Newhall Creek Channel

Appeal Brief Appeal Letter

Appeal Brief

Disaster1585-DR-CA
ApplicantLos Angeles County
Appeal TypeSecond
PA ID#037-99037-00
PW ID#788
Date Signed2007-12-21T05:00:00

Citation:

FEMA-1585-DR-CA, Los Angeles County, PW 788, Newhall Creek Channel

Cross-reference:

Flood Control Works; Emergency Work; Immediate Threat

Summary:

As a result of the February 2005 Winter Storms, Los Angeles County (Applicant) requested funding to remove debris from Newhall Creek Channel. FEMA and the United States Army Corps of Engineers (USACE) determined that the facility met the definition of a flood control work (FCW) and that the debris did not pose an immediate threat to life, public health and safety, or improved property. Therefore, FEMA obligated Project Worksheet (PW) 788 for zero dollars ($0).
The Applicant submitted its first appeal on March 13, 2006, stating that the costs were eligible because the accumulated debris did not meet the eligibility threshold for assistance through the USACE Rehabilitation and Inspection Program. The Applicant stated that because it had sole responsibility, the debris removal should be eligible for reimbursement under the Public Assistance Program. On
January 30, 2007, FEMA denied the Applicant’s first appeal stating the facility met the USACE’s definition of a FCW. In accordance with 44 CFR §206.224(a), debris removal is eligible if there is an immediate threat to life, public health and safety, or improved property.

On April 20, 2007, the Applicant filed a second appeal with FEMA reiterating its position presented in the first appeal.

Issues:

Is debris removal that does not pose an immediate threat to life, public health and safety, or improved property, from a facility that meets USACE’s definition of a FCW, eligible under the Public Assistance Program?

Findings:

No.

Rationale:

Stafford Act, Section 403 (a) (3); 44 CFR §206.221(c); 44 CFR §206.224(a);
44 CFR §206.226; FEMA R&R Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works

Appeal Letter

December 21, 2007

Mr. Paul Jacks
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655

Re: Second Appeal-Los Angeles County, PA ID 037-99037-00, Newhall Creek Channel, FEMA-1585-DR-CA, Project Worksheet 788

Dear Mr. Jacks:

This is in response to your letter dated June 15, 2007, which transmitted the referenced second appeal on behalf of Los Angeles County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding to remove debris from Newhall Creek Channel.

The storms and heavy rains of February 16, 2005, through February 23, 2005, caused excessive storm water runoff and debris flows into Newhall Creek Channel. The impacted area of the channel measured 3,000 feet long by 35 feet wide and 10 feet high and received approximately 4,962 cubic yards (CY) of debris, averaging 1.3 feet deep. The Applicant requested $91,995 from FEMA to remove debris and sediment from Newhall Creek Channel. FEMA denied the request because the facility met the United States Army Corps of Engineers (USACE) definitional criteria of a flood control work (FCW) and the debris did not pose an immediate threat to life, public health and safety, or improved property.

The Applicant submitted the first appeal on March 13, 2006. The Applicant stated that although the facility is active in the USACE Rehabilitation and Inspection Program, the amount of accumulated debris in the channel did not meet the eligibility threshold for USACE assistance and subsequently it is the Applicant’s responsibility to maintain the facility. The Applicant stated that because it had sole responsibility, the debris removal should be eligible for permanent work reimbursement under the Public Assistance Program.

The Deputy Regional Director denied the appeal on January 30, 2007, because the facility met the definition of an FCW. In accordance with FEMA Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Control Works, disaster assistance authority for FCWs resides with another Federal agency and Public Assistance reimbursement for FCW’s is limited to emergency work necessary to reduce an immediate threat to life, public health and safety or improved property. The Applicant submitted its second appeal on April 23, 2007.

We have reviewed all information submitted with the second appeal and have determined that the Deputy Regional Director’s decision in the first appeal is consistent with the Public Assistance Program regulations and policies. Therefore, I am denying the second appeal.

Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX

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