Case: 1:11-cv-00103-GHD-DAS Doc #: 268 Filed: 10/08/13 10 of 19 PageID #: 3419
Report, Ex. 10 at 2-3. In fact, Plaintiff’s own expert does not dispute that the 100 year flood elevation at the Kroger store is 432.4 and the floor elevation of the building is 433.00: Q.
You would agree that in 1992 the elevation of the Kroger and Kmart building -not the building, the ground elevation was at least somewhere around 431.8 feet?
A.
Above that, yes.
Q.
And when the store was built, it was build above that?
A.
Yes.
Q.
And it was built above 432.2 feet?
A.
Yes.
Deposition of Krewson, Ex. 9 at 98:9-18. According to Defendants’ expert, Jamie Monohan, the Kroger building was removed “from the 100-year flood zone and subsequently, the floodway, by virtue of (1) the lowest adjacent grade elevation is at or above the 100-year flood elevation, and (2) the structure was not elevated by the placement of fill…. If a structure is vertically outside the 100-year flood zone, and was not elevated on fill, then by definition it is outside the regulatory floodway as well.” See Monohan Report, attached hereto as Collective Exhibit 13, at 2. Mr. Krewson incorrectly assumed that the Kroger building was still located within the floodway because the 2010 FEMA map did not change the floodway limits. However, the FEMA revalidation letter explains that “since the new FEMA maps dated September 17, 2010 will not be revised as a result of these Letter of Map Change cases, they remain in effect and continue to clarify the FIRM’s depiction of these properties (including the Kroger property). See FEMA revalidation letter, attached hereto as Collective Exhibit 14, page 1. Mr. Krewson acknowledged that he failed to take this fact into account when preparing his report:
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