PA ID# 045-99045-00; Mendocino County
PW ID# PW 2936; Enviornmental Mitigation Measures
Citation:FEMA-1628-DR-CA, Mendocino County, Town Creek PW 2936
Summary:FEMA preparedPW 2936 for $2,392 to fund the placement of rip-rap and grading of a gravel bar on Town Creek as emergency protective measures to prevent erosion that was threatening Airport Road. The work was determined to be ineligible, and the PW was obligated for $0. In its first appeal, Mendocino County (Applicant) requested funding for emergency work as detailed on PW 2936, for reconstruction of the eroded embankment, installation of willow baffles, and placement of filter fabric and rip-rap on the reconstructed slope, for an approximate total of $55,000. The Applicant claimed the additional work was necessary to minimize harm to aquatic life and vegetation resulting from the emergency work. The Deputy Regional Director approved funding for the emergency work, but denied funding for the additional environmental measures because the work was not necessary to satisfy a Federal requirement. Furthermore, the Deputy Regional Director determined the additional work was not authorized by a USACE permit. In its second appeal, the Applicant claimed that the National Marine Fisheries Service (NMFS) and California Department of Fish and Game (CDF&G) recommended the environmental mitigation measures.
Issues:Did the Applicant demonstrate environmental mitigation measures were required for permit or compliance with Federal or State law?
Rationale:44 Codes of Federal Regulations Part 10; Environmental Considerations; Response and Recovery Policy 9560.1,Environmental Policy Memoranda.