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Second Appeal Letter
PA ID# 065-22874-00; Riverside County Flood Control and Water Conservation District
PW ID# Project Worksheet 2645; San Jacinto River from State Street to Sanderson Street
July 8, 2008
Acting Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second AppealRiverside County Flood Control and Water Conservation District,
PA ID 065-22874-00, San Jacinto River from State Street to Sanderson Street
FEMA-1577-DR-CA, Project Worksheet (PW) 2645
Dear Mr. McCarton:
This letter is in response to the referenced second appeal submitted by the Riverside County Flood Control and Water Conservation District (Applicant) on August 2, 2007. The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for permanent repairs to a levee along the San Jacinto River.
Heavy rains from December 27, 2004, through January 11, 2005, eroded approximately 10,000 linear feet (LF) of a protective levee, between State Street and Sanderson Street, and its channel maintenance road and access gate. The Applicant requested $4,322 through Project Worksheet (PW) 2645 for permanent repairs. FEMA denied the Applicants request for funding because the facility met the U.S. Army Corps of Engineers (USACE) definition of a flood control work (FCW).
The Applicant submitted its first appeal on November 3, 2005. The Applicant stated that the facility is not an FCW and is not enrolled in the USACE Rehabilitation and Inspection Program (RIP). The Deputy Regional Director denied the appeal on April 18, 1997. Pursuant to Response and Recovery Policy 9524.3, Rehabilitation Assistance for Levees and Other Flood Control Works,
FCWs are ineligible for assistance from FEMA to perform permanent work.
The Applicant submitted its second appeal on June 18, 2007. The Applicant maintained that the facility is not an FCW. In order to support its claim, the Applicant referenced FEMAs
February 22, 1999, determination in Damage Survey Report (DSR) 25871,
(FEMA1046-DR-CA) that a reach of the levee was not an FCW. According to the Applicant, the subject reach referenced in PW 2645 includes the reach from DSR 25871. The Applicant
stated that PW 2645 also includes an upstream reach with the same construction, flow rate, capacity and function as the reach in DSR 25871. The Applicant also submitted a letter from
USACE dated June 9, 2005, which states that the reach from State Street downstream to Sanderson Avenue is not a flood control work. Furthermore, the letter states that the reach is now labeled as other water control.
I have reviewed all information submitted with the appeal and have determined that FEMA funded the repair of the levee along this section of the San Jacinto River following FEMA-1046-DR-CA in 1999. USACE stated that this reach is not an FCW for purposes of its Rehabilitation and Inspection Program (RIP). Further, USACE program guidance states that facilities that were funded or repaired by other Federal agencies are not eligible to participate in the RIP. Therefore, the section of levee along the San Jacinto River between State Street and Sanderson Street is eligible for assistance under the PA Program. Therefore, I am granting the Applicants appeal. By copy of this letter, I request that the Regional Administrator take appropriate action to implement this determination.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX