PA ID# 059-00000; Orange County Emergency Management Agency
DSR ID# 94063; Restoration of Bee Canyon Retarding Basin
PURPOSE: Respond to third appeal submitted by the Orange County Emergency Management Agency for permanent restoration of Bee Canyon Retarding Basin.
DISCUSSION: The winter storms of January 1995 (FEMA-1044-DR-CA) caused extensive damage to flood control facilities throughout Orange County. FEMA prepared DSR 94063 to fund repairs to Bee Canyon Retarding Basin. DSR 94063 was approved in the amount of $1,208 to fund repairs to the facility with unclassified fill. The subgrantee's first appeal challenged the scope of work under DSR 94063 and requested that the damaged slope be repaired in accordance with Orange County's codes and standards. During first appeal review, DSR 94063 was found ineligible on the basis that the Basin meets the United States Army Corps of Engineers' (USACE's) definition of a flood control work (FCW), such that restoration funding for the damaged slope would be under the specific authority of the USACE. DSR 83810 was prepared to deobligate funding in the amount of $1,208. The subgrantee's second appeal primarily challenged the Federal Levee Policy and FEMA's coordination of disaster assistance as it relates to FCWs and the Policy as well as FEMA's denial of their slope repair codes and standards. Appeal responses upheld the initial determinations of ineligibility. The third appeal reiterates much of the earlier positions. It is found that, given the circumstances under which information was provided during the disaster event regarding funding authorities for FCWs, there is sufficient basis to consider these flood control facilities as eligible facilities for this disaster event. A supplemental DSR will be prepared for the eligible scope of work described in the November 2, 1998, FEMA analysis of similar Orange County third appeals, and funding in the amount of $13,570. However, the subgrantee's codes and standards are not eligible.
RECOMMENDED ACTION: Sign letter partially granting the appeal.