SIKESTON -- The U.S. Department of Justice will not appeal the decision to halt work on the St. John's Bayou-New Madrid Floodway Project.
Work on the long-awaited U.S. Army Corps of Engineers project, which would have closed the gap between the setback and frontline levees in the New Madrid Floodway and installed a pumping station there, began in the fall of 2006.
The project's purpose, according to the Corps, is to protect the area from periodic backwater flooding from the Mississippi River and to reduce headwater flooding in the vicinity of East Prairie. It would have also allowed for the management of water-based natural and recreational resources made by the flood control structures.
A September 2007 decision by the U.S. District Court for the District of Columbia ordered the U.S. Army Corps of Engineers to halt the project and restore the area to how it was before their work started.
"We have been working in that direction ever since then," said Jim Pogue, public affairs specialist for the Corps. "We already removed the dewatering system except for some wells that have been capped off. We have also gathered field data for the plans and specifications to do the rest of the work to return the site to the way it was before we began."
Pogue said the Corps expects to have these plans and specifications finished by December.
"We'll continue taking steps to comply with the court's order and will work with local officials and Congress on the way ahead," said Col. Thomas Smith, commander of the Corps' Memphis District, in Wednesday's press release.
"The reason we haven't done more on the plans and specifications is because of the high water this spring," Pogue explained.
Following extensive consultation with the Corps, the U.S. Department of Justice, which acts as the Corps' legal representation, decided Monday not to appeal the U.S. District Court's decision to halt and reverse the project, according to the Corps' Wednesday press release.
"They based their decision on consultation with us and knowledge they have regarding the case," Pogue said, following "a thoughtful and comprehensive process."
As of press time, Department of Justice officials had not provided more information on why they decided not to pursue an appeal.
"The decision by the Department of Justice not to move forward with the appeal of the United States District Court for the District of Columbia's decision on the St. John's Bayou-New Madrid Floodway Control Project is extremely disappointing," Rep. Jo Ann Emerson stated in a Wednesday press release. "At this time it is unclear what options may be available for businesses and, most importantly, the people who, because of this decision, will continue to face life-threatening floods and devastating property damage. I will continue to work with local leaders to protect the families of this area from the perpetual flooding that occurs in Scott, Mississippi and New Madrid counties. I will not rest until the people are protected."
U.S. Sen. "Kit" Bond also offered remarks.
"This is nothing new for these citizens who are used to being jerked around by distant, unelected bureaucrats in their government," said Bond in a Wednesday news release. "These brave, tireless and patient Missourians will not quit and neither will I."
"We still believe this is the best project for the citizens in the area and we stand by the science and engineering that went into it," Pogue said. "We still would like to see the project accomplished. We're going to work with the local sponsors and congressional delegations to see what the road ahead is, what the best path is to follow."
According to figures provided by Pogue, the Corps had spent approximately $7.2 million on the project before being halted. Construction was primarily earthwork that included building a diversion channel and cofferdams for a dewatering system.
Following the U.S. District Court's order to halt and reverse construction, the Corps has spent approximately $80,000 on site restoration.
Pogue said the Corps won't have projected costs for the continuing restoration until plans and specifications are completed this winter.
"The two most important things are that we still believe in the project but we are following the direction of the court and will take the steps necessary to comply with the court's order," Pogue said.
He added the Corps is also working on "charting a way ahead" for the project.

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