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Second Appeal Brief
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheet 2587; Medea Creek Channel
FEMA-1577-DR-CA, Ventura County Watershed Protection District, PW 2857Cross-reference:
Flood Control Works (FCW), Debris RemovalSummary:
As a result of heavy rainfall during the January 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding for debris removal from Medea Creek Channel in Ventura County. FEMA and the United States Army Corps of Engineers (USACE) determined that the facility met the definition of an FCW and that the debris did not pose an immediate threat to life, public health and safety, or improved property. FEMA obligated PW 2857 for zero dollars.
The Applicant submitted its first appeal on November 16, 2005. The Applicant did not agree that Public Assistance reimbursement could only be provided for debris removal to a level that would ensure adequate capacity for a 5-year flood event. 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, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works,
the authority to repair FCWs resides with another Federal agency 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 USACE determination. Issues:
1. Does the facility meet the USACEs definition of an FCW?
2. Is debris removal that does not pose a threat to life, public health and safety, or improved property, from a facility that meets USACE definition of an FCW, eligible under the FEMA Public Assistance Program? Findings:
2. No Rationale:
Stafford 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 for Rehabilitation Assistance for Levees and Other Flood Control Works