Day Creek Channel

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1577
ApplicantRiverside County Flood Control and Water Conservation District
Appeal TypeSecond
PA ID#065-22874-00
PW ID#Project Worksheets 1729 and 1731
Date Signed2008-05-12T04:00:00

Citation:

FEMA-1577-DR-CA, Riverside County Flood Control and Water Conservation District, PW 1729 and 1731

Cross-reference:

Emergency Work, Flood Control Works

Summary:

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.

Issues:

Is the earthen channel of Day Creek Channel a flood control work?

Findings:

Yes

Rationale:

Title 44 CFR §206.225 and Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works

Appeal Letter

May 13, 2008

Paul Jacks
Governor’s Authorized Representative
Governor’s 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, Day Creek Channel, FEMA-1577-DR-CA, Project Worksheets (PW) 1729 and 1731

Dear Mr. Jacks:

This letter is in response to the referenced second appeal submitted by the Riverside County Flood Control and Water Conservation District (Applicant) on June 14, 2007. The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for emergency repairs to the Day Creek Channel.

Heavy rains from December 27, 2004, through January 11, 2005, flooded the Day Creek Channel from Limonite Avenue downstream to Lucretia Avenue. This stretch of the channel is earthen and approximately 3,200 feet long, 40 feet wide, and 10 feet deep. The Applicant placed riprap along the embankments to prevent erosion and requested reimbursement from FEMA through Project Worksheets (PWs) 1729 and 1731. FEMA denied the request because the facility met the U.S. Army Corps of Engineers’ (USACE) flood control work (FCW) definition. Additionally, the Applicant did not provide supporting documentation for the scope of work completed.
The Applicant submitted its first appeal on September 27, 2005. The Applicant argued that the facility is not an FCW and stated that riprap placement was necessary to prevent damage to nearby homes and streets. 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 following FEMA-1203-DR-CA. Pursuant to Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, FCWs are eligible only once to receive funding for emergency repairs from FEMA.

The Applicant submitted its second appeal on June 14, 2007. The Applicant maintained that the facility is not an FCW and requested $25,573 for reimbursement. To support its claim, the Applicant submitted a letter from USACE, dated June 9, 2005, which states that “only the
concrete lined channel should be considered” an FCW. The Applicant noted that only the earthen channel of the facility sustained damage. However, USACE informed FEMA on
June 15, 2005, that the entire channel is an FCW.
I have reviewed all information submitted and have determined that the Deputy Regional Director’s decision in the first appeal is consistent with PA regulations and policies. Therefore, I am denying the appeal.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX

Last updated