Appeal Brief | Appeal Letter | Appeal Analysis | Back
Second Appeal Brief
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheet 2572; Calleguas Creek channel
FEMA-1577-DR-CA, Ventura County Watershed Protection District Cross-reference:
Flood Control Works, Debris Removal Summary:
As a result of heavy rainfall during the January 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding to remove debris from the Calleguas Creek Channel in Ventura County. FEMA and the United States Army Corps of Engineers (USACE) determined the 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. FEMA did not approve funding for PW 2572.
The Applicant submitted the first appeal on November 3, 2005. The Applicant stated that the section of the facility the PW describes was not enrolled in the USACE Rehabilitation and Inspection Program (RIP) at the time of the disaster. The Deputy Regional Director denied the appeal stating that the facility met the USACE definition for an FCW and Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works
, limits disaster assistance authority for FCWs to work necessary to reduce an immediate threat to life, public health and safety, or improved property.
On May 1, 2007, the Applicant filed a second appeal with FEMA providing additional documentation to support its assertion that the facility does not meet the USACE definition of an FCW. FEMA reviewed the documentation provided and determined it does not refute USACEs determination that Calleguas Creek is a natural channel with flood control levees on either side and therefore is an FCW.Issues:
1. Does the Calleguas Creek Channel meet the USACE definition of a FCW?
2. Can FEMA fund debris removal absent documentation of that amount of debris
in the cannel would result in an immediate threat to improved property? Findings:
FEMA determined the facility met the definition of an FCW.
2. No. The Applicant did not provide documentation of the existence of an immediate threat.Rationale:
Stafford Act Section 403(a)(3); 44 CFR §§206.221(c), 206.225(a)(3), and 206.226; FEMA Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works