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Oro Grande River Channel

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1585-DR
ApplicantSan Bernardino County
Appeal TypeSecond
PA ID#071-99071-00
PW ID#Project Worksheet 266
Date Signed2008-03-14T04:00:00
Citation: FEMA-1585-DR-CA, San Bernardino County, PW 266, Oro Grande River Channel

Cross-reference: Debris removal

Summary: As a result of the February Winter Storms, San Bernardino County (Applicant) requested funding for debris removal from the Oro Grande River channel. FEMA determined that the debris did not pose an immediate threat to life, public health and safety, or improved property. Therefore, FEMA obligated PW 266 for zero dollars.

The Applicant submitted its first appeal on March 23, 2006, stating that if the debris was removed from the natural channel upstream of a flood control work (FCW), the increased flow of water would clear the debris from the underground portion of the FCW. In accordance with 44 CFR §206.224(a), debris removal is eligible if there is an immediate threat to life, public health and safety, or improved property.

On April 23, 2007, the Applicant filed its second appeal with FEMA, reiterating its position presented in its first appeal.

Issues: Is debris removal that does not pose a threat to life, public health and safety, or improved property, from a natural channel, eligible under the Public Assistance Program?

Findings: No.

Rationale: Stafford Act Section 403(a)(3); 44 CFR §206.224(a); 44 CFR §206.221(c)
Second Appeal–San Bernardino County, FEMA-1585-DR-CA

Appeal Letter

March 14, 2008

Grace Koch
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655

Re: Second Appeal–San Bernardino County, PA ID 071-99071-00,
Oro Grande River Channel, FEMA-1585-DR-CA, Project Worksheet (PW) 266

Dear Ms. Koch:

This is in response to your letter dated October 19, 2007, which transmitted the referenced second appeal on behalf of San Bernardino County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for debris removal from the Oro Grande River Channel.
The storms and heavy rains of February 16, 2005, through February 23, 2005, caused excessive storm water runoff and debris flows into the Oro Grande River Channel. The impacted area of the channel measured 1,000 feet long by 100 feet wide. The deposited debris was approximately 2 feet deep, and amounted to 7,700 cubic yards (CY) of rock, sediment, silt and other debris. The Applicant requested $2,565 in assistance from FEMA for the removal of debris and sediment. FEMA denied the request because the accumulated debris did not pose an immediate threat to life, public health and safety, or improved property.
The Applicant submitted the first appeal on March 23, 2006. The Applicant requested funding for debris removal from the Oro Grande River Channel, which is upstream from an underground flood control work (FCW). The Applicant stated that the underground FCW’s capacity was reduced to 25 percent of normal capacity and was not adequate to convey a 5-year flood event.
The Applicant’s appeal was based on the claim that if the debris was removed from the natural channel upstream of the FCW, the increased flow of water would clear the debris from the underground portion of the FCW. FEMA reviewed the data and photos attached to the PW and determined that the accumulated debris in the natural channel did not restrict the flow.
The Deputy Regional Director denied the appeal on April 18, 2007, because the debris did not pose an immediate threat to life, public health and safety, or improved property. In accordance with 44 CFR §206.221(c), immediate threat means the threat of additional damage or destruction from an event that can reasonably be expected to occur within five years.

The Applicant submitted its second appeal on August 20, 2007, reiterating the position presented in its first appeal.
We have reviewed all information submitted with the second appeal and have determined that the Deputy Regional Director’s decision in the first appeal is consistent with Public Assistance Program’s statute and regulations. Therefore, I am denying the second appeal.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX