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Second Appeal Brief
PA ID# 053-46584-00; City of Marble Falls
PW ID# 3840 & 3860; Creek Bank Stabilization
Citation: FEMA-1709-DR-TX, City of Marble Falls, Creek Bank Stabilization, Project Worksheets (PW) 3840 and 3860
Reference: Emergency Protective Measures; Facility Eligibility
Summary: During the incident period of the declared event, Backbone Creek flooded and eroded a 900-foot-long section of the creek bank, creating an immediate threat of damage to three private residences. The flooding also damaged park infrastructure in two parks adjacent to Backbone Creek. FEMA approved PW 3860 for $132,500 to armor a 300-foot-long section of the creek bank with gabion baskets to protect the three private residences. FEMA also approved PW 3840 for $232,074 to restore the damaged park infrastructure and the sections of eroded creek bank considered as improved park property. The Applicant submitted a first appeal requesting funding for additional embankment protection along the section of Backbone Creek known as Kamper’s Korner. The Applicant stated that utility installations in Kamper’s Korner are threatened by the erosion of the creek bank and that the entire 900-foot-long embankment requires stabilization to protect improved property in the area. FEMA denied the first appeal, stating that the area identified for stabilization is a natural unimproved stream bank and not eligible for funding for permanent repair, and the Applicant did not submit information to support its claim of an immediate threat to improved property. The Applicant submitted a second appeal, requesting approval of additional funding to expand the length of bank protection. The Applicant states that Kamper’s Korner is a maintained natural feature that has been constructed with installed amenities and utilities.
Issues: 1. Does an immediate threat to improved property exist at Kamper’s Korner?
2. Is there disaster related damage to improved property at Kamper’s Korner?
Findings: 1. No.
2. No. The concrete pads and utilities were not damaged.
Rationale: Title 44 of the Code of Federal Regulations (CFR) §§206.225(a)(1), Emergency Work and 206.221(d), Improved Property