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Second Appeal Letter
PA ID# 065-22874-00; Riverside County Flood Control and Water Conservation District
DSR ID# Project Worksheet 2524; Flood Control Work
February 19, 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 Riverside County Flood Control and Water Conservation District,
PA ID 065-22874-00, Flood Control Work,
Project Worksheet (PW) 2524
Dear Mr. Jacks:
This letter is in response to your letter dated August 21, 2007, transmitting the second appeal of Riverside County Flood Control and Water Conservation District, (Applicant) dated
June 20, 2007. The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for repair of the San Sevaine Channel.
The storms and heavy rains of December 27, 2004, through January 11, 2005, caused flooding and erosion of concrete along the channel bottom in the San Sevaine Channel from the San Bernardino County Line to the Santa Ana River. The Applicant requested $4,321.62 to repair the damage. In accordance with Response and Recovery (R&R) Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works,
FEMA denied the request for assistance because the channel meets the U.S. Army Corps of Engineers (USACE) definitional criteria of a Flood Control Work (FCW).
The Applicant submitted its first appeal on November 2, 2005. 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 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 R&R Policy 9524.3, disaster assistance authority for permanent work on FCWs resides with another federal agency. The Applicant submitted a second appeal on June 20, 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 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