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Second Appeal Summary
PA ID# 055-50258; City of Napa
DSR ID# 21700; City of Napa
Citation: FEMA-1046-DR-CA; City of Napa; DSR 21700
Reference: Facility, Emergency work
Summary: As a result of the March 1995 winter storms, approximately 530 feet of embankment along the Napa River and Napa Creek were eroded in the vicinity of China Point Park. The DSR was prepared to fund the restoration of the embankment based on the subgrantee's standard for creek and river bank repair, for a total of $416,834. The work was determined to be ineligible because the embankment is part of a natural channel, meaning that the embankment is not an improved or maintained natural feature. To obtain funding for the restoration of the embankment, the subgrantee has submitted a second appeal. The incoming correspondence states that eligibility should be based on either the fact that the city has adopted and implemented standard for the repair of creek and river banks, or if the embankment is not considered a facility, the work should be eligible as emergency work.
Issues: 1) Does the embankment meet the definition of a facility? 2) Is the subgrantee's standard applicable to the restoration work? 3) Is the work considered to be emergency work to eliminate an immediate threat?
Findings: 1) No. The natural channel embankment is not improved or maintained, accordingly it is a natural feature. 2) No. There is no facility involved, the codes and standard regulation does not apply. 3) No. In order for emergency work to be eligible, an immediate threat must be present and the work must be to eliminate or lessen that threat.
Rationale: For a natural feature to be considered a facility it must be improved and maintained. There is no evidence that the embankment has ever been improved or maintained. Further, the subgrantee states that rock protection was not present at the time of the disaster. Based on the above statement, there is no facility involved to require a standard be used to restore the embankment with Federal disaster funding. Subsequently, no documentation was submitted to demonstrate that an immediate threat was created by the erosion requiring that the work be emergency work. Consequently, the work in DSR 21700 is not eligible for FEMA disaster assistance.