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Second Appeal Letter
PA ID# 037-99037-00; Los Angeles County
PW ID# Project Worksheet 1174; Newhall Creek Channel
January 22, 2008
Mr. Paul Jacks
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal-Los Angeles County, PA ID 037-99037-00Newhall Creek Channel
, FEMA-1577-DR-CA, Project Worksheet 1174
Dear Mr. Jacks:
This letter is in response to your letter dated June 15, 2007, which transmitted the referenced second appeal on behalf of Los Angeles County (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for debris removal from Newhall Creek Channel.
The storms and heavy rains of December 27, 2004, through January 11, 2005, caused excessive storm water runoff and debris flows into Newhall Creek Channel. The impacted area of the channel measured 3,000 feet long by 35 feet wide and 10 feet high and received approximately 4,500 cubic yards (CY) of debris, averaging 1.2 feet deep. The Applicant requested $92,430 from FEMA to remove debris and sediment from Newhall Creek Channel. FEMA denied the request because the facility met the United States Army Corps of Engineers (USACE) definition of flood control work (FCW) and the debris did not pose an immediate threat to life, public health and safety, or improved property.
The Applicant submitted its first appeal on October 19, 2005. The Applicant stated that although the facility is active in the USACE Rehabilitation and Inspection Program (RIP), the amount of accumulated debris in the channel did not meet the eligibility threshold for USACE assistance. Therefore, the Applicant is responsible for maintenance of the facility. The Applicant stated that because it had sole responsibility, debris removal should be eligible for permanent work reimbursement under the FEMA Public Assistance Program.
The Deputy Regional Director denied the appeal on January 30, 2007, because the facility met the definition of an FCW. In accordance with FEMA Response and Recovery (R&R) Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works
, disaster assistance authority for FCWs resides with another Federal agency, and Public
Assistance reimbursement for FCWs is limited to emergency work necessary to reduce an immediate threat to life, public health and safety, or improved property. The Applicant submitted a second appeal on April 19, 2007.
We have reviewed all information submitted with the appeal and have determined that the Deputy Regional Directors decision in the first appeal is consistent with the Public Assistance Program regulations and policies. Therefore, the Applicants second appeal is denied.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX