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Second Appeal Letter
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheet 1356; Medea Creek Channel
October 20, 2008
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second AppealVentura County Watershed Protection District, PA ID 111-UL4GF-00Medea Creek Channel
, FEMA-1577-DR-CA, Project Worksheet (PW) 1356
Dear Mr. McCarton:
This letter is in response to the letter from your office dated May 10, 2007, which transmitted the referenced second appeal on behalf of Ventura County Watershed Protection District (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) designation of the facility as a Flood Control Work (FCW); claiming that the work completed is category B (emergency work) rather than category D (permanent repair), and claiming that the repairs should be eligible for Public Assistance funding.
As explained in the enclosed analysis, the Applicant provided limited documentation to support its assertions that the facility does not meet the U.S. Army Corps of Engineers (USACE) definition of an FCW, that the repair to the channel is eligible for reimbursement by the Public Assistance Program, and that channel conditions presented an immediate threat to life, public safety and health, or improved property. FEMA agrees with the USACE determination that the facility is an FCW and asserts that the repairs to the channel are permanent work and under the authority of another Federal agency. Accordingly, I am denying this appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX