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Second Appeal Letter
PA ID# 065-07A18-00; Banning Heights Mutual Water Company
PW ID# Project Worksheet 2823; Flood Control Work
February 19, 2008
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second AppealBanning Heights Mutual Water Company, PA ID 065-07A18-00,Flood Control Work
, FEMA-1577-DR-CA, Project Worksheet (PW) 2823
Dear Mr. Jacks:
This letter is in response to the referenced second appeal submitted by the Banning Heights Mutual Water Company (Applicant), dated July 12, 2007. The Applicant is appealing the Federal Emergency Management Agencys (FEMA) denial of funding for the repair of a
million-gallon tank gabion berm.
The storms and heavy rains of December 27, 2004 through January 11, 2005, caused flooding and erosion along a 300-foot section of the 800-foot long by 15-feet high gabion berm installed to protect the tank, foundation, and adjacent building and equipment of the applicants million-gallon water storage tank. The Applicant requested $63,619.70 for permanent repairs to the berm. FEMA denied the funding because the facility meets the U.S. Army Corps of Engineers (USACE) definitional criteria of a Flood Control Work (FCW).
The Applicant submitted its first appeal on January 9, 2006. The Applicant claimed that the costs were eligible because the facility was not active in the USACE Rehabilitation and Inspection Program (RIP), and was not under the specific authority of the USACE. Furthermore, the Applicant stated that the purpose of the facility is erosion, not flood control, and it should not be considered an FCW. The Applicant stated that because it has sole responsibility for maintenance, the repairs should be eligible for permanent work reimbursement under the Public Assistance Program.
The Deputy Regional Director denied the appeal on April 18, 2007, because the facility met the definition of an FCW. In accordance with FEMA Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works,
disaster assistance authority for permanent work to an FCW resides with another Federal agency. The Applicant submitted a second appeal July 12, 2007, reiterating its position that the facility is not an FCW.
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 Public Assistance Program regulations and policies. Therefore, the 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