PA ID# 001-91017; Alameda County Flood Control & Water District
DSR ID# Multiple; Flood Control Work Maintenance Road Repair
Citation: FEMA-1203-DR-CA, P.A. #001-91017, Alameda County Flood Control and Water Conservation District, Zone 7, DSRs 07054, 51569, 51570, 51571, 51577, 51582, 74080, and 95741, Maintenance Road Repair
Cross-reference: Flood Control Works Policy, Other Federal Agencies
Summary: Winter storms in 1998 eroded several portions of flood control work (FCW) maintenance roads in the Alameda County Flood Control and Water Conservation District, Zone 7 (District). DSRs 07054, 51569, 51570, 51571, 51577, 51582, 74080, and 95741 were written to remove debris and place aggregate surface course at 16 sites for a total of $211,745. FEMA found these DSRs ineligible because maintenance roads are considered an integral part of an FCW and therefore ineligible for permanent restoration, according to FEMA's FCW policy (Policy 9524.3). The District argued in its first appeal that because roads are not a requirement for eligibility in the U.S. Army Corps of Engineers (USACE) Public Law (PL) 84-99 program, they are not an integral part of an FCW. The District explained that the roads are an essential part of a public recreation facility and do not exist solely to service the flood control facilities. It included an agreement (no. A3-7.409) between the District and the City of Pleasanton, which allows the City to open these roads to the public for recreational purposes. FEMA denied this appeal on November 1, 1999, stating that the roads are under the authority of USACE because the facilities are FCWs and the primary purpose of the roads is flood control, drainage and water conservation. The District claimed in its second appeal that the roads are not under the jurisdiction of USACE and are primarily used for recreation while access for flood control "remains permissible." It also provided a letter from USACE's San Francisco District, which explains its policy for repairing haul roads.
Issues: 1) Are the roads described in these DSRs integral parts of FCWs? 2) Are FCWs eligible for permanent restoration work through FEMA?