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Newhall Creek Channel

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1577-DR
ApplicantLos Angeles County
Appeal TypeSecond
PA ID#037-99037-00
PW ID#Project Worksheet 1174
Date Signed2008-01-22T05:00:00
Citation: FEMA-1577-DR-CA, Los Angeles County, PW 1174, Newhall Creek Channel
Cross-reference: Flood Control Works; Permanent Work; Immediate Threat

Summary: As a result of the January 2005 Winter Storms, Los Angeles County (Applicant) requested funding for debris removal from Newhall Creek Channel. FEMA and the United States Army Corps of Engineers (USACE) determined that the facility met the definition of a Flood Control Work (FCW), and that the debris did not pose an immediate threat to life, public health and safety, or improved property. Therefore, FEMA obligated Project Worksheet (PW) 1174 for zero dollars ($0).
The Applicant submitted the first appeal on October 19, 2005, stating that the costs were eligible because the accumulated debris did not meet the eligibility threshold for assistance through the USACE Rehabilitation and Inspection Program (RIP). The Applicant stated that because it had sole responsibility, the debris removal should be eligible for reimbursement under the Public Assistance program. On January 30, 2007, FEMA denied the Applicant’s first appeal stating the facility met the USACE definition of an FCW. In accordance with 44 CFR§206.224(a), debris removal is eligible if there is an immediate threat to life, public health and safety, or improved property.
On April 19, 2007, the Applicant filed a second appeal with FEMA reiterating its position presented in its first appeal.

Issues: Is debris removal that does not pose an immediate threat to life, public health and safety, or improved property, from a facility that meets the USACE definition of a FCW, eligible under the Public Assistance program?

Findings: No.

Rationale: Stafford Action Section 403 (a) (3); 44 CFR §206.221(c); 44 CFR §206.224(a); 44 CFR §206.226; FEMA R&R Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works

Appeal Letter

January 22, 2008

Mr. Paul Jacks
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655

Re: Second Appeal-Los Angeles County, PA ID 037-99037-00
Newhall Creek Channel, FEMA-1577-DR-CA, Project Worksheet 1174

Dear Mr. Jacks:

This letter is in response to your letter dated June 15, 2007, which transmitted the referenced second appeal on behalf of Los Angeles County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for debris removal from Newhall Creek Channel.
The storms and heavy rains of December 27, 2004, through January 11, 2005, caused excessive storm water runoff and debris flows into Newhall Creek Channel. The impacted area of the channel measured 3,000 feet long by 35 feet wide and 10 feet high and received approximately 4,500 cubic yards (CY) of debris, averaging 1.2 feet deep. The Applicant requested $92,430 from FEMA to remove debris and sediment from Newhall Creek Channel. FEMA denied the request because the facility met the United States Army Corps of Engineers (USACE) definition of flood control work (FCW) and the debris did not pose an immediate threat to life, public health and safety, or improved property.
The Applicant submitted its first appeal on October 19, 2005. The Applicant stated that although the facility is active in the USACE Rehabilitation and Inspection Program (RIP), the amount of accumulated debris in the channel did not meet the eligibility threshold for USACE assistance. Therefore, the Applicant is responsible for maintenance of the facility. The Applicant stated that because it had sole responsibility, debris removal should be eligible for permanent work reimbursement under the FEMA Public Assistance Program.
The Deputy Regional Director denied the appeal on January 30, 2007, because the facility met the definition of an FCW. In accordance with FEMA Response and Recovery (R&R) Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, disaster assistance authority for FCWs resides with another Federal agency, and Public
Assistance reimbursement for FCWs is limited to emergency work necessary to reduce an immediate threat to life, public health and safety, or improved property. The Applicant submitted a second appeal on April 19, 2007.
We have reviewed all information submitted with the appeal and have determined that the Deputy Regional Director’s decision in the first appeal is consistent with the Public Assistance Program regulations and policies. Therefore, the Applicant’s second appeal is denied.

Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX