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Second Appeal Brief
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheet 2727; Santa Clara River Groins
FEMA-1577-DR-CA, Ventura County Watershed Protection Dis-Summary:
As a result of the January 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding for permanent repairs for seven rip rap groins, scoured levee embankment, and three storm water drains. FEMA and the United States Army Corps of Engineers (USACE) determined that the facility met the definition of a flood control work (FCW). Therefore, FEMA obligated PW 2727 for zero dollars ($0).
The Applicant filed its first appeal on December 5, 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. The Applicant stated that because it had sole responsibility for maintenance, FEMA should reimburse it for the permanent work repairs under the FEMA Public Assistance Program. On December 8, 2006, FEMA denied the Applicants first appeal because the facility met the definition of an FCW. In accordance with FEMA Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works,
disaster assistance authority for permanent work on FCWs resides with another federal agency.
On March 8, 2007, the Applicant filed a second appeal reiterating the arguments it made in the first appeal. Alternatively, the Applicant requested a one-time assistance for $10,294,731 to fund emergency repairs. In accordance with Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works
, FEMA will only authorize emergency repairs to protect against immediate threats to life, health and safety, or improved property from a five-year flood event. Work that provides a greater level of protection is not eligible. The documentation did not support funding emergency repairs. Issues:
1. Are the permanent repairs to a facility that meets USACE definition of an FCW eligible under the Public Assistance Program?
Should FEMA provide one-time assistance for emergency repairs in this case?Findings:
2. No. The Applicant did not provide documentation to support emergency work.