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Second Appeal Brief
PA ID# 039-1DFA8-00; Chowchilla Water District
PW ID# Project Worksheet 847; Berenda Slough Levees
FEMA-1646-DR-CA, Chowchilla Water District, PW 847Cross-reference:
Emergency Protective Measures, EligibilitySummary:
Flooding from March 29, 2006, through April 16, 2006, caused eight breaches along the Ash Slough and Berenda Slough levees. The Applicant filled the breaches with sand, dirt, and concrete riprap to protect improved property. The Applicant requested reimbursement from FEMA for these emergency protective measures. However, the Applicant could not establish the pre-disaster condition of the levee. Subsequently, FEMA did not fund PW 847.
The Applicant submitted its first appeal on February 7, 2007. The Applicant stated that it neither owns nor maintains the levees and could not provide maintenance records to establish their pre-disaster condition. On May 14, 2007, the Deputy Regional Administrator denied the appeal because the Applicant did not establish legal responsibility for the majority of the work performed.
The Applicant submitted its second appeal on July 14, 2007, and provided supplemental information on August 1, 2007. The Applicant included a copy of an agreement with the Madera County Flood Control and Water Conservation Agency which states that the Applicant is responsible for minor emergency repairs during a flood event. The agreement also states that the Applicant is responsible for routine maintenance and repair. Issues:
Is the Applicant responsible for the majority of the work performed? Findings:
44 CFR §§206.222, 206.223 (a)(3), and 206.226(a)(1).