Trees Will Not Lead to Decertification

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    Trees could face axe if Corps of Engineers enforces strict vegetation rules Page 10f3

    Trees could face axe if Corps of Engineers enforces strictvegetation rulesBy Sheila Grissett, The Times -PicayuneApril 26, 2010, 7:20AM

    Ted J ackson / The Times-PicayuneBJ . Morgan and his dog Hank walk the levee as they enjoy the dog play area and thetrees along the levee near the Riverbend section and the Mississippi River in NewOrleans earlier this month. The mature line of trees runs afoul of an Army Corps ofEngineers vegetation policy, previously ignored but now being aggressively enforced,that prohibits trees within 15 feet of levees and floodwalls.

    Some 500 trees along the Mississippi River in EastJefferson and NewOrleans -- and eventhe English ivythat has covered a FrenchQuarter floodwall for decades -- are the next targets of a controversial ArmyCorps of Engineers vegetation policy that likely will require their removal.Mostof the trees are located behind homes that backup to the river in River Ridge, Harahanand Kenner,but a highly visible line of mature trees also flanks the western edge of the unofficial dog park along LeakeAvenue, a clover-and-grass-covered levee slope long usedby residents of Uptown NewOrleans and thecanineswho walk them.

    All of the trees, as well as vines blanketing the floodwall that separates the MoonWalk and parking lot eastof Jax Brewery from Cafedu Mondeand other iconic FrenchQuarter establishments north of the wall, arenow listed onannual corps levee inspection reports as "encroachments" in needof removal.Local leveedistricts have beenadvised not to start cutting yet, however, as decision-makers at corpsheadquarters continue grappling with the fallout from their post-Hurricane Katrina decision to startaggressive enforcement of a previously ignored policy that prohibited trees within 15 feet of levees andfloodwalls.

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    Not only has the policy raised the ire of naturalists, it hasalso spawnedcomplex real estate andenvironmental issues that must beaddressed.Whenaskedfor advice on howto proceed, a corps operations supervisor in NewOrleans recently told agroup of regional leveecommissioners and district executives that hewouldn't advise cutting riverside treesuntil there is further word from headquarters."I can't speak on behalf of the whole corps ... but I wouldn't move just yet," Jerry Colletti, assistant_-operabons chief for the diStrict, told the group. "Wemay know somemore after a meeting we're having in afew weeks ... or by the end of the year."Trees are going to bean issuefor a long time, and we've asked (headquarters) for a better waiver system_and the ability to use some engineering judgment when it comes to deciding what needs removing in ourdistricts," hesaid."I'd say don't do anything yet until we hear something elsefrom them."

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    'Minimally acceptable'Colletti and corps geotechnical engineer RichVaruso said agency inspectors have nochoicebut to note theexistence of trees and other growth that seems to violate the vegetation policy. Butthey said inspectorsaren't lowering the overall ratings the leveesystems are given. te: -t n~ .'+.1' .,A..1. i ,ND l/e-Ct:?Y' 'f,/, , v ' J ""The trees are noted and rated 'minimally acceptable,' and while I know the word 'minimal' is a red flag thatraises concern, all it really means is that it's something for us to monitor," he said. ''It doesn't mean that theIlevee isn't capableof functioning asdesigned."If a tree or any other obstruction is discovered ina leveesection proper, the tree is ordered removed.

    Corps commanders saythe primary goal of vegetation regulations is to provide accessand unobstructedviews of levees and floodwalls inorder to inspect them properly, detect developing trouble, perform requiredmaintenance, make neededimprovements and carry out emergency flood-fighting.

    A dog runs to catch up to his master asthey enjoy the dog play area and the treesalong the Mississippi River levee near theRiverbend in New Orleans earlier thismonth.

    Secondarily, they say, maintaining a grass-only systemminimizesthe presenceof trees that, if blown over during a hurricane, coulddislodge roots or rootballs, possibly destabilizing a levee orfloodwall with tragic consequences.A post-Katrina policyA position paper issuedbycorps headquarters in April 2007 laidout its case publicly for strengthening vegetative regulations andmandating across-the-board enforcement with little hope of gettingawaiver to sidestep them.Ironically, some corps districts and leveedistricts have not onlyallowed trees, fences, swimming pools and even the occasionalstructure to go up inthese "vegetation free zones, " the agenciesevenhelpedplant trees as part of community beautificationprograms. And not until after Katrina did corps levee inspectors evenstart to identify large trees on leveesas an issue for correction, the corps' 2007 position paper noted.

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    But the document alsomade clear that in the future, the cost of noncompliance would be steep: Federal aidwill bewithheld in response to any future floods, and offending leveesystems risk decertification and theloss of participation in the federal flood insurance program."Cor s officials said there's no chance that such punitive action would be taken against local levee districts fornot cutting trees at t is point.There is still no certainty as to what role, if any, large trees blown over by Katrina might have played infloodwall breaches that led to the catastrophic flooding of NewOrleans and parts of EastJefferson.Lessonslearned since then have revealed floodwall design deficiencies, including shallow foundations, thatcould well account for all the failures. But large trees growing in levee slopes near the major breaches wereuprooted in the storm.Tests explore trees' dangerIn an effort to help resolve some of the dueling scientific theories regarding the marriage of trees andlevees, the corps last year tasked the Army's own Engineer Researchand Development Center to launch newresearch into the effects of woody vegetation on levee performance. The project, which includes computermodeling and hands-on test sites in NewOrleans and nine other cities in eight states, is scheduled to finishup this year. ..In addition, the Army facility staff is also collaborating in research being led by a California consortiumhoping to find a way to ensure levee safety while saving the last remnants of the riparian forest that oncelined rivers inthe Central Valley."This is a work in progress, and we're trying to be consistent, " Varuso said. "But on levees that have beenaround for awhile, there are complicating issues. It takes time."The push to eliminate everything but grass on or around federal levees and floodwalls was fueled by Katrina,and well before the position paperwas ever published, the crackdown ontrees was in full swing alonghurricane protection levees on Lake Pontchartrain and floodwalls in NewOrleans, Metairie and Kenner.

    By the time itwas over, some 5,000 trees had been cut, many of them along the breached London and 17thAvenue canals, and lawsuits filed as a result of the removals are still working their way through the courts.Varuso and Colletti said it was necessary to cut trees off the levees, berms and adjoining 1S-foot zonesbecause of the Katrina experience.Sheila Grissett can be reached at [email protected] or 504.467.1746.

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