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FILED - 1/22/2021 4:46 PM
2019-DCL-03625 / 49965782
LAURA PEREZ-REYES
Cameron County District Clerk
By Claudia Palacios Deputy Clerk
Exhibit 2 - Materials Reviewed and/or Provided to Mazerat and Jones
Mr. Mazerat and Mr. Jones have reviewed and/or been provided with the following
materials in anticipation of their expert testimony:
Document Bates Range
Certified Laboratory Report of Forensic and Scientific
Testing, Inc. dated July 26, 2019
Kirby’s Common Procedures Manual KOM 4181 - 4441
Clean Water Invoices dated April 11, 2019 CWNY 3288-3304
Text Messages between Jimmy Crumbly and Austin Montanti CWNY 3324 - 3328
February 21, 2020 Email re. Suspension BELL 204 - 205
June 8, 2020 Email re. Revocation BELL 1424 - 1429
Attachment to Final Action of Marine Chemist Qualification BELL 1433 - 1454
Board
June 8, 2020 Final Action Letter BELL 1455-1458
February 21, 2020 Letter re. Suspension BELL 1459 - 1460
July 7, 2020 Letter re. Notice of Appeal BELL 1468 - 1501
April 2, 2020 Letter re. Additional Comments BELL 1502 - 1508
March 20, 2020 Letter re. Responses to Charges BELL 1512.0002
October 5, 2018 Sam George & Associates, LLC Audit KOM 4104 - 41111
April 29, 2019 Marine Chemist Certificate issued by James J. ISL 179 - 180
Bell
Atmospheric Testing Sheets dated between April 29, 2019 to ISL 181 - 192
May 14, 2019
Atmospheric Testing Sheet for May 14, 2019 ISL 193
Entry Permits and Atmospheric Testing for period of May 6, ISL 194 - 200
2019 to May 14, 2019
Ship Cutting Permits ISL 201 - 204
Incident Report re. May 14, 2019 Incident ISL 205 - 212
ISL Employee Handwritten Statements ISL 213 - 217
Video of Incident and Smoke from DBL 134 ISL 250
Safety Training Attendance dated May 14, 2019 ISL 612
Gas Meter Materials ISL 1342 - 1379
Marine Chemist Certificates issued by Austin Montanti of ITC 2591 - 2593
Independent Testing and Consulting, Inc.
Kirby Offshore Standard Drydock Report dated May 15, 2017 KOM 6293 - 6301
EXHIBIT
{N4161844.1} 1 2
Document Bates Range
Kirby Offshore Standard Drydock Report dated June 25, 2014 KOM 6234 - 6282
March 2017 Email from VIKING to Wycoff re: Heating Coil KOM 6307
Pipeline Test
Barge Cleaning Pre-Release Inspection KOM 6339
ABS Documents for DBL 134 KOM 3651 - 3674
October 2, 2018 Sam George Audit Checklist KOM 5039 - 5056
January 8, 2013 Master Service Agreement KOM 5320 - 5236
January/February 2019 Email from Fewell re: DBL 134 KOM 5386 - 5391
Remaining in Gas Service and Selling to Broker
January 2019 Email from Fewell re: Feelers on Foreign KOM 5337
Market
January 2019 Email from Fewell re: DBL 134 as busy barge KOM 5372 - 5373
and most recent cargoes
February 28, 2019 Email from Fewell to Whitlatch re: Plans KOM 5560
to Scrap or Lay-Up the DBL 134
March 1, 2019 Email from Fewell re: Plan to Clean and Scrap KOM 5561
the DBL 134
March 11, 2019 Email from Anderson re: Reserved Spot at KOM 5577 - 5578
Clean Water for Lay-Up Status
March 27, 2019 Email from Fewell re: Scrap Bids for DBL KOM 5622 - 5717
134
Vessel Logs for the VIKING from March 27, 2019 to KOM 4014 - 4045
April 25, 2019
March 28, 2019 Email from Fewell to Anderson re: Cleaning KOM 5724
Orders for “Safe for Shipbreaking”
March 28, 2019 Email from Fewell to Anderson and Barreiro KOM 5728
re: Confirming cleaning instructions with Clean Water
March 28, 2019 Email from Anderson re: Barge to be Gas KOM 5735
Free for ABS temporary certificates
March 28, 2019 Email from Barreiro to Fewell and Anderson KOM 5729
re: Leaking Coils and need to blow and clean again
March 28, 2019 Email from Fewell to Barreiro and Anderson KOM 5730 - 5731
re: Leave Oil in Coils
March 28, 2019 Email from Barreiro to Fewell and Anderson KOM 5732 - 5733
re: Cleaning Orders for DBL 134
March 30, 2019 Email from Barreiro re: Update on Cleaning KOM 5770 – 5772
March 29, 2019 Email from Higginbotham to Fewell re: Bid SOREC 762
of $240 GT for Vessels
{N4161844.1} 2
Document Bates Range
March 29, 2019 Email from Higginbotham to Fewell re: Re- SOREC 763 - 764
Assess Bid of $240 GT
March 29, 2019 Email from Fewell to Higginbotham re: Re- SOREC 765 - 766
Assessment of Bid
March 31, 2019 Email from Barreiro re: Update on cleaning KOM 5773 - 5775
and expediting job
April 1, 2019 Email from Barreiro to Anderson and Fewell re: KOM 5776 - 5778
update on cleaning and cost of same
April 1, 2019 Email from Barreiro re: update on cleaning KOM 5779 – 5781
April 3, 2019 Email from Barreiro to Anderson re: update on KOM 5791
cleaning and finding additional labor
April 4, 2019 Email from Barreiro to Anderson and Fewell re: KOM 5792 – 5795
update on cleaning and cost of same
April 5, 2019 Email from Barreiro to Anderson and Fewell re: KOM 5796
update on cleaning and cost of same
April 5, 2019 Email from Barreiro to Anderson re: update on KOM 5797
cleaning and additional labor
April 8, 2019 Email from Barreiro to Anderson re: update on KOM 5798
cleaning and additional labor added
April 10, 2019 Email from Fewell to Higginbotham re: KOM 5800 – 5801
confirming final bid number
April 10, 2019 Email from Higginbotham to EMR Group re: SOREC 815 – 816
final bid of $222 GT for the Vessels
April 10, 2019 Email from Barreiro to Fewell re: update on KOM 5802
cleaning, arrival of chemist, and ABS certs
April 11, 2019 Email from Barreiro to Fewell and Anderson KOM 5819
re: cleaning cost update and estimate
April 11, 2019 Email from Fewell to Williams re: proofread KOM 5805
scrap purchase and sale agreement
April 11, 2019 Email from Higginbotham to Fewell re: KOM 5804
current planned departure of the Vessels
April 12, 2019 Email from Barreiro to Fewell re: departure of KOM 5827
Vessels and chemist cert for shipbreaking
April 12, 2019 Email from O’Neil to Williams re: approval of KOM 5849 – 5850
sale of Vessels
April 12, 2019 Email from Williams to Higginbotham with KOM 5860 - 5864
attached purchase proposal
Fully Executed Purchase Agreement SOREC 1 - 4
{N4161844.1} 3
Document Bates Range
April 16, 2019 Email from Higginbotham to Fewell sending KOM 5867 - 5871
executed Purchase Agreement
April 17, 2019 Email from Fewell to Higginbotham KOM 5897 - 5902
forwarding fully executed Purchase and Sale Agreement
April 19, 2019 Email from Higginbotham to Fewell re: wire SOREC 430
of deposit to Kirby
April 26, 2019 Email from VIKING re: Liquid Load List KOM 5948-5949
May 29, 2019 Email from Higginbotham to Fewell KOM 6018 - 6021
forwarding Barrie & Associates lightweight survey
Deposition Transcript of James Fewell
Deposition Transcript of James Bell
Deposition Transcript of Christopher “Chris” Green
Deposition Transcript of Nestor Aguilar
Deposition Transcript of Corporate Representative of Clean
Water of new York, Inc.
{N4161844.1} 4
Preview
FILED - 1/22/2021 4:46 PM 2019-DCL-03625 / 49965782 LAURA PEREZ-REYES Cameron County District Clerk By Claudia Palacios Deputy Clerk Exhibit 2 - Materials Reviewed and/or Provided to Mazerat and Jones Mr. Mazerat and Mr. Jones have reviewed and/or been provided with the following materials in anticipation of their expert testimony: Document Bates Range Certified Laboratory Report of Forensic and Scientific Testing, Inc. dated July 26, 2019 Kirby’s Common Procedures Manual KOM 4181 - 4441 Clean Water Invoices dated April 11, 2019 CWNY 3288-3304 Text Messages between Jimmy Crumbly and Austin Montanti CWNY 3324 - 3328 February 21, 2020 Email re. Suspension BELL 204 - 205 June 8, 2020 Email re. Revocation BELL 1424 - 1429 Attachment to Final Action of Marine Chemist Qualification BELL 1433 - 1454 Board June 8, 2020 Final Action Letter BELL 1455-1458 February 21, 2020 Letter re. Suspension BELL 1459 - 1460 July 7, 2020 Letter re. Notice of Appeal BELL 1468 - 1501 April 2, 2020 Letter re. Additional Comments BELL 1502 - 1508 March 20, 2020 Letter re. Responses to Charges BELL 1512.0002 October 5, 2018 Sam George & Associates, LLC Audit KOM 4104 - 41111 April 29, 2019 Marine Chemist Certificate issued by James J. ISL 179 - 180 Bell Atmospheric Testing Sheets dated between April 29, 2019 to ISL 181 - 192 May 14, 2019 Atmospheric Testing Sheet for May 14, 2019 ISL 193 Entry Permits and Atmospheric Testing for period of May 6, ISL 194 - 200 2019 to May 14, 2019 Ship Cutting Permits ISL 201 - 204 Incident Report re. May 14, 2019 Incident ISL 205 - 212 ISL Employee Handwritten Statements ISL 213 - 217 Video of Incident and Smoke from DBL 134 ISL 250 Safety Training Attendance dated May 14, 2019 ISL 612 Gas Meter Materials ISL 1342 - 1379 Marine Chemist Certificates issued by Austin Montanti of ITC 2591 - 2593 Independent Testing and Consulting, Inc. Kirby Offshore Standard Drydock Report dated May 15, 2017 KOM 6293 - 6301 EXHIBIT {N4161844.1} 1 2 Document Bates Range Kirby Offshore Standard Drydock Report dated June 25, 2014 KOM 6234 - 6282 March 2017 Email from VIKING to Wycoff re: Heating Coil KOM 6307 Pipeline Test Barge Cleaning Pre-Release Inspection KOM 6339 ABS Documents for DBL 134 KOM 3651 - 3674 October 2, 2018 Sam George Audit Checklist KOM 5039 - 5056 January 8, 2013 Master Service Agreement KOM 5320 - 5236 January/February 2019 Email from Fewell re: DBL 134 KOM 5386 - 5391 Remaining in Gas Service and Selling to Broker January 2019 Email from Fewell re: Feelers on Foreign KOM 5337 Market January 2019 Email from Fewell re: DBL 134 as busy barge KOM 5372 - 5373 and most recent cargoes February 28, 2019 Email from Fewell to Whitlatch re: Plans KOM 5560 to Scrap or Lay-Up the DBL 134 March 1, 2019 Email from Fewell re: Plan to Clean and Scrap KOM 5561 the DBL 134 March 11, 2019 Email from Anderson re: Reserved Spot at KOM 5577 - 5578 Clean Water for Lay-Up Status March 27, 2019 Email from Fewell re: Scrap Bids for DBL KOM 5622 - 5717 134 Vessel Logs for the VIKING from March 27, 2019 to KOM 4014 - 4045 April 25, 2019 March 28, 2019 Email from Fewell to Anderson re: Cleaning KOM 5724 Orders for “Safe for Shipbreaking” March 28, 2019 Email from Fewell to Anderson and Barreiro KOM 5728 re: Confirming cleaning instructions with Clean Water March 28, 2019 Email from Anderson re: Barge to be Gas KOM 5735 Free for ABS temporary certificates March 28, 2019 Email from Barreiro to Fewell and Anderson KOM 5729 re: Leaking Coils and need to blow and clean again March 28, 2019 Email from Fewell to Barreiro and Anderson KOM 5730 - 5731 re: Leave Oil in Coils March 28, 2019 Email from Barreiro to Fewell and Anderson KOM 5732 - 5733 re: Cleaning Orders for DBL 134 March 30, 2019 Email from Barreiro re: Update on Cleaning KOM 5770 – 5772 March 29, 2019 Email from Higginbotham to Fewell re: Bid SOREC 762 of $240 GT for Vessels {N4161844.1} 2 Document Bates Range March 29, 2019 Email from Higginbotham to Fewell re: Re- SOREC 763 - 764 Assess Bid of $240 GT March 29, 2019 Email from Fewell to Higginbotham re: Re- SOREC 765 - 766 Assessment of Bid March 31, 2019 Email from Barreiro re: Update on cleaning KOM 5773 - 5775 and expediting job April 1, 2019 Email from Barreiro to Anderson and Fewell re: KOM 5776 - 5778 update on cleaning and cost of same April 1, 2019 Email from Barreiro re: update on cleaning KOM 5779 – 5781 April 3, 2019 Email from Barreiro to Anderson re: update on KOM 5791 cleaning and finding additional labor April 4, 2019 Email from Barreiro to Anderson and Fewell re: KOM 5792 – 5795 update on cleaning and cost of same April 5, 2019 Email from Barreiro to Anderson and Fewell re: KOM 5796 update on cleaning and cost of same April 5, 2019 Email from Barreiro to Anderson re: update on KOM 5797 cleaning and additional labor April 8, 2019 Email from Barreiro to Anderson re: update on KOM 5798 cleaning and additional labor added April 10, 2019 Email from Fewell to Higginbotham re: KOM 5800 – 5801 confirming final bid number April 10, 2019 Email from Higginbotham to EMR Group re: SOREC 815 – 816 final bid of $222 GT for the Vessels April 10, 2019 Email from Barreiro to Fewell re: update on KOM 5802 cleaning, arrival of chemist, and ABS certs April 11, 2019 Email from Barreiro to Fewell and Anderson KOM 5819 re: cleaning cost update and estimate April 11, 2019 Email from Fewell to Williams re: proofread KOM 5805 scrap purchase and sale agreement April 11, 2019 Email from Higginbotham to Fewell re: KOM 5804 current planned departure of the Vessels April 12, 2019 Email from Barreiro to Fewell re: departure of KOM 5827 Vessels and chemist cert for shipbreaking April 12, 2019 Email from O’Neil to Williams re: approval of KOM 5849 – 5850 sale of Vessels April 12, 2019 Email from Williams to Higginbotham with KOM 5860 - 5864 attached purchase proposal Fully Executed Purchase Agreement SOREC 1 - 4 {N4161844.1} 3 Document Bates Range April 16, 2019 Email from Higginbotham to Fewell sending KOM 5867 - 5871 executed Purchase Agreement April 17, 2019 Email from Fewell to Higginbotham KOM 5897 - 5902 forwarding fully executed Purchase and Sale Agreement April 19, 2019 Email from Higginbotham to Fewell re: wire SOREC 430 of deposit to Kirby April 26, 2019 Email from VIKING re: Liquid Load List KOM 5948-5949 May 29, 2019 Email from Higginbotham to Fewell KOM 6018 - 6021 forwarding Barrie & Associates lightweight survey Deposition Transcript of James Fewell Deposition Transcript of James Bell Deposition Transcript of Christopher “Chris” Green Deposition Transcript of Nestor Aguilar Deposition Transcript of Corporate Representative of Clean Water of new York, Inc. {N4161844.1} 4