Free Declaration - District Court of Delaware - Delaware

Case 1 :88-cv-00263-SLR Document 313 Filed O9/O9/2005 Page 1 of 4 I
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NATURAL RESOURCES DEFENSE COUNCIL, [NC. )
)
and DELAWARE AUDUBON SOCIETY, )
)
Plaintiffs, ) Civil Action No.
) 88-263-SLR
v. )
)
TEXACO REF INING AND MARKETING, INC. )
)
Defendant. )
DECLARATION OF DR. CHRISTOPHER K. SOMMERFIELD
I, Christopher K. Sommeriield, hereby declare as follows:
QUALIFICA TI ONS AND EXPERIENCE
1. I am an Assistant Professor of Oceanography at the University of Delaware Graduate
College of Marine Studies, Lewes, Delaware. I have a doctorate in Coastal
Oceanography and a Master’s degree in Marine Enviromnental Sciences from State
University of New York Stony Brook. I have attached my curriculum vitae for iirrther
reference. Exhibit 1.
2. I have conducted extensive research involving estuarine sedimentary processes and
radioisotope geochronology of sediments in the Delaware River. Furthermore, I am
experienced with coring techniques and radioisotope chronolo gies, and have used these
techniques to assess radioisotope profiles from samples collected from the Delaware
River. These technologies can be used to date sediments to determine the history of
deposition.
3. I am the co-author of a 2003 publication entitled Sedimentological and Geophysical
Survey ofthe Upper Delaware Estuary, which reports the results of a sedimentological
and geophysical survey of the upper Delaware Estuary conducted during 2001 through
2002 by the University of Delaware. Exhibit 2. This report was generated for use by the
Delaware River Basin Commission, and was funded in part by the Delaware Sea Grant
College Program, the National Oceanic and Atmosphere Administration and the
Delaware Department of Natural Resources and Environmental Control.

Case 1 :88-cv-00263-SLR Document 313 Filed O9/O9/2005 Page 2 of 4
4. During my University of Delaware study, approximately twenty-tive cores were collected
from the Delaware River subtidal estuary in an attempt to date the sediment column using
the radioisotope Cs-137.
5. Of the twenty-tive cores collected, only three sites displayed Cs·l37 concentrations high
enough to warrant detailed measurements, and the chronologies provided by these tluee
cores were less than ideal.
6. Through my experience and research I have found that in order for sediments to provide
an unambiguous chronological record, the following conditions must be met: (1) steady-
state sediment accumulation; (2) negligible post-deposition mixing of the sediment; and
(3) the radioisotope must be immobile in the sediment column. My studies indicate that
these requirements are not generally met within the main channel of the Delaware River.
7. Through my research I believe the Delaware River is a dynamic environment with
naturally high levels of resedimentation. This means that even after sediments settle,
they can move back into the water column, and be transported to other locations. This
phenomenon, along with other physical processes such as dredging, and storm events,
reduce the likelihood of obtaining a radioisotopic profile suitable for accurate
chronological records.
BACKGROUND
8. I was retained by the law firm of Wallace King Domike and Branson, PLLC to review a
2003 report entitled Hydrocarbon and Metal Analysis of Dated Cores from the Delaware
River Estuary (hereinafter “Skidaway Report") by Drs. Richard Lee, Clark Alexander
and Keith Maruya ofthe Skidaway Institute of Oceanography.
9. A review of the Skidaway Report indicates that attempts were made to date sediment I
cores using the following radioisotopes: Pb-210, Cs-137 and Be-7. A review ofthe
locations sampled indicates that attempts were made to acquire cores from greater than
fifty locations in the open estuary.
l0. Of the numerous samples collected by Skidaway, only two locations revealed
radioisctopic profiles that could be used to show reliable sedimentation rates. The
remaining samples and locations showed patterns consistent with what would be
expected from physically reworked bottom sediments and erosion.
CONCLUSION
1 I . Based upon my review of the Skidaway Report, I would have utilized the same
methodology to obtain and analyze samples. `
l2. It is my belief that any perceived limitation with the data is solely the result of site
conditions, and not the result of any inadequacy in the methodology or improper
implementation ofthe study.

Case 1 :88-cv-00263-SLR Document 313 Filed O9/O9/2005 Page 3 of 4
13. Notably, the results of the Skidaway Report are consistent with results that I obtained in
conducting my own research at other locations in the Delaware River estuary, and are
indicative of reworked bottom sediments and erosion.
14. Based upon my extensive knowledge of the Delaware River sedimentation processes and
pattems, as well as other research that I have personally conducted or reviewed, the
results conducted by the Skidaway Institute of Oceanography are consistent with the
types of results that would be obtained from sediment chronology studies at many
locations in the Delaware River estuary.
VERIFI CA TION
I, Christopher K. Sommeriield, declare under penalty of perjury that the foregoing is true
and correct.
All, 2055 K.
Christopher K. Sornmeriield

Case 1:88-cv-00263-SLR Document 313 Filed O9/O9/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I Meagan Ward Cascio, hereby certify that on September 9, 2005 I
electronically filed DECLARATION OF DR. CHRISTOPHER K. SOMMERFIELD
with the Clerk of Court using CM/ECF, which will send notification of such fi1ing(s) to the
following:
C. Scott Reese, Esquire
Cooch & Taylor
824 N. Market Street
Suite 1000
P.O. Box 1680
Wilmington, DE 19899-1680
I also certify that copies were caused to be served on September 9, 2005
upon the following in the manner indicated:
BY HAND DELIVERY:
C. Scott Reese, Esquire
Cooch & Taylor
824 N. Market Street
Suite 1000
P.O. Box 1680
Wilmington, DE 19899-1680
BY FEDERAL EXPRESS
Mitchell S. Bernard, Esquire
Nancy S. Marks, Esquire
Amelia Toledo, Esquire
Natural Resources Defense Council
40 West 20th Street
New York, New York 10011
/s/ Megan Ward Cascio
Megan Ward Cascio (#3785)
1201 N. Market Street
P. O. Box 1347
Wilmington, DE 19899-1347
[email protected]
Attomeys for Defendant