277 responsetokcsrmotiontoexclude kmartcombined

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

KMART CORPORATION,

PlaintiffCIV. ACT. NO. 1:11-CV-103-GHD-DAS

versus

THE KROGER CO., et al.

Defendants

KMART’S RESPONSE TO KANSAS CITY SOUTHERN RAILWAY COMPANY’SMOTION TO EXCLUDE TESTIMONY OF JOHN R. KREWSON

Plaintiff, Kmart Corporation, submits this Response to Kansas City Southern Railway

Company’s Motion to Exclude Testimony of John R. Krewson. This Court should deny KCSR’s

motion because, under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmacies, Inc.1,

Mr. Krewson’s expert testimony with respect to KCSR is relevant, reliable and helpful to the trier

of fact and is therefore admissible.

Kmart has alleged that KCSR “failed to maintain a railroad underpass in the vicinity of Store

4883 by leaving it cluttered with debris, which prevented water flow and displacement, thereby

contributing to the flood damages incurred by Store 4883 on May 2, 2010.”2 Kmart’s engineering

expert, Mr. Krewson, opined that an existing debris field in the underpass of KCSR’s railroad

blocked the flow of water and contributed to the flood damage at Kmart’s store. Mr. Krewson’s

opinion that the debris field existed at the time of the May 2, 2010 flood event is based on his

observation that the debris was embedded in the underpass, which suggested a permanence of the

1 509 U.S. 579 (1993).

2 See Kmart’s Complaint, Doc. 1, ¶ 36.

Case: 1:11-cv-00103-GHD-DAS Doc #: 277 Filed: 10/18/13 1 of 4 PageID #: 3736

debris field. His expert opinion is also based on his conversation with Mr. Huwe, the City’s

Floodplain Administration, regarding KCSR’s failure to maintain the underpass prior to the flood

event. Moreover, Mr. Krewson’s opinion regarding the existing debris field was confirmed by a

photograph dated May 2, 2010 of the KCSR railroad underwater that was shown to Mr. Krewson

by KCSR’s counsel at his deposition. The photograph indicates there was no floating debris in the

area, which suggests that the debris field was present at the time of the flood event.

Mr. Krewson’s opinion that the obstructions in Elam Creek, including the debris field at the

KCSR railroad underpass, contributed to the flooding is based on his expertise and basic

hydrological principles. The fact that Mr. Krewson did not conduct modeling to quantify the impact

of the debris field in the railroad underpass on the flooding at Kmart’s store does not render his

opinion unreliable. Mr. Krewson’s conclusion that there was an impact of the railroad underpass

on the flooding is based on his experience and understanding that obstructions downstream of the

Kmart store impeded the flow of water during the storm, causing a backup of floodwater, which

increased the depth of flooding at Kmart’s store. Mr. Krewson’s opinions are relevant, reliable, and

would be helpful to the jury and are therefore admissible.

Further, KCSR’s motion should be denied as it seeks to exclude entirely Mr. Krewson’s

testimony regarding KCSR. Mr. Krewson should be permitted to rebut the testimony of KCSR’s

expert, Kelly Blake Mendrop, that a 25% debris blockage at the railroad would not have contributed

to the flooding at Kmart’s store. Mr. Mendrop’s opinion is based on modeling that relied on

outdated, insufficient and unreliable data and should be excluded. Mr. Krewson should be afforded

the opportunity to address Mr. Mendrop’s faulty opinion.

2


In support of its Motion, Kmart submits the following:

• Exhibit “A” - Initial Flooding Evaluation of John R. Krewson, dated September 20,

2012;

• Exhibit “B” - Photograph, Bates labeled Corinth00106;

• Exhibit “C” - First Amended Flooding Evaluation of John R. Krewson, dated July

23, 2013;

• Exhibit “D” - Excerpts of Deposition of John R. Krewson, dated May 22, 2013;

• Exhibit “E” - Excerpts of Deposition of David Huwe, dated August 26, 2013; and

• Exhibit “F” - June 2013 Report of Mendrop Engineering Resources.

Accordingly, Kmart respectfully requests that this Court deny KCSR’s Motion to Exclude

Testimony of John R. Krewson.

This the 18th day of October 18, 2013.

/s/ Ryan O. Luminais____________________________________JAMES M. GARNER (La. Bar. No. 19589)JOHN T. BALHOFF, II (La. Bar. No. 24288)RYAN O. LUMINAIS (Miss. Bar. No. 101871)SHER GARNER CAHILL RICHTER KLEIN & HILBERT, L.L.C.909 Poydras Street, Twenty-eighth FloorNew Orleans, Louisiana 70112Telephone: (504) 299-2100Facsimile: (504) 299-2300ATTORNEYS FOR KMART CORPORATION

3


CERTIFICATE OF SERVICE

I hereby certify that a copy of the above and foregoing has been served on all known counsel

of record with the Clerk of Court using the CM/ECF system which will automatically send-email

notification to all known counsel of record, this 18th day of October, 2013.

/s/ Ryan O. Luminais_________________________________________RYAN O. LUMINAIS

4


Case: 1:11-cv-00103-GHD-DAS Doc #: 277-1 Filed: 10/18/13 1 of 23 PageID #: 3740

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Rectangular Exhibit Stamp


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Amended Flooding Evaluation

Kmart # 4883 118 Highway 72 West Corinth, Mississippi 38834 Prepared For: Mr. John T. Balhoff, II Sher Garner Cahill Richter Klein & Hilbert, L.L.C.

909 Poydras Street, Twenty-eighth Floor 0112 New Orleans, Louisiana 70112

EFI Global Job No: 98340-08794

July 23, 2013

Prepared By:

EFI Global, Inc. 3039 Premiere Parkway Suite 700 Duluth, GA 30097


mrome


3039 Premiere Parkway

Suite 700

Duluth, GA 30097

Tel: 770-925-9600

Tel: 800-245-9601

Fax: 770-925-9649

www.efiglobal.com

July 23, 2013 Mr. John T. Balhoff, II Sher Garner Cahill Richter Klein & Hilbert, L.L.C. 909 Poydras Street, Twenty-eighth Floor New Orleans, Louisiana 70112 Re: Amended Flooding Evaluation Kmart # 4883 118 Highway 72 West Corinth, Mississippi 38834 EFI Global JN: 98340-08794 Dear Mr. Balhoff: Please find our amended report related to the flooding of Kmart store # 4883 at 118 Highway 72 West, in Corinth, Mississippi. This report re-calculates the HEC-RAS results shown in the original report of September 20, 2012. The HEC-RAS results used in the September 20, 2012 report were based on an inadvertent flow data discrepancy in the HEC-RAS model. The revised HEC-RAS model herein is expanded to review additional flooding scenarios at the site. This amendment also discusses and utilizes information concerning the Kmart Store # 4883 site that was not available for review at the time the September 20, 2012 report was submitted. The additional information includes the original construction plans for the site, debris at the railroad bridge, and the LOMR, LOMA, and Elevation Certificates approved at the site. For the purposes of this report, the front of Kmart store # 4883, hereinafter also referred to as Kmart, will be the side of the store facing the intersection of Highway 72 West and South Fulton Drive. Directions right and left will be based on a viewer facing Kmart from this intersection. Using this convention, the right side of the store faces South Fulton Drive, the left side of the store faces Highway 72 West, and the rear of the store faces State Street.


Kmart # 4883 Amended EFI No.: 98340-08794 July 23, 2013

Background: The Kmart store is a large retail store located in a shopping center at the corner of Highway 72 West and South Fulton Drive in Corinth, Mississippi (Figure 1). The building housing the Kmart store has slab on grade, open plan, warehouse type construction with at-grade parking abutting the store on the front. Paved driveways are on the left side and rear of the store. The building housing Kmart also houses a Kroger Grocery store as a continuation of the building to the right of the Kmart. Both the Kmart and the Kroger stores were constructed in 1992 as a part of the overall development of the retail center. The two stores have the same floor elevation and share parking. The overall Kmart-Kroger retail center is a 16.29 acre tract located in a low area adjacent to Elam Creek, a large creek to the right of South Fulton Drive flowing north to south towards Highway 72 West. Parking for the Kmart and Kroger stores is at grade. Storm water runoff from the parking lot in front of the stores is collected in drop inlets and carried across South Fulton Drive in an underground pipe system to an existing detention facility located to the right of the site between South Fulton Drive and Elam Creek. Grades on the site are flat. Roof drainage for the Kmart and Kroger stores is provided by gutters and downspouts on the rear of the store buildings. The downspouts discharge onto splash blocks at grade with the asphalt pavements behind the stores. Runoff from pavement behind the stores drains away from the stores across the paving to the rear curb. The runoff is collected and discharged by several flumes through the curb into an existing ditch draining left to right parallel to the curb behind the buildings. Flow in the ditch is collected, along with runoff from the large grassed area behind the site, into a headwall for a 60 inch outfall storm drain. The 60 inch headwall is located approximately between the Kroger and the Kmart stores, behind the rear curb of the parking lot behind the stores. The 60 inch outfall pipe runs from the headwall back towards the building to a drop inlet in the pavement behind the Kroger store. From this inlet, the pipe runs to the right behind the Kroger store through a series of drop inlets and then across South Fulton Drive. The location of the outfall headwall for the 60 inch pipe once it crosses South Fulton Drive could not be determined. Based on the location of the existing buildings to the right of South Fulton Drive and an inspection of Elam Creek in the area, it is believed the pipe turns and runs parallel to South Fulton Drive toward Highway 72 West and eventually discharges into the existing detention facility noted above.



Flooding Event: According to weather records on WeatherWarehouse.com, rain began falling in the Corinth area during the late evening of May 1, and the early morning of May 2, 2010. By 5:00 a.m., the records for Corinth show that 5.68 inches of rain had fallen. As the morning progressed, water began rising rapidly around the Kmart. According to the store manager, Mr. Matt Hausmann, water was building up and flowing along the rear of the building, putting stress on the rear doors of the store. Eventually, landscape timbers stored on site struck the doors with enough force to break open the doors, lodge in the opening, and allow water to flood into the store. The quantity of water overwhelmed the staff’s ability to control it. According to Mr. Hausmann, the water in the parking lot around the building was measured at a depth of 22 inches by City of Corinth employees. Photographs taken in the Kmart store show a water depth of approximately 1.5 feet. Mr. Hausmann stated that there was a similar depth of water in both the Kmart and the Kroger store. The water caused considerable damage to the buildings and the inventory of the both the Kmart and Kroger stores. The flooding in 2010 is very similar to flooding events that occurred on October 13, 2001 and November 18, 2001 as outlined in a report prepared by the engineering firm of Reaves Sweeney Marcom of Memphis, Tenn. Weather Data: The records for the area found on WeatherWarehouse.com show a rainfall event occurring overnight and during the morning of May 2, 2010 for the northern Mississippi and western Tennessee areas. Although hourly records for the area were not available, a review of the daily recording times and the pattern of rainfall distribution on area weather stations show that between 6 and 13 inches of rainfall fell during the period prior to 8:00 a.m., with the higher rainfall events occurring north of Corinth with Corinth being approximately on the southern extent of the heavy rainfall. Weather stations 10 or more miles south of Corinth and the Kmart site show relatively light rainfall accumulation, with the amount of rainfall recorded increasing with distance north of Corinth. Because Elam Creek, the creek that flooded the site, heads up approximately 6 miles north of the site and flows south to the site, the pattern of increased rainfall amounts north of the site increased the flooding impact on the Kmart site. Based on NOAA Technical Paper 40 for the Corinth area, the 24 hour 100 year rainfall event is 7.6 inches. Based on the weather records, it appears that the storm of May 2, 2010 may have approached the 100 year rainfall amount.



FEMA Flooding Data: The current FEMA Firm Panel for the site, panel 28003C0067 (Figure 3), shows that the majority of the site area, including all of the Kmart and the Kroger building, is located in the designated flood limits of Elam Creek. Elam Creek is large tributary creek having an upstream drainage area of over 6 square miles draining to the site of the Kmart building. At the store site, the creek has a large, well developed flood zone designated on the FIRM panel as an AE zone. AE zones are studied zones having established base flood elevations. The Firm Panel also shows an area along both banks of the creek that is designated as the regulatory floodway for the creek. According to the FIRM panel, approximately one half of the Kroger store is located in both the floodplain and also in the area FEMA has designated as being the regulatory floodway. The Kmart store is located in the floodplain only. According to a Letter of Map Revision issued for the site in 2005, the 100 year flood elevation for the building is 432.4. An Elevation Certificate for the site prepared on November 11, 2001 places the finished floor elevation of the building at 433.0, 0.6 feet above the elevation of the FEMA 100 year flood elevation. Based on an as-built survey prepared for the site as a part of this report, the exterior grades along the perimeter of the building vary from 431.8 and 432.2, meaning the lowest adjacent grades around the building are below the flood elevation. A review of the FEMA historic FIRM records determined that the flood elevation of Elam Creek is unchanged on the current FIRM from the 100 year flood elevations at the time of construction of the building. Typically, standard design and permitting practice require building floor elevations in flood prone areas, especially in designated flood areas to be at least 3.0 feet above the 100 year flooding elevation. In the case of the Kmart and the Kroger, this would place the floor elevations at 435.4, 2.4 feet higher than the actual floor elevation. Had the building been constructed with a floor elevation of 435.4, flooding would not have occurred during the storm of 2010. The review of the elevation of the building relative to the flood elevation would typically have been the responsibility of the City of Corinth building authorities. The location of the Kroger in the floodway is a concern. As noted, approximately one half of the Kroger was built in the floodway for Elam Creek. A review of aerial photography and the current FIRM for the site shows that a number of other buildings were also built in the floodway. According to records I have examined, the floodway shown on current FIRM is unchanged from the floodway shown on the prior FIRM panel, prior to the construction of the building. FEMA’s 2009 Flood Insurance Study for Alcorn County and Incorporated Areas, states:



“Encroachment on floodplains, such as structures and fill, reduces the flood carrying capacity, increases the flood heights and velocities, and increases flood hazards in areas beyond the encroachment itself. One aspect of floodplain management involves balancing the economic gain from floodplain development against the resulting increase in flood hazard. For purposes of the NFIP, a floodway is used as a tool to assist local communities in this aspect of floodplain management. Under this concept, the area of the 1-percent-annual-chance floodplain is divided into a floodway and a floodway fringe. The floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1-percent-annual-chance flood can be carried without substantial increases in flood heights. Minimum Federal standards limit such increases to 1.0 foot, provided that hazardous velocities are not produced. The floodways in this study are presented to local agencies as minimum standards that can be adopted directly or can be used as a basis for additional floodway studies.” Simply put, floodwaters must have an open, unobstructed flowing pathway along a creek. If earth fill or buildings or other structures are built in the flow pathway floodwaters rise and move faster and cause greater damage. When FEMA prepares their maps, they calculate what a reasonable flow pathway should be and show it as the “Floodway” on their maps. It is the responsibility of the cities and counties that issue building permits to enforce the restriction and make sure that the floodway is not blocked. The difference between the areas on the FEMA maps called the “Floodway” and the areas called the “Floodplain” is that nothing can be built in the “Floodway”, while careful construction is allowed in the “Floodplain” areas. The Kmart store is built entirely in the “Floodplain.” Approximately one half of the Kroger store is built in the “Floodway”, obstructing the flow of floodwater down the creek. The construction of the Kroger and other structures in the known floodway of Elam Creek increases the flood heights and potential for flooding, as well as for increased velocities, both of the factors involved in the flooding of the Kmart store. It is not known what regularity review was in place at the time the Kroger and other buildings were constructed in the floodway, but as the above quote from the Flood Insurance Study states, it is the responsibility of the local governing authority to control and prevent construction in the floodway. According to the August 30, 2010 volume of the “Federal Register”, Corinth, Mississippi, and Alcorn County, Mississippi were among the jurisdictions subject to suspension of community eligibility under the National Flood Insurance Program (NFIP) for non-compliance with the floodplain management requirements of the program. A review of the “Existing Conditions Plan” sheet C-2 dated 03/09/1992 from the original construction plans for the site prepared by Prime Engineering found the



elevation and location of the floodplain, and the location of the floodway to be substantially different from the floodplain and floodway shown on the FEMA FIRM panel for the area at the time. The floodway on the plans is shown south of Fulton Drive. The floodplain elevation on the plan sheet is approximately 430.8 which is 1.6 feet below the FEMA FIRM flood elevation shown on 1981 FIRM in force at the time. The derivation of the floodplain and floodway data shown on the plans is unknown. Although the Kroger and other structures along Elam Creek were constructed in the floodway without restriction, a review of FEMA’s records found that a “Letter of Map Revision” or LOMR was issued by FEMA in November 18, 2005, removing the Kroger property from the floodway due to “Inadvertent Inclusion in the Floodway 1”. The records do not indicate how the LOMR originated, or what studies, review or public notice was given prior to issuance. FEMA regulations require a flood study be done to determine the impact of the encroachment on flood elevations and velocities. The studies are submitted to FEMA for review and approval. No record was found of such a study. Issuance also requires that other affected property owners along the creek be notified, and public notice be made. No record of this was found. Once the studies and public notice are complete, the local governing and review agency responsible for flood management and oversight makes a final review of the LOMR and recommends approval. No record of this was found. Prior to the issuance of the FEMA’s Letter of Map Revision (LOMR) in 2005, other prior efforts had been made regarding the location of the buildings in the floodplain and floodway. Also in 2005, a Letter of Map Amendment (LOMA) was issued for the site. An Elevation Certificate was issued by FEMA in 2001. Note: The issuance of the LOMR, LOMA, and Elevation Certificate would have no impact on the physical presence of the buildings in the floodway or floodplain, or on the potential for flooding in any given flood event. These instruments would serve to reduce the cost of flood insurance for the buildings. The buildings are still shown in the floodplain and the floodway on the 2010 FEMA FIRM map for the site. Along with the placement of the Kroger and other structures in the regulatory floodway, several other conditions that would increase the flood elevations on the site were noted along the creek and in the floodplain at the time of the initial inspection:

Southeast of the Kmart near Highway 72, at the point where Kansas Southern Railroad’s north-south railroad line crosses Elam Creek on a timber bridge, a considerable debris field was noted upstream of the bridge. The debris blocked approximately the lower quarter of the bridge opening. Mr. David Huwe, the Director of Community Development and Planning for the City of Corinth stated during an interview in his office that the railroad had a poor



record of maintenance and that the debris at the railroad bridge had been an ongoing problem for some time prior to the flood event. A picture of the flooded railroad bridge not available at the time of our initial report shows the bridge to be completely underwater. In the picture, there is no debris field floating upstream of the bridge. For the debris found behind the bridge at the time of our inspection to have resulted from debris floating downstream during the storm, there would have be a considerable amount of floating debris trapped behind the bridge when the water level dropped. The lack of a floating debris field in the picture indicates that the debris found behind the bridge after the flood were present prior to the flooding. Since they did not rise and float off during the flood, they apparently were present for a long enough time to become embedded behind the bridge. Pictures taken during our initial investigation (Figure19 thru 21) show a debris field upstream of the ridge on the floor of the creek. It was noted during the field survey done in August, 2010, approximately 3 months after the initial inspection, that the debris field had been removed. It is not known who cleaned up the debris. Pictures taken April 28, 2011 by others show another, larger debris field upstream of the bridge.

A bridge for an abandoned railroad spur crossing Elam Creek remains in place with narrowly spaced abutments obstructing the creek channel.

The creek channel was badly overgrown with vegetation and poorly maintained. Near the spur railroad bridge noted above, utility and sanitary sewer pipes crossing the channel were apparently abandoned in place, obstructing the channel.

The approximately 4.5 acre grassed field immediately behind the Kmart and Kroger building was originally a number of feet lower in elevation. According to Mr. Huwe with the City of Corinth, the city filled the area over time with excess earth material from various projects around the city. Evidence that dumping of excess fill was still underway was found at the time of the initial inspection of the area (Figure 10). Filling the area reduced the flood storage and flood protection for the Kmart and Kroger building.

The report on the 2001 flooding by Reaves Sweeney Marcom noted above discussed the Elam Creek channel blockage, overgrown channel, and the railroad crossing and utility line impacts on the flooding.



HEC-RAS Flood Studies: To determine the impact of the Kroger encroachment and general conditions of the flood hazard at the time of the May 2, 2010 flood, we prepared a preliminary HEC-RAS evaluation for the site using as-built survey data and the flows for the area listed in FEMA’s 2009 Flood Insurance Study. As noted there was a discrepancy in this preliminary initial report. Conflicting flow data was used in preparing the model. This conflict resulted in a conclusion in the report that placement of the Kroger store in the floodway caused a rise in the flood of 1.0 feet. The original study also compared the overgrown existing Elam creek channel with a theoretical well maintained channel and concluded that there would be a 2.0 foot drop in the water surface if the creek channel were well maintained. For this amendment, the HEC-RAS flow data was revised and the flow data discrepancy was corrected. A new HEC-RAS model was prepared. In this new model three profiles were run. The initial profile was for the site assuming the Kmart and Kroger building were never built and the grades were at the surveyed elevation at the exterior of the building. This profile was used as a benchmark model. A second profile was run based on an unobstructed floodway with a channel having only light brush and weeds. This profile produced 100 year flood elevations on the site comparable with those shown in the 2009 Flood Insurance Study, and on the FEMA FIRM panel. The second profile was run with the Kroger building only, the Kmart building alone, and the combined Kmart- Kroger building. The model of the second profile with only the Kroger building determined that a rise of 1.10 feet occurred relative to the benchmark, slightly higher than the rise predicted by FEMA’s floodway calculation. The model of the Kmart building found a rise of 1.0 feet relative to the benchmark. The model of the Kmart-Kroger building also found a rise of 0.9 relative to the benchmark. Although the above calculations appear to indicate that the addition of the Kroger building to the Kmart building had no impact on the Kmart building, a review of the flow and velocity data from the model found that the addition of the Kroger to the Kmart building reduced the overbank width of flow at the building by 209 feet and increased the average velocity of flow at the building by 20 percent. Prior to the addition of the Kroger building the Kmart building was essentially outside the active overbank flow of water. When the Kroger building was added, the overbank flow overlapped the combined building by 114 feet, increasing the exposure of the building to flowing water. Rapidly flowing water carrying debris along the back of the Kmart building that damaged the rear door was reported as the cause of the water intruding into the Kmart building on the date of loss.



During the flooding of 2010, water levels above the FEMA 100 year flood level were reported in the building. To test the potential impact of the overgrown banks along Elam Creek channel, a third HEC-RAS profile was run based on channel properties for high flows and a poorly maintained channel found in the documentation for the HEC-RAS model. This model reported water levels at the building comparable to the water levels found at the building during the 2010 flood indicating water levels at the site could occur at the 100 year flow level. Given the impact of the other building obstructions located in the floodway and floodplain that are not included in the model, it appears that the actual flow at the site was likely less than the 100 year event. The results the high flow-poorly maintained condition was compared to the result from the second profile which assumed a moderately well maintained channel without obstruction. The comparison of the two models found that for the Kmart-Kroger building, the poorly maintained channel resulted in a 1.4 feet rise when compared to the depth at the site with a maintained channel. When the water level from the third profile was compared to the benchmark profile, the flow was 2.3 feet higher than the benchmark which is also in line with reported events. Conclusions:

1. The drainage basin upstream from the Kmart site received rainfall that appears to approximate the 1-percent-annual-chance rainfall event (100 year storm). Using the FEMA 1-percent-annual-chance (100 year) flow data, and using a model with an overgrown channel similar to that existing at the time of the flood, flooding in Elam Creek exceeds the FEMA 1-percent-annual-chance (100 year flood) elevation and approaches the actual depths of flooding at the building reported. The presence of the Kroger store as well as other buildings in the floodway increased the impact and depth of flooding during the flood event of May 2, 2010 and caused damage to Kmart.

2. The lack of maintenance of the creek channel, coupled with obstructions and debris in the channel increased the depth of flooding and caused increased damage to the Kmart during the flood event of May 2, 2010.

3. Filling in the low area behind the Kmart and Kroger stores reduced the flood storage volume and likely increased the depth of flooding damage to Kmart.

4. Despite the location of the building in a large and documented floodplain and floodway with a documented history of recent damaging past floods, no actions such as caulking and waterproofing the exterior walls, or construction of a protective membrane around the building were done to protect the building.



It is our belief that: had the creek channel been maintained, had building construction in FEMA’s regulatory floodway been restricted, had the area behind the Kroger and Kmart stores not been filled, and had the building been protected by waterproofing, the Kmart store would not have flooded, or had flooding occurred, it would have been occurred at such a depth that normal preventive actions by the store’s staff at the time of the event would have been able to protect the store from damage. Qualifications Our services have been performed using that degree of skill and care ordinarily exercised under similar conditions by reputable members of EFI Global’s profession. If any additional information is encountered which relates to this evaluation, EFI Global reserves the right to review our conclusions and opinions accordingly. In some cases, additional studies may be warranted to fully evaluate concerns noted.

Any verbal statements made before, during, or after the course of the investigation

were made as a courtesy only and are not considered a part of this report.

Closing EFI Global, Inc. appreciates the opportunity to provide consulting services to you in this matter. Please contact us should any questions arise concerning this report, or if we may be of further assistance. Sincerely, EFI Global, Inc.

John R. Krewson Engineering Consultant



John R. Krewson, PE

FIGURE 1 - OVERALL SITE



FIGURE 2 – CLOSE AERIAL VIEW OF SITE



FIGURE 3 – FEMA FIRM PANEL OF THE SITE Panel No.2803C0067C

Effective Date: Sept. 17, 2010


Partridge Residence EFI No.: 98340-09777 April 25, 2011

FIGURE 4 FRONT VIEW OF KMART AND

KROGER

FIGURE 5 LEFT SIDE OF THE KMART



FIGURE 6 VIEW ALONG THE FRONT OF KMART LOOKING FROM THE LEFT SIDE

FIGURE 7

VIEW ALONG THE REAR OF KMART LOOKING FROM

THE LEFT SIDE



FIGURE 8 LEFT SIDE OF KMART LOOKING FROM THE REAR CORNER WITH TYPICAL DROP INLET IN

FOREGROUND

FIGURE 9 TYPICAL DOWN DRAIN ON REAR OF

BUILDING



FIGURE 10 CURB CUT IN REAR PARKING CURB NEAR LEFT SIDE OF KMART WITH

DITCH BEYOND

FIGURE 11

FLUME THROUGH CURB BEHIND

KMART



FIGURE 5

FIGURE 12 DITCH BEHIND

KMART

FIGURE 13 GRASSED FIELD IN AREA THAT WAS FILLED IN BEHIND THE SITE WITH NEW FILL IN THE

BACKGROUND



FIGURE 14 INLET TO 60 INCH PIPE COLLECTING WATER FROM THE DITCH BEHIND THE

SITE

FIGURE 15

VIEW OF THE FIELD BEIND THE SITE NEAR THE RIGHT CORNER OF

KROGER



FIGURE 16 PILE OF FILL MATERIAL IN THE FIELD BEHIND THE SITE WITH KMART AND KROGER IN THE

BACKGROUND

FIGURE 17 RIGHT SIDE OF THE KROGER LOOKING BACK TOWARD HIGHWAY 72

WEST



FIGURE 18 FLOODING DEBRIS IN THE FENCE ON THE RIGHT SIDE OF THE ROAD RUNNING BESIDE

KROGER

FIGURE 19 LOOKING UPSTREAM AT DEBRIS FIELD AT RAILROAD BRIDGE SOUTHEAST OF

THE SITE



FIGURE 20 LOOKING DOWNSTREAM AT DEBRIS FIELD AT RAILROAD

BRIDGE

FIGURE 21 DEBRIS FIELD AT RAILROAD

BRIDGE



FIGURE 5

FIGURE 22 ABANDONED UTILITY LINES OBSTRUCTING ELAM CREEK WITH SPUR RAILROAD BRIDGE OBSTRUCTION AND OVERGROWN

CHANNEL

FIGURE 23

OVERGROWN AND UNMAINTAINED CREEK

CHANNEL



FIGURE 24 TREE AND OVERGROWN AND UNMAINTAINED CREEK CHANNEL AT

BRIDGE

FIGURE 25 OVERGROWN SPUR RAILROAD BRIDGE WITH UTILITY OBSTRUCTIONS IN

BACKGROUND



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277 responsetokcsrmotiontoexclude kmartcombined

Documents

existing debris field

floating debris

debris blockage

kmarts store

underpass of kcsrs

thekcsr railroad underpass

krewsons expert testimony

thekmart store