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Second Appeal Brief
PA ID# 057-99057-00; Skagit County Dike District #1
PW ID# 32; Levee Floodfight Activities
Citation: FEMA-1499-DR-WA; Skagit County Dike District # 1
Cross-reference: Emergency work eligibility, Levees
Summary: Severe flooding occurred along the Skagit River in Skagit County, Washington, from October 15, 2003 through October 23, 2003. The Skagit River Dike District (District) performed emergency protective measures, repairs and cleanup along two areas of the Mt. Vernon area of the Skagit River levee system, including the placement of sandbags, ecology blocks, and fabric wrapped fill materials along a ¼-mile section. The work reshaped the levee prism, increasing its height. The District submitted $222,847.66 for reimbursement under the Public Assistance Program of which FEMA approved $65,098 and denied the remainder because it related to emergency measures that continued well after the incident period and resulted in permanent elevation of the levee. The District submitted its first appeal on June 2, 2004, requesting reimbursement of $157,749.66. In the appeal, the District contended that the work performed after the incident period should have been eligible because there was still a need for emergency protective measures even after the incident period had ended. FEMA approved $1,801.40 for the additional invoices that related to eligible cleanup and debris removal and denied the remainder. FEMA noted that the District was participating in the U.S. Army Corps of Engineers PL 84-99, Rehabilitation and Inspection Program. The remaining costs also included work to move flood fight materials from the nearby roadway and place it on top of the levee creating a permanent elevation, which is ineligible per
44 CFR § 206.226 and FEMA Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works. On November 18, 2004, the District submitted a second appeal for $152,944.96. The District added that the incident period was arbitrarily selected and that work eligibility was not uniformly applied.
Issues: 1.) Are the emergency protective measures that addressed the imminent threat eligible for FEMA reimbursement?
2.) Is work performed after the imminent threat ended eligible for FEMA reimbursement?
Findings: 1.) Yes. An additional $1,250.20 for eligible cleanup, mobilization, and disposal costs are eligible.
2.) No. The remaining costs relate to work on the levee that was performed after the immediate threat of flooding had passed.
Rationale: Robert T. Stafford Disaster Relief and Emergency Assistance Act, Section 403,