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Second Appeal Brief
PA ID# 093-99093-00; Siskiyou County
PW ID# Project Worksheet 2090; South Fork Road Bridge at Indian Creek
FEMA-1628-DR-CA; Siskiyou County; South Fork Road Bridge at Indian Creek; PW 2090
Environmental Compliance; Endangered Species Act
Flooding between December 17, 2005, and January 3, 2006, caused a washout of the westerly approach of South Fork Road Bridge at Indian Creek. FEMA prepared PW 2090 for $69,903 to repair the damaged bridge. FEMA determined that the project was ineligible because Siskiyou County (Applicant) completed repairs prior to review by National Marine Fisheries Service (NMFS) or FEMA for compliance with Section 7 of the Endangered Species Act (ESA). In its first appeal, the Applicant claimed that the project was statutorily excluded from National Environmental Policy Act review and that the project had no effect on federally listed species. The appeal was denied because the Deputy Regional Administrator confirmed that the project had the potential to adversely affect federally listed species and required consultation with NMFS before the project was implemented. In its second appeal, the Applicant claimed that it complied with published procedures that were reviewed by NMFS after the work was completed and requested after-the-fact consultation between FEMA and NMFS.
May after-the-fact consultation with NMFS substitute for consultation prior to funding?
44 Code of Federal Regulations Part 10; Response and Recovery Policy 9560.1, Environmental Policy Memoranda