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Second Appeal Brief
PA ID# 111-UIVZ6-00; Green Bay Levee and Drainage District
PW ID# 10247; Berm Repair
Citation: FEMA-1763-DR-IA, Green Bay Levee and Drainage District (Applicant), Berm Repair, Project Worksheet (PW) 10247
Reference: Eligible Work; Berm Repair
Summary: Heavy rains and flooding resulted in a section of the river bank berm adjacent to a primary levee washing out. At the Applicant’s request, FEMA prepared PW 10247 in the amount of $2,435,998 for berm repair and a hazard mitigation proposal to install rip rap and geo-tech cloth on the shore line to prevent future bank erosion. The PW was deemed ineligible because the repair of flood control works falls under the authority of another federal agency.
In its first appeal, the Applicant argued that the facility was a deflection dike built to mitigate damage to the primary levee not a flood control work, and therefore, does not fall under the authority of any other federal agency. The Regional Administrator denied the first appeal stating that the Applicant did not demonstrate that the berm was an engineered, designed, and regularly maintained facility. In addition, the Applicant was not able to document the pre-disaster condition of the berm or identify specific disaster-related damage that was incurred. In its second appeal, the Applicant argued that it monitored soil erosion using measurements taken every two years from three stakes that it placed within a tree line to a point past the deflection dike where the soil is stable.
Issue: Is the work to repair the berm eligible for Public Assistance funding?
Rationale: 44 CFR §206 221(c), Public Assistance Eligibility; Response and Response and Recovery Policy 9524.3, Rehabilitation Assistance for Levees and other Flood Control Works, dated September 11, 1996.