Clements, California. I also performed on-site inspections and tests <br /> of the wastewater system. In addition to the evaluation of the wastewater system design <br /> and installation, I have described remedies that would enable the system to operate as <br /> closely as possible to that originally intended. My analysis and conclusions are <br /> presented below. <br /> The problems reported by Mr. Ernie Schenone, owner of Chocoholics are as follows: <br /> The primary effluent disposal system can only receive wastewater for several days <br /> before it overElows to the surface from the low end of the system. Combined with <br /> water level monitoring performed by Chocoholics management, the primary disposal <br /> system appears to have a very low effective percolation rate. The effluent storage <br /> capacity within the Infiltrator chambers was also determined to be substantially less <br /> than expected. Brown and Caldwell performed in-situ percolation tests on <br /> August 28, 2008 that confirmed these conclusions. The primary disposal system's <br /> limited capacity renders it practically unusable within the current wastewater disposal <br /> operation. <br /> There were odors detected on occasion near the beginning of the secondary disposal <br /> system. \K'astewater backing up into the secondary distribution box was found to be <br /> the source of the odors. The box was subsequently bypassed using pressure piping <br /> to eliminate the odor. <br /> Due to the design and construction, the Biombe screen in the secondary septic tank <br /> cannot be taken out for proper cleating as recommended by the manufacturer. It is <br /> currently cleaned in place using an extended wash nozzle, but this is more difficult <br /> and does not clean the screen as well as if it could be removed. Furthermore, the <br /> IT <br /> __ - o <br />