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Second Appeal Brief
PA ID# 037-48648-00; City of Monrovia
PW ID# 1409; Road Repair
Citation: FEMA-1577-DR-LA, City of Monrovia, Road Repair, Project Worksheet (PW) 1409-2
Reference: Environmental Compliance; Improved Project
Summary: FEMA prepared PW 1409 to repair a dirt service road leading to the Upper Cloverleaf Reservoir. The Applicant requested an improved project to pave the dirt service road with 3-inch asphalt concrete pavement. In addition to paving the dirt road as requested, the Applicant relocated the alignment of the road in some areas and conducted minor leveling of vegetation and ground up to ten feet on either side of the newly paved road. After a site visit on November 20, 2006, FEMA de-obligated $50,830 because the Applicant completed the improved project prior to FEMA completing its environmental review, which precluded FEMA’s ability to comply with the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), or the National Historic Preservation Act (NHPA). The Applicant submitted its first appeal on April 16, 2008. The Applicant provided before and after photographs of the site and a report, prepared by LSA and Associates, of the biological conditions surrounding the access road in support of its compliance with environmental requirements. The Deputy Regional Administrator denied the Applicant’s appeal on October 14, 2008, because the Applicant paved 60 percent of the dirt road with 3-inch thick asphalt concrete and re-aligned the road prior to FEMA conducting its environmental and historic reviews. As such, FEMA was not able to comply with the requirements of NEPA, ESA and NHPA.
In its second appeal, dated February 5, 2009, the Applicant contends that it expedited the Upper Cloverleaf Reservoir access road project to prevent or reduce an immediate threat to its citizen’s lives, health and properties. The Applicant also asserted that it acted to reduce the likelihood of damages in the following rainy season, which would result in severe economic losses. As a condition of Federal funding, environmental requirements must be met prior to performing work. Therefore, all work related to the repair of the service road leading to the Upper Cloverleaf Reservoir is not eligible.
Issue: Was an environmental and historic review required prior to beginning repair work?
Rationale: 44 CFR Part 10; Response and Recovery Policy 9560.1, Environmental Policy Memoranda, dated August 17, 1999