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Second Appeal Summary
PA ID# 103-91003; Tehama County Flood Control & Water Conservation District
DSR ID# 18952 ; McCoy Road Levee along Blue Tent Creek
Citation: FEMA DR-1046-CA; Tehama County Flood Control & Water Conservation District (the District); DSR 18952
Cross-Reference: Federal levee policy, flood control work (FCW), and water control structure.
Summary: In the spring of 1995, flooding in Tehama County, California, damaged at four locations an earthen structure or "levee," located between McCoy Road and Blue Tent Creek. Repairs to the levee consisted of placing compacted fill and grading the slopes to restore its original cross section. The damage survey report (DSR) data sheet, with an inspection date of May 4, 1995, requested $14,417. On September 8, 1995, DSR 18952 was approved for $0. The work was declared ineligible by FEMA because the levee site had been identified to be within the authority of the U.S. Army Corps of Engineers (USACE). The first appeal was denied because, under current Federal interagency policy, permanent restoration of a facility that fits the USACE definition of a flood control work, even though not constructed with federal involvement, is not eligible for FEMA restoration funding. In their second appeal, the applicant somewhat argues the case that the structure is actually a "channel realignment" facility.
- Is the levee a flood control work?
- Is the levee a channel alignment facility?
- No. McCoy Road is the only improved property that the levee could conceivably protect from flooding, and it does not serve to do this. In fact, it may only cause flood-related damages to be more extensive.
- Yes. The applicant makes the case that the levee is a "channel realignment" facility.
- Response and Recovery Directorate Policy No. 4511.300 PO, EX-Policy for Rehabilitation assistance for Levees and Other Flood Control Works (the Levee Policy) dated September 11, 1996.
- The Levee Policy.