PA ID# 083-00000; Santa Barbara County
DSR ID# 46572; Repairs to East Branch Maria Ygnacia Creek
PURPOSE: Respond to third appeal submitted by Santa Barbara County concerning the permanent restoration of the East Branch of Maria Ygnacia Creek.
DISCUSSION: Excessive flood flows from the winter storms of 1995, eroded portions of the embankment of the East Branch of Maria Ygnacia Creek in Santa Barbara County. FEMA prepared DSR 46572 for the amount of $14,218 for the permanent restoration of the embankment. Review of the DSR indicated that the creek is a natural stream and, therefore, not eligible for FEMA funding. The subgrantee appealed this determination, stating that the creek is an improved and maintained natural feature and, as such, is an eligible facility. The Regional Director denied this appeal due to a lack of documentation provided by the subgrantee. Upon second appeal, FEMA determined that the facility met the USACE definition of an FCW and was, therefore, under the specific authority of the USACE. The subgrantee submitted a third appeal with documentation supporting that the facility is not an FCW and, therefore, not eligible for funding from the USACE rehabilitation program. Upon review of pertinent third appeal documentation, FEMA determined that although portions of the channel are improved and maintained, the damaged portion is an unimproved natural feature and, therefore, ineligible for FEMA funding.
RECOMMENDED ACTION: Sign the letter informing the GAR of the decision to deny the third appeal.