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1 <br /> 2 7. At no point during my discussions with Mr, Olivera was there ever any mention of <br /> 3 litigation with Plaintiffs. <br /> 4 8, The purpose of the operation to dredge the manure lagoon was to increase lagoon <br /> 5 volume, improve lagoon health and reduce the odors over time,an issue of immediate importance to <br /> 6 the local residents and the Environmental Health Department. <br /> 7 9. It is my recollection that the Mr.Olivera did not want to start work on the lagoon until <br /> 8 after the Memorial Day holiday,May 25,2009,due to concerns that it might cause additional impacts <br /> 9 to the neighbors during the holiday. <br /> 10 <br /> 10. Mr, Olivera's initial plan required new PVC piping to be installed to extend the <br /> 11 <br /> discharge points of manure from the southern end of the lagoon to the northern portion of the lagoon. <br /> 12 <br /> 13 <br /> The affect was a discharge of manure into a more northern location of the lagoon,in an attempt to de- <br /> 14 water the southern end of the lagoon. Other than the new PVC extensions,the existing PVC piping <br /> 15 remained intact. Mr.Olivera's plan included being able to operate equipment inside the lagoon to do <br /> 16 a more complete removal of the manure and grit (reach the manure and grit in the center of the <br /> 17 lagoon). The excavation began in the southern end of the lagoon and soon after it was determined that <br /> 18 the lagoon contained more liquid than originally thought. The site operation was scaled back to <br /> 19 include excavation around the edges of the lagoon only. The manure and grit in the center of the pond <br /> 20 would have to remain. <br /> 21 <br /> 11. I was present at the Olivera ranch on Tuesday, June 2, 2009, when the operation to <br /> 22 <br /> dredge the manure lagoon of sludge and grit began. Initially, only the excavator was onsite, I <br /> 23 <br /> 24 observed sludge and grit removed from the manure lagoon and placed in an area south of the lagoon <br /> 25 that was bermed, I returned on June 3,and June 5,2009,to check the status of the excavation process <br /> 26 and to check for fly breeding and odors. During the site visits, I was able to observe the excavator <br /> 27 place the very liquid-like material in the dump trucks,and the dump trucks carrying the material to the <br /> 28 00707962,WPD 3 <br /> W o R T 8 R S C O T T <br /> 350 University Ave`,Suite 200 DECLARATION OF ROBERT MCCLELLON <br /> Sacramrnto,CA 95825 <br /> TEL:976.929.1481 <br /> FAX:916.927.3706 <br /> www porter-11,com <br />