Appeal Brief | Appeal Letter | Back
Second Appeal Brief
Citation: FEMA-1585-DR-CA, Ventura County Watershed Protection Dis-
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheets 258 and 263; Arroyo Simi at Dry Canyon Channel and Arroyo Simi at Peach Hill Wash
As a result of heavy rainfall during the January 2005 Winter Storms, the Applicant requested funding for permanent repairs to hardened channel banks along Arroyo Simi at Dry Canyon Channel (PW 258) and Peach Hill Wash (PW 263). FEMA and the United States Army Corps of Engineers (USACE) determined that the facilities met the definition of a Flood Control Work (FCW). Because FCWs are the responsibility of another federal agency, FEMA did not fund PWs 258 or 263.
The Applicant submitted the first appeals on January 27, 2005, stating the costs were eligible because the facilities were not active in the USACE Rehabilitation and Inspection Program (RIP), and that it had sole responsibility for maintenance. On December 8, 2006, FEMA denied the first appeals, stating the facilities met the USACE definition of an FCW.
The Applicant filed the second appeals on PW 258 on March 4, 2007, and on
PW 263 on March 8, 2007. The Applicant requested a change in work from Category D to Category B and reiterated its position that the facilities are not FCWs. The Applicant stated the work was completed as emergency work to eliminate an immediate threat to residences adjacent to the facilities. The second appeals did not provide documents establishing that the repairs were the minimum to protect against a 5-year flood event. The work is not eligible. The change in category is not warranted.Issues:
1. Should the PW be changed from Category D to Category B?
2. Are the facilities FCWs?Findings:
2. Yes. FEMA and USACE determined that both facilities met the definition of
Robert T. Stafford Disaster Relief and Emergency Act Section 403(a)(3); 44 CFR §§206.221(c), 206.225(a)(3)(i), and 206.226; FEMA Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works