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Second Appeal Summary
PA ID# 083-00000; Santa Barbara County
DSR ID# 19551 ; San Pedro Creek
Citation: FEMA-1044-DR-CA; Santa Barbara County; DSR 19551
Cross Reference: Permanent restoration, Flood control works (FCWs), Federal Levee Policy
Summary: During the winter storms of 1995, a portion of the concrete lining along a section of the San Pedro Creek and a concrete access ramp were washed away. A gate and length of fence were also washed away during the flood. DSR 19551 was originally prepared in the amount of $10,572 to fund the restoration of the channel. Upon review of the DSR, certain line items were either reduced or deleted from the cost estimate, and the estimate was reduced to $3,580. The subgrantee submitted a first appeal of the reduction of the cost estimate in a letter dated February 29, 1996, specifically appealing the deletion of the aggregate surface course that was originally included in the cost estimate for the restoration of the concrete access ramp. Upon review of the first appeal, the Regional Director determined that San Pedro Creek was an FCW. Therefore, the restoration of the channel was found to be ineligible for FEMA funding. The subgrantee submitted a second appeal in a letter dated June 3, 1997, including two letters from the USACE stating that San Pedro Creek is a drainage channel, not an FCW. OES forwarded the appeal with a transmittal letter dated July 28, 1997. OES concurred that the San Pedro Creek is not an FCW and recommended that the costs associated with the repairs to the channel be determined eligible for reimbursement by FEMA. In addition, OES requested that the subgrantee's first appeal issue, the deletion of the aggregate surface course, be considered at this time.
- Is the restoration of San Pedro Creek eligible for FEMA assistance?
- Are the costs associated with placing aggregate base course eligible?
- Yes. The subgrantee has provided documentation to support their claim that the San Pedro Creek is not an FCW; therefore, the facility is eligible for FEMA assistance.
- Yes. Aggregate base course was necessary to adequately restore the concrete access ramp to its predisaster condition; therefore, the cost of the aggregate is eligible.
Rationale: The San Pedro Creek is an eligible facility, not an FCW, and was damaged as a direct result of the declared disaster. Accordingly, the work to restore that facility to its predisaster condition is eligible for FEMA assistance.