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Second Appeal Brief
PA ID# 071-99071-00; San Bernardino County
PW ID# Project Worksheet 266; Oro Grande River Channel
FEMA-1585-DR-CA, San Bernardino County, PW 266, Oro Grande River ChannelCross-reference:
As a result of the February Winter Storms, San Bernardino County (Applicant) requested funding for debris removal from the Oro Grande River channel. FEMA determined that the debris did not pose an immediate threat to life, public health and safety, or improved property. Therefore, FEMA obligated PW 266 for zero dollars.
The Applicant submitted its first appeal on March 23, 2006, stating that if the debris was removed from the natural channel upstream of a flood control work (FCW), the increased flow of water would clear the debris from the underground portion of the 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 23, 2007, the Applicant filed its second appeal with FEMA, reiterating its position presented in its first appeal.Issues:
Is debris removal that does not pose a threat to life, public health and safety, or improved property, from a natural channel, eligible under the Public Assistance Program?Findings:
Stafford Act Section 403(a)(3); 44 CFR §206.224(a); 44 CFR §206.221(c)Second AppealSan Bernardino County, FEMA-1585-DR-CA