Repair of Damage to Private Driveway

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1046-DR
ApplicantSanta Barbara County
Appeal TypeSecond
PA ID#083-00000
PW ID#12232
Date Signed1997-12-08T05:00:00
Citation: Appeal Analysis; Second Appeal; Santa Barbara County; California; FEMA-1046-DR-CA, PA 083-00000

Cross-Reference: Winter Storms of 1995; DSR 12232; Private Driveway; Emergency Protective Measures

Facts: Following the winter storms of 1995, FEMA prepared damage survey report (DSR) 12232 for Santa Barbara County (County) for $22,340. This DSR was written for restoration of a private driveway damaged during the performance of emergency protective measures by the County at Tecolote Creek. Upon review, the regional staff determined that the DSR was ineligible because the work was not the legal responsibility of the applicant. The State transmitted the subgrantee's first appeal on September 8, 1996. The applicant claimed that the driveway was damaged during the County's performance of emergency work and contended that it is legally responsible for the repairs. The Regional Director sustained that determination on the first appeal based on the provisions of section 406 of the Stafford Act, which only allows for restoration of public or private nonprofit facilities. On May 16, 1997, the State forwarded the applicant's second appeal arguing that the work set forth in DSR 12232 was necessitated by the emergency work performed on the creek. In fact, the County believes that this DSR should have been written as Category "B" emergency work and considered an eligible expense in accordance with section 403 of the Stafford Act.

Issue: Is the repair of the private driveway that was damaged during the performance of eligible work eligible for FEMA assistance?

Findings: Yes. FEMA pays for repair of private property if damaged in the course of eligible work.

Rationale: Section 403 of the Stafford Act provides for "performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property..."

Appeal Letter

December 8, 1997

Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
74 North Pasadena Avenue, West Annex, Third Floor
Pasadena, California 91103

Dear Mr. Najera:

This is in response to your letter dated May 16, 1997, to the Federal Emergency Management Agency (FEMA). With that letter, you forwarded a second appeal on behalf of Santa Barbara County, requesting approval of damage survey report (DSR) 12232 for $22,340. This DSR was for restoration of a private driveway that was damaged during the performance of emergency protective measures along Tecolote Creek. Upon review, the regional staff determined that the DSR was ineligible because the work was not the legal responsibility of the applicant. The Regional Director sustained that determination on the first appeal based on the provisions of section 406 of the Stafford Act, which only allows for restoration of public or private nonprofit facilities.

In the second appeal, the County asserts that the private driveway was the only access to the damaged site, and that the damage to the driveway was unavoidable and incidental to the emergency repair. The County concludes that the driveway repair is eligible pursuant to section 403 of the Stafford Act. We have reviewed the information submitted with the appeal and agree that the driveway repair is eligible for FEMA assistance. Section 403 of the Stafford Act states that work performed on public or private lands that is essential to protecting and preserving property is eligible. Since the driveway was the only access to the damaged site and it was damaged during the performance of emergency work, I am approving the appeal for $22,340.

Please inform the applicant of this determination.

Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

cc: Ray Williams
Acting Regional Director
FEMA Region IX
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