PA ID# 103-91003; ; Tehama County Flood Control & Water Conservation District
DSR ID# 20551; Repairs to Antelope Creek Levee
Citation: FEMA-1046-DR-CA; Tehama County Flood Control & WCD; DSR 20551
Cross-Reference: Flood control works, Other Federal agencies, Emergency vs. permanent work
Summary: Excessive flows resulting from the winter storms of 1995 eroded a stretch of the Antelope Creek Levee in Tehama County, and deposited debris at the bottom of the embankment. The applicant previously received funding for emergency repairs to the levee under the NRCS-Emergency Watershed Program (EWP) following the 1044-event. Subsequently, the 1046-event caused a section of riprap reinforcement placed after the 1044-event to slip into the stream. DSR 20551 was prepared for $6,669 to remove debris and restore the levee to pre-disaster condition (Category D). This DSR was found ineligible following the Federal Interagency Levee Task Force's determination that the facility is under the specific authority of NRCS, as it meets the USACE definition of a flood control work (FCW). The subgrantee appealed FEMA's determination in a letter dated December 22, 1995, stating that they had participated in the NRCS-EWP program following the 1044-event, and requested NRCS funding for repairs following the 1046-event. NRCS representatives determined that pursuant to the EWP project agreement, the repairs to the facility constituted a "maintenance requirement" and were, therefore, ineligible for NRCS funding. The subgrantee believed that, in the absence of NRCS funding, FEMA should provide assistance. The Regional Director denied this appeal in a letter dated November 26, 1996, stating that the facility was an FCW and under the specific authority of the NRCS. The subgrantee submitted a second appeal dated December 23, 1996. The subgrantee does not contest that the facility is an FCW and under the authority of NRCS. However, because the facility is ineligible for funding under the NRCS-EWP program, the subgrantee believes that FEMA may provide assistance. The subgrantee also argues that although the repairs are of a permanent nature, they were made to a section that was previously repaired to address an immediate threat. Therefore, work pertains to an emergency repair and not a permanent facility.
Does the work performed constitute emergency repairs?
Is the facility eligible for FEMA funding?
No. The subgrantee has not demonstrated that an immediate threat existed. Also, repairs represent significant improvement to the pre-disaster condition of the facility and exceed the scope of work required for emergency protective measures.
No. The repairs made were of a permanent nature. As the facility meets the USACE definition of an FCW, the work is not eligible for FEMA assistance.
Rationale: Under the current FEMA Levee Policy, permanent restoration of facilities that fit the USACE definition of an FCW is work that is considered to be within the specific authority of either USACE or the NRCS, and, therefore, not eligible for FEMA assistance. This is true whether or not the USACE or NRCS provides any funding for the project.