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Second Appeal Summary
PA ID# 067-64000; Sacramento Department of Utilities
DSR ID# 07930; Arcade Creek Bank and Channel Repairs
Citation: FEMA-1044-DR-CA; Sacramento Department of Utilities; DSR 07930
Cross-Reference: Flood Control Work, FCW, USACE Levee Program, USACE, NRCS, Other Federal Agencies, OFA
Summary: The floods of January 1995 caused damage to Arcade creek consisting of bank erosion, washouts and debris deposition. On February 2, 1995, DSR 07930 was prepared in the amount of $366,036.65 for grading, debris removal, and restoration of the channel banks with riprap, gravel, geotextile, topsoil, and hydroseeding. All work had been completed as of March 1996. DSR 07930 was denied by FEMA Region IX on February 25, 1995 because the facility was deemed a flood control work (FCW) and eligible to enter the USACE Levee Program, making it ineligible for FEMA funding. The first appeal was denied by the Regional Director, because in accordance with 44 CFR 206.226(a) FEMA does not provide disaster assistance for the permanent restoration of a damaged facility that is within the specific authority of another federal agency. The Region substantiated the status of this reach of Arcade Creek as an FCW because the USACE's March 24, 1995, letter to the City, states that Arcade Creek, upstream of Marysville Boulevard, is an FCW. In the second appeal the City is asserting that FEMA is in error, and that the location described in DSR 07930 is not an FCW. The City states that the reach of Arcade Creek described in DSR 07930 is a natural channel and should be eligible. The City is further asserting that the "natural channel" upstream of Marysville Boulevard does not meet any of the other Federal agencies' criteria for disaster damage assistance, and should thus be eligible for FEMA funding.
Issues: Is the reach of Arcade Creek between Del Paso Boulevard and Marysville Boulevard, covered in DSR 07930, an FCW?
Findings: Yes. Considering the USACE definition of an FCW, and taking into account the USACE inspection of this portion of Arcade Creek in 1994 (prior to the flooding), and their subsequent correspondence and recommendations, it is a flood control work under FEMA policy and is thus ineligible for funding.
Rationale: In accordance with FEMA policy as well as 44 CFR, FEMA does not provide disaster assistance for FCW's because they are the authority of the USACE or the NRCS. This channel has been definitively classified as an FCW and is, therefore, not eligible for permanent restoration under the FEMA Public Assistance Program.