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Second Appeal Brief
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheet 1593; Arroyo Santa Rosa Channel
Citation:FEMA-1577-DR-CA, Ventura County Watershed Protection District, PW 1593, Arroyo Santa Rosa Channel, Debris Removal
Summary:As a result of the January 2005 Winter Storms, the Ventura County Watershed Protection District (Applicant) requested funding for debris removal from Arroyo Santa Rosa Channel. FEMA and the United States Army Corps of Engineer (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) 1593 for zero dollars ($0).
The Applicant submitted its first appeal on November 4, 2005, stating 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 on reimbursement of facilities under the authority of another Federal agency. The Applicant stated that because it had sole responsibility for maintenance, the debris removal should be eligible for reimbursement under the Public Assistance Program. On December 8, 2006, FEMA denied the Applicant’s first appeal stating the facility met the USACE’s definition of an FCW. In accordance with 44 CFR§206.224(a), debris removal is eligible only if there is an immediate threat to life, public health and safety, or improved property.
On March 7, 2007, the Applicant submitted its second appeal with FEMA reiterating its position presented in the first appeal and claiming that additional debris in the channel could cause flooding of nearby homes. The Applicant did not provide documentation to support this claim.
Issues:Findings: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 an FCW, eligible under the Public Assistance Program?
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
Second Appeal, Ventura County Watershed Protection District,FEMA-1577-DR-CA