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Second Appeal Brief
PA ID# 037-40830-00; City of LaVerne
PW ID# 2750; Debris Removal
FEMA-1577-DR-CA; City of La Verne; Debris RemovalCross
Debris Removal; Flood Control Works Reference:Summary:
Following heavy rains from December 27, 2004 through January 11, 2005,
the City of La Verne (Applicant) submitted a request for funding for the removal of debris from storm-drain structures throughout the city. FEMA prepared Project Worksheet (PW) 2750 and disallowed the Applicants request for $70,000 to remove debris from Marshall Creek Channel. In its initial assessment, the U.S. Army Corps of Engineers (USACE) determined that the channel meets the USACE definition of a Flood Control Work (FCW). FEMA also concluded that the channel had sufficient capacity to convey a 5-year flood event. Thus, debris removal from the channel was deemed ineligible as emergency work. In a letter dated November 9, 2005, the Applicant appealed FEMAs decision, stating that debris removal was necessary to prevent a possible threat to public health that could be created by stagnant water, which provides a breeding ground for mosquitoes that may carry the West Nile Virus.
On January 30, 2007, FEMA denied the Applicants first appeal, stating that a potential threat is not an imminent threat and reaffirming that Marshall Creek Channel is an FCW. The Applicant filed a second appeal on April 16, 2007, challenging FEMAs designation of the channel as an FCW and has solicited a second opinion from USACEs Los Angeles District.
On October 9, 2007, USACE informed FEMA that Marshall Creek Channel is not an FCW.Issues:
(1) Is the Applicants facility a Flood Control Work?Findings:
44 CFR §206.223