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Second Appeal Summary
PA ID# 000-92001; California Department of Parks and Recreation
DSR ID# 94195,94196,80110; Tree and Log Jam Removal
Citation: Appeal Brief; Second Appeal; California Department of Parks and Recreation (DPR); FEMA-1155-DR-CA; PA #000-92001
Cross Reference: DSRs 94195, 94196 and 80110; Log Jam Removal; Time Extension
Summary: In the winter of 1996, heavy rains melted a large snowpack in Humbolt County creating high stream flows and log jams in multiple parks under the jurisdiction of the DPR. FEMA prepared DSR 94195 (Category A) for $21,597 to remove a log jam near Miller Creek Bridge; DSR 94196 (Category A) for $5,123 to remove fallen trees from a park trail; and DSR 80110 (Category B) for $8,505 to remove another log jam. FEMA provided NEPA clearance for DSRs 94195 and 94196 on August 22, 1997, which identified specific conditions and required permits. The applicant did not complete the work within six months and requested a time extension, which was denied. The first appeal (submitted to the State on May 7, 1998) was not supported by the State. FEMA denied the appeal and reiterated that the applicant did not demonstrate extenuating circumstances beyond its control. In the second appeal (now supported by the State), the applicant states that DSR 80110 was completed on May 14, 1997, prior to the FEMA deadline. The appeal also requests reclassification of DSRs 94195 and 94196 as Category C or G because environmental clearance precluded completing the work within the emergency deadline and, therefore, the nature of the work is not Category A work. Per discussion with the applicant (subsequent to the second appeal submission), all DSRs were completed within one year of the date of declaration.
- Should DSRs 94195 and 94196 be reclassified as either Category C or G?
- Were the scopes of work of the three DSRs completed within FEMA's emergency deadline and allowable State extension?
- No. The work was debris removal and explicitly Category A.
- Yes. The applicant indicates that the scopes of work for each of the DSRs were completed within a year of the date of declaration.
Rationale: 44 CFR 206.204