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Second Appeal Letter
PA ID# 111-UIVZ6-00; Green Bay Levee and Drainage District
PW ID# 10247; Berm Repair
August 11, 2011
J. Derek Hill
Iowa Homeland Security and Emergency Management Division
7105 NW 70th Avenue
Camp Dodge, Bldg W-4
Johnson, Iowa 50131-1824
RE: Second Appeal–Green Bay Levee and Drainage District, PA ID 111-UIVZ6-00, Berm Repair, FEMA-1763-DR-IA, Project Worksheet (PW) 10247
Dear Mr. Hill:
This is in response to a letter from your office dated February 22, 2011, which transmitted the referenced second appeal on behalf of the Green Bay Levee and Drainage District (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny the funding to repair damages to a berm and section of the riverbank along the Skunk River. The Applicant seeks reimbursement in the amount of $2,435,998 for berm repair and the cost to install geo-tech cloth and rip rap as hazard mitigation (HM) measure.
Heavy rains and flooding from May 25 through August 13, 2008, washed out a section of the river bank and berm adjacent to a primary levee. According to the Applicant, the berm was installed on the riverside of the primary levee in an effort to reduce flooding damage. FEMA prepared PW10247 for berm repair and a HM proposal for the installation of rip rap and geo-tech cloth on the shore line to prevent future erosion in the amounts of $2,383,480 and $52,518 respectively. On August 24, 2009, the PW was deemed ineligible because the permanent repair of flood control works falls under the authority of another federal agency, and therefore is ineligible for FEMA assistance.
In a letter dated April 28, 2010, the Applicant submitted a first appeal arguing that the facility in question was a deflection dike built to mitigate damage to the primary levee not a flood control work, and as such, does not fall under the authority of any other federal agency. In a letter dated June 24, 2010, the Iowa Homeland Security and Emergency Management Division (State) stated that it supported the appeal because the facility in question was not considered a flood control work by the United States Corp of Engineers (USACE) or the Natural Resources Conservation Service.
On November 28, 2010, the Regional Administrator denied the first appeal stating that the Applicant did not demonstrate that the berm was an engineered, designed and regularly maintained facility. In addition, the Applicant was not able to document the pre-disaster condition of the berm or identify specific disaster-related damage that was incurred.
The Applicant submitted a second appeal in a letter dated January 12, 2011, which was forwarded by the State to FEMA on February 22, 2011. In its second appeal, the Applicant argued that it monitored soil erosion using measurements taken every two years from three stakes that it placed within a tree line to a point past the deflection dike where the soil is stable. The State does not support the Applicant’s second appeal stating the information provided by the Applicant does not document the regular maintenance of the facility to repair natural erosion.
The measurements provided by the Applicant show the effects of natural erosion. The Applicant did not provide any records to demonstrate regular maintenance to repair the naturally occurring erosion of the soil. Due to the lack of maintenance records, FEMA is unable to compare the pre-disaster condition to the claimed damage. In order to be eligible for funding under the Public Assistance Program, damage must be a direct result of the disaster. The Applicant has not provided sufficient documentation to show that the damage to the facility was caused by the disaster.
I have reviewed the information submitted with the appeal and have determined that the decision is consistent with Public Assistance Program regulations and policies. Therefore, I am denying the Applicant’s second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
cc: Beth Freeman
FEMA Region VII