Summary: As a result of winter storms in March of 1995, DSR 93577 was prepared to fund the restoration of a 300-foot long portion of the north embankment of Bell Creek. The DSR was deemed ineligible because the affected portion of the creek was a natural stream and not an eligible facility. The first appeal provided information on improvements to nearby portions of the creek but not the portion in question and added that repairs were needed as emergency protective measures to protect the public campsites and roads nearby. The first appeal was denied since it did not support that an immediate threat existed from a 5-year storm on improved public property. The second appeal and subsequent faxes from the subgrantee provided additional information on the effects of a 5-year storm event on the creek. However, the information did not establish that an immediate threat to improved property exists.
Is the eroded section of Bell Creek eligible for repair?
Is there an immediate threat?
No. Bell Creek an unimproved, natural feature, not an eligible facility.
No. There is no immediate threat to the roadway and the campsites.
Rationale: Per documentation provided in a November 3, 1995, letter by Orange County, the predisaster condition of the portion of the Bell Creek in question was not improved or maintained. Also, the analysis provided does not establish that an immediate threat to improved public property from a 5-year storm event exists.