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8. The purpose of the operation to dredge the manure lagoon was to increase lagoon volume,improve lagoon health and reduce the odors over time,an issue of immediate importance to the local residents and the Environmental Health Department. 9. It is my recollection that the Mr. Olivera did not want to start work on the lagoon until after the Memorial Day holiday,May 25,2009,due to concerns that it might cause additional impacts the neighbors during the holiday. 10. Mr. Olivera's initial plan required that, new PVC piping had to be installed been installed to extended the discharge points of manure from the southern end of the lagoon to the northern portion of the lagoon. The affect was a discharge of manure into a more northern location of the lagoon, in an attempt to de-water the southern end of the lagoon. Other than the new PVC extensions,the existing PVC piping remained intact. Mr.Olivera's plan include being able to operate a piece of equipment inside the lagoon to do a more complete removal of the manure and grit(reach the grit in the center of the lagoon). The excavation began in the southern end of the lagoon and soon after it was determined that the lagoon contained more liquid than original thought. The site operation was scaled back to include excavation around the edges of the lagoon, only. The manure and grit in the center of the pond would have to remain. 11. The operation to dredge the manure lagoon of sludge and grit began on Tuesday,June 2, 2009. I was on site June 3, and June 5,2009 to check the status of the excavation process and to check for fly breeding and odors.During the site visits I was able to watch the excavator place the very liquid like material in the trucks and the truck carrying the material to the secondary lagoon where it was deposited. The trucks left a trail of material,through spillage as they traveled around the lagoon. The spillage was contained to the lagoon area. There was no spillage on the main drive or near any of the exits. It appears that none of the material left the site. I was onsite on Monday,June 8 to check the site status. The excavator was still on site,but was near the southern end of the pond where it had 00707962.wPD 3 DECLARATION OF ROBERT MCCLELLON