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0 <br /> started.It appeared that the excavation of the lagoon would be completed on that day.When I returned <br /> to the site on June 12, 2009 the excavation equipment and the truck were not there. <br /> 12. The excavator used to perform the dredging work was onsite at the Olivera Egg Ranch <br /> the morning of June 2, 2009. <br /> 13. On June 2, 2009, I observed sludge and grit removed from the manure lagoon and <br /> placed in an area south of the lagoon that was bermed. <br /> 14. After the conclusion of the work on June 8,2009,I continued to visit the Olivera Egg <br /> Ranch two times per week for a period of approximately two weeks. I would visit for periods of time <br /> up to one hour. The purpose of my visits was to check the status of the site. I was concerned with fly <br /> breeding and odors and to a lesser extent the drying of the manure and grit removed from the lagoon. I <br /> was able to find fly breeding in both the manure and grit that was removed from the lagoon and at the <br /> lagoons edge. I directed Mr. Olivera to apply control measures for flies. Both of the instances Mr. <br /> Olivera has been responsive to my direction. <br /> 15. I was concerned that the excavation activity would agitate the lagoon water and create <br /> an odor event for the nearby neighbors. I wanted to be active in monitoring the lagoon excavation <br /> activity in case the neighbors called with concerns and to ensure that the site operations did not create <br /> nuisance conditions due to inattention. <br /> I declare under penalty of perjury under the laws of the State of California and the United <br /> States of America that the foregoing is true and correct. <br /> Executed this_st day of August, 2009, in , California. <br /> Robert McClellon <br /> 00707962.wPD 4 <br /> DECLARATION OF ROBERT MCCLELLON <br />