COMES NOW, resident of Heatherla, Arlington, County of Arlington, State of Virginia and who makes this her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of her knowledge:
1. I am a resident of Heatherlea of Arlington, a condominium community located at the corners of Walter Reed and Arlington Mill Drives in Arlington, Virginia.
2. On May 9, 2014 on Heatherlea property adjacent to 4544 A, at approximately 1:38PM I observed an individual, wearing a plastic “container” on his back, spraying a substance on plant life.
3. At the same time I noticed my neighbor and her dog, in close proximity to the area where the individual was spraying the substance.
4. Because I had not received notice of a pesticide application as required by state law, and the Association has agreed not to spray pesticides in that location, I approached the individual and asked him what he was doing.
5. At that time, I was in the treatment area, directly next to the individual spraying the substance.
6. The individual spraying the substance did nothing to prevent me from entering the treatment area.
7. I was wearing shorts and a t-shirt when in the treatment area.
8. The individual responded to my inquiry stating that he was killing weeds.
9. At that point, I backed away from the applicator and contacted Heatherlea Property Management to instruct them to immediately stop spraying pesticides as agreed.
10. Kim O’Halloran-Perez, the Heatherlea Association’s attorney confirmed the substance being sprayed was LESCO Prosecutor Pro Non-Selective Herbicide, a pesticide.
11. The landscaping contractor responsible for the application is ValleyCrest Landscape Maintenance, Inc., 5019 Davis Ford Road, Woodbridge, VA 22193, 703-670-3088.
13. Immediately after the application was completed, I observed various individuals and pets on treatment areas before the pesticide had dried.