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Second Appeal Letter
PA ID# 077-UB01P-00; Reclamation District Number 2033
PW ID# Project Worksheets 693, 714, and 1080; Brack Tract
July 18, 2008
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal–Reclamation District Number 2033, PA ID 077-UB01P-00, Brack Tract, FEMA-1628-DR-CA, Project Worksheets (PW) 693, 714, and 1080
Dear Mr. McCarton:
This letter is in response to the referenced second appeal submitted by Reclamation District Number 2033 (Applicant) on June 12, 2007. The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for emergency repairs to its Brack Tract levee.
Heavy rains from December 17, 2005, through January 3, 2006, resulted in flooding and erosion within the Sacramento-San Joaquin Delta area. In response, FEMA prepared three PWs for damages incurred by the Applicant. FEMA prepared PWs 693 ($79,785) and 1080 ($14,571) for emergency protective measures taken to protect the Brack Tract levee, and PW 714 ($62,175) was prepared to fund repairs to the levee road. However, the Applicant was unable to establish that it had complied with California’s Flood Hazard Mitigation Plan (HMP), dated
September 15, 1983, and the subsequent 1987 Amendment Number 5 to the FEMA/State agreement for FEMA-758-DR-CA. The HMP requires levees to have one foot of freeboard above the 100-year flood elevation established by the U.S. Army Corps of Engineers. FEMA determined that 445 feet of the levee system were below the base flood elevation. Therefore, PWs 693, 714, and 1080 were not obligated.
On October 27, 2006, the Applicant appealed FEMA’s determination on PWs 693 and 1080. The Applicant provided documentation from its July 2005 survey of the levee system, conducted following the completion of its June 2005 maintenance project. The Applicant demonstrated that nine sites (equaling 351 feet or 0.6 percent of 10.8 miles) of the levee are below the base flood elevation. The Deputy Regional Director denied the appeal on February 27, 2007.
The Applicant submitted a second appeal on June 12, 2007, reiterating the position in its first appeal. The Applicant also requested that FEMA approve PW 714. However, the Applicant did not submit any new or additional information to support its claims.
We have reviewed all information submitted and have determined that the Deputy Regional Director’s decision in the first appeal is consistent with Public Assistance Program regulations and policies. The Brack Tract levee was not in compliance with the California HMP. Therefore, I am denying the Applicant’s appeal of PWs 693 and 1080.
Additionally, the Applicant failed to include PW 714 in its first appeal. Pursuant to CFR 44 §206.206, applicants must file their written appeal within 60 days from the date that we notify them of the denial of assistance. Therefore, I am denying the Applicant’s appeal of PW 714.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX