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Second Appeal Summary
PA ID# 013-92100; Contra Costa County Public Works Department
DSR ID# 20354,20356; Pine Creek Channel Bank Repair
Citation: FEMA-1044-DR-CA; Contra Costa County Public Works Department, DSRs 20354/20356
Cross-Reference: Flood control work, Codes and Standards
Summary: Approximately 300 feet downstream of Ygnacio Valley Road, a portion of the Pine Creek channel bank eroded on both the east and west sides. The documented repairs included riprap (rock slope protection (RSP)) and riprap fabric. DSRs 28371 and 28372 were prepared in the amount of $9,958 and $14,168, respectively. During review, the eligible funding was reduced to reflect only repair to pre-disaster condition, which did not include the use of RSP. Ultimately, the work was deemed completely ineligible because Pine Creek was an FCW per the Levee Task Force. The subgrantee's appeal of this decision stated that Pine Creek was an improved channel not eligible for USACE funding and should be eligible for FEMA funding. The Regional Director determined that the facility was not an FCW and provided funding for the restoration of the channel banks to pre-disaster condition, which did not include RSP because the subgrantee's RSP policy did not meet the requirements of 44 CFR 206.226(b). Accordingly, permanent restoration to pre-disaster condition was funded at an amount of $2,946 in DSR 20354 (supplement to DSR 28371) and $3,746 in DSR 20356 (supplement to DSR 28372). The second appeal requested additional funding for the placement of RSP and engineering, inspection and environmental processing costs associated with all of the work.
- Is the facility an FCW?
- Are the repairs eligible for FEMA disaster assistance?
- Yes. Per the Levee Task Force determination and information provided in the subgrantee's first appeal, the subject portion of Pine Creek was improved for flood control purposes. Therefore, funding allocated by the first appeal determination must be deobligated.
- No. The channel banks are part of an FCW.
Rationale: The facility meets the USACE definition of an FCW and according to the Levee Policy, permanent restoration of such facilities is not eligible. Also, the subgrantee's RSP policy does not meet the requirements of 44 CFR 206.226(b).