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Second Appeal Brief
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheets 1845 and 2783; Las Llajas Canyon Chanel at Alamo Street and Arroyo Simi Channel at Tapo Canon Channel
FEMA-1577-DR-CA, Ventura County Watershed Protection District, PWs 1845 and 2783Cross-reference:
Flood Control Works (FCW)Summary:
As a result of the January 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding for permanent repairs to Las Llajas Canyon and Arroyo Simi Channels. FEMA and the United States Army Corps of Engineers (USACE) determined that the facilities met the definition of an FCW and FEMA further determined the completed work restored the facilities to pre-disaster function and capacity. FEMA did not provide any funding for PWs 1845 and 2783 because they were for permanent work.
The Applicant submitted its first appeal for Las Llajas Canyon Channel on December 5, 2005, and for Arroyo Simi Channel on November 5, 2005, stating that the costs were eligible as the facilities were not active in the USACE Rehabilitation and Inspection Program (RIP), and were not under the specific authority of the USACE. The Applicant stated that because it had sole responsibility for maintenance, the permanent repairs should be eligible for reimbursement under the FEMA Public Assistance Program. FEMA denied the Applicants first appeals stating the facilities met the USACE definition of an FCW on December 8, 2006. In accordance with Response and Recovery Policy 9524.3, Policy for Rehabilitation for Levees and Other Flood Control Works,
authority for FCWs resides with another Federal agency.
On March 8, 2007, the Applicant submitted its second appeals to FEMA reiterating the arguments presented in its first appeals, and requesting a change in the category of work from Category D to Category B. The Applicant asserted that repairs were necessary as an emergency protective measure to protect adjacent residential properties from erosion. The appeals did not contain documentation that demonstrated the repairs were necessary to reduce an immediate threat to life, public health and safety, or improved property. Issue(s):
1. Does the facility meet the USACE definition for an FCW?
2. Are permanent repair of an FCW eligible under the FEMA Public Assistance
2. No. Rationale:
Robert T. Stafford Disaster Relief and Emergency Act, Section 403 (a)(3);
44 CFR §§206.221(c), 206.225(a)(3), and 206.226; FEMA Policy 9524.3, Policy for Rehabilitation for Levees and Other Flood Control Works