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Second Appeal Brief
Citation:SECOND APPEAL BRIEF
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# 508; Live Oak Acres Levee
PA ID 111-UL4GF-00; Ventura County Watershed Protection District
Live Oak Acres Levee, PW 508
As a result of the February 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding for permanent work repairs for the replacement of grouted rip rap along the Live Oak Acres Levee. FEMA and the United States Army Corps of Engineers (USACE) determined that the facility met the definition of a Flood Control Work (FCW). Therefore, FEMA obligated Project Worksheet (PW) 508 for zero dollars ($0).
The Applicant submitted its first appeal on January 30, 2006. The Applicant stated that the costs were eligible because the facility was not active in the USACE Rehabilitation and Inspection Program (RIP), and was not under the specific authority of the USACE. This allows FEMA to waive its respective administrative conditions to reimburse facilities under the authority of another Federal agency. The Applicant stated that because it had sole responsibility for maintenance, the repairs should be eligible for permanent work reimbursement under the FEMA Public Assistance Program.
FEMA denied the Applicants first appeal on December 8, 2006, stating that the facility met the USACE definition of a FCW. In accordance with FEMA Response and Recovery (R&R) Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works,
disaster assistance authority for permanent work on FCWs resides with another federal agency.
On March 12, 2007, the Applicant filed a second appeal with FEMA reiterating the position presented in its first appeal.
Are the permanent repairs to a facility that meets the USACE definition of a FCW eligible under the Public Assistance Program?
FEMA R&R Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works,
and 44 CFR §206.226(a)(1)