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Second Appeal Summary
PA ID# 079-68154; City of San Luis Obispo
DSR ID# 26180; Stenner Creek Embankment Erosion
Citation: FEMA-1044-DR-CA; City of San Luis Obispo; DSR 26180
Cross-Reference: Facility, codes and standards, and flood control work
Summary: As a result of the March 1995 winter storms, approximately 200 feet of embankment along Stenner Creek was scoured in the vicinity of Dana Street and U.S. Highway 101. DSR 26180 was prepared for $58,080 to fund the restoration of the creek, which included unclassified fill, tree removal, and installation of gabion baskets. The work was determined ineligible because the embankment is part of a natural channel. In the first appeal, the Subgrantee requested permanent restoration funding on the basis that the stream was improved and maintained. The Region reviewed the information and determined that the documentation did not show that Stenner Creek is a facility, pursuant to FEMA's definition. A second appeal has been submitted, accompanied by the "Floodplain Management Policy" to demonstrate that the creek is a facility. Correspondence from the Subgrantee states that eligibility should be based on the fact that the city has adopted and implemented standards for the repair of creek and river banks. The OES concurred with this point, but asserted that if the embankment is not considered a facility, the work should be eligible as emergency work, because an historic building was at risk from further erosion damage.
- Should FEMA fund the restoration of the subject portion of Stenner Creek?
- Should FEMA fund the work as an emergency protective measure?
- No. Stenner Creek is a facility per FEMA definition, as it is improved and maintained, but the channel meets the USACE definition of a flood control work.
- No. The Subgrantee has not provided documentation indicating the existence of a threat from further erosion.
Rationale: The facility meets the USACE definition of a flood control work. Per FEMA policy, flood control works are not eligible for permanent restoration funding. Further, in order for the work to be eligible as an emergency protective measure, an immediate threat must be eliminated or lessened. The Subgrantee has not provided documentation supporting the existence of such a threat, therefore, the work is not eligible for FEMA disaster assistance.