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Arroyo Santa Rosa Channel

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1577-DR
ApplicantVentura County Watershed Protection District
Appeal TypeSecond
PA ID#111-UL4GF-00
PW ID#Project Worksheet 1593
Date Signed2008-01-22T05:00:00

Citation:FEMA-1577-DR-CA, Ventura County Watershed Protection District, PW 1593, Arroyo Santa Rosa Channel, Debris Removal

Summary:As a result of the January 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding for debris removal from Arroyo Santa Rosa Channel. FEMA and the United States Army Corps of Engineer (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) 1593 for zero dollars ($0).
The Applicant submitted its first appeal on November 4, 2005, stating that the costs were eligible because the facility was not active in the USACE Rehabilitation and Inspection Program (RIP) and was not under the specific authority of the USACE. This allows FEMA to waive its respective administrative conditions on reimbursement of facilities under the authority of another Federal agency. The Applicant stated that because it had sole responsibility for maintenance, the debris removal should be eligible for reimbursement under the Public Assistance Program. On December 8, 2006, FEMA denied the Applicant’s first appeal stating the facility met the USACE’s definition of an FCW. In accordance with 44 CFR§206.224(a), debris removal is eligible only if there is an immediate threat to life, public health and safety, or improved property.
On March 7, 2007, the Applicant submitted its second appeal with FEMA reiterating its position presented in the first appeal and claiming that additional debris in the channel could cause flooding of nearby homes. The Applicant did not provide documentation to support this claim.

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

No.

Rationale:Stafford Act, 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
Second Appeal, Ventura County Watershed Protection District,FEMA-1577-DR-CA

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-Ventura County Watershed Protection District, PA ID 111-UL4GF-00, Arroyo Santa Rosa Channel, FEMA-1577-DR-CA, Project Worksheet (PW) 1593

Dear Mr. Jacks:

This letter is in response to the referenced second appeal Ventura County Watershed Protection District (Applicant) submitted to the California Governor’s Office of Emergency Services (OES) on March 7, 2007. OES forwarded the second appeal to FEMA on May 10, 2007. The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding to remove debris from Arroyo Santa Rosa Channel.

The storms and heavy rains of December 27, 2004, through January 11, 2005, caused excessive storm water runoff and mud flows into Arroyo Santa Rosa Channel. Debris and sediment were deposited along 400 feet of the channel at Honey Hill Road. The Applicant requested FEMA reimburse it $7,746 to remove the debris and sediment. The work was completed on April 15, 2005. FEMA denied the request because the facility met the United States Army Corps of Engineer’s (USACE) definitional criteria 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 November 4, 2005. The Applicant claimed that the costs were eligible because the facilities were not active in the USACE’s Rehabilitation and Inspection Program (RIP) and were not under the specific authority of the USACE. Therefore, FEMA could waive its respective administrative conditions on reimbursement of facilities under the authority of another Federal agency. The Applicant stated that since it had sole responsibility, maintenance and debris removal should be eligible for reimbursement under the Public Assistance Program.

The Deputy Regional Director denied the first appeal on December 8, 2006, 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 its second appeal on March 7, 2007, reiterating the position presented in its first appeal. The Applicant claims that the debris removal was necessary because additional debris accumulations “could have caused flood waters to overflow the banks. This would have resulted in extensive damage to the rural community with approximately a dozen homes.” The second appeal did not provide any documentation to demonstrate that the debris removal was necessary for the channel to convey a five-year flood event, or that a five-year flood would cause any damage if the debris was not removed.

We reviewed all information submitted with the appeal and have determined that the Deputy Regional Director’s decision in the first appeal is consistent with Public Assistance Program regulations and policies. Therefore, I am denying the second appeal.

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