July 7, 2009

Frank McCarton
Governor’s Authorized Representative
California Emergency Management Agency
Response and Recovery Division
3650 Schriever Avenue
Mather, California 95655

Re: Second Appeal–Ventura County, PA ID 111-99111-00, Improved Project,
FEMA-1577-DR-CA, Project Worksheet (PW) 3139

Dear Mr. McCarton:

This letter is in response to your letter dated February 11, 2008, which transmitted the referenced second appeal on behalf of Ventura County (Applicant). The Applicant appealed the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) decision to deny funding to repair erosion along creek embankments in Steckel Park.

As explained in the enclosed analysis, I have determined that the placement of fill to restore erosion along the creek embankments is not eligible. The Applicant has not demonstrated that damage occurred to improved and maintained natural features. In addition, the construction of rock groins is not eligible because this work does not restore or mitigate damage to an eligible facility. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter as set forth in 44 CFR§206.206, Appeals.

Sincerely,
/s/
Elizabeth A. Zimmerman
Assistant Administrator
Disaster Assistance Directorate

Enclosure

cc: Nancy Ward
Regional Administrator
FEMA Region IX