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1 APPEARANCES: 1
2 O'DONNELL & ASSOCIATES ALSO PRESENT IN ATTENDANCE (CONTINUED):
(BY: PIERCE O'DONNELL, ESQ.) 2
3 Suite 1000 3 STONE PIGMAN WALTHER WITTMANN
550 Hope Street (BY: HEATHER LONIAN, ESQ.
4 Los Angeles, California 90071-2627 4 WILLIAM D. TREEBY, ESQ.)
ATTORNEYS FOR ROBINSON PLAINTIFFS 546 Carondelet Street
5 5 New Orleans, Louisiana 70130-3588
6 ATTORNEYS FOR WASHINGTON GROUP
UNITED STATES DEPARTMENT OF JUSTICE 6 INTERNATIONAL, INC.
7 TORTS BRANCH, CIVIL DIVISION 7
(BY: ROBIN D. SMITH, ESQ.) MCCRANIE, SISTRUNK, ANZELMO, HARDY,
8 Room 8095N 8 MAXWELL & MCDANIEL
1331 Pennsylvania Avenue NW (BY: THOMAS P. ANZELMO, ESQ.)
9 Washington, D.C. 20530 9 Suite 800
ATTORNEYS FOR UNITED STATES 3445 North Causeway Blvd.
10 10 Metairie, Louisiana 70002
11 LAW OFFICES OF JOSEPH M. BRUNO ATTORNEYS FOR THE BOARD OF
(BY: JOSEPH M. BRUNO, ESQ.) 11 COMMISSIONERS FOR THE ORLEANS LEVEE
12 FLORIAN BUCHLER, ESQ.) DISTRICT
855 Baronne Street
12
13 New Orleans, Louisiana 70113
13 BURGLASS & TANKERSLEY
PLAINTIFF LIAISON COUNSEL (BY: MONICA WALDRON, ESQ.)
14 14 5213 Airline Drive
15 ANDRY LAW FIRM Metairie, Louisiana 70001
15 ATTORNEYS FOR JEFFERSON PARISH
(BY: JONATHAN B. ANDRY, ESQ.)
16
16 610 Baronne St.
DEGAN, BLANCHARD & NASH
New Orleans, Louisiana 70113
17 (BY: DAVID DYER, ESQ.
17 ATTORNEYS FOR PLAINTIFFS
18 FRANK LUPO, ESQ.)
18 Suite 2600
19
400 Poydras Street
------------------------------- 19 New Orleans, Louisiana 70130
20
ATTORNEYS FOR OC CORPS
ALSO PRESENT IN ATTENDANCE: 20
21 21 CHAFFE, MCCALL
LAMBERT & NELSON (BY: PARKER HARRISON, ESQ.)
22 (BY: LINDA NELSON, ESQ. 22 Suite 2300 Energy Centre
701 Magazine Street 1100 Poydras Street
23 New Orleans, Louisiana 70130 23 New Orleans, Louisiana 70163
ATTORNEYS FOR THE PLAINTIFFS ATTORNEYS FOR LAFARGE NORTH AMERICA
24 24
25 25
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E X H I B I T I N D E X (CONTINUED)
1 STIPULATION 1
PAGE
2 2 33........................................ 357
Exhibit Number 34......................... 360
3 It is stipulated and agreed by and between 3 35........................................ 362
Number 36................................. 364
4 counsel for the parties hereto 4 Exhibit 37................................ 365
Exhibit 38................................ 374
5 that the deposition of the aforementioned 5 39........................................ 375
6 witness is hereby being taken under the 40........................................ 375
6 Exhibit 41................................ 376
7 Federal Rules of Civil Procedure, 30 (b)(6), 42........................................ 376
7 Exhibit 43................................ 377
8 for all purposes, in accordance with law; Exhibit 44................................ 379
45........................................ 381
9 That the formalities of reading and 8
Exhibit 46................................ 382
10 signing are specifically not waived; 9 Exhibit 47................................ 385
Number 48................................. 388
11 That the formalities of certification and 10 Exhibit 49................................ 391
Exhibit 50................................ 399
12 filing are specifically waived; 11 Number 51................................. 402
Exhibit 52................................ 406
13 That all objections, save those as to the 12 53........................................ 411
14 form of the question and the responsiveness of 13
Exhibit 54................................ 415
Exhibit 55................................ 416
15 the answer, are hereby reserved until such Exhibit 56................................ 417
14 57........................................ 418
16 time as this deposition, or any part thereof, 58.........................................420
59........................................ 421
may be used or sought to be used in evidence.
15
17 60........................................ 424
18 16 Number 61................................. 425
Number 62................................. 426
19 * * * * 17 Exhibit Number 63......................... 428
Exhibit 64................................ 474
20 18 Exhibit 65................................ 503
Exhibit 66................................ 507
21 ROGER D. JOHNS, RDR, CRR, Certified Court 19 67........................................ 510
22 Reporter for the State of Louisiana, 20
Exhibit Number 68......................... 514
Exhibit Number 69......................... 514
23 officiated in administering the oath to the 21
22
24 witness. 23
24
25 25
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1 Q. And what's your position? 1 project under the Lake Pontchartrain and
2 A. Chief of Engineering Division. 2 Vicinity Hurricane Protection Act or the Flood
3 Q. For the New Orleans District? 3 Control Act of 1965? Did you work on any of
4 A. Yes, sir. 4 those structures?
5 Q. How long have you held that 5 A. Okay. You lost me a little bit on
6 position? 6 your question. You started with New Orleans
7 A. Since December of 2002. 7 East --
8 Q. How long have you worked for the 8 Q. Let's go back. In October, 1965
9 Corps? 9 Congress passed, the President signed, the
10 A. Oh, I started in '74 as a part time 10 Flood Control Act of 1965. You're generally
11 student, but my official start date full time 11 familiar with that?
12 is January, '77. 12 A. Generally.
13 Q. Okay. 1977. Has it all been in the 13 Q. That's all I need, is general.
14 New Orleans District? 14 A. Not details.
15 A. Yes. 15 Q. And that Act authorized certain
16 Q. Okay. And do you hold any degrees? 16 flood structures to be designed in greater New
17 A. Yes, I do. 17 Orleans. Will you accept that?
18 Q. What are they? 18 A. Yes.
19 A. B.S. from the University of New 19 Q. Okay. Did you work on any of those
20 Orleans in civil engineering and a Master's of 20 structures?
21 engineering from Tulane University. 21 A. I -- I worked on London Avenue
22 Q. Do you have any specialty in your 22 structures and the butterfly valve structure
23 Master's area? 23 out there also.
24 A. Civil engineering, structural. 24 Q. Okay. And the butterfly valve was
25 Structural work. 25 on London Avenue?
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1 some local interest structures; I had an 1 under the Flood Control Act of '65?
2 Environmental Group that dealt with HTRW and 2 A. We had active projects. I don't
3 support for other organizations. 3 recall if we actually constructed anything in
4 Q. HTRW? 4 those areas at that time.
5 A. Hazardous, toxic, radioactive, waste 5 Q. When did you take on another job?
6 type situations or projects. Some Superfund 6 A. December, 2002 I took over the Chief
7 projects we actually worked on. And my last 7 of Engineering position.
8 item there was what we call the General Design 8 Q. And what are your responsibilities
9 Group, which was support to Operations, and 9 as the Chief Engineer?
10 that could include guide walls along the 10 A. Programmatic. Oversight of the
11 locks, buildings, anything they wanted to -- 11 engineering program. Personnel,
12 anything damaged or improvements. And also 12 organizational management of the workforce.
13 some remedial work, some maintenance work 13 We have approximately 250 to 300 employees
14 along the MRGO with the foreshore dikes. 14 depending on how full we are at particular
15 And we also did some work 15 times.
16 associated with the QUIPR program in creating 16 Q. So anything of an engineering nature
17 marsh. 17 being done in the New Orleans District that
18 Q. How long were you the Section Chief 18 you were the Chief Engineer on?
19 of Generally Engineering? 19 A. I don't understand.
20 A. About five and a half years. 20 Q. Withdrawn. Were there activities in
21 Q. To about 2000? 21 the New Orleans District that the Chief
22 A. Right around 2000, yes. 22 Engineer is not responsible for from 2000
23 Q. And after that? 23 through the present?
24 A. I moved to what we call Civil Branch 24 A. From an engineering perspective?
25 as the Branch Chief. And in that job I had 25 Q. Yes.
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1 Q. You were really caught in the 1 Q. Would you just read the first
2 hallway by Robin Smith. 2 sentence for me? I want to ask you a couple
3 I want to ask you a few questions 3 of questions about it.
4 about this. 4 A. Okay. "The term 'levee' as used
5 A. Yeah. 5 herein is defined as an embankment whose
6 Q. Can you tell me under what 6 primary purpose is to furnish flood protection
7 circumstances -- Withdrawn. Does the manual, 7 from seasonal high water and which is,
8 and when I refer to "the manual" I am 8 therefore, subject to water loading for
9 referring to the one in front of you, Exhibit 9 periods of only a few days or weeks a year."
10 Number 2. Does the design and construction of 10 Q. Read the next sentence, too, if you
11 levees manual, the 1978 version, tell the 11 would, please.
12 field under what circumstances this manual 12 A. "Embankments that are subject to
13 should be followed when you're dealing with 13 water loading for prolonged periods,"
14 construction of earth levees? 14 parentheses, "longer than normal flood
15 A. Well, I think it will say that it 15 protection requirements, or permanently,
16 applies to all civil works projects, and 16 should be designed in accordance with earth
17 that's provided as guidance, but to the field 17 dam criteria rather than the levee criteria
18 for implementing those projects, but it's not 18 given herein."
19 meant to replace the judgment of the engineers 19 Q. Okay. Do you know what seasonal
20 or particular site conditions that you may 20 high water is?
21 encounter. 21 A. I don't know if I have a precise
22 Q. And that's summarized in point 3 on 22 definition for it, but I think they are
23 page 2 right, under "General"? 23 referring to flooding associated with maybe --
24 A. Yes. 24 in my area of the woods, I would relate the
25 Q. "This manual is intended as a guide 25 Mississippi River to seasonal flooding. You
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1 for designing and constructing levees and not 1 know, you have a flood season.
2 intended to replace the judgment of design 2 Q. Okay. Where the water is higher
3 engineer on a particular project"? 3 than normal?
4 A. Yes. 4 A. Yes. And stays there for some
5 Q. And that's sort of a coda or general 5 period of time.
6 rule for all of these manuals that the Corps 6 Q. Okay. Do you know whether the
7 issues; correct? 7 definition of "levee" in 1-A, the first
8 A. Yes. 8 sentence, deals with hurricane flood
9 Q. Let's go to page 1-2 if you would, 9 protection?
10 please. I'm sorry, 1-1. And to the extent 10 MR. SMITH:
11 there's handwriting on the document, I 11 I'm sorry, Pierce, you said
12 apologize. That's my handwriting. 12 "1-A". You mean "A-1"?
13 MR. O'DONNELL: 13 MR. O'DONNELL:
14 And I will stipulate, Robin, it 14 I meant A-1. Forgive me.
15 was not part of the original. Okay? 15 EXAMINATION BY MR. O'DONNELL:
16 MR. SMITH: 16 Q. The first sentence you read to me,
17 Agreed. 17 okay?
18 MR. O'DONNELL: 18 A. Uh-huh (affirmatively).
19 Okay. Or underlining. 19 Q. "To furnish flood protection from
20 EXAMINATION BY MR. O'DONNELL: 20 seasonal high water," et cetera, does that
21 Q. You see under 1-5, "General 21 apply to hurricane flood protection or
22 considerations", A, "General", in number 1 22 something else? Or both?
23 there's a definition of "levee". Do you see 23 A. That's difficult for me to answer.
24 that? 24 I -- I don't think there is an engineering
25 A. Uh-huh (affirmatively), yes. 25 manual on levees for hurricane protection. So
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1 A. Certainly for a hurricane it could 1 data, then you would come up with design
2 be just a matter of hours or a day. 2 properties; and those design properties would
3 Q. But for a river, it's as long as it 3 be reflective of somewhat of a conservative
4 takes to fix the breach; right? 4 nature.
5 A. No. Well, I don't think it's 5 Q. So you determine, just in essence,
6 referring to a breach. I think they're 6 you determine the nature of the soils that
7 referring to the nature of how long the water 7 were used and then design the structure
8 -- the levee is required to hold back the 8 appropriate for that kind of, say, --
9 water at those elevated elevations. 9 A. Yes.
10 Q. How long the water is loaded at the 10 Q. -- high water content soil or
11 higher elevations? 11 whatever; right?
12 A. Yes. 12 A. Yes.
13 Q. Got you. Okay. Great. 13 Q. Okay. Great. Page 1-2 has Table
14 In number 2, A-2, they talk about 14 1-1, "General design procedure", and I
15 the similarities and differences between an 15 understand that those are the recommended
16 earth dam and a levee. Do you see that? 16 steps to follow in designing and then
17 A. Yes. 17 constructing a levee?
18 Q. And under C it says, quote, "Borrow 18 A. Yeah. Generally, yes.
19 is generally obtained from shallow pits or 19 Q. Okay. Item 6 says "Analyze each
20 from channels excavated adjacent to the 20 trial section as needed for", and then certain
21 levee." Do you see that? 21 things. What's a trial section?
22 A. Uh-huh (affirmatively). 22 A. The geotech engineer will develop a
23 Q. Is that a description of a levee or 23 cross section of what the levee's geometry
24 an earth dam? Do you know? 24 would look like, and that would include the
25 A. I don't know. I would have to read 25 adjacent lands, borrow pits, canals, wetlands,
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1 whatever it may be, and then they would 1 eight, ten, twelve, 20 feet, whatever, of
2 perform geotechnical analysis in the 2 embankment; correct?
3 categories that are listed here with -- 3 A. That's correct.
4 regarding seepage and slope stability and 4 Q. So they want the trial section to be
5 overall settlement of what -- what's 5 analyzed for under-seepage and through
6 envisioned in going into that design section. 6 seepage; right?
7 That would include the materials and the 7 A. Yes.
8 methods of placement. 8 Q. Let's go to C. What's settlement?
9 Q. Under 6-A the guideline says 9 A. Settlement, when you build levees in
10 "Analyze each trial section as needed for, A, 10 south Louisiana, you're increasing the
11 under-seepage and through seepage". Do you 11 pressure on the natural ground, so you're
12 see that? 12 consolidating or compressing that material.
13 A. Yes. 13 You are also going to have consolidation of
14 Q. What is under-seepage? 14 material that you are putting in place. So
15 A. I think -- I believe that's -- Well, 15 you have got two components. And that levee's
16 I am not going to say "I believe". What 16 going to come down in time.
17 they're referencing is seepage beneath the 17 Q. It's just the natural order of
18 levee itself. You have in situ natural 18 things in southeast Louisiana?
19 materials that are part of the overall levee 19 A. Yes. And geotechnical --
20 section, and then through seepage would be 20 geotechnical engineers will calculate the
21 through the levee embankment that you're 21 anticipated rates of settlement and -- in
22 constructing. 22 designing the overall section.
23 Q. So when water is loaded against the 23 Q. I understand there's two types of
24 side of the embankment, depending on the 24 lowering. There's first in situ, the ground
25 materials used, compaction and other factors, 25 being, say, spongy or porous, the heavy weight
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1 water might seep underneath the structure, 1 of the embankment pushes it down? Correct?
2 right, because, say, it's organic or porous 2 A. Yes.
3 soil; right? 3 Q. Is that called settlement or
4 A. (Witness nods head affirmatively.) 4 subsidence?
5 Q. You have to say "yes". 5 A. I would call that settlement.
6 MR. SMITH: 6 Q. Okay. And within the structure
7 You have to answer verbally. 7 itself, there being somewhat porous soils or
8 THE WITNESS: 8 water-containing soils, there's also a
9 Okay. Yes, it's going to find -- 9 compaction that occurs there as well. Is that
10 It can track -- It's going to try to 10 right?
11 find a path beneath the levee. 11 A. Yes.
12 EXAMINATION BY MR. O'DONNELL: 12 Q. You call that subsidence or
13 Q. Right. Water seeks its lowest 13 settlement?
14 level? 14 A. Settlement.
15 A. Or its highest level. 15 Q. So there's two species of
16 Q. Or least resistance? 16 settlement?
17 A. Yeah. 17 A. Yes.
18 Q. So if it can get underneath, it 18 Q. And they want the trial section to
19 will; right? 19 be analyzed for that as well; right?
20 A. Yes. 20 A. Yes.
21 Q. Because of porosity or whatever; 21 Q. So as I understand it in southeast
22 right? 22 Louisiana, when you design a flood levee,
23 A. Yes. 23 there is a margin or safety factor, or design
24 Q. And also there's a concern whether 24 factor -- there's a design factor included for
25 the water will actually go through the six, 25 the estimated settlement; correct?
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1 Q. Okay. Do you agree that the area of 1 Q. How deep do the borings go? Do you
2 Reach 1 and Reach 2 of MRGO involves high 2 know?
3 property values? 3 A. Well, the geologist would work with
4 A. Yes, an urban area. 4 the geotechnical engineer and they would look
5 Q. High land use? 5 at the geology of the area and they would make
6 A. Yes. 6 a determination as to how far they had to go
7 Q. What were the foundation conditions? 7 based upon that geology.
8 A. Poor, very poor. 8 Q. And what's the determinative of how
9 Q. Okay. On 1-3, under B-1, there's a 9 far they, quote, "had to go", unquote?
10 characterization of levee types according to 10 A. That's hard to answer in general
11 location. Do you see that? 11 terms. If you were looking at a levee
12 A. Yes. 12 foundation, you are looking for all the layers
13 Q. And under 1, there's urban levees? 13 that would be significant in that stability
14 A. Yes. 14 and seepage analysis; so you could have
15 Q. And in the area I just described, 15 failure planes from the surface to many feet
16 Reach 1 and Reach 2 of the MRGO, would they be 16 below the surface and you would have to make a
17 urban levees? 17 determination as to where you think that may
18 A. Yes. 18 occur. You also have the seepage concerns and
19 Q. I just want to go through the 19 the consolidation that you have to deal with.
20 progression for a few minutes. Chapter 2, 20 So that would be one aspect.
21 page 2-1, discusses field investigations. Do 21 When you are looking at a
22 you see that? 22 structural foundation, you have to envision
23 A. Yes. 23 how far you may have to drive piles beneath
24 Q. And I understand there's two stages, 24 that structure to make sure that you encompass
25 preliminary and final? 25 that entire area.
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1 Q. Okay. Page 2-6 talks about the 1 Q. How about clay? Is clay a fine
2 depth of borings. Do you see that? Item B? 2 grain?
3 A. Yes. 3 A. Sure.
4 Q. It says they should be at least 4 Q. Okay.
5 equal to the height of the level, but not less 5 A. Well, yeah, clay can be fine grain,
6 than ten feet. Do you see that? 6 yes.
7 A. Yes. 7 Q. Okay. Fine. So fine grain is sort
8 Q. Section 3 of this portion, page 2-9, 8 of a generic descriptor for how soils are
9 is field testing. Do you see that? 9 measured, the fineness of the soil?
10 A. Yes. 10 A. Uh-huh (affirmatively). Yeah.
11 Q. What's the purpose of field 11 Q. It doesn't mean they're really good
12 testing? 12 soils like "fine", just how they're --
13 A. This -- Again, this is -- I captured 13 A. Right.
14 this earlier with the geotechnical testing 14 Q. Okay. And within the universe of
15 program. This is just a component of that. 15 fine grain soils, there are some that are more
16 In this paragraph, though, -- Let me look at 16 water -- have more water content than others;
17 it before I finish. 17 correct?
18 Q. There's a table 2-5. 18 A. Yes.
19 A. There are additional tests that can 19 Q. Okay. And is that part of the
20 be taken in addition to the boring program. I 20 gradation of soil besides the fineness of the
21 don't know -- I don't know how the vein shear 21 grain, the water content?
22 was used back in that time period. 22 A. That's one of the properties that's
23 Q. What is vein shear? 23 considered.
24 A. I really don't have the expertise to 24 Q. Does this manual suggest an ideal
25 tell you that. 25 soil for building levees in the region of
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1 We'll take a break. Okay? 1 another factor they take into account?
2 VIDEO OPERATOR: 2 A. It's taken into account for the
3 Off the record. 3 height of the levee, yes.
4 (Whereupon a discussion was held 4 Q. Okay. So the velocity of the water
5 off the record.) 5 coming up against the embankment is not a
6 VIDEO OPERATOR: 6 factor, because you're saying it's static?
7 On the record. 7 A. The -- I don't know that the
8 EXAMINATION BY MR. O'DONNELL: 8 velocity is analyzed to compute an X number of
9 Q. I asked you before the break what 9 feet per second --
10 compaction tests are. Can you tell us? 10 Q. Okay.
11 A. Compaction tests are measuring that 11 A. -- and in that detail. I do know
12 particular material at -- I believe, and again 12 they talk about the suitability of grass as
13 I am not an expert in this area, but I believe 13 far as for a covering.
14 they're measuring how well you can compact the 14 Q. All right. Because a smooth flowing
15 material. And probably looking at some 15 stream that has an earthen embankment has the
16 variations in moisture and other things that 16 same, quote, load, unquote, as a rapidly
17 could affect the compaction. 17 moving stream in terms of load being the
18 Q. And that would be an important 18 weight placed against the structure; correct?
19 factor, for example, when you're trying to 19 A. Uh-huh (affirmatively.)
20 estimate settlement? How much the soils 20 Q. But if it's a hurricane surge or
21 compact? 21 rapidly flowing water, there might be other
22 A. I -- I don't know that. 22 considerations such as potential erosion,
23 Q. Okay. 23 boiling, churning and all of those things that
24 A. I think it's more of your placement 24 would be taken into account to design like
25 that you're looking at. 25 such things as you suggested as protective
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1 Q. Well, after soils are compacted, you 1 armoring or whatever? Is that fair to say?
2 would still expect in this region, we're 2 A. It's -- It's fair to say it's
3 talking about for Reach 1, Reach 2, there to 3 considered.
4 be settlement; correct? 4 Q. Okay. Fine.
5 A. Yes. 5 A. Yes.
6 Q. Okay. Let me ask you a question. 6 Q. On 3-1 of the exhibit we're looking
7 Back earlier on page 1-1, 1-5 A-1, we were 7 at, there's a section 2 and now we see a new
8 looking at the definition of "levee". 8 term, "coarse grain soils". Do you see that?
9 A. Uh-huh (affirmatively). 9 A. No.
10 Q. You see that? 10 Q. Page 3-11. I'm sorry. I am going
11 A. Yes. 11 back to where we left off. 3-11. Coarse
12 Q. And a factor that was indicated 12 grain soils.
13 there was water loading for prolonged 13 A. Yes.
14 periods? Do you see that? 14 Q. Do you see that?
15 A. Yes. 15 A. Uh-huh (affirmatively).
16 Q. In terms of what is a levee, is 16 Q. Now, we saw there was something
17 severity of the load also a factor that the 17 described as fine grain soils. Now we see
18 engineers in the field take into account? 18 something called coarse grain soils. Can you
19 A. I'm not sure what you're talking 19 tell me what they are?
20 about, "severity". Water loading, it's a 20 A. I would put those more in the line
21 fairly static load. 21 of sandy materials.
22 Q. So -- 22 Q. And sandy materials are common in
23 A. The water load itself. 23 the area of Reach 1 and Reach 2 of the MRGO;
24 Q. So the water load -- Okay. What 24 right?
25 about wave -- wave and run-up? Is that 25 A. I don't know that.
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1 Q. Okay. You have never studied that? 1 Q. So are coarse grain soils more
2 A. No. Not in that detail. 2 preferable?
3 Q. Okay. Great. 3-9 on this page 3-11 3 A. No, I would say not.
4 has a concept or a term known as 4 Q. What is?
5 permeability. Do you see that? 5 A. A good clay is the most preferable
6 A. Yes. 6 material.
7 Q. What is permeability? 7 Q. Is good clay common in the area of
8 A. It's the ability of water to move 8 Reach 2 and Reach 1?
9 through a particular layer of material or type 9 A. There's -- There's some clay out
10 of material based as a result of a head trying 10 there. Some of it may be good and some of it
11 to force that water to equalize. So you have 11 may not.
12 movement of water through the material. 12 Q. Okay. There's also in this sentence
13 Q. Okay. Let's go to chapter 4, which 13 the words "highly organic soils." What are
14 is on page 4-1. This section's described as 14 highly organic soils?
15 "Borrow materials". Do you see that? 15 A. Contains layers of maybe peat,
16 A. Yes. 16 roots, you know, some sort of vegetation
17 Q. What are -- Generally what are 17 that's decayed over time.
18 borrow materials? 18 Q. And that would -- they would have a
19 A. That's material that you're going to 19 fairly high liquid content?
20 utilize to construct the levee. 20 A. Yes.
21 Q. Okay. 21 Q. And, therefore, with that kind of
22 A. You take it from another spot and 22 material, there would be expected significant
23 shape it into your levee. 23 settlement, say, compared to fine grain soils?
24 Q. Typically it's nearby? 24 A. Yes, high compressibility.
25 A. Yes. 25 Q. High compressibility. That's what I
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1 Q. Okay. And that's one of those -- 1 was looking for. Thank you.
2 and there's a cost consideration about how 2 Item B, another factor to take
3 close it is to where you're going to build the 3 into account when looking at borrow material
4 levee; correct? 4 is natural water content; correct?
5 A. Yes. 5 A. Yes.
6 Q. Now, in some situations you have to 6 Q. And one of the costs you have in
7 import material; correct? 7 building something like levees along Reach 1
8 A. Yes. 8 and Reach 2 is the drying of the material
9 Q. And why is that? 9 that's being borrowed; correct?
10 A. Because you can't find a suitable 10 A. It depends on how you're placing
11 source close to the project. 11 it. If you're compacting it, yes. If you're
12 Q. Okay. Under 4-2-A, "Material type", 12 not compacting it, that wouldn't be a factor.
13 do you see that headline? 13 Q. You're not the witness designated
14 A. Yes. 14 for this, but along Reach 2 of the MRGO there
15 Q. Would you read the first sentence 15 is a section known as spoil banks. You're
16 for us, please? 16 familiar with those?
17 A. "Almost any soil is suitable for 17 A. In general.
18 constructing levees except very wet fine grain 18 Q. Okay. And my understanding of the
19 soils or highly organic soils." 19 spoil banks, and I have another witness on
20 Q. Okay. And why is that? 20 this in detail, but my understanding of spoil
21 A. It's harder to process those 21 banks is when they dredged, for example, the
22 materials, to compact them. So ideally if you 22 MRGO, they would deposit the hydraulic
23 had a good foundation and you can compact it 23 material that came out into the spoil banks
24 to a large degree, you can take advantage of 24 which would allow for some drying over time of
25 the strengths of the materials. 25 the material. Is that a fair statement?
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1 A. I would hope so, but again, it's -- 1 7-10, sub -- sub C, states
2 it does -- I don't know if that's that 2 "Sometimes it may be concluded that low cost
3 critical, because what you're identifying is a 3 protection such as grass cover will be
4 point on the ground to a baseline. 4 adequate in general for a levee reach," et
5 Q. Okay. 5 cetera. Do you see that?
6 A. And if that baseline has moved any 6 A. Yes.
7 kind of way or you discovered an error in the 7 Q. Is there a particular type of grass
8 baseline, there could be an adjustment in 8 that they use?
9 stationing. Or they could have put a new 9 A. I don't know. That's probably
10 baseline in for some particular reason. I 10 changed over the years.
11 don't know in this case if -- you know, how it 11 Q. Is Bermuda grass one of the ones
12 really is laid out. 12 that they use?
13 Q. They did it to confound an English 13 A. Yes.
14 major. I know why they did it. I thought the 14 Q. Okay. That's one I always find
15 one thing I learned last year was that station 15 myself in on the golf course. Okay. Skip
16 lines were constant. I guess maybe not. 16 Section 8, chapter 8, I think we covered
17 All right. Let's finish this up. 17 this.
18 Go to page 7-9 if you would. Thank you. 18 Let's go to 8-14. This section is
19 And you were right. There are 19 entitled "Section 3, Levee enlargements". Do
20 some information here about armoring. 7-6 is 20 you see that?
21 called "Protection of river side slopes". Do 21 A. Yes.
22 you see that? 22 Q. And one type of enlargement of a
23 A. Yes. 23 levee would be the base; correct?
24 Q. And this lists some various 24 A. I am not clear as --
25 considerations that the engineer can take into 25 Q. All right. Does this section deal
Page 81 Page 83
1 account about the need and type of protection 1 with increasing the height of a levee?
2 for the river side slope. 2 A. Yes.
3 A. Uh-huh (affirmatively). 3 Q. Okay. In fact, let's look at the
4 Q. Okay? 4 next page, 8-14. There's a helpful figure 8-3
5 A. Yes. 5 called "Enlargements". Do you see that?
6 Q. And in the MRGO analogy, the river 6 A. Yes, I do.
7 side slope would be the fore shore? 7 Q. And what is this depicting from top,
8 A. Yes. 8 middle, to bottom? Can you tell me?
9 Q. Okay. As opposed to the protected 9 A. It's showing you the various -- how
10 side; right? 10 they -- how the various means of raising a
11 A. Yes. 11 levee are categorized. They're talking about
12 Q. In the design of levees like those 12 a river side levee enlargement in A. So the
13 along the MRGO Reach 2, is it ever 13 levee enlargement is predominantly on the
14 recommended, say, in this manual or any other 14 river side.
15 Corps manual, that you also protect the 15 Q. Okay.
16 protected side of the levee? 16 A. When they -- This part B is a strata
17 A. I am not -- I am not aware of 17 levee enlargement and the levee enlargement is
18 specific references, but I can't say that it's 18 somewhat equal on both sides. You're placing
19 not. 19 substantial material on both sides. And then
20 Q. Okay. But generally it's advisable 20 the land side levee enlargement in C is
21 if the circumstances warrant to protect the 21 predominantly placement of material on the
22 river side or fore shore of a levee if the 22 protected side or the land side as they have
23 circumstances warrant? 23 it listed here.
24 A. The river side, yes. 24 Q. What dictates which of those three
25 Q. The river side. Okay. Page. 25 modes of enlargement are used?
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1 a low density, it will require a large levee 1 significant erosion with hydraulic fill?
2 footprint and would be susceptible to soil 2 A. I don't know that.
3 liquefaction". 3 Q. So you're unaware of why this change
4 Q. Okay. The next sentence then? 4 was made?
5 A. "Hydraulic fill would also quickly 5 A. Correct.
6 erode upon overtopping or where an impervious 6 Q. But it's your best testimony that
7 covering was penetrated". 7 after this was promulgated, with regard to
8 Q. And then the last two. Thank you. 8 Reach 2 of the MRGO, the Corps did not use
9 A. "For these reasons, hydraulic fill 9 hydraulic fill in the construction of the
10 may be used for stability berms, pit fills and 10 enlargements of the levee?
11 seepage berms, but shall not normally be used 11 A. There may have been -- I think I
12 in constructing levee embankments. However, 12 understand your question better now.
13 hydraulic fill may be used for levees 13 Q. Okay.
14 protecting agricultural areas whose failure 14 A. When you are talking about
15 would not endanger human life and for zoned 15 enlargements, some of the material placed
16 embankments that include impervious seepage 16 could have been used in enlarging a section of
17 barriers". 17 levee. I don't know that. That would be a
18 Q. Do you know whether after this new 18 distinct possibility. But there was no
19 design manual, Exhibit 4, was issued, whether 19 hydraulic fill operation to generate fill up
20 hydraulic fill was used up to Hurricane 20 on the levee itself or in the area for use as
21 Katrina for Reach 2 of the MRGO levees? 21 borrow. That's my understanding.
22 A. It was used in the early stages, the 22 Q. But it does say in the new section B
23 initial source of borrow material. 23 under 6.3, "But shall not normally be used in
24 Q. What period of time are you 24 constructing levee embankments". Correct?
25 referring to an earliest date as? 25 A. Yes, it does.
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1 MR. O'DONNELL: 1 comparison between the '47 manual and the '78
2 We'll take about a ten minute 2 manual?
3 break. 3 A. Not in enough detail to articulate
4 VIDEO OPERATOR: 4 the differences.
5 Off the record. 5 Q. Between 1947 and 1978, this manual,
6 (Recess.) 6 however entitled, was the guidance to the
7 VIDEO OPERATOR: 7 field for levees?
8 We're on the record. 8 A. It was part of the guidance from
9 EXAMINATION BY MR. O'DONNELL: 9 Headquarters that captured, or from -- might
10 Q. I'm going to mark as the next in 10 even have been from the Mississippi River
11 order this map so we have in the record a 11 Commission, captured best practices at that
12 common reference point to Reach 1 and Reach 2 12 time.
13 of the MRGO. This is Exhibit 5. Can you 13 Q. Okay. Fine. Now, what is the
14 identify that for me, sir? 14 Mississippi River Commission?
15 A. It's showing a vicinity -- well, a 15 A. A special commission set up for
16 Lake Pontchartrain and Vicinity Hurricane 16 overall program or project management of the
17 Protection Plan, Chalmette Area Plan, and it's 17 Mississippi River. It's got an appointee
18 showing the line of protection from the 18 which at this point I believe is General
19 intersection of the Mississippi River levee 19 Crear.
20 along the GIWW and the MRGO back to the 20 Q. General who?
21 Mississippi River levee. 21 A. Crear, at Mississippi Valley
22 Q. Okay. And it says underneath figure 22 Division.
23 1 "MRGO Reach 1 and Reach 2, U.S. Army Corps 23 Q. Okay. So you think that it may be
24 of Engineers IPET 2007". Okay? 24 they were the body that promulgated the 1947
25 A. Yes. 25 manual?
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1 Manual". Do you see that, sir? 1 descriptions of wave calculations and surge
2 A. Yes. 2 calculations and so forth that would provide
3 Q. And after the preparatory material 3 that.
4 that accompanies the manual, if you go to the 4 Q. Was there a predecessor to Exhibit
5 -- like three or four pages in, there's a 5 6?
6 thing called "Table of contents". Do you see 6 A. Yes.
7 that? 7 Q. Do you know what it was?
8 A. Yes. 8 A. No.
9 Q. And we have reproduced in this 9 Q. Do you know when the Corps first
10 Exhibit Number 6 the table of contents. 10 issued a Coastal Engineering Manual,
11 Okay? All right? 11 approximately what time period?
12 A. Yes. 12 A. No, I don't.
13 Q. Okay. And you would agree with me 13 Q. Do you know, are you familiar with a
14 that the entire Coastal Engineering Manual is 14 document called the Shore Protection Manual?
15 a much more voluminous document? 15 A. Vaguely.
16 A. Yes, I would. 16 Q. Okay. What is the Shore Protection
17 Q. Okay. Go to page -- the second page 17 Manual?
18 of the document, "Purpose". Do you see that? 18 A. Don't know the details of it. I
19 A. Yes. 19 would -- again, I would envision what it
20 Q. Would you read that paragraph for 20 entails rather than be able to tell you what
21 me? 21 it entails.
22 A. Sure. 22 Q. Okay.
23 Q. Then I'm going to ask you a few 23 MR. O'DONNELL:
24 questions about it. 24 Robin, I suspect that the
25 A. "The purpose of the Coastal 25 particular questions I have to ask the
Page 105 Page 107
1 quote, "From the period 1965 to the present 1 Q. You can look at either one as we go
2 the design and construction of levees and/or 2 along?
3 earthen structures in the areas commonly 3 A. Okay.
4 referred to as the Citrus Back Levee, New 4 Q. Item number 4 you have been
5 Orleans East Levee, and the New Orleans East 5 designated to testify about in our revised
6 Back Levee". 6 notice is, quote, "From the period of 1965 to
7 A. To the best of my knowledge, yes. 7 the present the design and construction of, A,
8 Q. Okay. 8 any earthen structures which Defendants claim
9 MR. O'DONNELL: 9 to be levees within the area commonly known as
10 Let's mark as the next exhibit in 10 Reach 1 of the Mississippi River Gulf Outlet,
11 order this little graphic. 11 otherwise designed as that portion," et
12 MR. ANDRY: 12 cetera, et cetera, et cetera. "And, B, any
13 That's Number 7. 13 earthen constructions which Defendants claim
14 MR. O'DONNELL: 14 to be levees along or adjacent to Reach 2 of
15 As U.S. 702-C Exhibit Number 7. 15 the MRGO as defined," et cetera. Do you see
16 And we can show one of the copies -- 16 that?
17 the Court Reporter's copy to the 17 A. Yes, sir.
18 witness. 18 Q. Just so we're on the same page, if
19 EXAMINATION BY MR. O'DONNELL: 19 you would look at Exhibit Number 5, this map
20 Q. I have placed before you, sir, 20 which comes from the IPET report identifies
21 Exhibit Number 7 for this deposition. 21 Reach 1 as generally that stretch of body of
22 A. Uh-huh (affirmatively). 22 water between the intersection of the IHNC and
23 Q. I believe it's from the IPET 23 Reach 2 of the MRGO. Do you see that?
24 report. Do you see that? 24 A. Yes.
25 A. Yes, I do. 25 Q. Is that your understanding of Reach
Page 113 Page 115
1 Reach 2 will be this approximately, as I 1 management function was moved and I moved with
2 understand it, 12 or 13 mile stretch 2 it. Then around --
3 identified in Exhibit 5 as Reach 2. 3 Q. Let me ask you briefly, if I could,
4 A. All right. That's fine. 4 what was the Mississippi River Channel
5 Q. Is that okay? 5 deepening?
6 A. That's okay. 6 A. The Mississippi River Ship Channel
7 Q. Great. Super. Okay. What's your 7 is -- was deepening the Mississippi River from
8 position at the Army Corps? 8 a 40 foot depth for navigation and I worked on
9 A. At present I am a Branch Chief in 9 getting it deepened to 45 foot navigation
10 the Protection and Restoration Office 10 depth. Ultimately it's authorized to go to
11 responsible for construction of the West Bank 11 55.
12 Hurricane Protection Levee System and all 12 Q. Is there a channel in the
13 floodwalls in Jefferson and St. Charles 13 Mississippi River we're talking about?
14 Parish. 14 A. Yes, the navigation channel.
15 Q. Okay. 15 Q. Is that in the middle?
16 A. And some other ancillary duties 16 A. It's right -- It varies. It's where
17 related to Category 5 hurricane protection. 17 the deep water is.
18 Q. So right now your immediate 18 Q. How long a stretch is it that you
19 responsibilities don't involve Reach 1 or 19 were involved with?
20 Reach 2 of the MRGO? 20 A. From the Gulf of Mexico to Baton
21 A. That's correct. 21 Rouge.
22 Q. Tell me briefly your employment 22 Q. How many miles is that?
23 history with the Corps. When did you start? 23 A. 230-something miles.
24 A. I started in February of 1971 right 24 Q. Okay. And did that primarily
25 out of college. Started with the training 25 involve dredging?
Page 117 Page 119
1 all of the various participants on our design 1 the engineering profession. You could be a
2 team are working together, we're getting the 2 hydrologic engineer, a geotechnical engineer,
3 real estate we need. General project 3 other types of engineers within the civil
4 coordination type roles and responsibilities. 4 engineering profession. And you get your
5 Q. Okay. And how long did you have 5 license based on your experience in those
6 that job? 6 particular areas.
7 A. Well, I had that until earlier this 7 Q. Right. Have you had a chance to
8 year when I got promoted to Branch Chief. 8 look at or know anything about the Complaint
9 Q. And you no longer have that 9 in the Robinson case that we're here for
10 responsibility? 10 today?
11 A. I do not. 11 A. I looked at it.
12 Q. So for a period of time of 12 Q. Okay. And have you looked at any of
13 approximately, give or take, nine years were 13 the materials that were involved with the
14 you the senior official in the New Orleans 14 Government's motion to dismiss our Complaint?
15 District of the Army Corps of Engineers 15 A. What I could understand of it. I
16 responsible for the Lake Pontchartrain and 16 looked at it, but -- Yeah.
17 Vicinity Project? 17 Q. Have you read Judge Duval's ruling
18 A. The senior official is the District 18 on the motion?
19 Engineer. I was the Senior Project Manager 19 A. I did not.
20 for that particular project. 20 Q. Okay. Did you have any involvement
21 Q. And you reported to the District 21 with IPET?
22 Engineer? 22 A. No.
23 A. Yes. 23 Q. Okay.
24 Q. Okay. What is your professional 24 A. Only -- The decision chronology was
25 background? 25 not part of IPET as I understand it, but the
Page 121 Page 123
1 A. I'm a civil engineer; graduated from 1 IPET report I was not involved with other than
2 the University of Louisiana, Lafayette in '71; 2 occasionally looking at it from a review
3 got a Master's degree from Tulane University 3 perspective. But I was not involved with the
4 in engineering in '75. I'm a Registered 4 preparation of it.
5 Professional Engineer in the state of 5 Q. Okay. Because you have had such a
6 Louisiana. 6 rich and varied history, I think I'll try to
7 Q. Okay. And for your entire 7 get from you -- I just need a brief org chart
8 engineering career have you worked at the Army 8 for the Army Corps of Engineers starting with
9 Corps? 9 the New Orleans District, the Vicksburg,
10 A. Yes, in New Orleans. 10 whatever, and then Headquarters.
11 Q. In New Orleans. Are you a 11 A. Okay.
12 geotechnical engineer? 12 Q. Starting with the New Orleans
13 A. I am not. 13 District, as I understand it, there's someone
14 Q. And what is a geotechnical engineer? 14 who is overall in charge, it's a Colonel --
15 A. Geotechnical engineer, it best 15 A. Uh-huh (affirmatively).
16 handles subsurface identification of designs 16 Q. -- usually?
17 for projects, looking at soils and what they 17 A. Yes.
18 can -- loads they can bear, things like that. 18 Q. And what's title of that person?
19 Q. Is that a sub-specialty of being a 19 A. He's the District Commander,
20 civil engineer? 20 District Engineer. He usually a full Colonel.
21 A. Yes, it is. 21 Q. Not a lay person?
22 Q. Is it separately licensed? 22 A. Oh, no. It's a military engineer.
23 A. I don't think it's separately 23 Q. Okay. Has there ever been a lay
24 licensed per se. I mean, you get -- you get 24 person?
25 -- you can specialize in various features of 25 A. Not to my knowledge.
Page 122 Page 124
1 A. Who reports to the President. 1 Water Resources of the U.S. Army Corps of
2 Q. And then to the President. Okay. 2 Engineers, Douglas Wooly," W O O L Y, "Leonard
3 A. That's correct. 3 Shapman," S H A P M A N, "June, 2007." Is
4 Q. POTUS. President of the United 4 that what you're referring to?
5 States. 5 A. That's correct.
6 A. Yes. 6 Q. This is a publicly available
7 Q. Secret Service. Okay. Can you tell 7 document on the Internet?
8 us what, if any, documents you reviewed before 8 A. It is. It is.
9 you came here today for your deposition? 9 MR. O'DONNELL:
10 A. I briefly went over the chronology 10 For the sake of the environment,
11 report, looking at budgetary issues that -- 11 if it's okay with Robin, I will mark
12 how the project was funded. Did not go into 12 the first page as the next exhibit and
13 much more detail than that. 13 we can deem it an exhibit?
14 Q. Well, you looked at a lot of it so 14 MR. SMITH:
15 we'll talk about it. 15 Yes.
16 A. Well, yeah, we -- some of it anyway. 16 MR. O'DONNELL:
17 Q. The chronology report, what is that 17 Is that fair? I just don't want
18 document? 18 to --
19 A. The Decision Chronology Report was 19 MR. SMITH:
20 prepared at the request of the Corps by -- by 20 Agreed.
21 professors and experts to basically to provide 21 MR. O'DONNELL:
22 a chronology of all the happenings from the 22 Okay.
23 time of authorization, actually 23 MR. ANDRY:
24 pre-authorization of the project, to the 24 8.
25 Katrina time frame. 25 MR. O'DONNELL:
Page 134 Page 136
1 chronology report, did you review anything 1 Q. This statute was enacted within the
2 else in preparation for your deposition today? 2 couple of months of Hurricane Betsy; correct?
3 A. Not really. 3 A. That's sounds -- That's correct.
4 Q. Okay. Great. 4 MR. O'DONNELL:
5 MR. O'DONNELL: 5 I'm going to mark House Document
6 I'll mark this as Number -- 6 number 231 as our next in order.
7 MR. ANDRY: 7 MR. ANDRY:
8 10. 8 It's 11.
9 EXAMINATION BY MR. O'DONNELL: 9 MR. O'DONNELL:
10 Q. 10. I have put before you as 10 Exhibit Number 11.
11 Exhibit Number 10, sir, Public Law Number 11 EXAMINATION BY MR. O'DONNELL:
12 89-298. 12 Q. Sir, I have put before you a fairly
13 A. Uh-huh (affirmatively). 13 voluminous document which we have marked as
14 Q. It's not the entire document. If 14 Exhibit Number 11. Do you recognize this as
15 you're familiar with the document, it's 15 House Document number 231?
16 voluminous. It is the first page and then it 16 A. Yes. Yes. It's a letter of the
17 is pages 1074 and 1077 from volume 79 of the 17 Secretary of the Army transmitting the report.
18 U.S. Statutes at large. Just to be clear, 18 Q. Correct. And typically for these
19 it's pages 1073, 1074 and 1077. And this, 19 kind of reports, there's actually layers of
20 I'll represent to you, is the Flood Control 20 approval, are there not, as you go through the
21 Act of 1965. Are you generally familiar with 21 document?
22 this? 22 A. Yes. Sure.
23 A. Yes, I am. 23 Q. Okay. Have you looked at this
24 Q. Have you seen this before? 24 report in the past?
25 A. Yes, I have. 25 A. I have looked at it in the past,
Page 138 Page 140
1 A. "The surges are intensified by local 1 endangered, and hazards to health created."
2 wind effects and the combination of waves and 2 Q. Now, the area that they're
3 surges causes overtopping -- causes 3 describing, if we look at -- Let's look at
4 overtopping of the protected works along the 4 Number 12 again. Okay? Right in front of
5 shores of the lake." 5 you.
6 Q. No, just stop there. They're 6 A. Uh-huh (affirmatively).
7 referring to Lake Pontchartrain; right? 7 Q. Is that the area that's somewhat in
8 A. Yes. 8 a triangle here that they're talking about?
9 MR. O'DONNELL: 9 The yellowish area --
10 And let's mark this as the next 10 A. Well, it --
11 exhibit in order. 11 Q. -- adjacent to Lake Borgne?
12 MR. ANDRY: 12 A. It's referring to the eastern
13 12. 13 portion of the area, which I would interpret
14 EXAMINATION BY MR. O'DONNELL: 14 as being the eastern portion of the project
15 Q. I have put before you Exhibit 12, 15 from Lake Pontchartrain down past Lake Borgne
16 which is another map of the area. 16 all the way to the Mississippi River. I mean,
17 A. Uh-huh (affirmatively). 17 I think it's the entire eastern area we're
18 Q. This one deals with location of 18 talking about.
19 levee breaches and distressed levee sections. 19 Q. So it would be the swath --
20 This is from the ILIT report. You familiar 20 A. From -- From the -- where the --
21 with that report? 21 what we call -- well, where it intersects with
22 A. The what? 22 Lake Pontchartrain levee going southward
23 Q. ILIT, Independent Levee 23 generally, going -- heading back to the
24 Investigation Team report? 24 Mississippi River. Everything is the eastern
25 A. I have heard of it. I haven't 25 portion of the area. This is --
Page 153 Page 155
1 Q. Looking on Exhibit 12, there's a 1 River Gulf Outlet was still under
2 faint line that runs under the word "Ninth 2 construction; correct?
3 Ward", kind of moves down, -- 3 A. I think so.
4 A. Uh-huh (affirmatively). 4 Q. I'll represent to you it started
5 Q. -- comes down toward the word "St. 5 around '58. '63, it was moving along. It was
6 Bernard", and then kind of keeps moving down. 6 finished in '68. But, okay, we're in early
7 Is that your understanding of the approximate 7 '63 here. Okay? Would you read that
8 location of the 40 Arpent Canal? 8 sentence or two for me about the Mississippi
9 A. No. No, the 40 Arpent -- The 40 9 River Gulf Outlet?
10 Arpent Canal -- 10 A. "The Mississippi River Gulf Outlet
11 Q. Levee. 11 provides a deep direct route for the in-flow
12 A. -- or the 40 Arpent Levee? 12 of saline currents from the Gulf of Mexico to
13 Q. Levee. 13 the area along this channel and to Lake
14 A. The 40 Arpent Levee is actually this 14 Pontchartrain, which results have an adverse
15 red line. 15 effect on fishery resources in the area."
16 Q. Oh, that's the 40 Arpent. 16 Continue?
17 A. That's it. 17 Q. Please.
18 Q. So prior to any construction along 18 A. "The Gulf Outlet Channel also will
19 Reach 2 of the MRGO, the only flood protective 19 produce high velocity currents in the Inner
20 work that was in place was that 40 Arpent 20 Harbor Navigation Channel, creating a hazard
21 Canal? 21 to navigation and causing serious scouring
22 A. That's correct. 22 damage, particularly in constricted areas of
23 Q. All right. That sentence we just 23 bridge crossings. These adverse effects can
24 read talks about inadequate protective system 24 be greatly alleviated by constructing a lock
25 seaward of the developed land areas. Do you 25 for navigation and salinity control at the
Page 157 Page 159
1 Levee District. That's strictly speculation 1 MRGO, was Probable Maximum Hurricane used at
2 on my part. I don't know for certain. 2 all or was it just Standard Project Hurricane?
3 Q. Do you know when the IHNC was 3 A. The project authorization was for
4 transferred to Federal control, approximately? 4 Standard Project Hurricane.
5 A. I'm not sure. 5 Q. And that's --
6 Q. It was initially a local channel and 6 A. That's what was used.
7 then later became Federal; is that correct? 7 Q. -- the dimensions to which it was
8 A. Constructed by the Port of New 8 built?
9 Orleans, as I understand. 9 A. I believe so.
10 Q. Okay. 10 Q. Okay. If you go to the next page,
11 MR. O'DONNELL: 11 please. There's a definition of hurricane
12 This is probably a good breaking 12 surge height. You see that?
13 point, lunch time. 13 A. Yes, sir.
14 MR. SMITH: 14 Q. And it's described in part as the
15 All right. 15 elevation of the still water level.
16 MR. O'DONNELL: 16 A. Wait a minute. Oh, okay. I'm
17 You want an hour and a half? An 17 sorry. I was looking at the wrong one.
18 hour? An hour and a half? 18 Q. No problem. Hurricane surge
19 VIDEO OPERATOR: 19 height.
20 Off the record. 20 A. Yes.
21 (Recess.) 21 Q. "The elevation of the still water
22 VIDEO OPERATOR: 22 level at a given point resulting from
23 We're on the record. 23 hurricane surge action". Do you see that?
24 EXAMINATION BY MR. O'DONNELL: 24 A. Yes, sir.
25 Q. We're back on the record. We'll 25 Q. And if you just keep that page and
Page 162 Page 164
1 just if you would turn to the next page, next 1 have been. I don't think it was.
2 to it, there's a definition of "still water 2 Q. My understand is, say, at the time
3 level". Would you tell us what that is? 3 you took over your responsibilities on the LPV
4 A. Elevation of the water surface if 4 in 19- --
5 all wave action were to cease. 5 A. Summer of '98.
6 Q. Okay. So still water level, as I 6 Q. Summer of '98. Thank you. The
7 understand it, is not calm water. Correct? 7 design grade level at that point for the
8 A. Well, it is. 8 levees along Reach 1, Reach 2 was 17 and a
9 Q. Okay. Is it calm water -- Is it -- 9 half feet, built to 20 feet?
10 Okay. How do I describe this. 10 A. 17 and a half feet was the design
11 A. It's the surge elevation without 11 grade.
12 waves. 12 Q. Design grade. That's where they
13 Q. Without waves. Okay. 13 wanted to end up; right?
14 A. Yes. 14 A. Yes.
15 Q. So the normal water level would be 15 Q. But to get there, the plans called
16 higher because of surge, but it doesn't take 16 for building about another two and a half feet
17 into account waves? 17 because of settlement?
18 A. Say that again, please? 18 A. Well, that's a possibility they
19 Q. Let's assume the water in the MRGO 19 would do that, depending upon the contract and
20 is ordinarily three feet up -- 20 what the situation was at the time. Mostly we
21 A. Yes. 21 build higher and let it settle back, yes.
22 Q. -- the side of the embankment. 22 Q. If the still water level had been
23 A. Yes. 23 determined before construction of these levees
24 Q. The hurricane comes and the water 24 began to be around 13 feet, why was the design
25 goes up to ten feet. 25 grade level chosen to be about 17 and a half
Page 165 Page 167
1 canal, but, generally speaking, some were at, 1 Q. There's a description of the locally
2 some were not, as far as I understand. You 2 built back levee. Is that the 40 Arpent
3 know, that's what I hear. 3 Canal?
4 Q. Okay. The post-Katrina planning 4 A. Yes. I would assume so.
5 includes building new or reinforced or 5 Q. And it says the average elevation
6 augmented levees on both sides of the IHNC? 6 along this area is a foot and a half; correct?
7 A. I think mostly floodwalls. 7 A. I don't know that. I assume it is.
8 Q. Floodwalls. Okay. Do you know what 8 Q. That's what it says, isn't it, at
9 the design grade is for the new floodwalls? 9 the bottom?
10 A. No. You would have to ask somebody 10 A. Yes, that's what it says.
11 with Task Force Guardian that was involved 11 Q. Okay. Great. On page 31, paragraph
12 with that. 12 numbered 9, "Source of construction material",
13 Q. We'll probably do that sometime 13 do you see that?
14 later. Not this month. But let me ask you 14 A. Yes.
15 this. And you said that some -- in some 15 Q. In doing their initial survey, it
16 stretches it was not at design grade. Had it 16 was noted that there was not rock readily
17 ever been at design grade before subsidence or 17 available in the area, but it would have to be
18 settlement along the IHNC? 18 imported from out of state?
19 A. I don't know. I assume so. I 19 A. That's correct.
20 wasn't involved with the project when it was 20 Q. Is that still true today?
21 constructed. 21 A. Oh, yes.
22 Q. Okay. So by the time you took over 22 Q. It says you can get clamshells in
23 responsibilities in late 1990s with regard to 23 the area. Are clamshells used for levee
24 the LPV, had the IHNC levees been completed? 24 construction?
25 A. Yes. 25 A. No.
Page 174 Page 176
1 and let me look at that again. I want to be 1 hydrologic expert to be able to tell you what
2 -- 2 the surge would do between the Gulf and that
3 Q. Sure. Please. 3 levee specifically across Lake Borgne.
4 A. -- very specific here. I think, and 4 Q. And maybe --
5 I believe, and I have to read this carefully, 5 A. For a major storm, I doubt there
6 but I believe that paragraph D refers to the 6 would be a whole lot of difference.
7 lakefront of New Orleans, but not in East New 7 Q. In fact, let's look at page 46. I
8 Orleans. 8 jumped the gun. I'm sorry. There's a
9 Q. Okay. Great. So it would be west 9 paragraph, a couple of paragraphs under 9-A
10 of the area depicted on Exhibit 7. 10 and B discussing Standard Project Hurricane.
11 A. Yes, it is. 11 A. Yes.
12 Q. Okay. Great. Thank you. If we go 12 Q. Do you see that?
13 for a moment to page 34, we skip the IHNC, 13 A. Yes.
14 Chalmette, Number 5, do you see that? 14 Q. As there's a mention that it would
15 A. Uh-huh (affirmatively). 15 have an estimated frequency of about once
16 Q. Reference in the middle of the page, 16 every 200 years in the study area?
17 "Partial protection is afforded by the 17 A. Yes.
18 remaining area --" I'm sorry, "for the 18 Q. And then down the end of the
19 remaining area by a spoil bank with an 19 paragraph, it says "The occurrence of an SPH
20 elevation of approximately eight feet along 20 for any location in the study area would
21 the south bank of MRGO". Do you see that? 21 produce maximum surge heights of --"
22 A. Yes, I do. 22 A. Uh-huh (affirmatively).
23 Q. Okay. And so at the time in 1963 23 Q. "-- 11.2 feet along the south shore
24 when the planning was being done for the LPV, 24 of Lake Pontchartrain, 12.5 feet in
25 the spoil area along the banks of the MRGO was 25 Mandeville, 11.9 feet in the Chalmette area,
Page 178 Page 180
1 12.5 feet at the Citrus in New Orleans East 1 the design grade for the MRGO Reach 1 and
2 Back Levees, and 13 feet in the Rigolets and 2 Reach 2 levees, to your knowledge?
3 Chef Menteur Pass." 3 A. No.
4 A. Yes. 4 Q. And do you know why not?
5 Q. Do you see that? 5 A. The authorization was for a Standard
6 A. Yes, I see that. 6 Project Hurricane and that's what the project
7 Q. So somehow the Corps planners who 7 was constructed to.
8 did this study came up with the maximum surge 8 Q. While I am a lay person, I would
9 heights; correct? 9 infer that if you built to a Probable Maximum
10 A. I believe so, yes. 10 Hurricane, you would have to have a higher
11 Q. As we saw here. And that became a 11 levee, which would cost more money?
12 basic calculation that was part of the 12 A. Yes. And have to be authorized by
13 determination of what the design grade level 13 Congress.
14 would be for these levees; correct? 14 Q. Authorized by Congress. Now, the
15 A. Yes. 15 plan that Congress authorized in the 1965
16 Q. The study also, on page 47, 16 Flood Control Act that we discussed before
17 discusses some analysis that had been done by 17 lunch called for a Standard Project Hurricane
18 the planners for the Probable Maximum 18 hurricane protection system; correct?
19 Hurricane that we discussed very briefly a few 19 A. That's correct.
20 minutes ago. Do you see paragraph 10? 20 Q. And there was also a barrier plan
21 A. Yes. 21 part of that; correct?
22 Q. And the only difference between that 22 A. That was part of the plan.
23 and a Standard Project Hurricane was that it 23 Q. Eventually the barrier plan was not
24 might be reasonably possible for the region; 24 implemented by the Army Corps; correct?
25 correct? 25 A. That's correct.
Page 181 Page 183
1 problem along existing bridge and harbor 1 Withdrawn. When the Corps did not build the
2 developments." 2 Seabrook lock, did the Corps do anything to
3 Q. So even by early 1963 when the MRGO 3 deal with the problem of saltwater intrusion
4 was being used but not completed, the planners 4 and increased velocities that had been
5 at the Corps were noting increased -- 5 identified and was thought to be soluble by
6 Withdrawn -- that there was a velocity of 6 the Seabrook lock?
7 current in the IHNC that had increased because 7 A. I don't know.
8 of the MRGO? 8 Q. Are you aware of anything that was
9 A. Yes. 9 done?
10 Q. And the proposed solution at this 10 A. Not aware of anything.
11 time in 1963 for dealing with the salinity 11 Q. Page 61, in the middle of the page,
12 problem in part was the Seabrook lock; 12 number 2, "Hurricane protection plan". Do you
13 correct? 13 see that?
14 A. That was part of the solution I 14 A. Yes.
15 think, yes. 15 Q. Let's see. The middle of the page,
16 Q. And was the Seabrook lock also 16 after discussing some of the tide levels, et
17 proposed in order to deal with the increased 17 cetera, there's a sentence that says "Levee
18 current velocities in the IHNC because of the 18 grades were determined by adding an amount
19 MRGO? 19 equal to wave run-up for the significant wave
20 A. I believe that it was. 20 to these maximum wind-tide levels." Do you
21 Q. Okay. Do you know why, from looking 21 see that?
22 at the record, why the Seabrook lock was not 22 A. Yes.
23 constructed? 23 Q. That's what you said earlier, didn't
24 A. I don't have a good firm grasp of 24 you?
25 that. It's back in the gray history of the 25 A. I think so.
Page 186 Page 188
1 over time. I don't know where this document 1 after the numbers. One more maybe.
2 wound up. It could have gone all the way to 2 A. This (indicating)?
3 the Chief Engineer as far as I know. I don't 3 Q. You see that?
4 know. 4 A. Uh-huh (affirmatively).
5 Q. Okay. If you'll look at page 2 of 5 Q. This is a 21 August 1967 memo from
6 the document, -- 6 the Division Engineer of the Lower Mississippi
7 A. Uh-huh (affirmatively). 7 Valley District -- I'm sorry, the New Orleans
8 Q. -- it seems that it's being a 8 District Engineer is writing to his superior;
9 transmittal from the Lower Mississippi Valley 9 correct?
10 Division of the Engineering Division to New 10 A. That's correct. That's correct.
11 Orleans; correct? 11 Q. And this is the -- this attached
12 A. Where is that? 12 memo is actually itself the general design
13 Q. I'm sorry, page 2 of the -- No, I'm 13 memo number 2; correct?
14 sorry. The second page or number of the 14 A. That's correct.
15 document. 15 Q. All right. So go to the next page.
16 A. Okay. 16 I'm curious about a couple of things. There
17 Q. It looks like the Lower Mississippi 17 is a -- looks like a timetable estimate here.
18 Valley Division is sending its comments and 18 Do you see that?
19 approval along? 19 A. Uh-huh (affirmatively).
20 A. Yes. 20 Q. And it tells us in fact what each
21 Q. Correct? 21 design memo is going to discuss.
22 A. Uh-huh (affirmatively). 22 A. That's correct.
23 Q. If you look at the next page -- 23 Q. Like number 1 deals with hydrology
24 A. This is from Washington. 24 and hydrology analysis. Right?
25 Q. Washington is transmitting -- 25 A. Yes.
Page 197 Page 199
1 Q. Who was the local sponsor for the 1 Levee District the operation and maintenance
2 Citrus Back Levee? 2 of Reach 2 of the MRGO levees?
3 A. That would be Orleans Levee 3 A. No.
4 District. 4 Q. The same question for the Citrus
5 Q. OLD. Okay. And for the New Orleans 5 Back Levee. By the time of Katrina, had the
6 East Back Levee? 6 Army Corps of Engineers turned over to the
7 A. Orleans Levee District. 7 Orleans Levee District the Citrus Back Levee
8 Q. Okay. And the New Orleans East 8 operation and maintenance?
9 Levee? 9 A. Not as a final product, although
10 A. Orleans Levee District. 10 they were doing interim maintenance between
11 Q. Using Exhibit 7, there is a south 11 few lifts.
12 side of the MRGO, GIWW Reach 1? 12 Q. But a turnover had not occurred?
13 A. Yes. 13 A. Not a formal 100 percent turnover,
14 Q. Do you see that? 14 with two exceptions: The Bayou Bienvenu and
15 A. Yes. 15 Bayou Dupre structures were formally turned
16 Q. Who was the local sponsor for that 16 over.
17 stretch? 17 Q. To --
18 A. The Orleans Levee District was the 18 A. The Levee Districts. Bayou Bienvenu
19 sponsor all the way up to Bayou Bienvenu and a 19 what turned over to Orleans Levee District,
20 little bit beyond that. That would be the 20 and Bayou Dupre structure was turned over to
21 Orleans Levee District. 21 St. Bernard and Lake Borgne.
22 Q. And the IHNC, both sides? 22 Q. In terms of the New Orleans East
23 A. New Orleans Levee District, both 23 Back Levee, by the time of the Hurricane
24 sides. 24 Katrina, did the Army Corps of Engineers turn
25 Q. And they signed acts of assurance 25 over to the Orleans Levee District the
Page 206 Page 208
1 operation and maintenance of the New Orleans 1 knowledge that the Army Corps gained as a
2 East Back Levee? 2 result of Hurricane Betsy and the flooding of
3 A. Not formally. Not for complete -- 3 substantial portions of greater New Orleans
4 It was not completed at that time. 4 was -- is reflected in this design memo?
5 Q. Okay. Great. And finally, the same 5 A. I don't know.
6 question, New Orleans East Levee, by the time 6 Q. Do you know whether the design grade
7 of Hurricane Katrina, had the Army Corps of 7 for the Citrus Back Levee that we just
8 Engineers turned over the operation and 8 discussed is the same as it was before
9 maintenance of the New Orleans East Levee to 9 Hurricane Betsy?
10 the Orleans Levee District? 10 A. I don't know. I would have to look
11 A. Not -- Not -- Not for final 11 at the documents.
12 completion, no. There was always interim 12 Q. Okay.
13 work. Let me just say this. We -- I want to 13 MR. O'DONNELL:
14 be very careful when we say "turn over". 14 I am going to mark these
15 Because in reality, that isn't a Corps levee. 15 documents --
16 We don't own the property. The Levee District 16 MR. ANDRY:
17 owns it. We only go in there to construct. 17 14.
18 They give us permission to go in there and 18 MR. O'DONNELL:
19 build contracts. It is not our levee. It's 19 -- as 14.
20 their levee. 20 THE WITNESS:
21 Q. I understand that. But the 21 Are we finished with this?
22 construction on the three levees, Citrus Back, 22 EXAMINATION BY MR. O'DONNELL:
23 New Orleans East and Back, and New Orleans 23 Q. No, I'm sorry. I am trying to be
24 East Levee had not been completed by the Army 24 thematic. Not necessarily chronological.
25 Corps of Engineers by Hurricane Katrina; 25 MR. ANDRY:
Page 209 Page 211
1 unit with Seabrook complex, Chef Menteur 1 Q. Does that Levee District still
2 complex, Rigolets complex. 2 exist?
3 A. Yes, sir. 3 A. Yes, it does.
4 Q. Okay. None of those were built; 4 Q. Okay. And what are they assuring
5 right? 5 here? The construction of what? Can you
6 A. That's correct. 6 tell?
7 Q. Okay. And down below we have the 7 A. Well, they're assuring their portion
8 various improvements. One in Orleans Levee 8 of the project.
9 District and the other in St. Charles, 9 Q. Okay. The portion that was supposed
10 Jefferson, Tammany Parishes. Were they built? 10 to be built in Orleans and St. Tammany?
11 A. Let me make sure. They were built 11 A. There was a portion of the project
12 in some form. 12 that was supposed to be built in St. Charles
13 Q. Okay. 13 and Jefferson Parish, in which they were the
14 A. Okay. 14 local sponsors for, as well as their share of
15 Q. Maybe not as originally 15 the barrier complex.
16 contemplated? 16 Q. A formula was arrived at for the
17 A. Well, St. Tammany never had anything 17 various Levee Districts?
18 constructed. Orleans, Jefferson, and St. 18 A. I believe that's correct.
19 Charles do, do have constructed features, but 19 Q. To comprise the total of 30 percent?
20 not necessarily as originally envisioned. 20 A. Yes.
21 Q. Right. We have not seen in these 21 Q. Got it. Okay. While I don't have
22 three act of assurances the act of assurance 22 it, it's your understanding that a similar act
23 jointly sponsored by the Lake Borgne Levee 23 of assurance would have been executed by the
24 District and St. Bernard Parish. 24 Orleans -- excuse me, the Lake Borgne Levee
25 A. Not yet. 25 District and St. Bernard Parish for the Reach
Page 217 Page 219
1 (indicating) in this design memo for Citrus 1 indication that there will be an I-wall?
2 Back Levee, is generally the same as that 2 A. Yes.
3 presented in the authorizing document. Then 3 Q. And like the second entry under
4 they mention some changes. Right? 4 "I-wall" is "minus 9.5"? Did I read that
5 A. Yes. 5 right?
6 Q. Which is stated to be within the 6 A. That's what it looks like. I don't
7 discretionary authority of the Chief of 7 know.
8 Engineers. These changes have been 8 Q. Do you know what that means?
9 incorporated into the plan; right? 9 A. I have no idea.
10 A. Uh-huh (affirmatively). Yes. 10 Q. Okay.
11 Q. In 1, they say there have been some 11 MR. SMITH:
12 upward grade revisions? 12 I think he can explain it if you
13 A. Yes. 13 look at the columns -- headings and
14 Q. Okay. Oh, good. Page 10 tells us 14 columns.
15 the grade leveling revision. Do you see that? 15 THE WITNESS:
16 A. Yes. 16 Sheet pile tip. Okay. That must
17 Q. For the Citrus Back Levee, the area 17 be the sheet pile.
18 west of Paris Road was increased one foot, 18 EXAMINATION BY MR. O'DONNELL:
19 from 13 to 14 feet? 19 Q. Buried into the embankment?
20 A. Okay. 20 A. Buried into the embankment and
21 Q. Is that what it says? 21 elevation. At least for this particular
22 A. I believe so, yes. 22 design.
23 Q. And the area east of Paris Road was 23 Q. Do you have an engineering degree,
24 increased from 16 to 18 feet. 24 or you can just read; right?
25 A. Yes, sir. 25 MR. SMITH:
Page 221 Page 223
1 Q. The New Orleans East Back Levee was 1 The column next to it, on the
2 increased a foot and a half, from 16 to 17 and 2 left of it is the top of the sheet
3 a half feet? 3 pile wall.
4 A. Yes. 4 MR. O'DONNELL:
5 Q. And that remained a design grade 5 Right.
6 level thereafter, did it not? 6 THE WITNESS:
7 A. I believe that's correct. 7 I got you.
8 Q. The Inner Harbor Navigation Canal 8 EXAMINATION BY MR. O'DONNELL:
9 was increased -- I'll skip that. 9 Q. And so for some stretches, was it
10 Do you know whether this document 10 contemplated there would be some kind of wall
11 or a document like this contains a timetable 11 for all of -- for much of this area? The
12 for planning and construction? 12 second entry wall?
13 A. I don't know, since I have not seen 13 A. You're getting into areas I am not
14 it before. 14 aware of.
15 Q. Okay. Turn to page 20, if you 15 Q. Okay. Let's look at the second
16 would, please. 16 entry. Okay? The 253 plus 35 to 255.10
17 A. Okay. 17 station location --
18 Q. This is table 2 and it's entitled 18 A. Uh-huh (affirmatively).
19 "Location and type of protective works". Do 19 Q. -- tells us the levee itself, that's
20 you see that? 20 the earthen portion, is going to be 9 feet;
21 A. Yes. 21 right?
22 Q. And these are various station 22 A. That's what it says.
23 numbers for the Citrus Back Levee? 23 Q. And the wall will take it to 15
24 A. Uh-huh (affirmatively). 24 feet?
25 Q. For some of them, there's an 25 A. Okay.
Page 222 Page 224
1 A. They did not. But I will say that 1 Q. Okay. What levels were those, was
2 we also will require 50 percent of the funding 2 this hypothetical exercise, whatever, for
3 from the State of Louisiana as well, and we 3 reconnaissance study? What level would the
4 were working to get that at the time of 4 levees have gone to from where they were or
5 Katrina. 5 they were designed to be? To what additional
6 Q. So by 1999, the Corps was asking 6 level did Congress deal with a Cat 5?
7 Congress and the State of Louisiana to fund a 7 A. The Jefferson Parish lakefront levee
8 study to provide Category 5 protection? 8 is around 16.5. I don't really remember what
9 A. No. The way it works is this. 9 we had proposed in that reconnaissance study,
10 Congress gave the Corps money to do a 10 but it was about I think three to four feet
11 reconnaissance study at a 100 percent Federal 11 higher. I may be wrong in that. But it was
12 expense, which we completed and sent back 12 something in that range.
13 showing that there was Federal interest in 13 Q. Is that a public document, the
14 increasing the level of protection. This 14 reconnaissance study?
15 started the process to start what's called a 15 A. Yes.
16 feasibility study. Now, this feasibility 16 Q. Can I get it off the website? Do
17 study, by law, or at least by -- we'll call it 17 you know?
18 Congress, required 50 percent contribution 18 A. I don't know if it's on the
19 from a local sponsor. So at the time of 19 website. We could probably find one.
20 Katrina, we at the Corps were developing a 20 Q. That would be great. I don't need
21 cost estimate for what that study would cost 21 it right now, but I would like to put it in
22 and working with the State of Louisiana to see 22 that collective works I'm going to leather
23 if they would fund 50 percent of the cost of 23 bound for you before we finish this case.
24 it so we could proceed with the feasibility 24 Would it be fair to say that if
25 study. 25 you had done a reconnaissance study for the
Page 242 Page 244
1 Reach 2 of the MRGO, that several feet of 1 Q. When was Hurricane Georges?
2 additional levee protection would have been 2 A. In '98.
3 probably recommended? 3 Q. Had there been significant flooding
4 A. Sure. 4 in parts of this region?
5 Q. Three to four feet? 5 A. No, but it scared people because it
6 A. I don't know. That area experienced 6 came close.
7 higher stages so it might have been higher 7 Q. Okay. Post-Katrina, you have told
8 than that even. 8 me, I have read a lot, that the Project
9 Q. Right. Right. You had the Lake 9 Guardian is increasing the height of the
10 Borgne effect there, too; right? 10 levees for the LPV. About how many feet are
11 A. Sure. Well, it's more open to the 11 they doing that?
12 Gulf than the Lake Pontchartrain is. 12 A. I don't know. After Katrina, Task
13 Q. Could have been five feet? 13 Force Guardian took over all the areas of work
14 A. Might have been. 14 on Lake Pontchartrain in Orleans and St.
15 Q. If you got five feet, that's 22 and 15 Bernard Parish. So I basically fell out of
16 a half feet, you might have been okay. I know 16 that piece of the project after Katrina.
17 this is hypothetical. But that would have 17 Q. Okay. Fine. Are you familiar with
18 provided at least another measure of 18 a document called "Better and stronger"?
19 protection; right? 19 A. Sounds familiar.
20 A. If you'd had 20 years to build it, 20 MR. O'DONNELL:
21 yes. 21 Robin, just so you have it handy,
22 Q. Is that the problem, it takes 20 22 that's the one I was talking to you
23 years to plan and build? 23 about earlier.
24 A. Well, it takes a while. It takes 24 MR. SMITH:
25 funding, and a lot of things. You know, these 25 Sure.
Page 245 Page 247
1 Q. Okay. Go into the document a few 1 Q. Okay. It has in the early part, we
2 more pages to a section called "Program 2 see again those series of the chain of command
3 summary", would you, please? 3 transmittals and approvals?
4 A. Which? You talking about this 4 A. Yes, sir.
5 document (indicating)? 5 Q. Okay. I'm going to take less time
6 Q. Yes. Exhibit 16. 6 with this document, sir, than I did the prior
7 A. All right. 7 one because you have been so helpful in
8 Q. Now, the levees that they're 8 telling me what the component pieces are. I
9 describing here, the 269 miles of levees, 9 just have some specific information I would
10 those are the LPV levees? 10 like to ask you if I can get to the beginning
11 A. No, it's probably more including 11 of this document.
12 west bank and New Orleans defense levees down 12 Okay. You've got to go into the
13 in Plaquemines Parish. 13 document about three-quarters of an inch to
14 Q. How many miles are they? Do you 14 get to this transmittal letter of 1 November
15 know? 15 1966 (indicating).
16 A. Ah, I don't know. I mean, this 16 A. Got it.
17 total, this might be the total amount. 17 Q. You got it? Good job. If we go to
18 Q. Okay. But of that whole 269 miles, 18 the next two pages later, "Status of design
19 it says 60 percent were damaged; right? 19 memoranda", do you see that?
20 A. Yes. Yes, sir. 20 A. Yes.
21 Q. Okay. We can clip and put in the 21 Q. This is similar to the topic and
22 discard pile Exhibit 13. 22 timetable we saw in the prior document;
23 We had so much fun with that one, 23 correct?
24 now we're going to go to another one. 24 A. Yes, sir.
25 MR. O'DONNELL: 25 Q. Okay. And go to page 2. Because
Page 254 Page 256
1 when we use the term "Chalmette area plan", I 1 Q. It says "A, The net levee grades --"
2 want to make sure we know what we're talking 2 That's the height of the levee; right?
3 about. You see page 2 of the status of design 3 A. Right.
4 memoranda continued? 4 Q. "-- were revised upward in
5 A. Oh, hold on. 5 accordance with the results of tidal hydraulic
6 Q. I'm sorry. It's the second page of 6 studies utilizing the latest hurricane
7 this schedule. 7 parameters developed by the U.S. Weather
8 A. Of this one right here? 8 Bureau and information derived from the
9 Q. Yes. It starts with "Design memo 9 passage of the major Hurricane Betsy in
10 number 3" at the top? 10 September, 1965." Okay?
11 A. Yes. 11 A. Yes, sir.
12 Q. Perfect. Great. So just so we know 12 Q. Do you know what -- how much the
13 what's constitutes the Chalmette area plan, 13 increase was?
14 first there's a GDM, general design memo; 14 A. Not offhand, no.
15 right? 15 Q. Well, with any luck, we'll probably
16 A. Yes. 16 find it in here. It should be in here
17 Q. Which is November, '66? 17 somewhere; right?
18 A. Uh-huh (affirmatively). Yes. 18 A. I would think so.
19 Q. Then there's an Inner Harbor 19 Q. Item D, could you read that for us,
20 navigation canal, T type floodwall site and 20 the first sentence?
21 crossing. 21 A. Page 7?
22 A. Okay. 22 Q. Yes. Item D.
23 Q. Right? 23 A. "Along the IHNC the sheet piling
24 A. Right. 24 wall with concrete cap providing a project
25 Q. And then there's going to be a DDM. 25 document plan has been replaced by an I-wall
Page 257 Page 259
1 and how we get up to 17 and a half feet? 1 Q. Okay. Now, what are all of these
2 A. No. 2 little things that look like a barber pole
3 Q. What is this? 3 down the left side?
4 A. This area is not 17 and a half feet. 4 A. Those are boring logs taken from
5 Q. I'm sorry. Forgive me. Whatever it 5 soil borings.
6 is. What is the design grade? 6 Q. Is that from the soil
7 A. This says the top of the wall is 15 7 classification?
8 at this location. According to this. 8 A. It should be, yes.
9 Q. Where is that number? 9 Q. If it were legible, right?
10 A. (Indicating). 10 A. Well, yeah.
11 Q. Oh, yeah, where it says "Elevation, 11 Q. And it would tell you what kind of
12 15 feet". Good, Pierce. Okay. 12 soil?
13 Top of I-type wall elevation, 15 13 A. Yes. More or less.
14 feet. Right? 14 Q. And what are the numbers there?
15 A. Yes. 15 Does that have something to do with --
16 Q. And then below that are layers of 16 A. You need to talk to a geotechnical
17 what? What the construction is going to be? 17 engineer. This is getting beyond what I know.
18 Oh, I see. I see sheet piling, bottom of 18 Q. Okay. Let's go to the next page.
19 sheet piling. Right? 19 This is a plan and profile for a different
20 A. Yeah. 20 area; right?
21 Q. Eight feet. 21 A. This is the next area down or up the
22 A. Uh-huh (affirmatively). 22 canal.
23 Q. Below surface. 23 Q. So if I followed this trail of these
24 A. Yes. Well, -- 24 documents, I would be progressively moving up
25 Q. It says minus 8.0? 25 along -- I would be progressively moving along
Page 270 Page 272
1 the segments towards Lake Pontchartrain? 1 Q. And goes to station 180 plus zero
2 A. Well, along wherever this leads, and 2 zero; right?
3 this would probably lead around the GIWW. 3 A. Yes, uh-huh.
4 Q. Ah, got it. Okay. Let's go to -- 4 Q. So it looks like we're along the top
5 yes, Let's go to the turn. It's a few plans 5 part of the GIWW Reach 1; right?
6 down. There it is right there. No. Where it 6 A. Yes.
7 turns? Is that the turn? 7 Q. Okay. And it ends at station 180
8 A. I don't have -- 8 plus zero; and if I go to the next page,
9 Q. You're looking at the back side. 9 eureka, it picks up at station 180 plus zero
10 A. (Indicating)? 10 zero and proceeds to station 290 plus zero
11 Q. That's it. Yes. It's the turn 11 zero; right?
12 around. Okay. 12 A. Correct.
13 MR. SMITH: 13 Q. And there's a scale here that tells
14 Is this plate number 6? 14 me how long 1,000 feet is, isn't there?
15 THE WITNESS: 15 A. Yes.
16 Number 7, I think, isn't it? 16 Q. And it looks like -- Oh, I am not
17 MR. O'DONNELL: 17 going to try to do that. Elevation here also,
18 Number 7, Robin. 18 net grade elevation appears to be 14 feet;
19 EXAMINATION BY MR. O'DONNELL: 19 right? A little more legible?
20 Q. Okay. You see the plate number 7, 20 A. Looks like it, yes.
21 sir? 21 Q. This ends at station 290 and picks
22 A. Uh-huh (affirmatively). 22 up on the next page at station 290 plus zero
23 Q. And I guess this is where the IHNC 23 zero as well. Do you see that?
24 meets the MRGO? 24 A. Yes.
25 A. And the GIWW, yes. 25 Q. Now it's making its turn from the
Page 273 Page 275
1 Q. And the GIWW. And again, the top 1 GIWW/MRGO into the Reach 2 of the MRGO; right?
2 part is a bird's eye view looking downward; 2 A. Right.
3 right? 3 Q. And shouldn't we see at some point
4 A. Yes. 4 in this or maybe the next one or two the Bayou
5 Q. And then the bottom half is the side 5 Bienvenu control structure?
6 or lateral view. 6 A. It's right there on page -- plate
7 A. Right. 7 number 10.
8 Q. And can you tell what the grade 8 Q. There it is; right?
9 level here is? Yes. 9 A. Yeah.
10 A. Not really. 10 Q. By the way, on plate 10, they
11 Q. It says 14.0, I think, doesn't it? 11 identify that last stretch of Reach 1 as
12 A. Your eyes are better than mine. I 12 "MR/GO". Do you see that?
13 can't tell anything. It might be that, yes. 13 A. Where?
14 Q. Whatever it is. Okay. And there's 14 Q. On plate 10, upper left corner, you
15 station numbers along here, aren't there? 15 see that in the channel it says "MR/GO"?
16 A. Yes, there are. 16 A. Uh-huh (affirmatively).
17 Q. God bless them. 17 Q. And then further up, an arrow points
18 So on the right -- the upper -- 18 to Gulf Intracoastal Waterway?
19 the upper bird's eye view, the right corner, 19 A. Uh-huh (affirmatively).
20 you see station 80 plus zero zero? 20 Q. In that direction. You see?
21 A. Yes. 21 A. Yes.
22 Q. If you go to the next page of the 22 Q. Now, the structure is the one that
23 document in sequence, it picks up in the upper 23 says "Structure" at station 360 plus zero
24 left at station 80 plus zero zero; right? 24 zero?
25 A. Okay. 25 A. Yes.
Page 274 Page 276
1 effect. It varies depending on what type of 1 You said earlier that the local
2 wetlands, where they are, how they're located, 2 people were worried about Hurricane -- had
3 what kind of features are in front of them, 3 been scared or frightened by Hurricane
4 behind them, whether they're cypress or what 4 Georges.
5 -- you know, a lot of variable. 5 A. Yes.
6 Q. Right. Cypress provide significant 6 Q. And asked Congress to authorize some
7 protection, don't they? 7 funding for the reconnaissance study?
8 A. They provide some protection. A lot 8 A. Yes.
9 depends on barrier islands. A lot of 9 Q. What were they scared about; do you
10 variations that are in the -- very complex. 10 know?
11 Q. I'm not going to ask you another 11 A. They were scared of a catastrophic
12 question about it. 12 inundation that could eventuate from a storm
13 Okay. Let's find this. It's 13 like Hurricane Georges.
14 plate A, sir. It's back -- 14 Q. Was Georges a near-miss for New
15 A. 8? 15 Orleans?
16 Q. A. It's called "Soil boring 16 A. Yes, it was.
17 legend". Do you see that? 17 Q. In this document after this soils
18 MR. SMITH: 18 classification, there's another section called
19 What does it follow, Pierce? 19 "Chalmette Extension Levee". Do you see
20 MR. O'DONNELL: 20 that?
21 It follows "Design procedure 21 A. Yes.
22 stability". A lot of stability 22 MR. O'DONNELL:
23 analyses. Well, a couple of pages. 23 Robin, I would like to mark that
24 Preceded by figures in table -- Let me 24 as a separate exhibit. Do you mind if
25 find it for you. 25 I just attach it?
Page 282 Page 284
1 for GNO HPS, Greater New Orleans Hurricane 1 Q. Do you know if the Corps did?
2 Protection System, elements exposed to Lake 2 A. I don't know.
3 Pontchartrain and Lake Borgne, FT LMSLO5". Do 3 Q. Okay.
4 you see that? 4 A. I just want to make sure I wasn't
5 A. Yes. 5 testifying as to the accuracy.
6 Q. I believe this is from the Team 6 Q. No, no, I wasn't asking you to do
7 Louisiana report. I'll represent that. 7 that. I was trying to interpret it. Let's go
8 MR. O'DONNELL: 8 back --
9 If I don't otherwise, Robin, I'll 9 MR. SMITH:
10 put on the record in the morning, but 10 Pierce, if I could just
11 I believe this is the source of it. 11 interrupt, what did you say it was?
12 EXAMINATION BY MR. O'DONNELL: 12 MR. O'DONNELL:
13 Q. Have you seen this before? 13 I believe it's Team Louisiana. I
14 A. No. 14 am going to check it. I was told that
15 Q. But this table depicts the design 15 -- I have the CD-ROM of it. That's
16 elevation of various levee systems under the 16 one of my fun things tonight to do, to
17 LPV. Do you see that? 17 make sure that that's --
18 A. That's what it depicts? 18 EXAMINATION BY MR. O'DONNELL:
19 Q. Well, look at the second column, 19 Q. Let's go back to Exhibit 18 if we
20 "Design elevation". You see that? 20 could, sir.
21 A. Yes. 21 A. All right.
22 Q. So if we go down to the bottom, 22 Q. Exhibit 18 is for the Chalmette area
23 Chalmette, B. Lawler to Violet, 17 and a half 23 plan, design memo number 3, general design
24 feet. Do you see that? 24 supplement number 1, Chalmette extension. See
25 A. Yes. 25 that?
Page 289 Page 291
1 an initial lift on that levee and I assume 1 and other people interested in local flood
2 they did a geotechnical investigation to 2 control.
3 determine the conditions of the subsurface 3 Q. Okay. This appears to be some
4 soils. 4 briefing paper for some meeting.
5 Q. You told me earlier they might have 5 A. Yes.
6 to do subsequent geotechnicals after the 6 Q. Okay. Let's go to the item 2,
7 limited? 7 "Problem". Do you see that?
8 A. Trying to implement that, yes. 8 A. Yes.
9 Q. Have you seen this document before? 9 Q. Would you read the first sentence of
10 A. I don't know. 10 number 2?
11 Q. And this geotechnical investigation 11 A. "Hurricane Betsy caused extensive
12 findings would be used by the Corps in 12 damage in the New Orleans area in 1965. The
13 designing and constructing the next lift or 13 repetition is feared by all concerned
14 enlargement? 14 including the Louisiana Congressional
15 A. That's correct. That's my 15 delegation. Heavy pressure has been exerted
16 understanding. 16 to expedite construction of protective works
17 Q. Okay. Great. 17 particularly for the Lake Pontchartrain
18 MR. O'DONNELL: 18 barrier and Seabrook lock."
19 Mark this as the next in order. 19 Q. Okay. Go to page 4, sir,
20 MR. ANDRY: 20 "Comment".
21 23. 21 A. All right.
22 EXAMINATION BY MR. O'DONNELL: 22 Q. Would you read the first sentence?
23 Q. I have marked for you, sir, Exhibit 23 A. "The engineering effort required to
24 23, which is a cover sheet called "Disposition 24 plan this project and other projects of the
25 form". The office is LMNED. What's that 25 continuing program plus the new starts for
Page 302 Page 304
1 this fiscal year far exceeds the present 1 have read about it.
2 in-house engineering capability of the 2 Q. Okay. Go to page little "i" if you
3 District." 3 will, called "Digest".
4 Q. Okay. When you were responsible as 4 A. Uh-huh (affirmatively).
5 Senior Project Manager for the LPV, were there 5 Q. The fourth paragraph, could you read
6 also continuing in-house engineering 6 that for us?
7 capability shortages? 7 A. The fourth paragraph?
8 A. No. We'd hire engineering -- 8 Q. Yes.
9 outside engineering firms as a matter of 9 A. "The Corps of Engineers schedule
10 course. Our problem is mainly finding funds 10 completion date has been delayed from 1970 to
11 to keep the people we have on board employed. 11 1991, while many of the factors are outside
12 Q. The contractors, you mean? 12 the control of the Corps of Engineers' own
13 A. Corps employees. 13 belated completion design plans and
14 Q. Corps employees. Were there periods 14 specification has contributed to the delays.
15 of time when you had to cut your Corps 15 See page 16."
16 employee staff who were working on the LPV? 16 Q. Would you go to the little double
17 A. They sometimes -- Every project was 17 "ii" and read the last paragraph beginning
18 having problems, but they would work on 18 "However"?
19 projects that had funding and they would 19 A. "However, some local groups oppose
20 shuffle around. We didn't have to cut 20 construction of the key elements of the
21 people. They didn't lose their jobs. 21 project such as the barrier complexes in the
22 Q. Okay. 22 Rigolets and the Chef Menteur. If local
23 MR. O'DONNELL: 23 support is not obtained, construction of key
24 Let's mark the next in order. 24 project elements may not be completed and
25 Thank you. What number are we here? 25 hurricane-induced surges and waves may not be
Page 305 Page 307
1 Q. And even if you completed it on 1 level by 2006. Our goal is to provide the 100
2 time, at the original cost estimate, and you 2 year level of protection by 2011.
3 did it consistently at design grade level 3 Q. All right. Forgive me. The Corps
4 throughout the entire loop, it still wouldn't 4 has now stated that it hopes to be able to
5 have prevented this catastrophe? 5 build additional flood protection works around
6 A. I think that would be still a great, 6 greater New Orleans to reach the level of
7 great deal of damage and would have been a 7 protection of the 100 year flood by 2011?
8 catastrophe probably as a result. 8 A. That's correct.
9 Q. Not just occasional flooding? 9 Q. Is the Corps on schedule to do that?
10 A. Not just occasional flooding. It 10 A. I believe we are. There's a lot of
11 would have been serious. Very serious. 11 work left to be done and there's still more
12 Q. Do you think the Corps is learning 12 money needed to be appropriated.
13 lessons from Katrina? 13 Q. To pass this prologue on, we need to
14 A. Well, I think, yeah, I think 14 be concerned about delays in funding; right?
15 everybody learns lessons. 15 A. I don't know. I think there's a
16 Q. What are the principal lessons? 16 certain commitment at very high levels to
17 A. Oh, well, there's a lot of lessons 17 provide those funds, so I am not going to
18 that are in the design arena, that I, you 18 presume that those funds won't be provided.
19 know, would defer to a engineer. Part of the 19 Q. To date have those funds been
20 problem I think you have is trying to meld 20 provided?
21 social and political requirements with 21 A. About half of them.
22 engineering details and designs and trying to 22 Q. The other half remains to be funded?
23 interface that to make it a viable long-term 23 A. I think the goal is to fund them
24 project. You have local sponsorship issues 24 sometime during the fiscal year 2009 budget.
25 that require attention that may delay. You 25 Q. Okay.
Page 309 Page 311
1 have legal issues, you have environmental 1 A. I don't think there's any rush to do
2 issues. You have individuals who have their 2 it, because we really don't need the money at
3 own thoughts on how things should be done. 3 this point. We have money that we can use to
4 And all of these things have to be handled. 4 award contracts across it.
5 And I think a lesson learned is that, I don't 5 Q. The Corps issued some maps of
6 care where your project is, whether it's in 6 projected flooding. Are you familiar with
7 California, New York, or New Orleans, you're 7 those maps?
8 going to face these problems. And none of 8 A. The risk and reliability maps?
9 these solutions are learned in school. These 9 Q. Yes, risk and reliability maps.
10 are political and social issues that demand 10 A. Yes.
11 political and social solutions that are well 11 Q. What do they seek to portray?
12 beyond the scope of what an engineer is 12 A. They seek to portray residual risk
13 capable of doing. 13 based on certain levels of flood protection.
14 Q. And it would be an even greater 14 So that if, for example, if a 100 year level
15 tragedy if the lessons that the Corps has 15 of protection is provided and that type of
16 learned from Katrina were not reflected in the 16 storm occurs, then the residual risk for most
17 ability to protect greater New Orleans to the 17 of the metropolitan area should be minimum.
18 degree the Corps now wants to. Wouldn't that 18 But if you had a 500 year event and you had
19 be fair to say? 19 only a 100 year level of protection, then it
20 A. Yeah. 20 would show a certain degree of flooding. And
21 Q. The Corps has estimated that it can 21 those maps are intended to portray residual
22 restore the New Orleans hurricane protection 22 risks so people can make decisions on where
23 system to the pre-Katrina level by 2011, I 23 they choose to live.
24 believe. Is that -- 24 Q. Can you translate the 100 year flood
25 A. No. We've restored to pre-Katrina 25 -- hurricane protection level with a Category
Page 310 Page 312
1 Q. Okay. You don't need you to guess. 1 New Orleans District, is there, or was there
2 When you were dealing with the 2 when you were working on the LPV, a
3 MRGO, were you dealing at all with the issue 3 differentiation between the MRGO and the LPV?
4 of the progressive bank erosion? 4 A. Oh, yes.
5 A. I've never dealt with the MRGO. 5 Q. Okay. And why is that?
6 Q. Well, when you were building -- When 6 A. Well, the MRGO was in operation and
7 you were the project manager for the levees -- 7 maintenance phase, appropriations. We were in
8 A. Yes. 8 the construction appropriations and, as such,
9 Q. -- was bank erosion a concern? 9 they were handled and operated separately.
10 A. No. 10 Q. Okay.
11 Q. Okay. And why is that? 11 A. By different people.
12 A. Because the banks had rock along the 12 Q. Different people. Your funding for
13 shore line at those locations. 13 the LPV came from a separate Congressional
14 Q. Okay. You're aware since the MRGO 14 appropriation from whatever ongoing operation
15 was completed in 1968 there had been 15 and maintenance dredging appropriations for
16 significant widening of the channel due to 16 the MRGO?
17 bank erosion? 17 A. No. Lake Pontchartrain and Vicinity
18 A. Yes. 18 funding comes from the Construction General
19 Q. Was that a concern of the Corps? 19 Account.
20 A. I think it was generally a concern, 20 Q. Okay.
21 yes. 21 A. MRGO comes from the O and M and
22 Q. At the bottom of the first page of 22 general appropriations. It was separate
23 the syllabus, it says, quote, "Continued 23 appropriations.
24 erosion threatens to produce large breaches in 24 Q. Got you. Page 8, please. Under the
25 the rapidly dwindling marsh buffer between the 25 section underlined "Water resources", there's
Page 321 Page 323
1 navigation channel and the other waters of 1 a second heading called "Surface water". Do
2 Lake Borgne and Breton Sound." 2 you see that?
3 A. Yes. 3 A. Yes.
4 Q. And then it says "Once the buffering 4 Q. And it says "Major surface waters in
5 margins --" Excuse me, "Buffering --" 5 the study area include the MRGO, the GIWW, the
6 Again. "Once the buffering margins are lost, 6 IHNC, the Mississippi River, Lakes
7 dredging frequency and quantity in the 7 Pontchartrain and Borgne, Chandelier and
8 vicinity of the breached bank area will 8 Breton Sounds." Right?
9 increase significantly." Why is that? 9 A. Okay.
10 A. Well, it's my understanding is when 10 Q. And Chandelier and Breton Sounds are
11 that happens, it causes sediments to be driven 11 down in the Gulf; right?
12 into the deeper channel from Lake Borgne and 12 A. Close to the Gulf, yes.
13 that would cause increased dredging 13 Q. Close to the Gulf. And then it says
14 requirements. 14 "All of these waters bodies are connected
15 Q. Right. Thank you. Then it says 15 hydraulically." Right?
16 "The navigation channel will be exposed to 16 A. Okay.
17 storms, currents, and less attenuated tidal 17 Q. Okay. What does that mean, to be
18 action from the north and northeast." Do you 18 connected hydraulically?
19 see that? 19 A. I am not sure what they mean there.
20 A. Yes. 20 There's probably some indication that if a
21 Q. And there's less attenuated tidal 21 hydrological event occurs in one, it affects
22 action because there's no buffering effect of 22 the other. I think in this case I'd have to
23 the marshes? 23 caution one about the Mississippi River since
24 A. I believe so, yes. 24 the lock -- the only connection, hydrologic,
25 Q. Okay. Inside the Army Corps, the 25 direct hydrologic connection would be down
Page 322 Page 324
1 Q. It's coming from a spoil bank area 1 Q. Is this for one section or for the
2 adjacent, it's one cost; if it's being hauled 2 whole LPV? Do you know?
3 from Alabama, it's another cost; right? 3 A. I don't know.
4 A. Exactly. 4 Q. Let's go back and look. It doesn't
5 Q. And if your materials are highly 5 really say, does it?
6 liquid, the cost of drying, et cetera, is 6 A. Well, they describe the whole
7 another factor you take into account; right? 7 project, but again, I am not sure if this
8 A. I would think so. 8 particular section refers to the whole project
9 Q. Page 2 indicates investigations that 9 or not.
10 were made. Do you see that? 10 Q. On page 5 for hydraulic pumped
11 A. Okay. 11 material they're estimating 18.795 million
12 Q. Sub A under 5, "Sources", has "Fine 12 cubic yards; right?
13 and coarse aggregate". Do you see that? 13 A. Uh-huh (affirmatively). Yes.
14 A. Yes. 14 Q. Is that a lot of material?
15 Q. Is that -- what is fine and coarse 15 A. Yeah, that's a pretty good quantity.
16 aggregate? 16 Q. Okay.
17 A. Well, aggregate is generally sand 17 (Whereupon a discussion was held
18 and gravel they use in making concrete. 18 off the record.)
19 Q. Okay. Great. Then the next, B, is 19 EXAMINATION BY MR. O'DONNELL:
20 "Rip-rap and derrick stone". 20 Q. Now, when the MRGO was completed
21 A. Uh-huh (affirmatively). 21 around 19- -- I think in 1968, we saw some
22 Q. Do you see that? 22 documentation that there was an elevation
23 A. Yeah. 23 above the water level of, what, about five
24 Q. Rip-rap, you told me, are large 24 feet or -- Do you remember what it was?
25 rocks -- 25 A. I don't -- I'm not sure what you're
Page 334 Page 336
1 Q. And if you look later in the 1 same degree of protection as the currently
2 document, I'll represent to you that Mr. Pinto 2 authorized plan."
3 wrote a letter to -- now here's a name from 3 Q. You can ignore the handwriting and
4 the past, Vice President Spiro Agnew, who I 4 the highlighting. It wasn't in the original.
5 guess was still Vice President then, and 5 Do you know what investigation
6 attached to -- toward the back of the letter 6 Major West is referring to that the Corps had
7 is his letter of October 21, 1969 to Vice 7 conducted prior to November, 1969 about the
8 President Agnew. That's it right there. Do 8 funnel effect?
9 you see that? 9 A. I have no idea.
10 A. Okay. 10 Q. Okay. You have never seen such a
11 Q. And he signs it on the second page. 11 study?
12 And he attaches a drawing from a map from a 12 A. No.
13 newspaper article in The Times-Picayune of 13 Q. Okay.
14 December 10, looks like 1965, but I am not 14 MR. O'DONNELL:
15 sure, and he has drawn an arrow and written 15 We'll mark this next in order,
16 the word "The funnel". Do you see that? 16 Robin.
17 A. Yeah. 17 MR. ANDRY:
18 Q. Where Lake Borgne is and moving 18 34.
19 toward the confluence of the GIWW, MRGO, Reach 19 EXAMINATION BY MR. O'DONNELL:
20 1, Reach 2. Do you see that arrow, sir? 20 Q. I have placed before you what's been
21 A. Yes. 21 marked as Exhibit Number 34. It's a draft
22 Q. He attached that to his letter. And 22 report, version 2.1, of the Army Corps, New
23 in the letter, on the bottom paragraph I have 23 Orleans District, dated 28 February 2006. The
24 highlighted a sentence. Do you see that? 24 title is "Elevations for design of hurricane
25 A. Yes. 25 protection levees and structures within the
Page 358 Page 360
1 New Orleans District." Do you see that? 1 to the Plaintiffs and the injunction -- and
2 A. Yes. 2 the agreement was to go with what was in the
3 Q. Can you just tell me generically 3 re-evaluation report. I don't know the legal
4 what this document is? 4 terms. It was basically an agreement amongst
5 A. That's the first time I have ever 5 parties to proceed with the project based on
6 seen it. 6 the re-evaluation report.
7 Q. Oh, okay. Has there been a planning 7 Q. And did that project proceed,
8 process since Hurricane Katrina for raising 8 however?
9 the elevation of levees in the hurricane 9 A. Yes.
10 protection system? 10 Q. It did?
11 A. There's been a process to evaluate 11 A. Yes.
12 elevations to come up with the proper heights 12 Q. But ultimately the barrier plan was
13 based on the Congressional mandate to go to 13 -- the barrier plan was abandoned; correct?
14 100 year level protection. 14 A. Based on the results of the
15 Q. Right. And so technical studies are 15 re-evaluation report, the evaluation plan was
16 being done and drafted? 16 not constructed -- I mean the barrier plan was
17 A. Oh, yes. Sure. 17 not constructed.
18 Q. Great. 18 Q. Okay. You weren't involved with
19 MR. O'DONNELL: 19 that litigation; right?
20 I'll represent to you, Robin, I 20 A. Oh, no.
21 believe there's a final version of 21 Q. So you don't know technically
22 this document. For some reason I 22 whether there were injunctions, settlement,
23 couldn't download it. So if and when 23 whatever? You just --
24 I get it, I'll send it to you. Okay? 24 A. I just know what I have read based
25 MR. SMITH: 25 on what I have seen in documents and fact
Page 361 Page 363
1 wetlands losses which is likely increasing the 1 Q. Would you read the second paragraph
2 threat from hurricanes." 2 for me, please?
3 Q. Okay. Now, we talked about that 3 A. "In addition, overtopping of the
4 yesterday. We saw a number of documents that 4 existing protection areas will flood vast
5 were chronicling that development; correct, 5 areas of the metropolitan area."
6 sir? 6 Q. May I stop you? That turned out to
7 A. Yes. 7 be prophetic, did it not?
8 Q. Would you read the next sentence, 8 A. Sure.
9 please? 9 Q. Vast areas of the metropolitan area
10 A. "Although coastal restoration 10 were flooded because a storm hit greater New
11 projects have been constructed, these have not 11 Orleans that exceeded the capacity of the
12 significantly reversed the current rate of 12 hurricane protection system even if it had
13 losses." 13 been at design grade to stop the surge;
14 Q. Okay. This suggests that there had 14 correct?
15 not been by 2002, when this report was 15 A. I think that's correct.
16 written, a net gain of land, correct, in the 16 Q. Would you read the next sentence,
17 area? 17 please?
18 A. That's correct. 18 A. "Analysis of this possibility has
19 Q. Next, the next sentence, please? 19 project -- has projected that unwatering the
20 A. "Additional projects have been 20 flooded areas would take many months."
21 proposed and are under study to address the 21 Q. Again, in 2002 this sentence is
22 coastal land loss problem, but these projects 22 prophetic. That's exactly what happened in
23 have not moved beyond a study stage at this 23 the wake of Hurricane Katrina; it took months
24 time." 24 for the water to subside in greater New
25 Q. And today, in the latter part of 25 Orleans?
Page 370 Page 372
1 appendix," and it's pages Roman V-18-60 1 compressible nature of the soils in this area,
2 through Roman V-18-81. Have you ever looked 2 it is necessary to periodically reconstruct
3 at the IPET report, sir? 3 levees in phases or lifts. As settlement
4 A. I looked at portions of it. 4 occurs, we award contracts to ensure that the
5 Q. Okay. Are you familiar with the 5 levees remain at the design elevation."
6 technical appendix and some of the -- 6 Q. We talked about that yesterday, the
7 Withdrawn. You mentioned that LIDAR studies 7 building of lifts or enlargements in
8 of the sections of Reach 1 and Reach 2 of the 8 progressive stages; correct?
9 MRGO were performed by the Corps after 9 A. Correct.
10 Katrina? 10 Q. In terms of a section that's built,
11 A. That's what I understand. 11 do you know what the approximate length was
12 Q. Okay. You're not an expert on 12 for Reach 2 when you built a section and then
13 LIDAR, I take it; right? 13 you were enlarging that?
14 A. No. 14 A. I really don't remember the length
15 Q. Have you used LIDAR in planning? 15 of the levee that we did at that time.
16 A. We have hired contractors to fly 16 Q. Is it in hundreds of yards, half
17 LIDAR for us to get results, but I am not an 17 mile? Just an approximation.
18 expert on the actual technicalities of how it 18 A. It's probably -- In this case, I am
19 works. 19 guessing about a mile, but I don't know.
20 MR. O'DONNELL: 20 Q. So a stretch that was being worked
21 We'll mark this the next in 21 on for a lift might be as long as a mile?
22 order. Thank you. 44? 22 A. Could be longer.
23 MR. ANDRY: 23 Q. Could be longer?
24 Yes, 44. 24 A. Yes.
25 EXAMINATION BY MR. O'DONNELL: 25 Q. Okay.
Page 378 Page 380
1 A. No. This -- This sentence is 1 that means I have to spend money that Congress
2 referring to justification for the project 2 specifically authorizes for that purpose.
3 that was given when the project was 3 Only then we can go build it. It's not
4 authorized. The inadequate protected system 4 simple."
5 seaward of the developed land areas was 5 Q. And did you say that?
6 referring to the original protected system 6 A. I might have. I don't really know.
7 that was in place at that time of 7 Something like that.
8 authorization. 8 Q. You said basically the same thing
9 Q. Right. And by 1999, however, none 9 yesterday, that the Corps can only spend money
10 of the levees on Reach 2 had quite yet reached 10 on specific projects when the funds have been
11 design grade level of 17 and a half feet; 11 authorized and appropriated by Congress;
12 correct? 12 correct?
13 A. Oh, I think at one point they were 13 A. That is correct.
14 constructed that high, yes. But they didn't 14 Q. The Corps doesn't have discretion
15 stay there. 15 just to go out and spend money willy-nilly.
16 Q. They settled; right? 16 A. That's correct.
17 A. They settled. 17 Q. So that's the gist of this quote
18 Q. Right. We Googled you, Mr. Naomi, 18 here; right?
19 and you have been speaking on behalf of the 19 A. Well, I don't know what it -- I
20 Corps during and after Katrina. I am just 20 meant by "it". I would have to see the
21 going to ask you about a couple of your 21 question. But if that's what they were
22 quotes, confirm that you actually said them. 22 asking, then that's probably the response I
23 MR. O'DONNELL: 23 gave.
24 What is our next exhibit? 24 Q. Certainly it was your view at the
25 MR. ANDRY: 25 time of Katrina, as I understand, and it's
Page 390 Page 392
1 still your view today, that the Corps cannot 1 and somebody outside the Corps.
2 build flood protection works, first, that have 2 Q. Right. Congress has to, for
3 not been authorized by Congress; correct? 3 example, appropriate the remaining funds for
4 A. That's correct. 4 the Corps to get to the 2011 goal --
5 Q. That have not been funded by 5 A. Yes.
6 Congress; correct? 6 Q. -- of the hurricane protection
7 A. Correct. 7 that's been recommended for augmenting the
8 Q. You can't get ahead of schedule and 8 hurricane protection system for greater New
9 authorize contractors to do work for building 9 Orleans.
10 levees or enlarging levees to design grade 10 A. Yes, sir.
11 until Congress has actually appropriated the 11 Q. Until Congress appropriates that
12 funds for your budget? 12 money, the Corps can't do it?
13 A. That's correct. 13 A. That's correct.
14 Q. And that's a separate budget for the 14 Q. And if it's never done, your view is
15 Lake Pontchartrain and Vicinity Hurricane 15 that's negligence?
16 Protection Project; correct? 16 A. Well, --
17 A. Every project has its own line item 17 Q. It's your personal view?
18 in the budget. 18 A. That's my personal view, but, of
19 Q. Including this protective system? 19 course, I can't say that -- I don't make the
20 A. Yes, it does. 20 judgment on that. That's my personal opinion.
21 Q. Okay. And MRGO also had its own 21 Q. Well, the analysts tell us that it's
22 separate appropriations, did it not? 22 only a matter of time before another severe
23 A. Yes, it does. 23 hurricane hits greater New Orleans; correct?
24 Q. I think you said that was the 24 A. Or anywhere else along the coast,
25 Operation and Maintenance budget? 25 for that matter. Houston, Tampa, Miami.
Page 393 Page 395
1 to build what's been known as the High Level 1 Q. Chief of Engineers. Okay.
2 Plan. Do you remember that testimony? 2 Is there an established regulation
3 A. That's correct. 3 or procedure, guideline, or standard that I
4 Q. And I asked you, well, if Congress 4 could look at about how the Corps goes about
5 didn't authorize a change in a different 5 making a decision not to follow a
6 direction, how was it done, and I believe you 6 Congressional authorization for, say, a civil
7 testified that the Corps believes that the 7 work like a flood protection and what process
8 Chief of Engineers of the Corps has the 8 of notification is given to the Congress?
9 discretion to do that? 9 Have you seen --
10 A. Yes. He informs Congress and 10 A. I imagine there is, but I don't
11 basically there's an agreement to proceed. 11 know.
12 Q. Okay. Is there any subsequent 12 Q. I put before you Exhibit 50, which
13 legislation enacted or does he just notify 13 is a computer printout --
14 Congress "I'm going in a different direction"? 14 MR. ANDRY:
15 A. I'm not aware of any, but it's 15 51. No, that's 50. You're
16 through the appropriation of Congress process 16 right. I'm sorry.
17 Congress -- 17 EXAMINATION BY MR. O'DONNELL:
18 Q. Do you know whether the Corps in 18 Q. Number 50. A computer printout of
19 fact informed the Congress of the Corps' 19 an article titled "New Orleans, growing
20 decision not to implement the barrier plan, 20 danger, wetlands loss leaves city a hurricane
21 but to proceed in a different direction with 21 hit away from disaster" by Paul Nussbaum,
22 what's called the High Level Plan? 22 Inquirer staff reporter. And we printed this
23 A. I'm pretty sure Congress is aware of 23 off the Philadelphia Inquirer website. Do you
24 it, yes. 24 see that?
25 Q. Do you know whether they notified 25 A. Yes.
Page 397 Page 399
1 first enlargement for this stretch. And if we 1 enlargement along a certain stretch of the
2 look at page 2, we can again see that the 2 MRGO. There's a line -- an arrow that says
3 existing was somewhere between 10 and 15 feet 3 "Location of work" which is up towards the
4 depending on the spot; right? 4 Bayou Bienvenu control structure; right, sir?
5 A. Yes. 5 A. That's correct.
6 Q. And then they were going to take it 6 Q. And if we look at -- Do you know
7 up to 18 feet? 7 what the -- If you go to the third -- the
8 A. That's -- That's right. 8 fourth page -- First of all, the date on this
9 Q. Okay. 9 is May, 1986. I think it's '86.
10 MR. O'DONNELL: 10 A. It says -- The third page says '85.
11 What's this? 11 Q. You're correct. It's '85. I
12 MR. ANDRY: 12 misspoke. If you go to the third page, --
13 61. 13 A. The third.
14 EXAMINATION BY MR. O'DONNELL: 14 Q. -- you see that the design grade for
15 Q. Number 61. 61 are more drawings. 15 this section is now 20.5?
16 This date is much earlier -- November, 1982 it 16 A. Yes.
17 looks like. The caption -- If you look at the 17 Q. And the existing appears to be
18 second page it's easier to read. It's the 18 somewhere between maybe a foot to a foot and a
19 Bayou Bienvenu to Bayou Dupre levee closure. 19 half to two feet below that?
20 Do you see that? 20 A. It's very hard to say. I can't
21 A. Yes. 21 really see the marks on the scale.
22 Q. What was the levee -- What was the 22 Q. I don't see a scale either.
23 levee closure? 23 A. It's there, but it's all blurred
24 A. I don't know. 24 out.
25 Q. If you look at the second page -- 25 Q. We don't know what the scale is
Page 425 Page 427
1 website or have you participated in the 1 dried up so that we can't raise them,"
2 creation of this information? 2 unquote. You said something like that?
3 A. No. I have never seen this before. 3 A. Probably so.
4 Q. In the middle it says "Al Naomi was 4 Q. Okay. The next entry, April, 2005,
5 a participant or observer in the following 5 a Popular Science article. You remember that
6 events." Do you see that? 6 article, don't you?
7 A. Okay. 7 A. I do recall it, yes.
8 Q. Do you know where this comes from? 8 Q. Okay. It quotes a John Hall of the
9 A. I don't know where they got it, no. 9 Army Corps. Who was John Hall in April, 2005?
10 I mean, I'm sure this comes from some 10 A. He was in our Public Affairs Office.
11 documents that were online or something. 11 Q. So he was the authorized spokesman
12 Q. Well, they may have collected it by 12 for the Corps?
13 doing a word search for your name. 13 A. Yes.
14 A. It's possible. That's probable. 14 Q. It says, quote, "John Hall of U.S.
15 Q. Okay. 15 Army Corps of Engineers, similarly calls the
16 A. Well, I see references to Sheila 16 city, quote, 'The most vulnerable major city
17 Grissett, which is a Times-Picayune reporter. 17 to hurricanes.'," unquote. Was that your view
18 Q. A Times-Picayune reporter? 18 as well in April, 2005?
19 A. Yes. 19 A. Pretty much, yes.
20 Q. On the second page, the June, 2004 20 Q. The next entry is a June, 2005 entry
21 entry, do you see that? 21 with multiple sources down in the bottom,
22 A. Yes. 22 Roberts, Bunch and Ivans. Do you see that?
23 Q. "Army Corps of Engineers begs local 23 A. Yes.
24 agency for funds to fix levee"? 24 Q. And it's discussing the 2006 budget
25 A. Yes. 25 for your New Orleans flood control projects
Page 429 Page 431
1 Q. And the citation is Bunch. Do you 1 suffered drastic reductions. Did that happen
2 know who Bunch is, that reporter? 2 in 2005?
3 A. I really don't know, sir. 3 A. Yes.
4 Q. How about Vidal? 4 Q. It says "The House of
5 A. No, I don't. 5 Representatives proposes the steepest
6 Q. Okay. It says "Al Naomi of the U.S. 6 reduction in hurricane and flood control
7 Army Corps of Engineers Project Manager --" 7 funding for New Orleans in history, 71.2
8 You were the Project Manager in '04; correct, 8 million or 21 percent." Was that about what
9 sir? 9 it was then?
10 A. That's correct. 10 A. I remember the number. I don't
11 Q. Quote, "Begs," unquote, the East 11 remember how they came up with that. It
12 Jefferson Levee Authority for $2 million to 12 covered not just this project, but many other
13 fund necessary levee repairs that Washington 13 projects.
14 has refused to fund." I'm going to ask you if 14 Q. It says "The cut would be the
15 you remember saying this or something to this 15 largest single year spending cut ever incurred
16 effect. Quote, "The system is in great shape, 16 by the New Orleans District."
17 but the levees are sinking. Everything is 17 A. Yes.
18 sinking. If we don't get the money fast 18 Q. Is that true?
19 enough to raise them, then we can't stay ahead 19 A. That's correct.
20 of the settlement, he says." Do you remember 20 Q. "As a result of the expected cut,
21 saying something like that? 21 the local Corps office postpones a study
22 A. Yes. 22 seeking to determine ways to protect the
23 Q. Then the further quote is, quote, 23 region from a Category 5 hurricane." That's
24 "The problem that we have isn't that the 24 your feasibility study; right?
25 levee is low, but that the Federal funds have 25 A. That's correct.
Page 430 Page 432
1 to try to get a sense of what you do and then 1 where the GIWW MRGO gate is going to be
2 I'm going to go to the manuals. Okay? 2 constructed, and that location has not yet
3 A. Okay. 3 been determined.
4 Q. So you're advising your office, and 4 Q. Let's just go a little further
5 the people, the engineers that work for you 5 south, because that has a special
6 are advising with regard to the planning, 6 circumstance.
7 design and construction of pre-Katrina work; 7 A. Uh-huh (affirmatively.)
8 correct? To get to the third supplement? To 8 Q. Let's take, you know, a couple of
9 get levees to their original design grade 9 miles south of there. Is there a general
10 pre-Katrina? 10 approximate goal for design grade for the 100
11 A. The hydraulic aspects of that 11 year plan?
12 effort, yes. 12 A. Correct.
13 Q. Okay. And the hydraulic aspects is 13 Q. What is it?
14 the movement of water? 14 A. It's going to be somewhere -- It
15 A. Correct. 15 depends on the actual slope of the levee
16 Q. Okay. And what particular kinds of 16 also. But it's going to be somewhere in the
17 things do you advise on? 17 vicinity of 26, 27 feet.
18 A. We're looking at the -- setting the 18 Q. That's after settlement?
19 height of the levee, looking at waves, and the 19 A. It could be higher or lower.
20 need for a wave berm on the levee. 20 Q. But that's an approximation. But
21 Q. Are you doing modeling or have 21 that's significantly higher than the
22 contractors doing modeling? 22 pre-Katrina design grade level of about 17 and
23 A. We have contractors and a team 23 a half feet; right?
24 performing modeling. 24 A. It is higher, yes.
25 Q. This includes wave run-up 25 Q. Okay. So it's some nine to ten feet
Page 441 Page 443
1 Q. Yes. But I understand that volume 6 1 A. Yes, you can say that.
2 is not available on the Corps website. Are 2 Q. Okay. And it has access to the Gulf
3 you familiar with that at all? 3 of Mexico; right?
4 A. No. 4 A. That is correct.
5 Q. This is dated 30 April, 2002, is it 5 Q. And it's adjacent to an inlet of the
6 not? 6 Gulf of Mexico called Lake Borgne?
7 A. That is correct. 7 A. Yes, that is correct.
8 Q. And it has the number EM1110-2-1100; 8 Q. Okay. Is there any aspect of the
9 correct? 9 Coastal Engineering Manual that is appropriate
10 A. That is correct. 10 for use in the design and construction of
11 Q. And what is the purpose of the 11 flood protection works along Reach 2?
12 Coastal Engineering Manual? 12 A. There's portions of the Coastal
13 A. It's to provide a technical coastal 13 Engineering Manual that deal with waves, so
14 engineering document. 14 that would be an appropriate for use.
15 Q. Okay. What's coastal engineering? 15 Q. Great. Let's go a couple of pages
16 A. Coastal engineering is the 16 in to the table of contents. What I have
17 engineering that is performed in a coastal 17 marked as Exhibit Number 6 is the preliminary
18 area, as distinguished from hydraulic 18 pages that accompany the manual and then I
19 engineering that might be more in a riverene 19 have the table of contents because the
20 area. It's to distinguish coastal processes 20 document is so voluminous.
21 that could occur during floods and other types 21 A. Uh-huh (affirmatively). Yes.
22 of events. 22 Q. By the way, I understand that this
23 Q. The hydraulic and hydrologic 23 manual is used as a text in universities for
24 dynamics of a river are different than that of 24 engineering. Is that correct?
25 a coastal area? 25 A. I would not know.
Page 450 Page 452
1 Q. Well, I was just curious because 1 different? Is there more run-up or less
2 they're talking about ancient world, pre-Roman 2 run-up with a regular or irregular wave?
3 times. Interesting. 3 A. It's going to depend on the ground
4 Show me the section, would you, in 4 or the levee that the wave is running up.
5 the table of contents where we would find 5 Q. For example, its slope?
6 waves? Ah, how about 2-1-2, regular waves? 6 A. Its slope, it's -- the material it's
7 A. Yes. 7 made out of. But as I understand, and I am by
8 Q. Chapter 1 is wave water mechanics. 8 no means an expert, an irregular wave can give
9 Is that one area that might be helpful for 9 you a greater run-up.
10 people that are designing and constructing 10 Q. Okay. And, therefore, it would be
11 levees along the MRGO Reach 2? 11 helpful to know these differences in
12 A. It would be helpful, yes. 12 theoretical calculations in doing your design
13 Q. Okay. In what sense would it be 13 if you're the engineering people?
14 helpful? 14 A. Yes.
15 A. There's a lot of background theory 15 Q. Okay. Great. What else besides
16 in this section, particularly distinguishing 16 waves in the Coastal Engineering Manual might
17 between regular waves and irregular waves. 17 be helpful to designers of flood protection
18 Q. Can you tell me the difference? I'm 18 works along Reach 2 of the MRGO?
19 going to give you a caveat. I was an English 19 A. See what they call it in here.
20 major. But can you tell me the difference 20 Q. How about wave hindcasting and
21 between a regular wave and an irregular wave? 21 forecasting; would that be something that
22 A. My understanding based on my -- It's 22 would be important as well?
23 two years experience with this work. A 23 A. Yes.
24 regular wave, the -- the wave height and wave 24 Q. Okay. How about chapter 3?
25 period are uniform. 25 Anything about estimating near shore waves?
Page 453 Page 455
1 Q. It's okay. You're on camera. You 1 A. Yes, you would need to know about
2 can do that. Go ahead. 2 near shore waves.
3 A. You forget. I forget. The wave 3 Q. And I am sorry to have to ask this,
4 height and wave period are uniform. It does 4 but what are near shore waves? I know I am
5 not vary. 5 boring you.
6 An irregular wave, you will see 6 A. Well, it's a good question.
7 one wave might be a little bit bigger than the 7 Q. Well, I caught somebody yawning.
8 next wave and the period might be a little bit 8 But I hope it wasn't me. I know it wasn't
9 shorter, a little bit different. It's not 9 you.
10 uniform. 10 Can you tell me what a near shore
11 Q. During a hurricane with surge like 11 wave is and why you might want to take that
12 Katrina, do we have regular waves, irregular 12 into consideration?
13 waves, or both? 13 A. As I understand the definition, near
14 A. You can have both. 14 shore waves are waves that are going to be in
15 Q. You can have both. Okay. And why 15 your shallow environs.
16 is it important to differentiate when you're 16 Q. Go ahead.
17 planning for a regular wave versus an 17 A. For example, Lake Borgne and the
18 irregular wave? What is it about the dynamics 18 wetlands would be considered a shallow
19 or properties of one versus the other that 19 environs as opposed to the Gulf of Mexico,
20 would affect the way you design? 20 which would be offshore waves, which would be
21 A. It's my understanding, again based 21 the bigger waves.
22 on my limited experience, that the run-up 22 Q. And they might have different
23 would be different from a regular wave as 23 properties as a near shore wave as opposed to
24 opposed to an irregular wave. 24 something out in the Gulf?
25 Q. Just in one sentence, how are they 25 A. That is correct.
Page 454 Page 456
1 Q. Might they have more destructive 1 Q. This is the tide coming up the
2 potential, less destructive potential? 2 channel from the Gulf you're talking about?
3 A. I don't know. 3 A. This is just general tides. There's
4 Q. All right. Let's move to chapter 4 4 tides everywhere. There's tides in Lake
5 then if we could. Surge zone hydro -- 5 Borgne.
6 hydrodynamics. 6 Q. Oh, of course. Okay.
7 A. Uh-huh (affirmatively). 7 Now, I take it storm surge, 2-5-5,
8 Q. Sounds like something my son would 8 would be important information?
9 like. But is there anything relevant to what 9 A. That is correct.
10 we're talking about here in this part of the 10 Q. Okay. We deal with tropical storms
11 manual? 11 here?
12 A. There would likely be some aspects 12 A. We deal with -- My office deals with
13 of this part of the manual that you would want 13 tropical and extratropical storms.
14 to consider, because the waves do break 14 Q. What's an extratropical storm?
15 depending on what the wave sees again as the 15 A. It's a storm that occurs outside of
16 topography. And there's mention here about 16 the tropical season. The storm may be caused
17 the incipient wave breaking. The waves -- 17 by like a northeaster. It's not a tropical
18 Q. Right. 18 storm.
19 A. -- as they run up the shore. If 19 Q. Right. Okay. Anything else in
20 you're at the beach, you see the wave breaking 20 chapter 5?
21 and continuing to run up and you see that 21 A. Datums.
22 white water; that's a wave breaking. And you 22 Q. Okay. What are datums?
23 can have that on your marsh and up your levee. 23 A. Datums is what you use to measure
24 Q. Okay. And given the small amount of 24 height and elevation.
25 land, if any, that existed at the time of 25 Q. What's the current datum that's used
Page 457 Page 459
1 Q. No, we just in the table of 1 is probably more toward dredging and beach
2 contents. It's multi volumes. 2 fill and scour protection --
3 But you think long wave 3 Q. Right.
4 hydrodynamics would be important? 4 A. -- and sediment transport, so --
5 A. There's different types of waves in 5 Q. Okay. Let's move on. Chapter 2 of
6 addition to irregular and regular waves. 6 part 3, long shore sediment transport. Is
7 There's long waves and short waves. And long 7 that pertinent at all?
8 waves have a different response and a 8 A. I would say not in the design of the
9 different run-up as opposed to short waves. 9 levee or the height.
10 Q. Okay. Great. Chapter 6, 10 Q. Fine.
11 hydrodynamics of tidal inlets? Is that 11 A. But pertinent to the -- possibly
12 pertinent here? 12 pertinent to the area.
13 A. I am not familiar with that 13 Q. But not to design of the levee?
14 section. 14 A. Right.
15 Q. Okay. Let's go to chapter 7, harbor 15 Q. That's my focus, is designing the
16 hydrodynamics. We're not dealing with a 16 levees along Reach 2.
17 harbor here. 17 Chapter 3, cross shore sediment
18 A. I'm not familiar with that section. 18 transport processes. Anything in there?
19 Q. Chapter 8 is hydrodynamic analysis 19 A. No.
20 and design conditions. Anything in there that 20 Q. Chapter 4, wind-blown sediment
21 seems pertinent to the planning process for 21 transport?
22 designing of these levees along Reach 2 of the 22 A. No.
23 MRGO? 23 Q. 5, erosion transport and deposition
24 A. Some of the processes that are 24 of cohesive sediments?
25 documented here might be applicable. Some of 25 A. No.
Page 461 Page 463
1 would be pertinent to what we're talking about 1 protection. Do you see that?
2 in terms of designing levees along Reach 2? 2 A. Uh-huh (affirmatively).
3 A. I am not familiar with this 3 Q. Is that important?
4 section. 4 A. Yes.
5 Q. Okay. 5 Q. And why is it important to try to
6 A. What I see here is you have got 6 protect against or minimize scouring?
7 rubble mound structures, rip-rap structures. 7 A. To maintain integrity of the
8 They sound more like the structures you would 8 structure.
9 see at a beach. 9 Q. Scouring, does it occur on the
10 Q. Okay. Rip-rap can be used for 10 foreshore side, the protected side, or can it
11 levees, can it not? 11 occur on both?
12 A. Rip-rap can be used to -- 12 A. On both.
13 Q. For armoring? 13 Q. Okay. But significant scouring can
14 A. For armoring, yes. 14 lead to instability of the structure; right?
15 Q. Great. Let's move then to -- I see 15 Erosion?
16 there's a section on use of wood. I don't 16 A. Uh-huh (affirmatively).
17 think that's pertinent, is it? 17 Q. Yes.
18 A. No. 18 A. Yes.
19 Q. Chapter 5 of part 6 of this manual 19 Q. Chapter 6 is reliability based
20 is -- deals with the subject of fundamentals 20 design of coastal structures. Do you see
21 of design. 21 that? Is there anything in there that might
22 A. Uh-huh (affirmatively). 22 be pertinent?
23 Q. Do you see anything in there that 23 A. I am not that familiar with this
24 would be pertinent? 24 section.
25 A. The wave run-up and run-down. 25 Q. Fine. Okay. Great. Now, prior to
Page 469 Page 471
1 Q. I see that. Yes. How about wave 1 -- Thank you very much for going through
2 overtopping of structures? 2 that.
3 A. Yeah, that whole -- that whole 3 Prior to the issuance of Exhibit 6
4 section I would look at. 4 in April 30, 2002, what was the Corps's
5 Q. That would be important, wouldn't 5 guidance on coastal engineering? What
6 it? 6 document?
7 A. Yes. 7 A. There were several documents that
8 Q. How about wave reflection and wave 8 pre-date that 2002 document, one of which was
9 transmission? 9 the 1984 Shore Protection Manual.
10 A. Yes. 10 Q. Okay.
11 Q. Okay. And there's rubble mound 11 A. Another would be the Shore
12 structure loading and response, including 12 Protection Manual I believe of 1977.
13 armor layer stability. Would that be 13 Q. Is there one in '74 as well?
14 important? 14 A. I'm not sure.
15 A. It could be important if we had a 15 Q. Are you familiar with a document
16 separate foreshore dike or a separate 16 that was a predecessor to the Shore Protection
17 breakwater. 17 Manual known as Shore Protection Planning and
18 Q. Got it. Okay. We didn't have that 18 Design, TR-4 manual issued in 1954?
19 for Reach 2, did we, I don't think? 19 A. I am familiar with a subsequent
20 A. I am not aware. 20 TR-4, yes but not the 1954 document.
21 Q. Okay. Almost there. Oh, look if 21 Q. Okay. What TR-4 are you familiar
22 you would at 5-5 -- I'm sorry. 22 with?
23 A. 6-5-4? 23 A. Where's my -- I think it's 1966.
24 Q. Actually, 6-5-6. It's on the next 24 Q. Okay. Great. Where would I get a
25 page. The bottom. Scour and scour 25 copy of that?
Page 470 Page 472
1 You want me to restate the question? 1 ask for guidance and information on how to
2 A. Yes. 2 help solve problems.
3 Q. Do you know whether any changes were 3 Q. Did that have non-Corps people on
4 made in Exhibit 6, the Coastal Engineering 4 it?
5 Manual, originally issued on April 30, 2002, 5 A. I am not aware of the make-up of the
6 as a result of Hurricane Katrina? 6 board.
7 A. I have no -- I'm sorry. I am not 7 Q. When was it abolished or
8 aware of any changes that have been made to 8 discontinued?
9 the publication itself. There's going to be 9 A. I am not aware of when it was --
10 some changes in some of the methodologies 10 Like I said, it's -- it changed into what was
11 listed in the Coastal Engineering Manual as a 11 called the Coastal Engineering Research Board.
12 result of our change in modeling approach of 12 Q. Does that group still exist?
13 hurricanes. 13 A. That group still exists.
14 Q. Okay. The change you mentioned to 14 Q. And still serves a similar function?
15 me earlier? 15 A. I assume it -- I assume it has a
16 A. Well, we're doing the joint 16 similar function, yes.
17 probability method of surge modeling in lieu 17 Q. Is the Coastal Engineering Research
18 of the empirical simulation technique that's 18 Board involved at all in the Corps'
19 listed in the Coastal Engineering Manual. 19 post-Katrina flood protection planning?
20 Q. What's the joint probability model? 20 A. I don't know.
21 How does it differ from the empirical? 21 Q. Okay. Did the Corps have at one
22 A. The empirical simulation technique 22 time a research facility with respect to
23 runs a suite of historical storms that is 23 hydraulics and hydro -- hydrology? Did the
24 supplemented by some synthetic storms. 24 Corps once have a research facility?
25 Q. And the joint probability model? 25 A. Yes.
Page 478 Page 480
1 Q. A research program? Where was it? 1 you see in a coastal process that you would
2 A. The hydraulics and hydrology was up 2 account for.
3 at Vicksburg, Mississippi at Waterways 3 Q. It's different, right, the way --
4 Experiment Station, which is now known as 4 A. It's different.
5 ERDC, Engineering Research and Development 5 Q. And affects how you design and
6 Center. 6 construct your flood protection works?
7 Q. So it still exists, but under a 7 A. It affects the hydraulics and how I
8 different name or is it -- 8 -- how we approach it from a hydraulic
9 A. It still exists under a different 9 perspective. I can't speak to anything
10 name. 10 besides my area of expertise.
11 Q. What does it do? 11 Q. Your hydraulics and hydrologic work
12 A. The ERDC -- 12 influences, for example, the grade level,
13 Q. Whatever it's called now. 13 design grade level of a structure, flood
14 A. That's what we call it. 14 structure; correct?
15 Q. ERDC. Okay. 15 A. That is correct.
16 A. ERDC. 16 Q. And may also influence the slope?
17 Q. Go ahead. Thank you. 17 A. That is correct.
18 A. It's an engineering research center 18 Q. May influence the materials used?
19 that covers a wide variety of hydraulic, 19 A. We will make recommendations, yes.
20 hydrologic, coastal, geotechnical research, 20 Q. And whether there is any armoring on
21 even computer research. They also do top 21 the front or the back of the levee? Your
22 secret things for the Army. 22 disciplines have --
23 Q. For the Army? They're doing work 23 A. Uh-huh (affirmatively).
24 for the Army? 24 Q. -- information that designers need to
25 A. They do work for the Army, yes. 25 take into account with regard to all of these
Page 481 Page 483
1 A. I'm sorry? 1 you can step to that map and just point to it?
2 Q. Levees, have you ever worked on 2 A. Yes, sir. Fronting -- Fronting the
3 levees? 3 levee system from mile 66 to 47.
4 A. No, sir. 4 Q. And that's basically between Bayou
5 Q. You're not a levee guy; you're a 5 Bienvenu down to the Verret turn?
6 waterway guy? 6 A. Immediately above Bienvenu down to
7 A. Waterway guy. 7 the Verret turn, yes, sir.
8 Q. And have you always worked on 8 Q. Okay. And when was this activity?
9 waterways? 9 A. Within the last year.
10 A. No, sir. I started my career in the 10 Q. Since Katrina?
11 Channel Stabilization Unit. 11 A. Yes, sir.
12 Q. What do they do? 12 Q. And is this the large stones and
13 A. Channel stabilization is basically 13 rocks that are being put along the banks?
14 the articulated concrete matting of the 14 A. Along -- yes, that's correct.
15 Mississippi and Atchafalaya Rivers. Extreme 15 Q. Is it on the foreshore side?
16 bank protection. 16 A. On the foreshore side, yes, sir.
17 Q. Got it. To guard against erosion; 17 Q. That would be the northeast side --
18 right? 18 the Lake Borgne side?
19 A. That's correct. 19 A. Immediately along the MRGO
20 Q. Or retard erosion; right? 20 shoreline.
21 A. And prevent meandering of the 21 Q. Has all -- All along the shoreline?
22 riverine system, yes. 22 A. Yes.
23 (Whereupon a discussion was held 23 Q. I'm sorry. This is a bank
24 off the record.) 24 stabilization measure?
25 MR. O'DONNELL: 25 A. That's correct.
Page 489 Page 491
1 He thinks he can stop the 1 Q. Okay. I'm sorry. And what kind of
2 Mississippi from meandering. 2 rock are you using?
3 EXAMINATION BY MR. O'DONNELL: 3 A. It's limestone, top size 200 --
4 Q. Is that what you said? 4 2,200 pounds.
5 A. We try, sir. 5 Q. Per rock, give or take?
6 Q. That's the saying; right? 6 A. Correct.
7 A. Yes, sir. 7 Q. Okay. And has that been put all
8 Q. And before channel stabilization, 8 along the MRGO from mile 43 to mile 60? I may
9 did you do anything -- 9 have gotten the miles wrong, but --.
10 A. I came on in channel stabilization. 10 A. Prior to this activity, it was
11 Q. So you were channel stabilization 11 already existing. This was just a repair job.
12 until 1998 when you started doing waterway 12 Q. A repair. Okay. Great. And does
13 dredging? 13 that help stabilize the bank, the rock?
14 A. That's correct. 14 A. Yes, sir.
15 Q. And since '98 you have been doing 15 Q. Okay. You may sit down. Thank you
16 waterway dredging? 16 for telling me that.
17 A. That's correct. 17 A. Certainly.
18 Q. Okay. Fine. Were you involved at 18 Q. Dredging, the MRGO, until it was --
19 all in channel stabilization for the M R G O, 19 I am not saying it's closed, but until -- up
20 what I call MRGO? 20 to Katrina, needed periodic dredging; right?
21 A. No, sir, not to any great extent. 21 A. Yes, sir.
22 One particular contract, we did a maintenance 22 Q. What is it about the properties of
23 lift on the foreshore protection just 23 the MRGO that needed -- Why did it need
24 recently. 24 dredging?
25 Q. Can you tell me where that was? And 25 A. The entire channel? It was just a
Page 490 Page 492
1 -- it's a shoaling process, a natural 1 Q. All right. For much of the history
2 shoaling process in the open water areas. 2 of the MRGO, there were no rocks along this
3 It's open to tidal effects and continuous 3 stretch of Reach 2; correct?
4 water movement on the interior, bank erosion. 4 A. Correct.
5 Silt of the channeling. 5 Q. Describe the banks and what they're
6 Q. Okay. Let's talk about shoaling. 6 made of and their consistency that makes them
7 Is that S H O A L I N G? 7 susceptible to erosion of the dirt which then
8 A. S H O A L, yes, sir. 8 goes into the channel and then goes down to
9 Q. Okay. Shoaling. What is shoaling? 9 the bottom and then shoals. What is it about
10 A. Shoaling is the filling in of the 10 waves from ships that causes that?
11 channel with earthen material. 11 A. The ship waves, from the larger
12 Q. Where does that material come -- 12 ships can reach as high as three or four feet
13 Let's just take upper Reach 2 as it gets close 13 in height. Obviously that exerts an energy on
14 to the GIWW. Let's just take that stretch. 14 the bank line. The bank lines are basically a
15 We'll use that as our frame of reference. You 15 marsh environment with silty clay soils.
16 see where that white strip of paper is? 16 Q. Easily broken up by a wave?
17 A. Yes, sir. 17 A. Yes, sir.
18 Q. It's that area and above it. Just 18 Q. Okay. Those soils then go into
19 focus on that part of upper Reach 2. What is 19 suspension in the water and settle to the
20 it that causes shoaling in that area? 20 bottom?
21 A. The large majority of it is ship 21 A. Ultimately. They are moved around
22 waves on the bank line causing erosion of the 22 by waves and tides again and ultimately settle
23 bank line. In that reach you have an opening 23 to the bottom, yes.
24 to Lake Borgne, so there is tidal effects 24 Q. Okay. So, and as it -- Can you show
25 where -- when water comes in and out from Lake 25 me what the basic parameters are of the
Page 493 Page 495
1 wider than the deeper portion, yes. 1 Q. And there's also organic material?
2 Q. And in terms of encroachment on the 2 A. The top layer of the marsh platform
3 marsh land, it is eating up marsh land as it 3 is organic. Yes, sir.
4 gets wider; correct? 4 Q. Like peat moss and those kind --
5 A. Yes, it is. 5 grasses and things?
6 Q. "It" being the erosion process. 6 A. That's correct.
7 A. Correct. 7 Q. As the water moves laterally,
8 Q. Okay. And one of the effects of 8 because of the shelving, the shelves that are
9 this erosion process, as you said, is sediment 9 being created, it destroys marsh land;
10 gets into the water and eventually it 10 correct?
11 settles. Is it -- You call that silt? Is 11 A. Yes, sir.
12 that silt? 12 Q. Okay. When the MRGO was first
13 A. Shoaling. 13 constructed there was a fairly extensive
14 Q. Shoaling. Is silting and shoaling 14 amount of Tupelo cypress. Are you familiar
15 different? 15 with that? Where the MRGO was cut?
16 A. No, sir. That's a fair statement. 16 A. I am aware -- I have read that, yes.
17 Q. Okay. Shoaling is a cool word, so 17 Q. Okay. Are there any Tupelo cypress
18 I'll use it. Shoaling occurs on the bottom of 18 left in the area we're talking about, in the
19 the channel; right? 19 upper reach of the MRGO?
20 A. And in those -- in the open water 20 A. I don't know.
21 area there is shoaling. 21 Q. You can't think of any?
22 Q. In the open water area as well. 22 A. In that reach on the north bank, no,
23 A. Correct. 23 sir. The south bank, of course, is now
24 Q. Okay. So that, therefore, reduces 24 leveed. Behind the levee, I don't know.
25 the depth of the channel? 25 Q. Okay. Great. Now let's talk about
Page 498 Page 500
1 the dredging operation. What kind of 1 Q. Excuse me one minute. Mr. Andry is
2 equipment do you use to dredge? 2 suggesting that picture says 1,000 words.
3 A. In this particular reach? 3 A. Certainly.
4 Q. Yes, in that area we were just 4 Q. He wasn't that articulate, but I
5 speaking about. Yes. 5 think that's what he meant.
6 A. It is a cutterhead dredge. 6 MR. ANDRY:
7 Q. A cutterhead dredge. I have heard 7 I'm trying.
8 that term before. What is a cutterhead 8 MR. O'DONNELL:
9 dredge? 9 Oh, Joe, I knew you would like
10 A. A cutterhead dredge has an actual 10 that.
11 suction pipeline that goes to the bottom with 11 We're going to mark this and I'll
12 a head on it that rotates and can cut 12 make a copy of it. Okay, Robin?
13 material. 13 Thank you.
14 Q. Like a Roto-Rooter? 14 EXAMINATION BY MR. O'DONNELL:
15 A. Basically, yes, sir. 15 Q. I have marked as Exhibit 65 a U.S.
16 Q. And it cuts into the dirt; right? 16 Army Corps of Engineers photograph which we
17 The soil, whatever? 17 got from the Corps, or from the New Orleans
18 A. Correct. 18 Public Library, one or the other, but this is
19 Q. And it then sucks it up a pipe? 19 a photo taken during the late '50s, early '60s
20 A. Sucks it up a pipe. 20 during the construction of the MRGO, and is
21 Q. With water? There's an engine 21 this -- Can you identify the kind of equipment
22 sucking it out? 22 or ship or barge that's in that photo 65?
23 A. There is a pump that sucks it out 23 A. Yes, sir. That is a cutterhead
24 and there is an additional line from the 24 dredge.
25 dredge to whatever disposal area you care to 25 Q. Okay. So the same kind of
Page 501 Page 503
1 put the material in. 1 cutterhead dredge that is used today to dredge
2 Q. So you're in the middle of the 2 the MRGO was apparently also involved in its
3 channel; right? 3 construction?
4 A. Correct. 4 A. That's correct.
5 Q. This cutterhead dredge; right? 5 Q. Okay. Great. How long have we had
6 A. Yes, sir. 6 cutterhead dredges? Do you know? Do they go
7 Q. And it's got its pipe in with its 7 back a long time?
8 roto-head and it's sucking the dirt out in 8 A. Yes, sir. I don't know the date.
9 liquid sus- -- in liquid, right, liquid 9 Q. Now, this photo shows what -- Is
10 suspension? 10 that the pipeline going in to the shore?
11 A. Yes, sir. 11 A. Yes, sir.
12 Q. And then it's shooting it over to 12 Q. And is that the spoil bank area
13 the side of the banks? 13 where it's depositing it?
14 A. By pipeline, yes, sir. 14 A. You see the pipeline coming?
15 Q. Oh, a pipeline running to the shore? 15 Q. Yes.
16 A. Yes, sir. There is a disposal 16 A. The spoil bank would be at the end
17 pipeline. 17 of the pipeline.
18 Q. Okay. And we're aware that there's 18 Q. The end of that pipeline.
19 a spoil disposal area -- 19 A. Off the photo.
20 MR. O'DONNELL: 20 Q. Off the photo. About how far off of
21 Let's mark that. Can we mark 21 the channel is the spoil bank along the Reach
22 this? 22 2 of the MRGO?
23 MR. ANDRY: 23 MR. SMITH:
24 You can use it. 24 At what time?
25 EXAMINATION BY MR. O'DONNELL: 25 MR. O'DONNELL:
Page 502 Page 504
1 Q. Okay. So over time they built it up 1 and almost anything it encounters? Does it
2 higher, but the width stayed about the same? 2 cut it up?
3 A. Over -- Over time the -- The initial 3 A. In general. Yes, sir.
4 4,000 feet was for construction and 4 Q. Pulverizes it or --
5 maintenance. 5 A. Yes, sir.
6 Q. Got it. 6 Q. Is it sort of like a blender?
7 A. Post-construction, the maintenance 7 A. That's a decent definition, yes.
8 right-of-way was 2,000 feet. 8 Q. Okay. The spoil bank area that
9 Q. Right. 9 we're talking about, in the upper Reach 2,
10 A. From the channel. 10 when the MRGO was being constructed was
11 Q. And we're going to talk in a minute 11 designed to be 4,000 feet wide, you said,
12 about the use of the spoil bank materials for 12 originally?
13 the levees, but I haven't gotten there yet. 13 A. Correct.
14 Okay? 14 Q. Okay. Did it have containment dikes
15 The spoil bank area where this 15 on the back side?
16 pipeline deposits, does it just shoot it out 16 A. Yes, sir, it did.
17 into a mound? How do they level it out or 17 Q. How were they constructed? Or what
18 what happens from when the -- when the 18 are they made out of?
19 hydraulic fill is shot into the spoil bank 19 A. The containment dike on the back
20 area? Is it just -- they move the pipe around 20 side?
21 like a garden hose? 21 Q. Yes.
22 A. In this particular instance, from 22 A. Was made of adjacent material.
23 what I could tell from the photography -- Let 23 Outside of the disposal area it was bucket
24 me back up one second. The material coming 24 dredged into a dike formation, earthen dike.
25 out of that pipeline, it's basically 70 to 80 25 Q. Okay. Was it compacted at all?
Page 506 Page 508
1 sir, as Exhibit Number 68. Do you see that? 1 Q. When the Corps was designing and
2 And can you tell us what station intervals 2 constructing the MRGO, the Corps was aware
3 that is? 3 that the banks would be subject to wave wash
4 A. This says station 0 to 130 plus zero 4 and the channel subject to shoaling, was it
5 zero. 5 not?
6 Q. So it's the same perspective we just 6 A. Yes, sir.
7 saw in the prior photo? 7 Q. Okay.
8 A. Yes, it is. 8 A. Now, that was in the report.
9 Q. Okay. And do you notice that there 9 Q. And did the planners take into
10 seems to be a widening of the GIWW to 10 account that there would have to be regular
11 accommodate the MRGO? Do you see what's going 11 dredging of the MRGO because of the erosion
12 on there? 12 due to wave wash and the shoaling effect?
13 A. Yes, sir. 13 A. There was anticipated maintenance of
14 Q. Okay. And that's all live, natural 14 the channel, yes, sir.
15 flora, whatever, trees and shrubbery that's 15 Q. Okay. The Corps was also aware that
16 being removed; correct? 16 the widening of the MRGO through bank erosion
17 A. Yes, sir, it is. 17 would result in marsh loss, was it not?
18 Q. Okay. I asked you whether or not 18 A. Yes, sir.
19 you thought those were Tupelo cypress or 19 Q. Now, I want to ask you a few more
20 cypress. 20 questions about the creation of the spoil bank
21 MR. O'DONNELL: 21 area and then I am going to go the levees and
22 Let's mark the next one if I 22 we'll be done.
23 could, Robin. 23 You said that when the hydraulic
24 THE WITNESS: 24 material comes out of the cutterhead dredge
25 This one is finished? 25 pipe, we have 70 percent liquid or water and
Page 513 Page 515
1 soil in this part of Reach 2 we're talking 1 goes through the IHNC locks, up to the GIWW,
2 about? What's its classification? 2 MRGO, takes a right turn, moves along there to
3 A. In very broad terms, silts and 3 where Reach 2 comes in, takes a right turn,
4 clays. 4 moves its way down to the Gulf of -- well, to
5 Q. Okay. 5 the Verret turn. Do you see that?
6 A. Again, like we said before, with an 6 A. Yes, sir.
7 overlaying of peat. 7 Q. Okay. As amended, that became --
8 Q. Peat. Right. And when it's all 8 and then cuts I'm sure down through back to
9 munched, mulched up by the cutterhead dredge 9 the Mississippi River. Do you see that?
10 and it's deposited in there, is it pretty 10 A. Yes, sir.
11 loose material even with the water out of it? 11 Q. That yellow perimeter, do you see
12 A. Yes, sir, it is. 12 that?
13 Q. It's not cohesive; right? 13 A. I see that.
14 A. Not initially. It will settle out 14 Q. All right. That was with the
15 and gain some strength. 15 extension that was added by the Corps after
16 Q. So the clay is cut up along with all 16 authorization, that's what was conceived to be
17 the other material and interspersed among the 17 the Lake Pontchartrain and Vicinity Hurricane
18 other fine grain soils? 18 Protection Project. Okay?
19 A. Interspersed? What -- which one -- 19 A. Yes, sir.
20 Q. Well, you end up -- We're going to 20 Q. Which we have agreed to call LPV
21 soon segue to what the material was that was 21 because there's too many words in there.
22 used to build these embankments for flood 22 Okay? So if I use LPV, you understand what I
23 protection. But the material after it settles 23 am referring to?
24 down, right, -- 24 A. Yes, I do.
25 A. Correct. 25 Q. And the designers -- Let's focus on
Page 517 Page 519
1 part, the 2000 feet part grows higher because 1 MR. O'DONNELL:
2 it's getting the periodic dredge material 2 All right. Great. Thank you,
3 deposited on it? 3 friends.
4 A. I would think so, yes, sir. 4 * * *
5 Q. Okay. So somebody said, "Okay, 5
6 we're going to build levees" and the area 6
7 where they built it was essentially where the 7
8 newer 2,000 feet of spoil was; correct? 8
9 A. I believe so, sir. I am not sure if 9
10 there was refinements within that. 10
11 Q. So was the levee basically 11
12 constructed on top of that newer 2,000 feet 12
13 wide area of spoil material? 13
14 A. Again, I -- I don't know the levee 14
15 design as to what procedures were taken, but 15
16 yes, on that alignment, yes, it was. 16
17 Q. It was on that alignment? Okay. 17
18 A. As far as I know, yes. 18
19 Q. And they already had maybe five or 19
20 eight feet of elevation; correct? 20
21 A. I don't know what the elevation was 21
22 post-construction of MRGO, but I would -- I 22
23 would -- based on material that was dredged, 23
24 yes, sir, I would think so. 24
25 Q. Okay. One of the things we have 25
Page 522 Page 524
1 1 WITNESS'S CERTIFICATE
2 WITNESS'S CERTIFICATE 2
3 3 I, NANCY JEAN POWELL, read or have had my
4 I, WALTER O. BAUMY, JR., read or 4 preceding testimony read to me, and hereby
5 have had my preceding testimony read to me, 5 certify that it is a true and correct
6 and hereby certify that it is a true and 6 transcription of my testimony, with the
7 correct transcription of my testimony, with 7 exception of any attached corrections or
8 the exception of any attached corrections or 8 changes.
9 changes. 9
10 10
11 _____________________
_____________________ 11 (Witness' Signature)
12 (Witness' Signature) 12 ____________
13 ____________ DATE SIGNED
DATE SIGNED 13
14 14 DEPONENT PLEASE INITIAL ONE:
15 DEPONENT PLEASE INITIAL ONE: 15
16 _____ Read with no corrections
_____ Read with no corrections 16
17 17 _____ Read and correction sheet attached
18 _____ Read and correction sheet attached 18
19 19
20 DATE TAKEN: NOVEMBER 15, 2007
DATE TAKEN: NOVEMBER 14, 2007 20
21 21
22 22
23 23
24 24
25 25
Page 525 Page 527
1 1
2 WITNESS'S CERTIFICATE 2 WITNESS'S CERTIFICATE
3 3
4 I, ALFRED CHARLES NAOMI, read or have had 4 I, KEITH JOSEPH O'CAIN, read or have had
5 my preceding testimony read to me, and hereby 5 my preceding testimony read to me, and hereby
6 certify that it is a true and correct 6 certify that it is a true and correct
7 transcription of my testimony, with the 7 transcription of my testimony, with the
8 exception of any attached corrections or 8 exception of any attached corrections or
9 changes. 9 changes.
10 10
11 11
_____________________ _____________________
12 (Witness' Signature) 12 (Witness' Signature)
13 ____________ 13 ____________
DATE SIGNED DATE SIGNED
14 14
15 DEPONENT PLEASE INITIAL ONE: 15 DEPONENT PLEASE INITIAL ONE:
16 16
_____ Read with no corrections _____ Read with no corrections
17 17
18 _____ Read and correction sheet attached 18 _____ Read and correction sheet attached
19 19
20 20
DATE TAKEN: NOVEMBER 14 AND 15, 2007 DATE TAKEN: NOVEMBER 15, 2007
21 21
22 22
23 23
24 24
25 25
Page 526 Page 528
1
2 REPORTER'S CERTIFICATE
3
4 I, ROGER D. JOHNS, RMR, RDR, CRR,
5 Certified Court Reporter, do hereby certify
6 that the above-named witness, after having
7 been first duly sworn by me to testify to the
8 truth, did testify as hereinabove set forth;
9 that the testimony was reported by me in
10 shorthand and transcribed under my personal
11 direction and supervision, and is a true and
12 correct transcript, to the best of my ability
13 and understanding; that I am not of counsel,
14 not related to counsel or the parties hereto,
15 and not in any way interested in the outcome
16 of this matter.
17
18
19
20 ROGER D. JOHNS
21 CERTIFIED COURT REPORTER
22 STATE OF LOUISIANA
23
24
25
Page 529
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343:21 358:6 489:16 491:23 409:6,10,13 10:7,15,18 154:16 185:10
413:17 419:5 492:13 493:4 413:20,20 16:2,8,19 256:10 307:17
421:12 426:7 493:22,23 422:19 17:12 91:15 389:10 505:7
439:3 445:8 495:14,14 based 39:16,25 126:15 266:7 begins 46:8,14
446:9,13 500:22,23 52:7 54:11 364:24 365:2 73:14 152:20
448:20 475:25 504:12,16,21 56:7 61:10 365:11 525:4 158:22 161:11
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468:19 487:9 325:11,25 522:23 331:1 375:7 believe 29:1
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278:10,19 328:17 383:18 81:10 269:5,8 415:9 416:20 57:13 85:1
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516:6 495:5 497:2 basic 17:23 442:18 444:6,8 116:6 129:6
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178:21 253:11 barber 272:2 294:23 495:25 BB 418:17 170:11,23
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300:18 319:9 494:9 134:21 187:22 467:11 469:9 186:20 190:19
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329:20,23 215:16 216:5 491:4 495:14 BEARDEN 3:20 262:4 263:3
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338:19,23 219:15 237:2 506:25 522:11 beats 421:10 289:11 291:13
349:5,15,17 282:9 304:18 BASIN 3:23 BECNEL 3:7,8 293:10,12
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385:3,11,14,23 468:15 Bates 351:8 514:15 523:4 387:23 388:17
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chosen 167:25 431:16 262:17 268:10 406:25 407:9 497:7
CHRISTOVI... civil 1:5,10 2:7 268:11 324:12 coding 28:15 comes 115:20
5:6 6:7 11:20 324:13 327:7 407:5,10 135:5 157:5
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373:23 23:21 28:10 442:17 493:13 517:13 323:18,21
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13:24 14:21,22 176:22,23 334:13,15 Collins 376:11 196:22 256:2
churning 59:23 177:1 335:9,11 coast 395:24 376:12 commanded
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circumstance clarification coastal 26:23 32:12 118:22 Commander
443:6 357:7 421:25 97:22 103:10 118:24 124:14 124:19 398:16
circumstances classification 104:25 105:14 124:20 125:4 401:11
33:7,12 82:21 272:7 283:15 105:25 106:2,4 125:17 341:4 commanding
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499:19 classified 54:11 107:10 353:18 401:15 commands
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177:15,20,21 495:15 517:16 450:12,13,15 265:12 289:19 commensurate
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182:17 189:18 227:1 450:25 451:4,4 columns 223:13 comment 196:14
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204:11,14 cleaning 499:12 452:12 455:16 29:9 141:25 comments
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517:25 518:4 109:7 140:2 Creole 419:25 159:19 160:18 dangerously
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527:15 528:8 500:23 412:4 413:12 500:15 501:12 108:5 151:18
528:16 courses 426:4,17 415:23,23 508:2 517:16 152:10 214:4
correspondence court 1:1 5:18 416:25 418:18 521:11 231:22 303:8
359:9 6:21 12:7 424:3 463:17 cuts 501:16 307:10 311:19
corresponding 15:22 16:5 crosses 423:1 519:8 314:16 357:4
93:19 185:24 112:4,10 crossing 257:21 cutterhead 364:15 389:1
267:19 113:17 362:17 294:14 501:6,7,8,10 403:7 407:14
cost 62:2 83:2 435:5 485:4,10 crossings 159:23 502:5 503:23 410:6,8,10,13
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general 20:13 69:9 82:20 78:1 85:1 86:9 513:10 519:1 258:13,24
21:22 22:8 85:14 114:23 87:25 88:1,23 GIWW/MRGO 261:15 262:18
33:23 34:5,21 114:25 115:21 97:7 122:12,14 276:1 265:10 267:7
34:22 37:1 137:18,23 122:15 123:2 glanced 26:3,20 272:18 273:4,5
39:24 40:14 138:21 142:24 228:6,11 26:22 274:22 275:8
52:10 56:4 155:23 174:1 266:10 272:16 gleaned 477:24 279:9 285:24
64:17 75:24 184:2,22 190:8 301:14,20 Glenn 340:8 286:4 289:22
80:21 83:4 221:2 227:13 302:2,11 glossary 163:5 291:7,19
89:2 90:6 228:7 233:4 442:11 468:21 GNO 289:1 292:10,15
97:14 100:18 281:20 303:21 481:20 go 17:3 20:8 293:13 295:5
100:20 106:17 316:18 317:10 geotechnicals 23:7 32:7 34:9 295:24 296:6
114:3 121:3 317:16 321:20 302:6 39:3 42:25 296:16 298:17
131:6 132:17 334:17 354:25 Gerald 3:4,11 43:8 46:2,3 304:6,19 307:2
132:21,23 436:3,4 439:16 15:12 47:12 50:19 307:16 320:12
133:1 170:4 446:18 451:10 Gerry 14:24 51:22 52:1,6,9 332:8 336:4
187:19 192:22 485:18 518:17 getting 119:9 54:5 61:13 339:20 353:11
193:1,3,25 518:25 121:2 224:13 65:5 72:2,15 361:13 363:2
194:23 195:2,4 generate 96:19 227:7,25 73:13,22 75:22 367:3 371:22
195:24 196:20 generated 169:2 272:17 337:21 78:7 81:18 391:24 392:3
198:14 199:12 389:16 348:8 371:19 83:18 86:3 392:15 394:2
200:2,13 generates 522:2 93:15,16 97:21 394:23 408:12
210:21 220:3 447:17 Gilbert 7:4 104:4 105:4,17 411:22 414:16
220:25 227:14 Generating gist 392:17 115:1 116:19 415:12 426:7
227:16,24 368:21 give 29:5 91:2 119:10 130:3 427:7,12 441:2
228:5 229:21 generic 55:8 97:16 106:21 134:12 135:7 443:4 444:3
230:3 250:18 generically 121:13 209:18 135:13 140:20 446:9,13
252:20 255:11 196:6 361:3 234:11 263:14 141:2 143:10 451:22 452:15
255:16 257:14 388:15 494:19 287:20 301:9 144:10,18 454:2 456:16
264:18 281:15 geo 87:24 203:7 344:4 412:7,9 151:19 154:14 461:15 464:15
291:23 294:1 Geodetic 203:9 416:24 453:19 160:16 164:10 466:1 468:23
296:18,23 geographic 455:8 492:5 170:12,25 479:25 481:17
297:24 298:22 195:18 given 1:20 35:18 175:12 178:12 486:13 488:13
300:2,15 306:6 geological 51:3,8 164:22 243:9 184:4,5,13 495:18 504:6
323:18,22 331:14,20 345:10 390:3 185:8 187:6 509:22 515:21
347:2 436:9 geologist 52:3 399:8 457:24 192:6 196:24 goal 170:8 235:1
443:9 459:3 geology 52:5,7 gives 99:6 198:5,23 311:1,23 395:4
488:3 497:18 331:22 285:12 335:23 199:15 201:5 428:3,13
442:14 443:10 333:22 339:11 456:6 464:20 423:2,10 424:7 302:17 309:6,7
447:7 339:20 347:11 485:13,14 426:13 427:14 326:17 334:19
God 274:17 347:19,21 GOODWIN 5:3 428:4,5 439:25 356:8,14
goes 116:13,14 355:21 377:16 Googled 390:18 440:1 441:9 361:18 364:2
165:25 185:4 385:7 390:21 gotten 154:1 442:5,14 374:19 385:16
214:21 275:1 391:11 394:18 492:9 497:24 443:10,22 406:3 410:16
277:8,9 279:20 397:14 398:20 497:24 506:13 483:12,13 411:20 412:25
346:11 399:4 406:14 408:8 government 520:2 413:1 430:16
420:25 495:8,8 410:18,22 236:2 371:15 grades 71:6 437:12 446:14
501:11 507:18 420:1 424:20 Government's 76:20 188:18 449:14 451:2
516:7,14 519:1 425:6 426:15 123:14 259:1 452:15 455:15
going 16:20,21 430:14 436:9 Governor graduated 122:1 458:12 461:10
19:23 21:15 440:25 441:2 347:20,20 grain 54:7,10,16 462:8 467:3
23:10 26:18 442:25 443:1 gradation 55:20 54:23 55:2,5,7 469:15 471:25
31:6 39:10,10 443:14,16 grade 45:3 71:6 55:15,21 56:12 472:24 473:4
41:6,16 42:9 446:17 453:19 80:11 87:1,2 60:8,12,17,18 473:12 476:21
42:10 43:13,16 455:3 456:14 90:17,23 160:7 62:18 63:1,23 486:2 490:21
48:8 49:2 462:16,18 167:7,11,12,25 517:18 492:12 499:21
60:10 61:19 472:1 475:14 169:17 170:7 graph 286:25 500:25 504:5
62:3 71:5 72:9 478:9 486:2,3 171:15 173:21 graphic 113:11 505:10 507:24
78:5 79:11 503:11 504:10 173:24,25 grasp 186:24 523:18 524:2
93:4 97:21 506:11 507:10 174:9,16,17 grass 59:12 greater 20:16
98:10 105:23 509:12 510:5 175:2,3,10 74:22 83:3,7 141:15 179:14
108:2 110:8 511:14,21 181:13 183:1 83:11 232:10 211:3 289:1
130:3 140:5 512:5 513:11 189:3 202:13 232:12 308:23 310:14
145:23 146:19 515:21 517:20 202:16 204:17 grasses 500:5 310:17 311:6
155:22,23 518:19 520:3 211:6 221:12 gravel 334:18 372:10,24
169:5 170:4,6 522:6 523:22 221:15 222:5 gray 186:25 395:8,23
187:2 191:3 Goldberg 226:9 227:8 great 17:8,22 439:18 455:9
192:5 193:4,5 215:24 229:24 231:12 19:20 25:6,20 518:16
195:21 198:10 golf 83:15 232:8 233:16 26:18 38:13 greatest 104:2
199:21 200:20 good 16:8 46:19 233:21 234:2 40:13 61:3 308:8
201:3 211:14 49:12,17,18,20 234:21 239:12 73:8 99:23 greatly 159:24
212:4 224:20 55:11 62:23 239:17,23 101:15 103:12 Greek 465:4
225:2,7,8 63:5,7,10 75:1 240:21 246:5 104:5 110:20 Grissett 429:17
228:14 229:16 97:16 112:13 253:17 261:24 114:6 116:12 ground 43:11,24
234:5 235:5 112:14 132:1 262:2,18 270:6 117:7 120:2 81:4 225:7
243:18 244:22 162:12 186:24 274:8 275:18 130:19 133:14 228:21 260:17
249:1 254:24 194:13 210:12 278:7,15,19,23 135:16 137:17 261:12 263:13
256:5 257:25 221:14 230:19 279:7,18 138:4 148:11 423:14 455:3
270:17 271:21 256:17 267:18 290:16 293:7 149:22 151:14 group 4:5 15:8
275:17 282:11 270:12 287:20 295:21 309:3 152:15 170:25 19:8,11,12,14
285:6,19 336:15 347:3 372:13 390:11 176:11 178:9 21:19,20,24
291:14 301:3 355:18 356:2 393:10 413:23 178:12 182:23 22:2,9 23:3,23
310:8 311:17 357:13 385:10 414:24 415:22 189:17 198:23 480:12,13
315:24 329:18 403:18 433:25 416:25 417:7,9 209:5 237:8 groups 21:23
331:7 332:8 435:12,23,25 422:23,24 244:20 257:12 307:19
384:23 385:11 John 5:15 12:5 justification KEARNEY 5:6 72:21 73:10
393:17 344:8 351:22 388:18 390:2 keep 79:13 137:7 79:9,18 81:2
items 93:10 431:8,9,14 justifications 164:25 191:18 81:11,11,14
iteration 195:9 Johnny 218:16 388:20 260:9 300:17 83:9 85:5,9
474:8 Johns 5:18 6:21 justify 243:17 305:11 330:11 86:5,19 87:5,9
iterations 377:3 12:7,8 529:4 justifying 464:6 494:14 88:3 89:8
Ivan 401:23,24 529:20 388:19 496:24 514:2 90:25 93:8
402:1,1 joint 207:10,11 keeping 120:23 94:18 95:9,18
Ivans 431:22 445:23 478:16 K keeps 79:12 95:21 96:2,17
I-type 260:2 478:20,25 K 1:7 133:9 157:6 99:13 101:6,8
269:2 270:13 479:1 Katrina 1:5 10:7 KEITH 1:20 101:9 102:13
280:11,13 jointly 217:23 86:13 94:21 9:23 485:7 103:12 107:7,9
I-wall 223:1,4 Jon 12:13 130:1,7 134:25 528:4 107:13,18
259:25 260:3 JONATHAN 172:8 173:19 Kenner 435:3 108:1,24
260:16,22 2:15 173:23 179:18 key 306:20 116:16,17
261:8 279:20 JOSEPH 1:20 204:24 207:22 307:20,23 123:8 126:7,7
280:5,11 2:11,11 3:20 207:23 208:5 371:19 126:12 127:23
I-walls 85:17 9:23 485:7 208:24 209:7 kidding 32:24 131:2,18,20
528:4 209:25 233:22 kind 40:8 54:18 142:20,24,25
J Jr 1:18 3:8 5:7 236:15 238:4,7 56:5 63:21 144:1 147:12
J 198:7 376:10 9:6 16:2 238:8 239:1,25 81:7 118:12 151:14,16
383:10 351:23 525:4 240:14 241:14 140:19 143:15 160:21,22
Jack 314:15 Judge 1:7 241:22,24 149:11 157:3,6 161:3,6,18,21
354:15 123:17 242:5,20 169:11 196:5 162:2,3 166:14
James 32:12 judgment 33:19 247:12,16 214:17 224:10 166:19 169:14
January 18:12 34:2 37:3 249:11 250:23 227:13 230:16 171:14,15,19
152:1,11 87:21 92:17 251:10,19 272:11 282:3 173:2,10 174:3
294:22 374:11 395:20 252:6,21 330:14 343:23 174:8,19
JEAN 1:19 9:20 Julia 3:12 253:17 262:12 365:4 371:12 175:11 176:7
435:2 527:3 July 214:3 349:4 263:7 286:13 396:1 408:1 179:21,21
Jefferson 4:15 351:25 362:9 297:16,19 415:13 419:6 183:4 186:21
15:20 117:13 382:21 424:23 308:16 309:13 438:13 445:12 188:7 190:16
217:10,18 511:6 310:16 315:21 492:1 500:4 190:23,24
219:13 243:11 jumped 180:8 316:12,23 501:1 503:21 191:22 193:3
244:7 264:11 junction 294:12 317:6,15 503:25 194:10,14,15
313:16 340:19 294:17 325:19 328:1 kindly 184:25 195:16 196:25
341:14 342:3 June 136:3 352:18 354:23 kinds 441:16 197:1,3,4
343:5,9 430:12 231:2,2 232:22 361:8 366:21 knew 503:9 201:10,12
JENNIFER 5:11 265:18 301:17 367:24 372:23 know 29:2,10 204:10,20,22
Jindal 347:20 333:13 365:24 373:14 378:10 35:19,21 36:1 204:25 210:25
job 22:25 24:5 429:20 431:20 390:20 392:25 36:6 37:13 211:5,6,10
26:6 121:6 433:4 464:12 400:13 401:19 38:24,25 39:6 214:16 222:10
240:25 256:17 465:13 468:4 401:21 439:14 49:19 52:2 222:13 223:7,8
388:22 492:11 jurat 214:3 440:17 454:12 53:21,21 54:19 225:24 226:1
jobs 305:21 jurisdiction 458:1,10 57:22 59:7,11 227:2,3 229:25
433:2 214:13 477:25 478:6 60:25 63:16 230:2,9,10
Joe 12:13 503:9 JUSTICE 2:6 491:10 492:20 65:1 71:15 231:14 232:24
215:3 269:22 2:22 12:2 439:2 467:19 455:16 457:11 169:7 243:4,22
303:3,6,19,23 main 326:18 manager 93:2,5 457:13 469:19 320:16 391:15
369:13,20 maintain 205:20 120:6,19 472:9,12,17,18 margins 322:5,6
391:18 406:19 213:20 327:17 121:19 128:16 474:12,25 mark 16:14,18
413:18 443:19 345:6 471:7 128:20 129:13 475:4,7,9,11 29:22,24 30:5
447:22 466:23 maintained 235:16 305:5 475:13,18 30:7 91:11
lowering 43:24 25:13 321:7 379:3 476:5,10 98:10 104:17
lowest 42:13 maintaining 388:23 401:3 477:22 478:5 113:10 114:8
LPHVPP 362:10 343:16 430:7,8 478:11,19 135:5,6 136:11
LPV 127:16,22 maintenance managers 326:2 521:20 138:6 140:5
128:10,13,14 22:13 208:1,8 managing manuals 25:12 153:10 193:11
128:21 129:9 208:10 209:1,9 439:19 25:17 26:9 195:21 211:14
131:25 135:23 216:23 323:7 mandate 144:3 27:10 30:21,23 212:4 218:13
137:21,21,21 323:15 341:20 166:9 361:13 34:6 441:2 248:2 284:23
148:3 167:3 343:6 349:24 mandated 150:4 474:10 285:4,7,25
171:17 173:17 353:2,17,22 187:12 339:6 Manuel 351:23 286:5 288:12
174:24 178:24 393:25 487:25 345:20 346:24 357:23 298:12 302:19
212:16 220:10 488:24 490:22 348:11 518:14 Manufacture 305:24 313:25
243:4 246:6 499:14 506:5,7 Mandeville 16:3 28:11 319:2 331:5
247:10 249:18 515:13 521:10 145:8 180:25 man-induced 333:3 339:18
254:10 263:24 521:17 manual 26:23 325:14 343:25 348:18
277:21 289:17 major 19:15 27:12,20 33:7 map 65:21 66:23 354:6 357:15
298:21 300:11 81:14 126:8 33:8,11,12,25 98:11 114:13 360:15 362:3
305:5,16 180:5 185:25 36:25 37:1 114:14 115:19 364:4 365:20
314:24 323:2,3 238:17 259:9 45:14 55:24 116:14,21 374:3 377:19
323:13 333:9 324:4 349:24 56:11 67:18 153:16 154:12 378:21 388:2
336:2 339:7 351:23 359:8 70:14 74:15 173:13 201:19 396:12 402:12
341:18 344:17 360:6 413:20 82:14,15 86:18 267:8 269:1 406:8 407:18
345:9 402:23 420:11 431:16 86:20 87:6 299:2,3,4,12 410:18 416:2
404:10 406:20 453:20 497:5 91:1 92:8 93:9 299:19 329:15 428:17 447:25
411:3 440:21 majority 493:21 93:10 94:19 358:12 384:7,7 448:23 449:1
519:20,22 make-up 480:5 95:3,12,18 405:18 413:22 502:21,21
523:4 making 78:15 97:22 99:4,5 413:24 491:1 503:11 507:8
luck 91:12 120:25 135:22 100:1,2,5,25 509:22 518:24 510:21,22
259:15 433:25 145:22 146:20 101:5 103:11 Maples 3:11 512:20 513:22
lunch 109:3 275:25 334:18 104:4 105:1,4 15:12 marked 91:16
110:9 135:6 399:5 105:14 106:1 maps 172:16 112:23 131:16
162:13 183:17 Man 497:23 106:14 107:10 177:10 312:5,7 139:7 140:13
Lupo 4:17 12:22 manage 246:16 107:14,17 312:8,9,21 152:16 193:21
12:23 management 108:16,25 March 31:14,21 212:12 218:18
24:12 100:16 364:21 436:11 231:20 232:2 248:7 255:7
M 118:18 119:1 448:4,7,8 233:1 340:20 286:11 298:19
M 2:11,11 5:3,7 125:6,11 449:22 450:12 354:15 407:15 301:11 302:23
136:3 323:21 126:18,22 451:5,6,7,8,9 408:25 409:25 306:4 314:11
490:19 127:6,7 128:2 451:13,15,18 410:7 411:7 319:6 340:4
MAG 1:8 128:3,9 340:7 451:21 452:9 margin 44:23 348:25 360:21
Magazine 1:21 341:3 344:11 452:13,18,23 139:8 152:16 362:8 364:11
376:18 385:20 63:22 64:3,8 maximum 48:6 158:6 220:21 377:12 383:2
388:6 391:14 64:23,25 65:1 163:18 164:1 223:8 345:21 387:5 476:16
391:16,17 67:7 74:12,17 179:8 180:21 354:8 392:1 514:23 523:6
402:22 406:14 75:1 76:8,15 181:8,18 182:2 455:8 memoranda
417:16 428:24 76:18 77:5 182:3,8,12,19 meant 28:22 256:19 257:4
448:20 449:3,4 79:21,22,23 182:24 183:9 33:19 36:14 292:16 377:3,9
449:16 452:17 84:19,21 86:8 188:20 204:4 37:14 129:2 memorandum
473:13 474:3 87:16,17 88:19 234:10 253:5 303:3 392:20 89:2 192:22
503:15 512:25 94:23 96:15 MAXWELL 4:8 503:5 193:1,24 195:3
514:4,6 97:9 105:3 ma'am 442:24 measure 71:10 195:4 227:4
markers 383:24 176:12 218:6 444:11 169:7 239:18 228:12 255:11
marking 365:9 301:22 303:6 MCCALL 4:21 239:22 241:15 258:3 280:19
marks 427:21 332:14 335:17 MCCRANIE 245:18 250:19 281:14 298:21
Marrero 485:8 335:24 336:11 4:7 459:23 491:24 303:17 333:10
marry 89:15 336:14 338:23 MCDANIEL measured 55:9 374:12 375:5
marsh 22:17 353:3,23 4:8 268:17 329:1 375:19 376:20
321:25 327:22 413:18 455:6 mean 11:8 26:3 measurements memorandums
328:18 332:6 493:11,12 28:20 36:12 384:3 193:6 195:6
349:22 352:8 499:24 500:1 37:13,13 39:6 measures 325:20 memos 170:5
352:10,13,13 501:13 502:1 39:21 47:3 383:18 194:22 198:21
352:14,19,22 506:24 508:22 55:11 65:14 measuring 47:13 Menteur 181:3
352:23 353:1,3 509:3,10,15 66:4 104:12 57:11,14 215:20 217:1
353:8,8,13,24 512:10 515:24 109:15 116:24 mechanical 218:5 307:22
354:2,3 382:2 516:11 517:11 122:24 126:3 190:9 414:5 mention 180:14
457:23 458:3 517:17,21,23 143:8,14 mechanics 453:8 221:4 226:21
495:15 498:3,3 518:9 520:12 149:13,13 meet 345:24 384:19 401:25
500:2,9 512:14 520:22 522:2 155:16 171:21 347:25 457:16 462:18
515:17 522:13,23 195:1 196:25 meeting 304:4 mentioned 318:2
marshes 322:23 materials 41:7 203:3,11 meets 47:14 318:6 319:17
326:21 41:19,25 45:10 216:18 232:11 273:24 378:7 403:3
marsh/estuarine 51:25 60:21,22 235:25 238:6 meld 309:20 413:6 426:14
329:4,11 61:15,18 62:22 246:7 254:16 member 249:24 478:14
mass 49:23 62:25 85:4 260:24 271:2,7 members 303:25 mentions 215:16
516:1 88:15,17 90:8 287:7 305:12 memo 90:6 Mermentau
Massachusetts 123:13 333:14 308:22 316:4,5 195:8,22 196:7 488:14
435:3 333:23 334:5 324:17,19 196:20 198:15 met 201:10
massive 135:12 468:24,24 337:23 347:23 198:24 199:5 Metairie 3:21
Master's 18:20 483:18 499:22 363:16 369:14 199:12,13,21 4:10,14
18:23 122:3 506:12 516:3,4 386:14 408:16 200:2,13 meteorological
437:8 520:4,9 410:4 429:10 210:22 211:4 142:1,13
material 26:5 matter 37:25 465:11 520:20 220:4 221:1 143:15 163:13
39:4,9,17,25 38:2 48:8 meandering 227:16,24 251:11
43:12,14 47:4 305:9 395:22 489:21 490:2 228:5 230:3 meteorologists
48:21,25 56:8 395:25 435:19 means 39:22 255:16 257:9 368:8 479:11
57:12,15 61:9 435:21 529:16 47:8,13,15 257:14 291:23 method 46:8
61:10,12,19 matting 489:14 48:11,13 84:10 293:1 294:1 76:14,19
62:7,12 63:6 max 110:6 85:3,12 102:11 296:24 300:15 263:11 445:22
print 406:15 379:25 380:18 462:9 463:18 21:13 26:21 308:24 309:24
printed 30:19 389:21 392:22 PROCTER 5:3 34:3 62:11 310:6 314:22
399:22 394:10 400:3 produce 39:4 70:20 73:9 315:19 317:21
printout 391:4 410:13 414:18 75:6 78:3 88:20 89:16 319:20 321:7
399:13,18 419:19 424:8 99:17 101:14 91:7,7 92:18 336:7,8 340:7
428:24 431:3 463:1 159:19 160:24 92:23,24,25 341:3,18 343:8
prior 91:21 465:6 180:21 321:24 93:1,5 100:16 344:11 346:8
133:4 157:18 problem 164:18 349:21 367:23 118:8,10,17,20 348:25 349:8
173:23 177:23 185:6 186:1,12 produced 473:7 118:25 120:6,8 349:11 350:7
255:14 256:6 187:19 188:3 product 208:9 120:10,11,14 352:4,6 353:20
256:22 278:22 245:22 304:7 profession 123:1 120:17,19,24 362:20 363:5,7
316:23 342:23 305:10 309:20 123:4 121:3,17,19,20 367:15 369:8
343:4 360:7 349:25 370:22 professional 125:6,10 369:24 372:19
405:1 411:11 430:24 433:11 121:24 122:5 126:18,21 377:15 379:3
423:18 440:17 433:23 437:18 127:6,7 128:2 381:17 388:20
471:25 472:3 problems 305:18 professors 128:9,16,20 388:23 390:2,3
474:13 492:10 306:8 310:8 134:21 137:13 129:12 134:12 393:16,17
513:7 355:5 371:23 profile 267:12 134:24 139:3 401:2 404:18
probability 373:25 480:2 267:14,20 139:10,12,21 405:15,21
445:23 478:17 procedure 6:7 272:19 287:2,3 141:10,17 407:13 420:20
478:20,25 11:20 40:14 496:3 142:10,17 422:21 424:16
479:1,5 282:21 399:3 profiled 287:6 144:6 146:8,15 430:7,8 432:12
probable 163:18 procedures program 19:10 148:4,20,21 439:11 446:23
164:1 181:18 522:15 22:16 24:11 149:1,2,7 447:1,5,18
182:3,8,12,19 proceed 242:24 39:23 51:22 155:14 156:7 468:5 494:12
182:23 183:9 246:25 363:5,7 53:15,20 56:6 160:3,6 163:8 499:5,8 519:18
429:14 397:11,21 100:16 118:1 164:2,3,4 projected 232:1
probably 54:16 proceeded 254:2 304:25 166:10 174:20 292:20 296:10
57:15 83:9 396:25 317:7,18 481:1 180:10 181:23 312:6 372:19
89:21 91:1 proceeding Programmatic 182:7 183:6,6 projecting 201:2
97:15 101:7 366:19 24:10 183:17 187:1 projects 19:16
102:14 104:2 proceeds 275:10 Programs 193:4 195:12 22:6,7 24:2
109:4 161:24 process 39:13 126:17,17,21 195:18 201:14 32:5,6 33:16
162:12 168:6 51:12 62:21 127:6 128:8 205:12 213:5 33:18 102:1
169:3 170:5 76:9 101:21 progress 406:5 213:21 219:8 106:8 118:6
174:13 187:4 151:11 170:3 409:21 219:11 220:15 120:7 122:17
195:11 220:19 170:20 195:13 progresses 220:17 235:12 213:10 246:1
244:19 245:3 220:8 227:7 185:23 235:16 236:12 304:24 305:19
248:20,22 242:15 361:8 progression 238:23 239:1,5 318:20 367:14
250:11 254:11 361:11 377:4,6 50:20 367:22 246:11 247:8 369:12,15,17
255:18 259:15 388:22 397:16 progressive 247:16 258:14 369:18 370:11
262:20 273:3 399:7 461:21 45:19 76:7 258:21 259:24 370:20,22
283:24 288:4 465:17 483:1 90:8 321:4 267:17 293:16 371:1,5 392:10
309:8 314:18 493:1,2 494:13 380:8 304:24 305:5 400:24 407:9
319:14 324:20 498:6,9 518:22 progressively 305:17 306:10 431:25 432:13
335:14 356:9 processes 106:4 272:24,25 306:17,20 444:23 467:14
368:6 373:10 450:20 461:24 project 20:1 307:21,24 prologue 311:13
492:7 494:2,22 quickly 26:22 48:7 78:6 240:22 241:16 reaches 73:1
502:1 512:24 94:5 125:1 179:10 244:12 241:16 243:11 90:12 383:22
putting 43:14 147:15 rapidly 59:16,21 245:1 251:4 494:20
89:17 118:9 QUIPR 22:16 321:25 253:23 262:14 reaction 281:8
205:16 227:10 quite 48:2 rare 194:8 262:22 263:6 read 25:8,24
346:24 409:6 129:19,24 rarely 231:15 275:5 276:1,11 29:25 35:1,10
409:13 413:19 130:4 235:14 rate 326:23 278:14 280:18 36:16 37:8
pyramid 419:7 390:10 370:12 281:5,18 38:25 46:17
419:14 quote 28:10 rates 43:21 286:16 293:11 48:23 62:15
38:18 52:9 RDR 6:21 529:4 295:20 308:18 65:9 66:14
Q 59:16 113:1 reach 45:19 50:2 308:18 311:6 76:12 93:21
quadrant 267:22 115:6 321:23 50:2,16,16 316:8,14,14 95:19 105:20
quadrupled 342:7 349:16 54:21,22 56:1 318:14 326:8 123:17 135:10
306:17 387:8,16 56:1 58:3,3 329:25 333:21 139:10 144:23
qualify 150:4 392:17 394:2 60:23,23 63:8 333:21 338:20 146:7 152:24
quality 438:23 396:5,7 401:9 63:8 64:7,8,14 342:2 358:19 154:15 157:24
quantification 430:11,16,23 65:20 66:3 358:20 378:8,8 158:5 159:7
382:12 430:23 431:14 68:11,13,18,19 380:12 384:21 175:25 178:5
quantified 431:16 433:8 68:20,20,22 390:10 405:24 185:9,19 187:8
328:10 quoted 401:12 69:8 71:24,25 406:1 417:21 194:20 223:4
quantities quotes 390:22 73:2 77:4 80:8 418:8 420:23 223:24 247:8
335:23 407:23 391:4 431:8 80:15 82:13 420:25 421:17 259:19 263:15
quantity 322:7 433:6 83:4 85:6 422:1,1,3 304:9,22 307:1
336:15 347:10 86:12 88:13,14 424:18 442:6 307:5,17 308:6
question 6:14 R 88:23 89:5,7 442:14,15 325:6 333:8
20:6 26:9 49:3 R 129:1,1 131:8 94:21 96:8 444:4 445:11 359:1,13
58:6 65:25 131:8,11,11,13 98:12,12,23,23 446:2 451:22 363:24 367:9
80:14 96:12 131:22,22 106:22 115:10 452:11 453:11 369:6,22 370:8
132:1 147:19 133:7,9 315:10 115:14,21,23 455:18 458:5 372:1,16 373:3
208:4 209:6 340:8,9 376:9 115:25 116:3,5 458:18 461:22 379:19 389:9
238:7 241:10 376:10 379:4,9 116:9,12,19,22 462:22 463:16 391:15,22
252:11 282:12 490:19 116:24 117:1,3 464:18 469:2 394:4 400:19
348:8 392:21 radioactive 22:5 117:19,20 470:19 475:19 421:11 425:18
400:7 411:21 rainfall 46:23 145:23 148:17 477:6 485:24 466:11 485:20
422:21 445:3 47:21 308:11 148:17 149:4 485:24 493:13 500:16 509:25
456:6 478:1 raise 430:19 157:19 166:11 493:19,23 521:20 523:24
511:22,24 431:1 166:12 167:8,8 495:3,12 525:4,5,16,18
questions 14:9 raised 166:24 169:20,20 500:19,22 526:4,5,16,18
14:17 17:18 171:8 189:10 170:9,9 177:3 501:3 504:21 527:3,4,15,17
33:3 35:3 271:21 362:21 177:3 183:1,2 505:17 508:9 528:4,5,16,18
105:24 107:25 379:24 190:21,25 511:17,25 readily 176:16
109:7 160:17 raising 84:10 192:2,3 206:12 517:1 519:3 reading 6:9
365:16 366:25 160:13 249:2 207:3 208:2 520:1,12 137:10 141:22
436:6,7 485:23 361:8 422:16 210:3 219:25 521:12 230:13
486:4 515:20 426:13 237:9,12 238:2 reached 173:21 readings 263:14
518:20 523:16 randomly 193:8 239:17,17 173:23 232:8 real 86:7 121:3
quick 486:3 range 47:6 48:6 240:4,4,16,17 390:10 446:6 126:16,21
290:5,7 359:18 roles 121:4 rush 312:1 saying 59:6 67:9 427:10,10
roadways 125:25 77:21 80:7 429:4 430:6,20
335:15 rolled 48:13 S 326:10 404:22 431:14 432:4
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Roberts 431:22 507:25 386:2 493:7,8 30:20 38:18 scale 143:19,22
Robin 2:7 11:13 rotates 501:12 Sabine 488:5 39:2,3,15 147:5 250:14
11:24 12:16 roto-head 502:8 safety 44:23 40:19 41:9 268:23 275:13
16:14 17:4 Roto-Rooter 71:11 243:4,22 49:7,8,11 53:4 407:20 427:21
33:2 34:14 501:14 467:25 72:3 73:16 427:22,25
56:20 101:14 Rouge 119:21 Saffer 250:13 74:2 75:4 scared 246:20
104:8,15 rough 99:25 Saffir 143:19 79:14 92:7 247:5 284:3,9
107:24 114:12 466:25 Saia 344:9,10 98:22 156:12 284:11
136:11 168:19 route 159:11 sake 136:10 160:23 176:5,8 scepter 330:9
193:12 194:18 171:21 saline 159:12 176:10,22 schedule 201:6
218:15 247:21 routed 142:2 160:18 180:19 187:22 201:11 202:9
255:1 273:18 Rowan 379:10 salinities 185:17 188:17 189:9 230:10,21,24
284:23 285:15 401:13,15 salinity 159:25 189:21 202:18 233:12,13
286:6 288:16 rubble 469:7 186:11 187:18 221:21 224:22 257:7 258:10
289:9 298:13 470:11 327:23 225:4 226:16 264:23 265:3
301:9 314:6 rude 464:7 salt 352:11,13,14 230:25 232:4 306:8 307:9
360:16 361:20 rudimentary saltwater 188:3 249:1 254:19 311:9 393:8
364:19 403:14 243:16 382:4 258:21 259:1 438:24
473:6 503:12 rule 11:19 34:6 sample 316:10 261:20 262:5 Scheduled
510:23 513:23 Rules 6:7 11:19 sampling 316:8 270:7,11,25 306:18
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2:4 7:6 10:3,12 run 277:21 sand 334:17 276:23 279:18 296:2
10:19,21 11:5 457:19,21 sands 97:5 287:24 293:20 schematic 419:9
11:7,21 12:14 479:4 354:13 301:14 321:23 scheme 314:21
13:18 123:9 running 455:4 sandy 60:21,22 322:4,15 324:4 school 283:19
435:19,21 502:15 499:23 324:13 325:8 310:9
436:2 485:17 runs 128:14 satisfactorily 326:20 327:5 science 431:5
rock 102:8 132:6 157:2 478:23 342:20 328:15 329:3 437:6,8 474:15
160:7 176:16 run-down save 6:13 93:14 329:20 335:8 479:24
190:2,2 192:13 469:25 400:22 342:6,16,22 scientists 460:9
192:18 321:12 run-off 342:2 savings 243:13 349:16 359:4 scope 170:14
325:24,24 run-up 58:25 243:19 381:25 383:9 310:12 377:13
326:2 328:3 71:14 168:3,4 saw 60:16 383:21 386:11 scour 185:25
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491:13 494:22 261:24 281:3,4 296:23 300:15 389:3 406:20 scouring 159:21
495:2 281:5 441:25 336:21 338:3 406:20 407:19 471:6,9,13
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role 120:20 455:9 461:9 405:1,6 474:20 418:19 423:5 308:10 468:10
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stay 46:1 87:23 459:18 468:15 248:14 250:3,4 259:6 subside 372:24
109:20 390:15 482:15 Strouk 133:5 267:4 361:15 subsided 172:11
430:19 486:18 storms 143:2,17 structural 18:24 378:7 476:23 subsidence 44:4
499:15 239:25 250:5,6 18:25 19:7,14 477:3 44:12 174:17
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stays 36:4 367:17 386:19 52:22 85:13 171:5 180:16 266:12 325:17
steadily 327:6 445:1,17,21,21 structure 19:10 180:20 181:8 subsoil 261:5
steel 19:19 85:15 445:24,25 19:17,18,19 181:16 241:17 substantial
260:16,23 446:1 447:19 20:22 40:7 241:21,25 84:19 211:3
261:3 459:10,13 42:1 44:6 242:8,11,16,17 243:13
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steeper 74:4 479:3,4 89:23 129:17 243:1,7,18 89:9 139:14
steepest 432:5 strata 84:16 129:23 130:6 244:3,9,14,25 345:4
step 126:3 439:3 stream 59:15,17 160:9 168:23 246:14,19,23 substantive
491:1 Street 1:21 2:3 187:10 208:20 284:7 320:1,4 25:23
Stephens 314:15 2:12,22 3:4,12 214:22,23 324:5 350:3 subsurface
354:15 4:4,18,22 5:7 216:21,22 355:7 360:11 51:16,20
stepping 147:15 12:3 240:16 261:6 362:10,15,23 122:16 301:22
steps 40:16 strength 27:23 276:5,22,23 366:3,11,21 302:3
Stevan 344:12 76:15,23 292:6 330:8,16 370:21,23 sub-paragraph
Steven 357:19 367:17 368:16 330:24 384:10 373:18 376:6,8 144:19
sticker 240:10 517:15 415:10 416:20 376:12 385:24 sub-segments
sticking 261:4 strengthening 427:4 442:18 432:21,24 280:2
stint 120:3 145:7 444:6 470:12 436:24 sub-sentence
stipulate 34:14 strengths 62:25 471:8,14 stumps 507:25 144:19
stipulated 6:3 250:5 483:13,14 516:1 sub-specialty
stipulation 11:8 stretch 90:23 structures 20:4 sub 65:6 73:22 122:19
stone 4:3 334:20 115:21 117:2 20:16,20,22 73:23 75:23,24 successor 87:6
335:6 374:13 119:18 175:4 21:25 22:1 83:1,1 334:12 91:21 143:25
stones 491:12 206:17 276:11 23:25 27:25 Subgroup 7:4 sucking 501:22
stop 153:6 354:8 316:8 380:20 113:3 115:8 subject 35:8,12 502:8
355:19 367:18 384:8 405:23 149:11,13 152:3 154:19 sucks 501:19,20
372:6,13 490:1 420:23 424:17 208:15 238:13 156:9 253:22 501:23
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152:22 180:5 stretches 174:16 325:24 330:4 515:3,4 suffered 432:1
243:15 251:10 224:9 346:4 360:25 subjected suffice 104:14
284:12 287:14 strict 66:15 362:18 418:11 280:21 Sufficiently
287:23,24,25 strictly 66:14 426:6 467:4 submitted 451:3
288:7 312:16 71:18 162:1 469:7,7,8 135:25 293:4 suggest 55:24
325:16 330:10 313:6 318:8 470:2 471:20 subsection 70:16 189:14,16
367:20,21 stringent 48:3 516:23 93:18 179:4 408:7
368:2,17 strip 327:10 struggle 494:14 189:18 300:11 suggested 59:25
372:10 376:7 493:16 student 18:11 300:14 383:21 suggesting 503:2
444:17 445:12 Strock 133:6,7 studied 61:1 subsequent suggests 370:14
445:16 458:6 297:24 171:4 283:21 146:18 302:6 408:5
459:7,14,15,16 stronger 247:18 studies 106:7 397:12 472:19 suit 388:18
197:13 199:13 508:9 517:1 104:23 365:24 301:7 308:17 297:13 340:2,5
200:1,8 207:4 519:3 520:1,12 370:15 372:21 369:4 290 275:10,21,22
208:2 210:4,22 521:12 379:6,11,21 23 7:21 170:12 2900 3:20
213:11 215:5 2s 200:3 448:12 450:5 226:2 271:10 298 7:20 342:8
216:2 220:1 2,000 506:8 472:4,8 474:24 302:21,24
222:18 237:9 521:5,6,9,17 478:5 379:6,21 385:8 3
238:3 239:17 521:18 522:8 2003 106:9 385:11 3 7:10 30:6,15,17
240:4,16,22 522:12 2004 80:24 230-something 31:5 33:22
241:16 245:1 2,200 492:4 429:20 119:23 53:8 54:2
248:8 251:4 2-C 350:6 2004.65 460:2 2300 4:22 5:8 83:19 91:22
253:23 256:25 2-1 50:21 2005 233:15 231 139:17 140:6 112:25 177:24
257:3 262:14 2-1-2 453:6 251:20 287:15 140:15 141:13 195:15,22
263:6 276:1 2-2 51:4 287:18 288:8 144:8 147:4 200:16 255:11
278:15 280:13 2-4 51:15,18 353:5,9,14 148:24 154:15 257:10 280:10
280:18 281:6 2-5 53:18 431:4,9,18,20 175:13 220:22 281:15 291:23
281:18 286:16 2-5-5 459:7 432:2 439:13 24 7:21 226:11 293:1 294:1
293:11,15 2-6 53:1 448:18 306:2,4 419:16 296:24 303:16
295:21 298:21 2-8-6 462:2 2006 298:3 311:1 24099 407:3 313:1 342:2,17
303:13 304:6 2-8-7 462:10 360:23 431:24 248 7:17 367:17,19
304:10 308:18 2-9 53:8 448:18 464:9 25 7:22 314:3,5 368:2,10,12,15
316:14 318:14 2.1 360:22 465:13 468:4 314:12 351:25 383:16 400:14
326:8 329:25 20 7:19 43:1 475:1 354:15 455:24 462:17
333:21 334:9 45:5,12,22 2007 1:21,22 7:5 250 24:13 463:6,17 465:1
338:20 340:20 163:2 167:9 9:3,13 12:4 2504 28:1 466:6 468:17
358:20 362:11 222:15 240:17 98:24 136:3 253 224:16 3-1 54:6 60:6
378:8 380:12 245:20,22 348:9 357:5 255 7:18 3-11 56:13 60:10
384:21 386:24 288:13,16,18 371:1 435:9 255.10 224:16 60:11 61:3
386:24 390:10 288:21 296:8 485:3 525:20 26 7:22 319:4 3-259 331:17
405:24 406:1 308:2 328:18 526:20 527:19 357:19 379:11 3-7 56:14
417:21 418:8 349:4 419:16 528:20 443:17 444:19 3-9 61:3
420:23,25 507:1 2009 311:24 444:24 446:3 30 1:16 6:7 7:10
421:17 422:1,3 20.5 427:15 2011 310:23 2600 4:18 7:24 10:15
423:2,5 424:18 428:4,5 311:2,7 395:4 269 254:9,18 11:16,19 15:24
425:2 442:6,14 200 29:18 180:16 440:13 447:7 27 7:23 139:24 16:15,20 91:18
442:15 444:4 204:2 408:9 203 16:3 170:25 319:4 104:23 106:8
445:11 446:2 492:3 20530 2:9 328:7 331:7,9 112:19 152:1
451:22 452:11 2000 22:21,22 21 7:20 199:5 331:13 342:9 203:24 205:16
453:11 455:18 24:22 91:19 292:17 293:4 443:17 444:19 219:19 297:12
458:5,18 95:3 241:19 298:13,20 444:24 446:3 333:12 344:2,8
461:22 462:22 287:15,18 299:6,18 358:7 28 7:23 175:12 345:25 346:2
463:5,16 288:8 388:12 382:21 432:8 214:4 333:5,7 346:10 433:8
464:24 466:2 389:17 522:1 211 328:17 333:7 360:23 435:16 448:12
469:2 470:19 20001 5:4 212 7:16 365:24 450:5 472:4
475:19 477:6 2001 301:17,24 218 7:17 2800 3:5 474:24 478:5
485:24 493:13 344:12 388:12 22 7:20 239:9,13 286 7:18,19 507:1 516:1
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504:22 505:17 2002 18:7 24:6 250:23,25 29 7:9,24 293:23 301 7:20