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Second Appeal Brief
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheet 2373; Ventura River at Santa Anna Boulevard
FEMA-1577-DR-CA, Ventura County Watershed Protection District, PW 2373 Cross-reference:
Flood Control Works (FCW)Summary:
Following the January 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding for permanent repairs to the Ventura River riprap embankment, levee access road, and retaining wall at Santa Anna Boulevard. FEMA and the United States Army Corps of Engineers (USACE) determined that the facility met the definition of a flood control work (FCW). FEMA further determined the completed work restored the facility to pre-disaster function and capacity. The repairs were permanent work and ineligible for Public Assistance funding.
The Applicant submitted its first appeal on December 15, 2005, stating that the costs were eligible because the facility was not active in the USACE Rehabilitation and Inspection Program (RIP) and, as such, was 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. On December 8, 2006, FEMA denied the Applicants first appeal stating the facility met the USACE definition of an FCW. In accordance with Policy 9524.3, Policy for Rehabilitation for Levees and Other Flood Control Works,
authority for permanent repairs to FCWs resides with another Federal agency.
On March 8, 2007, the Applicant submitted its second appeal to FEMA reiterating the position presented in its first appeal. In addition the Applicant raised a new argument requesting a change in the category of work from Category D (permanent work) to Category B (emergency protective measures). The documentation the Applicant provided did not support its request. Issue(s):
1. Does the facility meet the USACE definitional criteria of an FCW?
2. Are permanent repair of FCWs eligible under the FEMA Public Assistance Program?
3. Did the Applicant establish the existence of an immediate threat that would warrant emergency protective measures?Finding(s):
Robert T. Stafford Disaster Relief and Emergency Assistance 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 for Levees and Other Flood Control Works