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e . r 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, 2009, to check the site status. The excavator was still onsite, but was near the southern end of the pond where it had started.It appeared that the excavation of the lagoon would be completed on that day. When I returned to the site on June 12,2009,the excavation equipment and the trucks were not present. 12. After the conclusion of the work on June 8,2009,I continued to visit the Olivera Egg Ranch two times per week for a period of approximately two weeks. I would visit for periods of time up to one hour. The purpose of my visits was to check the status of the site.I was concerned with fly breeding and odors and to a lesser extent the drying of the manure and grit removed from the lagoon. I was able to find fly breeding in both the manure and grit that was removed from the lagoon and at the lagoons edge. I directed Mr.Olivera to apply fly control measures.In both of the instances when fly breeding was observed, Mr. Olivera was responsive to my direction. 13. I was concerned that the excavation activity would agitate the lagoon water and create an odor event for the nearby neighbors. I wanted to be active in monitoring the lagoon excavation activity in case the neighbors called with concerns and to ensure that the site operations did not create nuisance conditions due to inattention. I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Executed this 7th day of August, 2009, in Stockton, California. Robert McClellon 00707962.wPD 4 DECLARATION OF ROBERT MCCLELLON