Bridge, Phillips, Elam Drainage District News From the desk of Milton Sandy Jr
December 21, 2012
Vol 2012-10
This newsletter is directed to friends and supporters of our efforts to get something done about the repetitive flooding in Corinth and Alcorn County which on May 2, 2010, caused loss of life, public and private property and threatened public health and safety by the massive release of raw sewage into flood waters. If you have news, questions or comments, please fire away.
MAYA CALENDAR and THE END OF TIME I've heard a lot of talk lately about the end of time and the Flood Threat for December Maya Calendar so I rushed to get this newsletter out before it was too late. Apparently December 21, 2012 is a significant, but little recognized, event in the recorded history of mankind. I decided to take a look at the recent publicity about the Maya calendar and see if there was a deeper meaning in this obscure event. Seems that ancient Maya timekeepers developed a fractal or quantum concept of time in which they tied the heavens and man and all the world to a cosmic calendar based on the Maya counting system using a base of 20 (instead of our 10). We are now in the 5th Long Count, which began at sunrise on August 13, 3114 BC, and coincides with the dawn of the Maya world, according to their creation myth. All of the cycles within the Maya calendar, since their history of the beginning of time, culminate on the winter solstice at sunrise, December 21st, 2112. That sunrise will be the only one of the previous 1,872,000 sunrises when the rising sun precisely eclipses the black hole at the center of the Milky Way. As the sun rises on December 21, 2012, a new cosmic cycle will begin on the Maya calendar. Many people read a lot more into this event than may be justified, but I wanted to get this newsletter out, just in case. The Maya are the indigenous people who live in southernmost Mexico, Guatemala, and Belize, with a few in El Salvador and Honduras. Their ancestors migrated over the Maya glyph for water land bridge from Asia to the Americas during the last ice age and wandered in the New World for over 10,000 years before (according to the Maya creation myth) they took the first steps to establish the advanced Maya civilization that lasted almost 2000 years. Maya scribes used a complete complex writing system (1 of only 5 created in the history of the world), capable of recording any thought the human mind could conceive. In 1547 a sociopathic Franciscan friar named Diego de Landa claimed to have received a divine inspiration that Maya writing was the work of the devil. In San Cristobol de las Casas, Mexico, he conducted an inquisition and rounded up as much of the prolific output of Maya scribes as he could find. In a single night he destroyed much of surviving written Maya history and reduced the wisdom and knowledge of an advanced civilization, accumulated over 3500 years, to ashes. He then spent years burning anyone he could find who could write Maya. When he could find no
Contact: Milton Sandy Jr 662-286-6087 - Fax 287-4187 - E-mail mlsandy@tsixroads.com
more, he burned anyone who could read it. In one of the greatest tragedies in history, ignorance and intolerance wiped out much of the Maya contribution to the common heritage of mankind. After 200 hundred years of intensive code-breaking effort by archaeologists, we can now read about 80% of the Maya glyphs, but an understanding of the concepts they were meant to convey still remains elusive. For years, archaeologists pored over the stone-hewed jaguars and shamans of Maya hieroglyphics, viewing them as keys to unlocking the mysteries of a civilization that flourished as the Roman Empire was crumbling and now lies buried beneath a thick jungle canopy. Today, many scholars have turned to modern Maya languages to help decode the hieroglyphs-trying to shed light on the rise and fall of the Maya. In northern Guatemala, the Maya built a magnificent city containing over 200 pyramids, twice as many as in all of Egypt. One of them became the largest building in the world, a title it held for nearly 2000 years. It required 15 million man-days to construct. The Maya were this hemisphere's first master builders who knew how to assemble and manage a large labor force. They built extensive drainage canals, built cisterns to retain water, drained swamps and used the sediments as topsoil to grow crops Thirty-nine languages of the Maya family survive and are still used daily by some Maya Indians. Most of the languages are very different from each other. One of the most common highland tongues, Kanjobal, is used today by Maya Indian immigrants, a large group of whom live today in Corinth. Commonly viewed as Mexicans, these Maya Indians are originally from the Chiapas region of Mexico and fled Guatemala into Mexico during the 1980's to escape “death squads� who were trying to eliminate indigenous native people. The Maya built their civilization by elaborate infrastructure, living in an area without topsoil or ground water. While much of their history is still a matter of speculation, an extensive drought from climate change and a failure to maintain the man-made drainage infrastructure are often cited as causal factors in the civilization's decline. Beginning in 1517 with the arrival of the Spanish an unintended environmental disaster of unfathomed consequences was set in motion. What resulted may have been the greatest genocide in world history, killing 95% of the inhabitants of the entire new world, perhaps 50 million people in all. In less than 100 years 2 entire continents were almost emptied of their people including the Maya. So my lessons learned from the Maya, (if we are still around on December 22) include: 1. Be tolerant of other people's beliefs and lifestyles 2. Take care of man-made infrastructure, particularly pertaining to water 3. Beware of unintended consequences when dealing with the environment- this pertains to those who think they are the experts, as well as those who aren't
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K-MART LAWSUIT and the BLACK HOLE The City of Corinth filed their rebuttal memorandum brief in support of their motion to dismiss this past week, Document #107. Reading the brief three times, I have to admit my eyes glazed over and my eyes rolled back in my head. I'm not a lawyer so some confusion is to be expected but I pity the poor judge or clerk who has to read this now over 770 pages of documents and make some sense out of it. Two things seem to be major issues. One pertains to whether Kmart's claims relate to the NFIP or local law. From what I was taught by MEMA on floodplain administration, flood insurance is only made available if first, the state adopts enabling legislation allowing communities to enforce flood plain regulations, and second, if the local community adopts the minimum NFIP regulations. Once all that is done, Federal, State and Local regulations are all the same it seems to me- you can't refer to one without simultaneously making references to the others. The second issue seems to revolve around the LOMR allegedly obtained by Kroger with some assistance from the City of Corinth. Now the documents filed as exhibits for this I'll admit is a pretty interesting tale. I only wish I had some of the writing skills of Mark Twain because it seems to me, as a story, this could rival “the Celebrated Jumping Frog of Calaveras County.” While my intention was to discuss the KCS railroad crossing and related issues in the Kmart lawsuit, I got sidetracked when studying documents filed as exhibits to Document #107. I will digress and defer the railroad to the next issue. This is going to be incredibly boring to many and I have few pictures to break the monotony. Believe me I'm just skimming the surface trying to explain a governmental paperwork system of incredible complexity. If you are interested in more in depth explanations, visit FEMA's website where they have extensive FAQs, tutorials, and forms and manuals to download on the subject of map corrections. FEMA realized keeping up-to-date maps was a moving target, always needing revisions, so they adopted a systematized procedure that could be followed to correct errors. Terminology gets really confusing at this point so please hang with me here. ALL corrections are called Letters of Map Correction (LOMC). Within this overall description, there are 2 major divisions- Letter of Map Amendments (LOMA) and Letter of Map Revision based on FILL (LOMR-F). In addition, there are Conditional versions which can be submitted ahead of a proposed project, but nothing like that is ever likely to happen in Corinth. Most things here are done after the fact- commonly known as the “Easier to ask forgiveness than permission” theory. The LOMA is supposed to be used whenever there is an error in a published Flood Insurance Rate Map (FIRM) which involves something in a Floodplain that was “inadvertently” included when the FIRM was first published. In Corinth's case this would be March 16, 1981. Anything built or located before that time is pretty well assumed to be a natural part of the landscape in terms of earth and “pre-FIRM” in case of structures, whether in the floodway or floodplain and whether it was built using “FILL” or on natural land.
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Naturally, there was a lot of “stuff” that would be eligible for LOMA's that was built or in existence before 1981 and is above designated floodplain/floodway elevations. It is for that reason that FEMA encourages corrections to make the delineation of floodways and floodplains more accurate. FEMA now has an online internet application process for anyone to use for LOMA's. FEMA also has a simplified application form called MT-EZ for LOMA's and has a dedicated online service called eLOMA specifically for surveyors and licensed engineers to expedite there requests. In short, FEMA bends over backward to try and encourage legitimate map revisions for accuracy. It wouldn't surprise me if they have a telephone “App” soon to allow people to apply with their telephones, using GPS and satellite elevations. The only technical or scientific thing at this time needed for a LOMA is an elevation certificate which has to be prepared by a licensed surveyor or engineer attesting to the absolute elevation of the structure foundation above sea level. This is a document also routinely necessary to obtain a flood insurance policy for a structure or business. Finally, there is the LOMR-F which is a more complicated process since it involves “FILL” being placed in a floodplain or floodway. A form package called MT-1 is required, which is quite detailed but can also be used for any LOMC. Generally speaking the City of Corinth has been responsible through NFIP regulations incorporated into city ordinances for seeing that there was no fill used in any floodways and tightly regulated in the floodplains. This was the case even earlier than March 16, 1981, but became official as far as map revisions after that date. So now the story begins. In an effort to try and condense the story, I tried to put everything in perspective with a TIME LINE of what the documents show.
TIME LINE OF EVENTS RELATED TO LOMR Case No: 05-04-5190A 10/12/2001 Elam Creek floods the neighborhood to a depth of 13” in places after 6” of rain in 3 hrs. Culverts floated down Elam and blocked the KCS railroad crossing creating a virtual dam which made the extent of flooding much worse 11/14/2001 Surveyor Rob Cooper executes elevation certificate for Edens and Avent (sic), property owners, for Kroger building at Fulton Crossing Shopping Center 11/29/2001 Elam Creek floods to a depth of 6” in places, rainfall wasn't recorded 9/26/2002 Elam Creek floods to a depth of 4-5”, 8 3/4” rain over 30 hrs 7/31/2004 Elam Creek floods the Kmart/Kroger shopping center 9/20/2005 Rohan Hanson of Flood Zone Correction Inc (FZC), “We Correct, You Collect”, files MT-1 form with FEMA applying for a LOMA presumably for Edens & Avant, property owners, although their name is not mentioned on the document. Since the
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application is for a LOMA, no fee is indicated as being due. Rohan Hanson signs the LOMA application stating “No fill” was used on the property and representing his statements are correct “to the best of my knowledge.” 10/5/2005 FEMA replies to Rohan Hanson (FZC) case no. 05-04-5190A - LOMA request, indicating a Community Acknowledgment Form (Section B) was required with a Community Official's signature. 10/7/2005 Flood Zone Correction Inc writes to Junior Morgan, City of Corinth Flood Plain Administrator, informing him their initial review of the project revealed “the project falls entirely within Flood Zone A2” (an area on the 1981 Flood Insurance Rate Map (FIRM) which included the floodway and the floodplain). The letter further states “FEMA requires that the Community Flood Plain Administrator sign Section B (PROPERTY LOCATED WITHIN THE REGULATORY FLOODWAY) of said COMMUNITY ACKNOWLEDGEMENT FORM, when conditions exist as described above.” 10/18/2005 Community Acknowledgment Form signed by unidentified person, (signature blacked out), titled building insp., in both Sections A (for LOMR requests involving the placement of fill) and Section B (for LOMA requests located within the regulatory floodway). This official also adds as a community comment “We need the map revision as soon as possible.” 11/18/2005 FEMA under the signature of Doug Bellomo, P.E., Chief, Hazard Identification Section, Mitigation Division, issues LOMAR-FW designating the property as Flood Zone C which per the 1981 FIRM is an “Area of minimal flooding”, outside the floodway or floodplain. 9/18/2010 FEMA revalidates the LOMR-FW issued 11/18/2005 in Case No: 07-042236V to make it an official revision to the updated Map Panel 28003C0067C dated September 17, 2010. *Initial bold dates indicate exhibits to Doc #107 filed by City of Corinth in Kmart lawsuit
Several things leap out at me reviewing these documents. Flood Zone Correction Inc apparently made no representations of professional engineering or surveying qualifications. Their corporate registration papers categorize their business as management consulting and their business SIC codes indicate they are engaged in real estate management. They do have a catchy slogan- “We Correct, You Collect.” None of the documents indicate Kroger had anything to do with any of the applications- they were just busy “selling cans of soup.” The statements in the MT-1 LOMA application filed by FZC makes reference to 18 USC §
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1001 which provides that for Statements or entries generally: (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years Now everyone reading this newsletter or with any memory of the construction of the Kmart/Kroger shopping center in 1992 knows there was extensive fill used over the entire site. So to apply for a LOMA stating there was “No Fill” used on the Kroger Building looks like a pretty materially false statement or representation or a “known untruth” as you may chose to describe it. The elevation certificate submitted with the LOMA application was created 4 years earlier, made no references at all to fill, to a LOMA or a LOMR and in no way shape or form could be considered scientific evidence of anything other than a statement of fact of the elevation of the Kroger building. It is highly likely Flood Zone Correction Inc never had any contact at all with the late Rob Cooper, the professional surveyor who prepared the certificate, and who was well regarded professionally as well as an outstanding member of this community. The 10/7/2005 letter to Junior Morgan, City of Corinth Flood Plain Administrator, seems a little intentionally misleading to me stating that their initial review of the project revealed “the project falls entirely within Flood Zone A2”. This was certainly a statement of the obvious since on the 1981 Flood Insurance Rate Map (FIRM) zone A2 included both the floodway and the floodplain. The letter further states “FEMA requires that the Community Flood Plain Administrator sign Section B (PROPERTY LOCATED WITHIN THE REGULATORY FLOODWAY) of said COMMUNITY ACKNOWLEDGEMENT FORM, when conditions exist as described above.” Since the signatures on the Community Acknowledgment form are blocked out, we don't know who signed for sure. Whoever did sign, signed not just Section B but Section A as well. This does not indicate a great deal of understanding, it would seem to me, or an inability to follow instructions. In addition, the community official also added the comment “We need the map revision as soon as possible”. Both sections represent far more than what FZC implied in the statement to Junior Morgan above. Section B represents that NO FILL has been or will be placed in the floodway, thereby, in essence, swearing to the FZC LOMA application. Section A makes the additional representation that the official has determined that if FILL is involved, the structure to be removed has been determined to be “...reasonably safe from flooding...” and “...we have available, upon request by FEMA, all analyses and documentation used to make this determination.” According to MEMA documentation, this documentation would normally consist of an engineer's “No-Rise” certificate Page 6/7
illustrated in MEMA's state forms manual for LOMC's and shown below. Finally, on 11/18/2005, FEMA under the signature of Doug Bellomo, P.E., Chief, Hazard Identification Section, Mitigation Division,, issues a LOMR-FW designating the Kroger store is now in Flood Zone C which per the 1981 FIRM is an “Area of minimal flooding”, outside the floodway or floodplain. This LOMR was revalidated on 9/18/2010 for the updated FIRM maps dated September 17, 2010. The FEMA official Doug Bellomo is the only individual shown in any of the exhibits directly representing “No Fill” with any professional qualifications. Over his professional signature is the statement that this determination “is based on the flood data presently available.” A LOMA was applied for, a LOMRFW was issued. The LOMR-FW placed the Kroger store in Flood Zone C, so it is technically no longer in the Floodway as Kmart alleges- it is not even in the Floodplain! Now Kmart is in the Floodplain and if you do enough hydrological studies you could conceivably find that Kmart being in the floodplain also built on fill, could have caused the flooding in Kroger.
MEMA Engineer's “No-Rise” Certificate
And that is where I will bring this discussion to a close. The reasoning behind some of these documents seem as strange to me as the “Black Hole” physicists talk about and the Maya predicted would be eclipsed today over 5,000 years ago. Once again, another year has gone by in a blast. On behalf of my fellow commissioners John Warren Henson and Hull Davis, we appreciate all your comments and encouragement that we have received. Stephanie and I wish everyone a Merry Christmas and a Happy New Year. Page 7/7
HO! HO! HO!