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Second Appeal Brief
PA ID# 111-99111-00; Ventura County
PW ID# 766; San Buenaventura Mission Aqueduct
FEMA-1585-DR-CA, Ventura County, CA, Project Worksheet 766San Buenaventura Mission AqueductCross-reference:
Facility Eligibility, Inactive Facility, Historic Preservation, Special ConsiderationsSummary:
The San Buenaventura Mission Aqueduct (Aqueduct) was built in the early 1800s, and destroyed by floods in 1862. The primary surviving section, located on Canada Larga Road, became a local, state, and national landmark and was bought by Ventura County (County) in 1982. Winter storms in 2005 damaged this remaining section of the Aqueduct, causing it to break into pieces. Project Worksheet (PW) 766 was written for $65,045 to upright the Aqueduct and put the pieces back together, and included a hazard mitigation proposal of $14,925 to protect it from further damage. FEMA determined that the Aqueduct was not a facility and therefore did not qualify for permanent restoration. However,
PW 333 was written for $29,130 to fund emergency protective measures to stabilize the remains and fill in sink holes around it. The County submitted its first appeal on June 27, 2006, claiming that the Aqueduct as an historic structure qualified as a facility and was actively used for cultural purposes at the time of the disaster. In its first appeal response, FEMA determined that the Aqueduct was a facility, but that it had not been used for water distribution for more than 100 years and therefore, was not eligible for permanent restoration. The County submitted its second appeal on June 7, 2007. It claimed that the Aqueduct was in active use as an historic structure and that it needed repair to continue its predisaster purpose. The County also stated that PW 333 was prepared without proper review by the County or OES. It requested $79,969 for the restoration of the Aqueduct as written in PW 766.Issues:
1. Is the Aqueduct a public facility?
2. Was the Aqueduct in active use at the time of the disaster?Findings:
1. Yes, the Aqueduct is a culturally significant historic structure.
2. Yes, the Aqueduct was in active use as an historic landmark at the time of the disaster.Rationale:
Section 102 of the Stafford Act, 44 CFR §206.221(h), 44 CFR §206.226(k)