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Second Appeal Brief
PA ID# 113-99113-00; Yolo County
PW ID# Project Worksheet 2449; Cache Creek
FEMA-1628-DR-CA, Yolo County, Cache Creek, Project Worksheet (PW) 2449
Emergency Work, Permanent Work, Unimproved Property
Heavy rains from December 17, 2005, through January 3, 2006, eroded the embankments of Cache Creek. FEMA determined that the Cache Creek channel and its embankments are earthen, unimproved sites and therefore ineligible for permanent work. FEMA also determined that the Applicant did not document an imminent threat to life or improved property and denied funding for emergency repairs.
The Applicant submitted its first appeal on January 16, 2007. The Applicant maintained that the channel including its embankments is a levee and that an imminent threat was present. The Deputy Regional Administrator denied the appeal on May 31, 2007.
The Applicant submitted its second appeal on July 31, 2007 and provided supplemental information on February 20, 2008. The Applicant maintained that the channel including its embankments is a levee and that an imminent threat was present.
1. Are the embankments of Cache Creek channel improved properties?
2. Did an imminent threat to improved property exist?
44 CFR §206.201(c) and i(1)