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Second Appeal Summary
PA ID# 053-91039; Monterey Peninsula Water Management District
DSR ID# 73405; Debris Removal
B>Citation: Appeal Brief; Second Appeal; Monterey Peninsula Water Management District; FEMA-1046-DR-CA; PA# 053-91039
Cross-Reference: DSR 73405; Debris Removal
Summary: Following the winter storms of 1995, FEMA prepared DSR 73405 for $23,533 to fund 14.5 miles of debris removal from the Carmel River. Upon review, FEMA reduced the DSR to $0 (as category `A' work), because the debris removal was not necessary to eliminate an immediate threat. On February 26, 1996, the State submitted the first appeal to reinstate the funding associated with DSR 73405. The basis of the first appeal was that the debris restricted the channel capacity and posed a significant threat of additional flooding and erosion, and a hazard to the public. In response to the first appeal, the Regional Director determined that the subgrantee did not submit sufficient documentation to support its assertion that the debris deposited by the disaster created an immediate threat from the 5-year flood event. The Regional Director denied the first appeal based on 44 CFR 206.224 and 206.221 (c). The State submitted the second appeal on April 18, 1997, providing maps, historical flow frequency data, and cross sections, to demonstrate that the 5-year flood event would exceed the banks of the river, and pose a threat to the public.
Issue: Was removal of the debris pile from the Carmel River necessary to eliminate an immediate threat of significant damage from a 5-year flood event?
Findings: No. The documentation provided contains inconsistencies in the hydrological and hydraulic evaluation, including the 5-year flow rate, cross sections, and water surface elevations. The documentation does not sufficiently demonstrate that the debris posed an immediate threat from the 5-year flood event.
Rationale: To be considered an eligible expense, debris removal must eliminate an immediate threat to either life, public health and safety, or an immediate threat of significant damage to improved property from a 5-year flood event, pursuant to 44 CFR 206.224 and 206.221 (c).