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Second Appeal Summary
PA ID# 037-91012; Los Angeles County Department of Public Works
DSR ID# Various; Reservoir Debris Removal
Citation: FEMA-0979-DR-CA; Los Angeles County Department of Public Works, Reservoir Debris Removal; DSRs 45961, 45963, 45964, 45965, 45967
Cross Reference: Disaster Related Debris
Summary: As a result of the 1993 heavy rains, the Los Angeles County Department of Public Works (subgrantee) requested funding for removal of debris deposited in various reservoirs in Los Angeles County. Damage Survey Reports were prepared for removal of debris, but were suspended pending verification of compliance with environmental statutes. During further review of the sites, FEMA found that each of the reservoirs met the definition of a flood control facility, such that they would only be eligible for emergency assistance. As the presence of the debris did not pose an immediate threat, the sites were found to be ineligible. The subgrantee submitted a first appeal of this determination, providing a letter from the USACE stating that the reservoirs in question could be eligible for structural repair under the USACE rehabilitation program (PL 84-99). However, regarding the eligibility of debris removal, the USACE stated that they do not have authority for debris removal actions on these structures. Based on the USACE's determination, the Acting Regional Director concluded that debris removal activities could be eligible for FEMA assistance if the subgrantee was able to document the pre-disaster level of siltation of the facility, as well as provide maintenance and operation policies to demonstrate their active operation and maintenance of the facilities. Despite several requests, additional documentation was not provided and the Acting Regional Director denied the appeal. The subgrantee's second appeal again requests funding for debris removal from the various reservoirs. To support their appeal, the subgrantee has provided documentation to demonstrate their maintenance operations for the facilities, and for estimating the disaster-related debris quantities.
Issues: Are the subgrantee's reservoirs eligible for debris removal assistance?
Findings: The subgrantee has provided sufficient maintenance documentation and capacity survey data to reasonably estimate the disaster-related debris quantities and thus support the eligibility of debris removal from Live Oak, San Gabriel and Big Tujungra Reservoirs. However, the available documentation for Morris and Cogswell Reservoirs is not sufficient for the purpose of adequately estimating the disaster-related debris quantities, such that debris removal from these reservoirs is not eligible.
Rationale: 44 CFR 206.223 General Work Eligibility