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Second Appeal Brief
PA ID# 065-22874-00; Riverside County Flood Control and Water Conservation District
PW ID# Project Worksheets 1729 and 1731; Day Creek Channel
FEMA-1577-DR-CA, Riverside County Flood Control and Water Conservation District, PW 1729 and 1731
Emergency Work, Flood Control Works
Heavy rains from December 27, 2004, through January 11, 2005, flooded the Day Creek Channel. The Riverside County Flood Control and Water Conservation District (Applicant) placed riprap in the earthen channel to prevent erosion of the embankments. FEMA denied the Applicant’s request for reimbursement because the facility meets the U.S. Army Corps of Engineers’ (USACE) definition of a flood control work (FCW) and the Applicant did not document the scope of work.
The Applicant submitted its first appeal on September 27, 2005. The Applicant claimed that the facility is not an FCW. On April 18, 2007, the Deputy Regional Director denied the appeal because the facility is an FCW and FEMA previously provided funding for emergency repairs to the channel in FEMA-1203-DR-CA.
The Applicant submitted its second appeal on June 14, 2007. The Applicant included a letter from USACE which states that the earthen channel is not an FCW. However, FEMA subsequently confirmed with USACE that the channel is an FCW.
Is the earthen channel of Day Creek Channel a flood control work?
Title 44 CFR §206.225 and Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works