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1 <br /> secondary lagoon where it was deposited.The trucks left a trail of material,through spillage as they <br /> 2 <br /> 3 traveled around the lagoon. The spillage was contained to the lagoon area.There was no spillage on <br /> 4 the main drive or near any of the exits. It appears that none of the material left the site. I was onsite <br /> 5 on Monday, June 8, 2009, to check the site status. The excavator was still onsite, but was near the <br /> 6 southern end of the pond where it had started.It appeared that the excavation of the lagoon would be <br /> 7 completed on that day. When I returned to the site on June 12,2009,the excavation equipment and <br /> 8 the trucks were not present. <br /> 9 12. After the conclusion of the work on June 8,2009,I continued to visit the Olivera Egg <br /> 10 <br /> Ranch two times per week for a period of approximately two weeks. I would visit for periods of time <br /> 11_ <br /> up to one hour. The purpose of my visits was to check the status of the site.I was concerned with fly <br /> 12 <br /> 13 breeding and odors and to a lesser extent the drying of the manure and grit removed from the lagoon. <br /> 14 I was able to find fly breeding in both the manure and grit that was removed from the lagoon and at <br /> 15 the lagoons edge. I directed Mr.Olivera to apply fly control measures.In both of the instances when <br /> 16 fly breeding was observed,Mr. Olivera was responsive to my direction. <br /> 17 13. I was concerned that the excavation activity would agitate the lagoon water and create <br /> 18 an odor event for the nearby neighbors. I wanted to be active in monitoring the lagoon excavation <br /> 19 activity in case the neighbors called with concerns and to ensure that the site operations did not create <br /> 20 nuisance conditions due to inattention. <br /> 21 <br /> I declare under penalty of perjury under the laws of the State of California and the United <br /> 22 t <br /> States of America that the foregoing is true and correct. <br /> 23 <br /> Executed this 7th day of August, 2009, in Stockton,California. <br /> 24 n , <br /> 25 Robert MccClellllon <br /> 26 <br /> 27 <br /> 28 00707962.WPD 4 <br /> W 0 F TEN S C O T T <br /> 350 University Ave,.,Suite 200 DECLARATION OF ROBERT MCCLELLON <br /> Sac—tu,CA 95825 <br /> TEL:916.929.1481 <br /> FAX:916.927.3706 <br /> www.porterscolt.com <br />