Tree and Log Jam Removal
Appeal Brief
Appeal Letter
Citation: Appeal Brief; Second Appeal; California Department of Parks and Recreation (DPR); FEMA-1155-DR-CA; PA #000-92001
Cross Reference: DSRs 94195, 94196 and 80110; Log Jam Removal; Time Extension
Summary: In the winter of 1996, heavy rains melted a large snowpack in Humbolt County creating high stream flows and log jams in multiple parks under the jurisdiction of the DPR. FEMA prepared DSR 94195 (Category A) for $21,597 to remove a log jam near Miller Creek Bridge; DSR 94196 (Category A) for $5,123 to remove fallen trees from a park trail; and DSR 80110 (Category B) for $8,505 to remove another log jam. FEMA provided NEPA clearance for DSRs 94195 and 94196 on August 22, 1997, which identified specific conditions and required permits. The applicant did not complete the work within six months and requested a time extension, which was denied. The first appeal (submitted to the State on May 7, 1998) was not supported by the State. FEMA denied the appeal and reiterated that the applicant did not demonstrate extenuating circumstances beyond its control. In the second appeal (now supported by the State), the applicant states that DSR 80110 was completed on May 14, 1997, prior to the FEMA deadline. The appeal also requests reclassification of DSRs 94195 and 94196 as Category C or G because environmental clearance precluded completing the work within the emergency deadline and, therefore, the nature of the work is not Category A work. Per discussion with the applicant (subsequent to the second appeal submission), all DSRs were completed within one year of the date of declaration.
Issues:
Appeal Brief
| Disaster | FEMA-1155-DR |
| Applicant | California Department of Parks and Recreation |
| Appeal Type | Second |
| PA ID# | 000-92001 |
| PW ID# | 94195,94196,80110 |
| Date Signed | 1999-04-27T04:00:00 |
Cross Reference: DSRs 94195, 94196 and 80110; Log Jam Removal; Time Extension
Summary: In the winter of 1996, heavy rains melted a large snowpack in Humbolt County creating high stream flows and log jams in multiple parks under the jurisdiction of the DPR. FEMA prepared DSR 94195 (Category A) for $21,597 to remove a log jam near Miller Creek Bridge; DSR 94196 (Category A) for $5,123 to remove fallen trees from a park trail; and DSR 80110 (Category B) for $8,505 to remove another log jam. FEMA provided NEPA clearance for DSRs 94195 and 94196 on August 22, 1997, which identified specific conditions and required permits. The applicant did not complete the work within six months and requested a time extension, which was denied. The first appeal (submitted to the State on May 7, 1998) was not supported by the State. FEMA denied the appeal and reiterated that the applicant did not demonstrate extenuating circumstances beyond its control. In the second appeal (now supported by the State), the applicant states that DSR 80110 was completed on May 14, 1997, prior to the FEMA deadline. The appeal also requests reclassification of DSRs 94195 and 94196 as Category C or G because environmental clearance precluded completing the work within the emergency deadline and, therefore, the nature of the work is not Category A work. Per discussion with the applicant (subsequent to the second appeal submission), all DSRs were completed within one year of the date of declaration.
Issues:
- Should DSRs 94195 and 94196 be reclassified as either Category C or G?
- Were the scopes of work of the three DSRs completed within FEMA's emergency deadline and allowable State extension?
- No. The work was debris removal and explicitly Category A.
- Yes. The applicant indicates that the scopes of work for each of the DSRs were completed within a year of the date of declaration.
Appeal Letter
April 27, 1999
Mr. D. A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
P.O. Box 419023
Rancho Cordova, CA 95741
Dear Mr. Christian:
This is in response to your letter dated October 30, 1998, to the Federal Emergency Management Agency (FEMA) forwarding a second appeal for Damage Survey Reports (DSRs) 94195 and 94196 under FEMA-1155-DR-CA on behalf of the California Department of Parks and Recreation (DPR) in Humbolt County, California. The applicant is requesting time extensions for the DSRs.
In the winter of 1996, rains melted a snowpack creating high stream flows and log jams in parks under the jurisdiction of DPR. FEMA prepared DSR 94195 for $21,597 to remove a log jam near Miller Creek Bridge; DSR 94196 (Category A) for $5,123 to remove fallen trees from a park trail; and DSR 80110 (Category B) for $8,505 to remove a log jam. FEMA denied a time extension request because the circumstances were not extenuating. The first appeal (not supported by the State) was denied and the Regional Director reiterated that the circumstances were not extenuating.
In the second appeal (supported by the State), the applicant states that DSR 80110 was completed prior to the FEMA deadline. Additionally, the applicant requests reclassification of DSRs 94195 and 94196 as Category C or G because the environmental clearance precluded completing the work within the emergency deadline and the nature of the work is not emergency (Category A) work.
However, Mr. Michael August, the applicant's authorized agent, advised my staff that the scopes of work of the DSRs were completed within one year of the date of disaster declaration. Specifically, DSR 80110 was completed on May 14, 1997, DSR 94196 on December 15, 1997, and DSR 94195 on July 5, 1997. Pursuant to Title 44 of the Code of Federal Regulations (CFR), section 206.204(c)(2), the State may extend the emergency work deadline for an additional six months, for a total of one year. The work was completed during this time period. As such, it is appropriate for the State to respond to this request. No action is required by FEMA at this time.
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
P.O. Box 419023
Rancho Cordova, CA 95741
Dear Mr. Christian:
This is in response to your letter dated October 30, 1998, to the Federal Emergency Management Agency (FEMA) forwarding a second appeal for Damage Survey Reports (DSRs) 94195 and 94196 under FEMA-1155-DR-CA on behalf of the California Department of Parks and Recreation (DPR) in Humbolt County, California. The applicant is requesting time extensions for the DSRs.
In the winter of 1996, rains melted a snowpack creating high stream flows and log jams in parks under the jurisdiction of DPR. FEMA prepared DSR 94195 for $21,597 to remove a log jam near Miller Creek Bridge; DSR 94196 (Category A) for $5,123 to remove fallen trees from a park trail; and DSR 80110 (Category B) for $8,505 to remove a log jam. FEMA denied a time extension request because the circumstances were not extenuating. The first appeal (not supported by the State) was denied and the Regional Director reiterated that the circumstances were not extenuating.
In the second appeal (supported by the State), the applicant states that DSR 80110 was completed prior to the FEMA deadline. Additionally, the applicant requests reclassification of DSRs 94195 and 94196 as Category C or G because the environmental clearance precluded completing the work within the emergency deadline and the nature of the work is not emergency (Category A) work.
However, Mr. Michael August, the applicant's authorized agent, advised my staff that the scopes of work of the DSRs were completed within one year of the date of disaster declaration. Specifically, DSR 80110 was completed on May 14, 1997, DSR 94196 on December 15, 1997, and DSR 94195 on July 5, 1997. Pursuant to Title 44 of the Code of Federal Regulations (CFR), section 206.204(c)(2), the State may extend the emergency work deadline for an additional six months, for a total of one year. The work was completed during this time period. As such, it is appropriate for the State to respond to this request. No action is required by FEMA at this time.
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
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