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Second Appeal Summary
PA ID# 105-91021; Trinity County DOT
DSR ID# 99007; Ruth Airport Levee
Citation: FEMA-1044-DR-CA; Trinity County DOT; DSR 99007
Cross-Reference: Flood control works, permanent restoration, other federal agencies
Summary: The Trinity County Department of Transportation is requesting funding for permanent repair of the Ruth Airport Levee which suffered damage during the early 1995 winter storms. Flooding of the Mad River reportedly resulted in erosion of a one-third mile section of the levee. The function of the levee is to protect the airport facilities from flood waters of the Mad River. FEMA's review of the structure has concluded that the levee meets the USACE's definition of a flood control work. In accordance with the FEMA Levee Policy, this levee is found to be under the specific authority of other federal agencies, and ineligible for FEMA permanent restoration funding. As a first appeal, the applicant had provided documentation which indicates that the levee is not in active status of the USACE rehabilitation program, but did not demonstrate that the levee is not a flood control work. The first appeal was denied. No further documentation has been provided with the second appeal which would demonstrate that the levee is not a flood control work.
Issues: Does the levee meet the definition of a flood control work?
Findings: Review of the project by the levee task force assigned to review water control facilities during the 1044 disaster, and an independent review by FEMA in response to this appeal, have concluded that the levee does meet the definition of a flood control work. The applicant has provided no documentation to support that the levee is not a flood control work. Rather, the second appeal letter states that the levee protects the Airport infrastructure against flood waters. Therefore, there is no basis for FEMA to overturn the determination of ineligibility.
Rationale: FEMA may not provide disaster assistance funding for permanent restoration of a damaged facility that is within the specific authority of another Federal agency. Under the current FEMA Levee Policy, permanent restoration of facilities that fit the USACE definition of a "flood control work" is work that is considered to be within the specific authority of either USACE or the NRCS. Accordingly, no FEMA funding is available for permanent restoration of flood control works. 44 CFR