Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 077-UB01P-00; Reclamation District Number 2033
PW ID# Project Worksheets 693, 714, and 1080; Brack Tract
FEMA-1628-DR-CA, Reclamation District Number 2033, Brack Tract,
PWs 693, 714, and 1080
Emergency Work, Flood Control Works
Heavy rains from December 17, 2005, through January 3, 2006, damaged the Brack Tract levee and the levee road of the Reclamation District Number 2033 (Applicant). The California Flood Hazard Mitigation Plan requires levees to have one-foot of freeboard above the 100-year flood elevation. FEMA determined that 445 feet of the levee system were below the base flood elevation. Thus, PWs 693, 714, and 1080 were not obligated.
The Applicant submitted its first appeal on October 27, 2006. The Applicant demonstrated that only 351 feet (0.6 percent) of 10.8 miles of the levee are below the base flood elevation by 1.2 inches. The Deputy Regional Director denied the appeal on February 27, 2007.
The Applicant submitted a second appeal on June 12, 2007, reiterating the position in its first appeal. The Applicant also requested that FEMA approve PW 714, which was not previously appealed.
1) Has the Applicant established sufficient compliance with the State’s HMP?
2) Did the Applicant fail to appeal PW 714 within the regulatory time limit?
44 CFR §206.115, §206.226(a)(1), and FEMA Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works.
Second Appeal–Reclamation District Number 2033, FEMA-1628-DR-CA