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Second Appeal Brief
PA ID# 057-99057-00; Skagit County
PW ID# 165; Bryson Revetment
Citation: FEMA 1499-DR-WA; Skagit County, Washington; PW 165; Bryson Revetment
Cross-reference: Facility Eligibility, Flood Control Works, Other Federal Agencies
Summary: Between October 15 and 23, 2003, Skagit County experienced flooding, which caused damage to Bryson Revetment, along the Sauk River. The flood washed out approximately 300 feet of the revetment, washed away up to 100 feet of land behind the damaged revetment, and caused a change in course of the Sauk River in a westerly direction. FEMA determined that the NRCS was responsible for the repairs and found the work ineligible. Skagit County appealed the decision, stating that the repairs were necessary to protect public health and safety and that the NRCS did not have the funds to pay for the repairs. The State of Washington conducted a site visit and determined that the damage did not appear to cause a threat to public health or safety. It was also determined that that repairs would not be feasible, as the migration of the river has made repairs impossible from an engineering standpoint. The FEMA Regional Director denied the appeal, stating that it could not provide funds even if the responsible agency did not have the funds. The Applicant submitted a second appeal, reiterating that the NRCS does not have the funds to repair the revetment and that the repairs are necessary to protect public health and safety.
Issues: (1) Are the repairs of the revetment necessary to reduce or eliminate a threat to public health and safety?
(2) Is the NRCS responsible for the repairs to the revetment?
Findings: (1) No. Based on a report by the Grantee following a site visit, there is no threat to lives, public health and safety, or improved property from a 5-year event.
(2) Yes. The NRCS found repairs to the revetment eligible under the Emergency Watershed Protection. Therefore, permanent repairs to the facility are not eligible in accordance with 44 CFR § 206.226(a).
Rationale: 44 CFR § 206.225(a) and § 206.226(a).