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Second Appeal Brief
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheet 1356; Medea Creek Channel
FEMA-1577-DR-CA, Ventura County Watershed Protection District,
Project Worksheet (PW) 1356Cross-reference:
Flood Control Works (FCW)Summary:
As a result of heavy rainfall during the January 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding for repairs to a grouted riprap area of Medea Creek Channel in Ventura County. FEMA and the U.S. Army Corps of Engineers (USACE) determined that the facility met the definition of a FCW. FEMA determined that the repairs were permanent work and were under the authority USACE. FEMA did not provide funding for PW 1356.
The Applicant submitted its first appeal on October 28, 2005. The Applicant did not agree with FEMAs determination that permanent repairs were not eligible for Public Assistance reimbursement because the facility was not listed on the USACE inventory of FCWs at the time of the disaster. On December 8, 2006, FEMA denied the Applicants first appeal stating the facility met the definition of an FCW. Pursuant to FEMA Response and Recovery Policy 9524.3, Rehabilitation Assistance for Levees and Other Flood Control Works,
authority for FCWs resides with USACE, and Public Assistance reimbursement for FCWs is limited to emergency work necessary to reduce an immediate threat to life, public health and safety, or improved property.
On March 7, 2007 the Applicant filed a second appeal with FEMA providing additional documentation to support its assertion that the facility does not meet the USACE definition of an FCW. FEMA reviewed the documentation and agreed with the original USACE determination. Issues:
1. Does the facility meet the USACE definition of an FCW?
2. Are permanent repairs of FCWs eligible under the FEMA Public Assistance
Robert T. Stafford Disaster Relief and Emergency Act Section 403(a)(3);
44 CFR §§206.221(c), 206.225(a)(3), and 206.226; FEMA Response and Recovery Policy 9524.3, Policy Rehabilitation Assistance for Levees and Other Flood Control Works