Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 041-99041-00; County of Marin Department of Public Works
PW ID# Project Worksheet 3304; Corte Madera Creek
FEMA-1628-DR-CA, County of Marin, Corte Madera Creek, PW 3304Cross-reference:
Emergency Protective Measures Summary:
Heavy rains from December 17, 2005, through January 3, 2006, caused
Corte Madera Creek to rise approximately 23 feet, eroding the creeks embankment, uprooting a tree on the northern creek bed, and damaging a fence located at 21 Sir Francis Drake Boulevard. FEMA determined that debris removal from the creek was eligible. The damage to the creek embankments did not pose an immediate threat and the fence was on private property. Therefore, these sites were not eligible facilities. FEMA prepared PW 3304 for debris removal.
The Applicant submitted its first appeal on October 25, 2006. The Applicant argued that there was an immediate threat to improved property and the fence was damaged by the disaster. The first appeal was denied on June 22, 2007.
On September 12, 2007, the Applicant filed a second appeal. The Applicant established that a plausible immediate threat to public safety and improved property existed. The Applicant did not establish that it had the legal responsibility to repair or replace the damaged fence.Issues:
1. Did the damage pose an immediate threat to life, public health and safety, or to improved property at 21 Sir Francis Drake Boulevard?
2. Did the Applicant have the legal authority to repair damaged private property?Findings:
44 CFR §206.225 (3)