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Second Appeal Summary
PA ID# 013-91053; Bethel Island Municipal Improvement District
DSR ID# 28148,28149; N/A
Citation: FEMA DR-1046-CA; Bethel Island Municipal Improvement District; DSR 28148 and 28149
Cross-Reference: Federal levee policy, flood control work (FCW), Amendment #5 of the DR-758 FEMA/State of California agreement.
Summary: In March 1995, storms generated wave action and winds that damaged a levee under the jurisdiction of the Bethel Island Municipal Improvement District (BIMID). Two damage sites of 3,750 and 350 lineal feet are the subjects of this appeal. Repairs consisted of placing rock fill to restore the predisaster 2 to 1 slopes. The damage survey reports (DSRs) requested $72,333 and $6,758, but both were approved for $0. The work was declared ineligible because the levee had been identified to be within the authority of the U.S. Army Corps of Engineers (USACE).
BIMID submitted a first appeal in February 1996, stating the levee is not a flood control work. The FEMA Regional Director acknowledged this, but pointed out that BIMID is subject to Amendment #5 of the DR-758 FEMA/State of California agreement (Amendment/Agreement). Under this, non-flood control levees in the Sacramento-San Joaquin Delta reclamation districts are only considered eligible for future FEMA assistance if the requirements outlined in the agreement have been met. The Regional Director denied the appeal because the applicant had not fulfilled the hazard mitigation proposal (HMP) requirements. BIMID submitted a second appeal in December 1996, claiming to have made a diligent effort to comply with the HMP requirement. They note that the State Department of Water Resources (DWR) is investigating their work to date for substantial compliance with the HMP requirements. The FEMA Regional Director does not accept the applicant's claim that they have met the HMP requirements.
Issues: Has the applicant met the HMP requirements of the Amendment/Agreement?
Rationale: Over one year after the disaster, FEMA and DWR reviewers determined that BIMID's status had not changed from when the last joint inspection was completed in November 1991. That was over four years previous, and BIMID was not in compliance at that time.