State of Missouri v. U.S. Army Corps of Engineers, et al.

Filing 1

COMPLAINT against defendant All Defendants with receipt number 0865-2729141, in the amount of $350 Non-Jury Demand,, filed by State of Missouri. (Attachments: # 1 Exhibit Birds Point New Madrid Floodway Operations Plan, # 2 Exhibit Affidavit of Paul D. Parmenter, # 3 Exhibit Affidavit of Davis Minton)(McManus, John) (Additional attachment(s) added on 4/27/2011: # 4 Civil Cover Sheet, # 5 Original Filing Form) (CSG).

US Army Corps .

~f Engineers

.Memphis District
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BIRDS POINT - NEW MADR.ID·
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.OPERATIONS

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PLAN

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October. I 986

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u. S. ARl1Y
CORPS OF ENGINEERS/MEMPHIS DISTRICT
.JANUARY 1986
TITLE:

Birds Point - New Madrid Floodway Operations Plan

OPLAN 1 (ANNEX R - HDR 500-1-1, EMERGENCY EMPLOYMENT OF ARMY AND
OTHER RESOURCES)
I.

Situation.

A. General-This plan of operation. provides for operational
readineSs of the Birds Point - New Madrid Floodway. It is the
intent that operation occur only as absolutely essential to
provide the authorized protection to all citizens.
B.

Authority:

1. Lega~ Authority. Flood Control Act' of 1928, 45
Stat, 534; Flood Control Act of '1965, 79 stat. 1076.
2. Operational Intent.
Congress, 2nd Session, page 58:

House Document
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No.
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308, 88th

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"a. That the Floodway normally will not be placed in
operation until flood heights in excess of 60 feet on the Cairo
gage are predicted.
b.That the Federal Government reserves the right
to ensure proper functioning of-the Floodway by creation of
artificial crevasses in the fuseplug"levee or elsewhere when
stages are at or above 58 f~et on the Cairo gage."
C•. Operational Responsibility.

1.
H~mRhl~ nis~~lct.
The Memphis District is
responsible for preparation and execution of the Birds Point ­
New Madrid Floodway Plan of Operation upon order of the
President, Mississippi River Commission (MRC).
2. State of ,MisSQU r i. . The Sfate of l>1issour i wIll be
responsible -for warning, evacuation and rescue of the occupants
of the floodway, traffic control,'control of access into the
floodway area, and any necessary law enforcement (See Annex D).
3.
waterways Experiment Station. (WES). Personnel
trained in explosive technology will ~e made available by WES to
assist the Memphis District- in the explosive demolition of the
crevasse sections 'of the Birds Point-New Madrid Floodway
frontline levee. Notification of need for WES personnel will be
made by the Memphis District Emergency Operations staff after
notification to begin operati~n has been ordered by the
President, MRC.
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4. Coast Guard. The Coast Guard will, when necessary,
assist the Corps ox Engineers (CE) and constituted authorities
in evacuation, rescue and relief operations. As soon as the
decision is made to place· the floodway into operation, the Coast
Guard will be notified by the Chief, River Operations Branch,
Memphis District, so that river traffic can be advised and
controlled.
II.'

Execution.

A. Concept of Operations. On recommendation of the Memphis
District Commander and order of the President, MRC, the Memphis
District will dispatch a tow from Ensley Engineer Yard with
material, equipment and personnel to place the Floodway into
operation. Work crews will be deployed on top of the levee to
locate and prepare-the access wells to the 'pre-emplaced
horizontal pipes. The slurry explosives will be mixed on the
barge and pumped from the barge into the pipes.
After
completion of the pumping operation, and when deemed necessary,
the pipes will be armed with booster charges ahd all fin~l
preparations will be made for artificial crevassing. It is
expected that natural overtopping of the fuseplug section will be
allowed to occur prior to determining the necessity to
artificially crevasse the frontline levee. Upon' order of the
Pres ident, MRC, crevasses will be accompl ished as required by
hydrologic conditions.
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B. Timetab~e.. The timetable for operation is based on the
rate of rise from the project design flood (PDF) curve. A
faster rate of rise or other emergency situation would
necessitate expediting the preparation of the Floodway.
Conversely, if the rate of rise is slower than expected during
the PDF, additional prepar:ation time will be available. (See
Annex B)
I

C.

Sequence Qf Operations:

1. Dispatch equipment, material, and personnel, from
Memphis, TN. Upon arrival and issuance of competent order begin
preparing Inflow 'Crevasse (will require approximately 15 hours).
2. At approximatey 60 feet 'on the Cairo gage, the
Inflow Crevasse will have been completely prepared for
operation.
3. Preparation of the Inflow/Outflow Crevasses will
require approximately 15 hour.s.
4. Arming shall not occur until is is absolutely
. necessary for execution of the crevasse.
5. Artificial crevassing will be upon order of the
President, I1RC.
2

D. Coordinating Instructions. This plan will be reviewed
annually by the Memphis District staff and updated by Emergency
Operations Branc~. Any changes will be submitted to MRC for
approval.
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III.

Administration and Logistics.
Annex C, Logistics

Annex D, state Support

Annex F, Public Affairs

OFFICIAL:

DALE F. MEANS

Coloneli Corps of Engineers

Commanding

/'~~.~~
KENNETH G. WILLIAMS

Emergency Operations Manager

ANNEXES:

A - Concept of Operation

Timetable

. C - Logistics

D - State Support

E - Safety

F - Publ ie Affairs

G - Communications

B -

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MO
KY
BIRDS POINT

NEW MADRID
FLOODWAY

TN
MISSISSIPPI RIVER AND TRIBUTARIES

PLAN OF OPERATION FOR THE
BIRDS POINT":"'NEW MADRID
FLOODWAY

VICINITY MAP
DEPARTMENT OF THE ARMY
ME:MPt-IIS DISTRICT •.PORPS OF ENGINEERS

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CAIRO

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1500FT GAP

INFLOW/O~FLO},\

MISSISSIPPI RIVER AND

TRI~UTAR1ES

PLAN OF OPERATION FOR THE
BIRDS POINT-NEW MADRID FI.OOOWAY

DEPARTMENT OF THE ARMY
MEMPHIS DISTR1CT,CORPS OF ENGINEERS.
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MEMPHIS I TENNESSEE PI l\Tr:' ?

ANNEX A (CONCEPT OF OPERATION) to the Birds Point-New Madrid
Floodway Operations Plan
1. Upon order of Commander, Memphis District, all equipment and
materials will be loaded on 2 modified mat barges and one
equipment barge. Each mat barge will be loaded with 192 barrels
of aluminum powder (4 barrels per pallet), six 2,500 gallon
fiberglass tanks.of the liquid component, two mix-pump units
(MPUs) with protective covering, and two forklifts with rotating
heads and accessories. Two dozers and two backhoes will be loaded
on the equipment barge. These barges~ along with one empty barge,
the M/V strong, Tender Goodwin and M/V Mississippi will be made
up in a tow ready to depart for the Floodway.
2. On the recommendation of the Commander, Memphis District,
and order of the President, MRC, the tow will depart Ensley
Engineer Yard, Memphis Harbor for the Floodway. All required
operational personnel not on the tow will meet the tow at the
Inflow Crevasse. Upon arrival of the tow atthe.Floodway, the
M/V Mississippi will be utilized as the Command Post.
3. On order of the President, MRC, the' preparation of the Inflow
Crevasse will begin. One tow boat will push the equipment barge
into the levee and deploy a work crew and two backhoes on top·of
the levee. The ~ork crew will locate and prepare the access
wells to the pre-emplaced horizontal pipes by removlng the
material over and inside the well and installing quick couple
fittings on the 4 inch pipes.
4. The Strong and Goodwin will each push a mat barge (described
in paragraph I) into the levee. The barge will be stationed
. parallel to the levee and adjacent to 2 access wells which are
spaced 60 feet apart (See Plate A-I). Two gang planks will be
extended from the barge to the top of 'the levee. Hoses will
extend from the discharges on the MPU's , across the gang planks,
and'into the access wells. At this point, the MPU's will be
loaded with aluminum powder with the solution being fed directly
from the 2500 gallon tanks.' Two forklifts will be used to load
the aluminum powder into the hopper on the MPU's. The MPU's will
properly mix the components and pump the blasting agent into the
pipes in 'the levee.
From one location approximately 2000 feet
of levee can be prepared for operation.. This procedure will be
repeated at approximately 2000 foot intervals.
5. Following the completion of the mixing and pumping of the
blasting agent, WES explosive technicians will prime both ends
of the 4 inch pipe with a booster charge and make all other
necessary preparations for firing of charges in the Inflow
Crevasse •. Detonation of the Inflow Crevasse will be in 1000
foot sections as required by hydrologic conditions and on order
of the president, MRC.
6.
Following preparation 'of the Inflow Crevasse. the
Inflow/Outflo'i'1Crevasses will be" prepared for oper'ation. One.

A-I

boat and barge will be designated to prepare each crevasse. Both
Inflow/Outflow No. 1 and No.2 will be artificially crevassed in
1000 foot increments, as required by hydrologic conditions.

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MISSISSIPPI RIVER AND TRIBUTARIES

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PLAN OF OPERATION FOR THE
BIROS POINT-NEW MADRID FLOODWAY

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BARGE 'CONFIGURATION
OE?A~TMENT,OF THE ARMY
MEMPHiS OISTRICT,CORPS'OF ENGINEERS
MEMPHIS, TENNESSEE,
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ANNEX B (TIMETABLE) to the Birds Point-New Madrid
Operations -Plan
Cairo
1.

Flood~ay

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Atapproxirnately 56 feet.

a. Tow loaded -with equipment (including mix-pump units),
materials, (including components of blasting agent), _and
personnel departs Ensley Engineer Yard for the Floodway. (Travel
time approximately 36 hours)
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b. Advise Director pf Public Safety of the state of Missouri
and presiding 'commi~sioners, :Mississippi-and New Madrid
Counties, State of Missouri of action.
2•. At approximately 59 feet.
a.

Tow arrives at the Floodway.

b. Upon order of the President, MRC, deploy:vork crew on
Inflow Crevasse to prepare access wells.
c.

Mix and pump blasting agent into pipes in levee.

d.

Evacuate all equipment and. personnel from levee.

e. Prime pipes with booster charges' and-place detonating
cord (as needed).
f. Advise Director of Public Safety of the State of
Missouri, and presiding commissioners, Mississippi and New Madrid
Counties, State of Missouri of action.
3. At .approximately 60 feet.
a.
Inflow Crevasse completely prepared for:artificial
crevassing,.
(Preparation of the Inflow Crevass.e requires
approximately 15 hours.)­
b. Advise Director of public Safety of the State of
Missouri, and presiding commissioners, Mississippi and New Madrid
Counties~ State of Missouri of action. .
4. Up~n order of the President, MRC, crevasses will be
accomplished a~ required by hydrologic conditions.
5. Preparation of the Inflow/Outflow Crevasses will follow the
preparation of the Inflow Crevasse. Approximately 15 hours will
be required for preparation of both of. the Inflow/Outflow
Crevasses.

6." The Inflow/Outflow Crevasses will be artificially crevassed,
after the Inflow Crevasse is crevassed, as required to maintain
the project flowline •

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ANNEX C (LOGISTICS)
Operations Plan
1.

Situation.

to the Birds Point-New Madrid Floodway

Same as basic plan.

2. Mission. Memphis District will furnish all logistical .
support for operational personnel.
3.

Execution.

a. Concept of Operation. Upon receipt of notification from
the Breaching Commander to begin, Logistics Commander shall:
(1) Request River Operations Branch make ready the
towboats for the trip to the Birds Point-New Madrid Floodway.
(2) Supervise the loading of the equipment and material
onto barges.
(3) Request Real Estate .to provide approx~~ately 2500
square feet of suitable office space which can be used for a
Press Center.
(4)
Contact utility districts for necess.ary pm'l'er
hookUps for the Press Center.
(5)
required.

Provide transportation for operational personnel if

b.
,Coordinating Instructions.
The Logistics Support
Command shall fall under the direct supervision of the Logistics·
Commander. He shall have sufficient personnel in the field for
task accomplishment and also be in contact with the Floodway
Coordinator for any anticipa~ed supplies that cannot be located
locally. The Floodway Coordinator, located in the Memphis
District EOC, shall. assist the Logistics Commander.
4.

Service support.

a. State support shall be coordinated by the Security
Officer.
b. Power hookups and purchase of· electricity to service the
Press Center shall be from a local utility company.
c. _Lodging:
(1) The Command and Control organization shall be
provided room and board on the M/V Mississippi.
(2) The ba rge teams shall be pI aced on TDY and obtain
lodging at a motel in the vicinity of the Floodway.
d.
Personal clothing is the responsibility of the
individual. Inclement weather clothing (rain suits) and safety
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clothing (ha,~d hats, gloves)""shall be supplied by the Logistic-s.
Commander.
e. Gasoline, diesel and"aviation fuel shall be obtained
from commercial sources in ·the· area, 'if required.
5. COMMAND AND CONTROL.
Logistics Support Command shall be
located on the M/VMississippi.
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Appendix 1 - List of Required Major Equipment and Material
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C-2

APPENDIX 1 (LIST OF REQUIRED MAJOR EQUIPMENT AND MATERIAL) to
.ANNEX C (LOGISTICS) to the Biros Point-Newz.tadrid Floodway.
Operations Plan
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1.

Equipment..
l-~VV

z,assissippi
l-M/V Strong
I-Tender Goodwin
2-Hat Barges
I-Equipment Barge
4-Mix-Pump Units (MPU)
4-Forklifts'and accessories
2-Dozers
4-Pickup Trucks
2-Carryalls
2-Vans
2-Backhoes

2.

Material.

275-Tons of DBA-lOSP blasting agent
36-4" X 2 1/2" reducers with high pressure clamps
l50-High Explosive Boosters
28,OOO-Feet of Detonating Cord
. 25-Blasting Caps

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ANNEX E (SAFETY) to the Birds Point-New Madrid Floodway
operations Plan

1. Mi~2iQ~ The Memphis District will assure that all
operations during implementation of this plan' are conducted in a
safe manner.
2.

Execution.
a.

Materials.

(1) Blasting Agent DBA-lOSP. The DBA-IOSP is stored in
a two component, unmixed form. The two components, aluminum
powder and a solution, are nondetonable. During mixing
operations, the aluminum powd,er can become suspended in the air
and could, be ignited.
Although the aluminum powder is coated
to help prevent combustion, the barges used for the mi~-pump
operation will be designated as no smoking areas. Further, only
diesel-powered forklifts will be used for this operation.
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(2)
will be

Class A Explosives.

The WES Explosive "Technicians

r~sponsible ,for:

(a)
Handling theC'lass A Explosiv.es
boosters, primacord).
'

(caps,

(b) 'Loading,' ~rming and firing of 'the explosive
charges will be in accordance with EM 385-1-1.
b. Barg~ Operations. The barges used for the mixing and
pumping operations will be equipped with a guard rail on the
perimeter as specified in ~M ,385-1-1. All personnel working on
the barge will be required to, wear personal' floatation devices.
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c. ~ Distances. Execution of the approved operational
plan should take into account the following explosive hazard
maximums:
, (1) The distance away" from the crevasse sites beyond
which no damage from airblast would be expected is 2000 feet.
(2) The distance away from the .crevasse sites beyond
which no damage from gr04ndmotion would be expected is 2300
feet.
(3) The safe distance. from flying debris would be less
than the ,limits of possible damage from airblast or ground
motion.
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(4)

For design purposes, a maximum hazard distance of

2500 feet was used for each crevasse site.

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ANNEX·F (PUBLIC AFFAIRS) to the Birds Point-'Ne\'l Hadr ia Floodway
Operations Plan
1.

Situation.

Same as basic plan.

2. Mission. To insure that accurate and timely information is
disseminated to media and interested pUblics.
3. . Execution.
(1) The Memphis District Public Affairs Office will be
responsible for preparation and dissemination of news releases
and announcements on the operation of the Floodway, following
coordination with and approval of the Public Affai'rs Officer,
MRC. News releases and announcements on the operation of the
Fl09dwaywill also be coordinated with local and state
authorities prior t~ release. The Memphis District public
Affairs Officer (PAO) will also be responsible for photo
documentation of the Floodway operation, and all audio-visual and
photographic .support will be coordinated with the Public Affairs.
Office.
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(2)' ,A 24-hour Press Center will be establ ished in the
vicinity of the Floodway to serve as a field operating agent of
the Memphis District Public Affairs Office. The District PAO
will serve as a communications and coordination point for all
public affairs activities.
(3) The PAO or his representative will be responsible
,for providing assistance to news media representatives as
requ~red, assisting and coordinating with representatives as
required, assisting and coordinating with responsible Corps
elements ·on public affairs matter., and for providirig other
support as needed.
(4) Media briefings will be scheduled as required.
The Memphis District PAO will serve as the official' Corps of
Engineers spokesman for all matters concerning the operation of
the f 1oodway.
(5)
A press kit will be prepared and made a v ai I able.
The kit will include a fact sheet and map of .the floodway •.
(6) The PAO will coordinate shuttle service for VIPs
and news media personnel to work ·areas as required an~ as
conditions and accessibility permit. Knowledgeable escorts will
be provided as directed.
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ANNEX G (COMMUNICATIONS) to the Birds Point-New.Madrid Floodway
Operations Plan
1.

Situation.

a. TheM/V Mississippi will serve as the Command Post for
operation of the floodway.
b. The M/V Mississippi and strong, and Tender Goodwin are
equipped with all necessary communications equipment. "
2. Mission. Memphis District Communications-Electronics (C-E) "
Unit will install and maintain all communications systems in
support of the floodway operations.
3.

Execution.

a. Following the establishment of the Press Center, the
Memphis District C-E Unit will install radio communications
equipment~
Telephone communications at the Press Center will be
provided by commercial source. "
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b. C-E Unit will provide continuing maintenance on all
communications systems during preparation and operation of the
floodway.

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c. All radio communications will be in accordance with MDR
500-1-2.

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