PA ID# 111-ul4gf-00; Los Angeles County
PW ID# 1171; Private Drain 704 Whites Canyon Channel and CDR 523.071 C&D
Summary: As a result of heavy rainfall during the January 2005 Winter Storms, Los Angeles County (Applicant) requested funding for debris removal from Private Drain (PD) 704 Whites Canyon Channel and CDR 523.071 C&D in Los Angeles County. The United States Army Corps of Engineers (USACE) determined the facilities met the definition of a flood control work (FCW). FEMA obligated Project Worksheet (PW) 1171 for zero dollars ($0).
The Applicant submitted its first appeal on October 18, 2005, stating that the facility was not active in USACEs Rehabilitation and Inspection Program (RIP) and was not under the specific authority of USACE. The Applicant has sole responsibility for maintenance and the FEMA Public Assistance program should reimburse the Applicant for the debris removal as permanent work in accordance with 44 CFR §206.226, Restoration of Damaged Facilities.
The Applicant submitted the second appeal on April 9, 2007. The package included two letters from the USACE dated March 27, 2007, and April 2, 2007. Those letters state the facilities were local drainage and are not FCWs. Since the facilities are not FCWs, the scope of work is eligible. The second appeal is granted.
Issues: 1) Are the PD 704 Whites Canyon Channel and CDR 523.071 C&D facilities eligible for federal disaster assistance as a result of the disaster?
Findings: 1) Yes. The USACE stated the facilities are local drainage and not FCWs.
Rationale: 44 CFR §206.226; FEMA Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works