Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 000-3QVN0-00; Walsh County Water Resource District
PW ID# 870; Man-Made Channel Repair
Citation: FEMA-1907-DR-ND, Walsh County Water Resource District, Man-Made Channel Repair, Project Worksheet (PW) 870
Reference: Work Eligibility; Documentation
Summary: Severe storms and flooding in North Dakota resulted in major disaster declaration FEMA-1907-DR-ND. FEMA Region VIII issued Informational Memo 7- Public Assistance Eligibility of Legal Drains to provide guidance on the eligibility of work on man-made drainage facilities. The memo advised that deposits consisting of less than one foot depth of sediment are not eligible for assistance, the removal of sediment is eligible only when it results in a significant loss of channel capacity, and the applicant must show that drainage facilities are regularly and properly maintained. At the request of the Walsh County Water Resource District (Applicant), FEMA prepared PW 870 for removal of an average depth of 0.33 feet of sediment from Walsh County Drain 10. As the sediment did not meet the one-foot minimum depth requirement and the Applicant did not provide maintenance documentation, FEMA found the work to be ineligible and estimated the eligible costs to be $0. The Applicant’s October 27, 2010, first appeal stated that the sediment was not a result of normal silting but was instead caused by overland flooding that washed out 700 feet of an adjacent township road. On June 23, 2011, the Regional Administrator denied the first appeal, citing the lack of evidence demonstrating that the sediment identified in the PW significantly affected the function of the drain, and the lack of documentation showing that the Applicant normally repairs this type of damage. In the August 4, 2011, second appeal, the Applicant reiterated that the material was directly attributable to the disaster-related road washout, and in support, this claim submitted a contractor’s July 16, 2010, estimate for both repair of the road and removal of the sediment. However, the estimate does not demonstrate that the sediment in the drain was road material as floods generally deposit debris over a wide area. Further, the site survey submitted by the Applicant identified an average sediment depth of 0.5 feet. The Applicant submitted neither evidence showing that the sediment significantly affected the functioning of the drain, nor documentation showing that this type or level of sediment is normally removed.
Issues: 1. Has the Applicant demonstrated that the sediment: exceeded the minimum required depth, and significantly affected the function of the drain?
2. Has the Applicant demonstrated that this type of damage is normally repaired?
Findings: 1. No
Rationale: Informational Memo 7- Public Assistance Eligibility of Legal Drains, 44 CFR §206.224(a)(2) Debris removal, Public interest.