Summary: In September of 1995 the Kizhuyak River flooded and eroded a portion of the channel bank on which the Terror Lake Hydroelectric Facility (Facility) is located. The magnitude of erosion that occurred in this storm, estimated to be a 15- to 20-year flood event, alerted the operators to the vulnerability of the 12-year old plant to undermining from erosion. The channel bank is still 400 feet from the nearest structure. The damage survey report (DSR) 48714 dated October 21, 1995, estimated the cost at $440,000 for a permanent structure that would protect the channel bank from erosion. To do this, the applicant proposes to construct spur dikes extending into the river. These dikes are designed to redirect the river back to its original course away from the facility, and to divert floods of up to the 100-year event. The project does not meet FEMA's funding guidelines under Section 403 of the Stafford Act, and is not eligible as an emergency protective measure. DSR 48714 was suspended while an engineering study by Dewberry and Davis was performed. DSR 48714 was unsuspended and determined ineligible on July 26, 1996. On April 9, 1997, the Regional Director denied the appeal because the proposed project is not eligible for Federal funding under the 406 Public Assistance program. The State argues in the second appeal letter of May 30, 1997, that the decision and the recommendation from the Dewberry and Davis engineering study were based on an incorrect interpretation of the immediate threat from a five-year event.
Issues: Does the daily erosion of the temporary dike qualify as an "immediate threat" to the Terror Lake Hydroelectric Facility?
Findings: No, the proposed erosion control project is not eligible under PL 93-288 since the erosion is a progressive event and not an "immediate threat" as defined in 44 CFR 206.221(c).