PA ID# 059-48256; City of Mission Viejo
DSR ID# 26900,26910,26916,26917,26918 ; Repairs to Chrisanta and Oso Creeks
PURPOSE: Respond to third appeal submitted by the City of Mission Viejo concerning the deobligation of funding from several DSRs prepared for repairs to Oso and Chrisanta Creeks.
DISCUSSION: Excessive flood flows from the winter storms of January 1995 (1044-DR) eroded portions of the Chrisanta and Oso Creeks along 800 linear foot (LF) and 2,000 LF reaches, respectively. The subgrantee determined that along with repairing damaged portions of the Creeks, riprap was required to protect the integrity of the undamaged portions of the Creeks. Subsequently, the subgrantee placed riprap along the entire reaches of both facilities. In June 1995, multiple "Category D" DSRs were prepared for the permanent restoration of the subject facilities. DSRs 26910, 26916, 26917, and 26918 were prepared for repairs to Oso Creek for a total of $726,500. DSR 26900 was prepared for $445,865 for repairs to Chrisanta Creek. FEMA denied funding on the basis that project work was completed prior to the initiation of a NEPA review. During second appeal, the subject facilities were also identified as FCWs and, therefore, under the specific authority of the USACE. I have determined that funding for the permanent restoration of FCWs is eligible under the Public Assistance Program for flood control facilities damaged during the 1044/1046 disasters. Also, riprap is a reasonable repair for eroded earth-lined channels, and does not require NEPA review. Because the subgrantee has not provided documentation establishing the extent of disaster damages, the Regional Director will prepare supplemental DSRs to fund 50% of the costs associated with the permanent restoration of the facilities through placement of riprap.
RECOMMENDED ACTION: Sign the letter informing the GAR of the decision to partially grant the appeal.