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Second Appeal Brief
PA ID# 111-24092-00; City of Fillmore
PW ID# PW 589; Fillmore City Landfill
FEMA 1585-DR-CA, City of Fillmore, Fillmore City Landfill East Side
Winter storms in February 2005 caused the Santa Clara River to erode the embankment along the eastern perimeter of the Fillmore City Landfill. FEMA prepared Project Worksheet (PW) 598 in the amount of $0 because no garbage was exposed at the damaged portion of the berm creating immediate threat to public health and safety and the landfill was an inactive facility and, therefore, ineligible for permanent repairs. In a letter dated January 13, 2006, the City of Fillmore (Applicant) appealed the determination that there was no damage to an eligible facility. The Applicant requested an estimated $12,000 to restore the berm protecting the easetern side of the closed landfill. Region IX granted the Applicants appeal. In a letter dated October 5, 2006, the Applicant submitted a second appeal. The Applicant argues that the authorized restoration of the eastern berm is only a temporary because it will not protect against a 100-year flood.
Is the berm protecting the eastern side of the closed landfill eligible for 100-year flood protection?
No. Necessary work to restore the eastern berm to its pre-disaster condition
has been authorized and no applicable code requiring a higher level of repair was cited.
44 CFR §206.206.