This page has not been translated into 简体中文. Visit the 简体中文 page for resources in that language.
Town of Robbins
Appeal Brief
Appeal Letter
Citation: FEMA-1155-DR-CA; PA ID 101-91016; DSR 98473.
Cross Reference: Winter storm and flooding;.
Summary: During the late December storms of 1996, Reclamation District No. 1500 (district) activated its discharge pumps to remove excess water from the District's drainage canal. The District claimed that drainage of the canal was essential to prevent flooding and possible evacuation of the town of Robbins located south of the termination of the canal and applied for disaster assistance. FEMA wrote DSR 98473 on April 25, 1997, for $49,164 to reimburse the District for the excess power costs associated with the operation of the pumping facilities. The DSR was declared ineligible because the pumping was deemed to be for dewatering which is an ineligible activity. A follow-up inspection visit was made on May 17, 1997, at which time FEMA's inspector generated a `memo to file' showing reasons why he did not consider the pumping necessary to protect the Town of Robbins. The District challenged this memo showing that the water level in the Bohannon Canal was critical in determining the flood situation in the town. The applicant claimed that in order to prevent flood waters from backing up in sewers and entering homes, it was necessary to keep the level in the canal under 19 feet. FEMA denied the first appeal and the applicant resubmitted the same arguments in its second appeal. Examination of the situation using a Department of the Interior Geological Survey map indicated the drop of no more than two feet in the canal in the approximately seven miles between the Town of Robbins and the drainage pumps. This situation gave credence to the applicant's claim that the pumps had to be operated to keep the level in the canal at a level to prevent flooding in the town.
Issue: Should the District be funded for operating the pumps for the period that was in excess of the four-year average emergency use?
Findings: Yes. The District was able to demonstrate that with the virtually zero grade to remove the water from the canal and with a wide area of watershed into the canal, it was necessary to operate the drainage pumps continuously to prevent flooding in the Town of Robbins.
Rationale: 44 CFR 206.225 provides for emergency work to protect lives and improved property.
Appeal Brief
| Disaster | FEMA-1155-DR |
| Applicant | Reclamation District No. 1500 |
| Appeal Type | Second |
| PA ID# | 101-91016 |
| PW ID# | 98473 |
| Date Signed | 1999-03-25T05:00:00 |
Cross Reference: Winter storm and flooding;.
Summary: During the late December storms of 1996, Reclamation District No. 1500 (district) activated its discharge pumps to remove excess water from the District's drainage canal. The District claimed that drainage of the canal was essential to prevent flooding and possible evacuation of the town of Robbins located south of the termination of the canal and applied for disaster assistance. FEMA wrote DSR 98473 on April 25, 1997, for $49,164 to reimburse the District for the excess power costs associated with the operation of the pumping facilities. The DSR was declared ineligible because the pumping was deemed to be for dewatering which is an ineligible activity. A follow-up inspection visit was made on May 17, 1997, at which time FEMA's inspector generated a `memo to file' showing reasons why he did not consider the pumping necessary to protect the Town of Robbins. The District challenged this memo showing that the water level in the Bohannon Canal was critical in determining the flood situation in the town. The applicant claimed that in order to prevent flood waters from backing up in sewers and entering homes, it was necessary to keep the level in the canal under 19 feet. FEMA denied the first appeal and the applicant resubmitted the same arguments in its second appeal. Examination of the situation using a Department of the Interior Geological Survey map indicated the drop of no more than two feet in the canal in the approximately seven miles between the Town of Robbins and the drainage pumps. This situation gave credence to the applicant's claim that the pumps had to be operated to keep the level in the canal at a level to prevent flooding in the town.
Issue: Should the District be funded for operating the pumps for the period that was in excess of the four-year average emergency use?
Findings: Yes. The District was able to demonstrate that with the virtually zero grade to remove the water from the canal and with a wide area of watershed into the canal, it was necessary to operate the drainage pumps continuously to prevent flooding in the Town of Robbins.
Rationale: 44 CFR 206.225 provides for emergency work to protect lives and improved property.
Appeal Letter
March 25, 1999
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741
Dear Mr. Christian:
This is in response to your September 25, 1998, letter forwarding the August 3, 1998, second appeal from the Reclamation District No. 1500 (District) of the Federal Emergency Management Agency's (FEMA's) denial of Damage Survey Report (DSR) 98473. In the aftermath of the winter flood disaster of January 1997, FEMA wrote DSR 98473 on April 25, 1997, for $49,164 to reimburse the applicant the cost of operating the pumping facilities. The power cost represented the excess power consumed over the four-year average cost for the emergency period. The DSR was, however, declared ineligible because the pumping operation was deemed to be associated with dewatering.
In its second appeal, the applicant adamantly disagreed with FEMA's denial of the DSR and resubmitted its first appeal responses to the May 17, 1997, FEMA "Memo to File." This disagreement forms the basis of the applicant's appeal. Armed with a Department of the Interior Geological Survey map of the District, I carefully examined the arguments of the applicant and found them to merit favorable consideration. Consequently, I am overturning the decision of the Regional Director and am awarding the District the costs that were denied in DSR 98473.
By copy of this letter, I am requesting that the Regional Director re-obligate the DSR to implement this decision. Please inform the applicant of my determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Z. Whetstone
Regional Director
FEMA Region IX
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741
Dear Mr. Christian:
This is in response to your September 25, 1998, letter forwarding the August 3, 1998, second appeal from the Reclamation District No. 1500 (District) of the Federal Emergency Management Agency's (FEMA's) denial of Damage Survey Report (DSR) 98473. In the aftermath of the winter flood disaster of January 1997, FEMA wrote DSR 98473 on April 25, 1997, for $49,164 to reimburse the applicant the cost of operating the pumping facilities. The power cost represented the excess power consumed over the four-year average cost for the emergency period. The DSR was, however, declared ineligible because the pumping operation was deemed to be associated with dewatering.
In its second appeal, the applicant adamantly disagreed with FEMA's denial of the DSR and resubmitted its first appeal responses to the May 17, 1997, FEMA "Memo to File." This disagreement forms the basis of the applicant's appeal. Armed with a Department of the Interior Geological Survey map of the District, I carefully examined the arguments of the applicant and found them to merit favorable consideration. Consequently, I am overturning the decision of the Regional Director and am awarding the District the costs that were denied in DSR 98473.
By copy of this letter, I am requesting that the Regional Director re-obligate the DSR to implement this decision. Please inform the applicant of my determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Z. Whetstone
Regional Director
FEMA Region IX