Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheet 2591; Canada Larga Channel
FEMA-1577-DR-CA, Ventura County Watershed Protection District, PW 2591, Canada Larga Channel, Debris RemovalCross-reference:
Flood Control Works; Emergency Work; Debris removal; Immediate ThreatSummary:
As a result of the January 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding to remove debris from the Canada Larga Channel. FEMA and the United States Army Corps of Engineer (USACE) determined that the concrete-lined facility met the definition of a flood control work (FCW) and that the debris did not pose an immediate threat to life, public health and safety, or improved property. Therefore, FEMA obligated Project Worksheet (PW) 2591 for zero dollars ($0).
The Applicant submitted its first appeal on November 4, 2005, stating that the costs were eligible because the facility was not active in the USACEs Rehabilitation and Inspection Program (RIP) and was not under the specific authority of the USACE. This allows FEMA to waive its respective administrative conditions on reimbursement of facilities under the authority of another Federal agency. The Applicant stated that since it had sole responsibility, maintenance and the debris removal should be eligible for reimbursement under the Public Assistance Program. On December 8, 2006, FEMA denied the Applicants first appeal stating the facility met the USACEs definition of an FCW. In accordance with 44 CFR§206.224(a), debris removal is eligible only if there is an immediate threat to life, public health and safety, or improved property.
On March 7, 2007, the Applicant submitted the second appeal to FEMA reiterating its position presented in the first appeal. The Applicant also claimed that additional debris in the channel could cause flooding of ten nearby buildings. No documentation was provided to support this claim.Issues:
Is debris removal that does not pose an immediate threat to life, public health and safety, or improved property, from a facility that meets the USACE definition of an FCW, eligible under the Public Assistance Program?Findings:
Stafford Act, Section 403 (a)(3); 44 CFR §206.221(c); 44 CFR §206.224(a);
44 CFR §206.226; FEMA R&R Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works Second Appeal, Ventura County Watershed Protection District,FEMA-1577-DR-CA