Coastal geologist James Kirby also swore in an

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Friday, September 7, 2012
Declaration of James H Kirby III
Since April 20, 2010, my work as a coastal geologist has been focused on the effects of
oil pollution on the coastline of the northern Gulf of Mexico. Specifically, my area of
research extended from Cape San Blas in Florida to Waveland, Mississippi. My
research and investigation work remains ongoing and has continued without interruption
since that date.
During this time frame, I collected sediment and water samples from areas known to be
contaminated with crude oil. These areas included surface portions of the active beach,
dunes, adjacent parking lots to beach access routes, near shore shallow waters using
snorkel equipment, and near shore deeper waters using SCUBA equipment. In
addition, I collected sediment samples from the bay area beaches near navigation
channel entry points as well as harbor slips along the ICW. Infrastructure such as
walkways, hotels, parking lots, restaurants, and public recreation facilities such as
latrines, picnic pavilions and tables were also inspected for signs of contamination.
Imagery of the suspected contamination was collected along with the physical sample.
The primary investigation tool used for these inspections was a handheld ultraviolet
light. This professional equipment would illuminate hydrocarbon material to create a
fluorescent response sufficiently unique enough to warrant further examination and
confirmation by physical characteristic and laboratory analysis of the nature of the
hydrocarbon material. Fluorescent response imagery was recorded in situ and under
laboratory conditions so that comparisons of the wavelength could be determined for
accuracy.
During the time frame of my investigation and research into the effects of oil
contamination of shoreline sediment, there was a consistent fluorescent response to UV
light illumination that corresponded to a positive laboratory analysis confirming the
presence of tar product toxicants in the hydrocarbon samples recovered along the
shoreline. Specifically, following Tropical Storm Debbie in late June, samples of tar
product were collected at the following five locations:
1.
2.
3.
4.
5.
6.
Stallworth Lake public beach access ramp, South Walton County, Florida
Pensacola Beach, Florida
Perdido Key, Gulf Islands National Seashore, Florida
Orange Beach, Alabama
Waveland, Mississippi (sample L1175416-5)
Waveland, Mississippi
Of these six samples, all tested positive for carcinogenic PAH compounds. All five
locations had tar product that was fingerprinted and confirmed as sourced from MC252
crude oil by a certified chemical analysis laboratory. Sample number five was not a tar
ball and did not fingerprint to MC252 crude oil. However, it did show a fluorescent
response consistent with the treatment of Corexit brand dispersants on hydrocarbon
material.
Friday, September 7, 2012
Following Hurricane Issac, a post-storm investigation conducted on August 30th, 2012,
of the sediment conditions on the beaches in Orange Beach, Alabama and Perdido Key,
Florida showed a widespread, homogeneous mix of oil coated sand grains across the
face of the active beach. The flat beach morphology indicated that post storm wave
shaping of the beach had not begun to occur yet.
On September 2nd, 2012, the beach morphology displayed classic signs of active
beach scarp, shell hash deposits as part of wave run-up wrack lines, and beach cusps.
Tar product in the form of tar patties, flakes, and lumps, were found extensively
distributed within the shell hash deposits with visually identifiable tar product every 6-8
inches. In addition, fresh wind blown sand was being deposited along the back beach
in leeward reaches of vegetation, poles, posts, beach chairs and trash cans. UV light
investigation of these deposits revealed oil coated sand grains were being transported
within this eolian sediment load.
On September 4th, 2012 I investigated the beach at Stallworth Lake beach in South
Walton County, Florida and found shell hash deposits within the extensive sargassum
weed deposits on the beach. In the shell hash deposits, tar product was found.
In all cases of post-Hurricane Issac investigations of tar product found on the beaches
affected by Hurricane Issac’s wave action, I found tar product that matched the physical
characteristics of the tar product collected post-Tropical Storm Debbie and that tar
product was positively fingerprinted as being sourced from MC252 crude oil.
Laboratory analysis of the tar product I collected post-Tropical Storm Debbie reports
distinct and toxic levels of multiple PAH compounds exist. Further, the analysis shows
the provenance of the tar product collected to be MC252. Tar product collected postHurricane Issac displayed identical physical characteristics, including fluorescent
response to UV light, that comport with laboratory samples of tar product created from
MC252 crude oil and Corexit brand dispersants. Given the similarity between samples
of tar product collected after TS Debbie and Hurricane Issac, I would conclude that the
tar product collected after Hurricane Issac has an extremely high probability of being
identified as sourced from MC252 crude oil.
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