Repair Weldon Channel Drainage Ditch
Appeal Brief
Appeal Letter
Citation: Appeal Brief; Second Appeal; City of San Buenaventura; FEMA-1044-DR-CA; PA#111-65042
Cross-Reference: DSR 93314; Pre-existing conditions; Weldon Channel Drainage Ditch
Summary: Following the winter storms of 1995, in the City of San Buenaventura, FEMA prepared DSR 93314 to establish the cost of repairs to a concrete-lined drainage ditch. The amount of the estimated repairs on the DSR was initially $6,912. However, based on the DSR inspector's recommendation, the DSR was determined ineligible due to a lack of maintenance of the ditch prior to the disaster, pursuant to 44 CFR 206.223(e). The FEMA reviewer concurred with this finding. On June 5, 1996, the State submitted the subgrantee's first appeal which contained documentation showing the actual cost of repairs of $259,028, including photographs of the pre- and post-conditions of the ditch. Based on these photographs, the subgrantee estimated that 75% of the damage was storm related and requested $194,308. On December 4, 1996, the Regional Director denied the appeal because the damages were not a result of the disaster, pursuant to 44 CFR 206.223 (a)(1). This was supported by the fact that the city acknowledged the ditch was due for maintenance at the time of the storm. The State submitted the second appeal on April 3, 1997, which was basically a reiteration of the first appeal. No new documentation was provided to support the contention that the damages to the ditch were not a function of the condition of the ditch prior to the event. The State did not support the second appeal.
Issue: Did the damage to the concrete ditch exist prior to the disaster?
Finding: Yes. The FEMA inspector noted vegetation growing in the damaged channel bottom and the city acknowledged that maintenance was due at the time of the event.
Rationale: According to 44 CFR 206.223 (a)(1), to be eligible for financial assistance, an item of work must be required as a result of the disaster event.
Appeal Brief
| Disaster | FEMA-1044-DR |
| Applicant | City of San Buenaventura |
| Appeal Type | Second |
| PA ID# | 111-65042 |
| PW ID# | 93314 |
| Date Signed | 1997-10-02T04:00:00 |
Cross-Reference: DSR 93314; Pre-existing conditions; Weldon Channel Drainage Ditch
Summary: Following the winter storms of 1995, in the City of San Buenaventura, FEMA prepared DSR 93314 to establish the cost of repairs to a concrete-lined drainage ditch. The amount of the estimated repairs on the DSR was initially $6,912. However, based on the DSR inspector's recommendation, the DSR was determined ineligible due to a lack of maintenance of the ditch prior to the disaster, pursuant to 44 CFR 206.223(e). The FEMA reviewer concurred with this finding. On June 5, 1996, the State submitted the subgrantee's first appeal which contained documentation showing the actual cost of repairs of $259,028, including photographs of the pre- and post-conditions of the ditch. Based on these photographs, the subgrantee estimated that 75% of the damage was storm related and requested $194,308. On December 4, 1996, the Regional Director denied the appeal because the damages were not a result of the disaster, pursuant to 44 CFR 206.223 (a)(1). This was supported by the fact that the city acknowledged the ditch was due for maintenance at the time of the storm. The State submitted the second appeal on April 3, 1997, which was basically a reiteration of the first appeal. No new documentation was provided to support the contention that the damages to the ditch were not a function of the condition of the ditch prior to the event. The State did not support the second appeal.
Issue: Did the damage to the concrete ditch exist prior to the disaster?
Finding: Yes. The FEMA inspector noted vegetation growing in the damaged channel bottom and the city acknowledged that maintenance was due at the time of the event.
Rationale: According to 44 CFR 206.223 (a)(1), to be eligible for financial assistance, an item of work must be required as a result of the disaster event.
Appeal Letter
October 2, 1997
Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
74 North Pasadena Avenue, West Annex, Third Floor
Pasadena, California 91103
Dear Mr. Najera:
This is in response to your letter dated April 3, 1997, to the Federal Emergency Management Agency (FEMA). With that letter, you forwarded a second appeal of damage survey report (DSR) 93314 under FEMA-1044-DR-CA on behalf of the City of San Buenaventura, requesting FEMA to pay the costs associated with the repair of the Weldon Channel Drainage Ditch.
On July 5, 1995, FEMA prepared DSR 93314 for $6,912 to repair damages to the ditch. Upon review of the DSR, FEMA determined the damages to be pre-existing, and reduced the DSR to $0. The State submitted the subgrantee's first appeal on June 5, 1996, which contained documentation showing actual cost of repairs to be $259,028. The subgrantee estimated that 75% of the damage to the ditch was storm related and 25% due to a lack of maintenance prior to the disaster. The subgrantee correspondingly adjusted the funding request to $194,308. The Regional Director denied the first appeal because a review of the available documentation and photographs indicated that the damages appeared to be a result of age and a lack of maintenance, pursuant to Title 44 of the Code of Federal Regulations, section 206.223 (a)(1).
The issue in this appeal is whether or not the damage to the ditch was caused by the disaster. In the December 4, 1996, response to the first appeal, the Regional Director explained that it was evident by the nature of the vegetation growing in the ditch bottom that maintenance had been neglected. Furthermore, the pre-existing fracturing and loss of the ditch lining caused long-term water intrusion into the subgrade, destroying the integrity of the underlying support material. The subgrantee provided no new information with its second appeal to support its contention that the damage was exclusively the result of the storm. We have reviewed the documentation submitted with the second appeal and have determined that the Regional Director's decision is consistent with program regulations and statute. Therefore, I am denying the second appeal.
Please inform the subgrantee of my determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
74 North Pasadena Avenue, West Annex, Third Floor
Pasadena, California 91103
Dear Mr. Najera:
This is in response to your letter dated April 3, 1997, to the Federal Emergency Management Agency (FEMA). With that letter, you forwarded a second appeal of damage survey report (DSR) 93314 under FEMA-1044-DR-CA on behalf of the City of San Buenaventura, requesting FEMA to pay the costs associated with the repair of the Weldon Channel Drainage Ditch.
On July 5, 1995, FEMA prepared DSR 93314 for $6,912 to repair damages to the ditch. Upon review of the DSR, FEMA determined the damages to be pre-existing, and reduced the DSR to $0. The State submitted the subgrantee's first appeal on June 5, 1996, which contained documentation showing actual cost of repairs to be $259,028. The subgrantee estimated that 75% of the damage to the ditch was storm related and 25% due to a lack of maintenance prior to the disaster. The subgrantee correspondingly adjusted the funding request to $194,308. The Regional Director denied the first appeal because a review of the available documentation and photographs indicated that the damages appeared to be a result of age and a lack of maintenance, pursuant to Title 44 of the Code of Federal Regulations, section 206.223 (a)(1).
The issue in this appeal is whether or not the damage to the ditch was caused by the disaster. In the December 4, 1996, response to the first appeal, the Regional Director explained that it was evident by the nature of the vegetation growing in the ditch bottom that maintenance had been neglected. Furthermore, the pre-existing fracturing and loss of the ditch lining caused long-term water intrusion into the subgrade, destroying the integrity of the underlying support material. The subgrantee provided no new information with its second appeal to support its contention that the damage was exclusively the result of the storm. We have reviewed the documentation submitted with the second appeal and have determined that the Regional Director's decision is consistent with program regulations and statute. Therefore, I am denying the second appeal.
Please inform the subgrantee of my determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
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