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Second Appeal Brief
PA ID# 037-99037-00; County of Los Angeles
PW ID# PW 2980; Beach Repair
Citation:FEMA-1577-DR-CA, County of Los Angeles PW 2980
Facility Eligibility; Improved Beaches
Storm surge and wave action associated with the winter storms of
December 27, 2004, through January 11, 2005, (FEMA-1577-DR-CA), resulted in the erosion of near-shore and off-shore beach sand from Redondo Beach. The beach sustained damage along approximately 1,500 feet of its 8,000-foot length. The County of Los Angeles (Applicant) requested funding from the U.S. Department of Homeland Securitys Federal Emergency Management Agency (FEMA) to restore the beach to its pre-disaster condition. FEMA determined that permanent restoration of the beach was ineligible because the facility did not meet the criteria for permanent restoration of a beach, established in Title 44 Code of Federal Regulations (CFR) §206.226(j), Restoration of Damaged Facilities,
Beaches. The Applicant submitted its first appeal on November 9, 2005. The Applicant requested $2,284,910 to restore 31,000 cubic yards (CY) of sand at Redondo Beach. The Regional Director denied the appeal on August 14, 2006, because the beach did not meet the criteria established in
44 CFR §206.226(j)(2)(ii): A maintenance program involving periodic renourishment of sand must have been established and adhered to by the applicant. The Applicants second appeal, submitted on October 16, 2006, also failed to satisfy the requirements of the regulation.
Did the Applicant have an established and adhered to maintenance program involving periodic renourishment of sand at the time of the disaster?
Title 44 Code of Federal Regulations (CFR) §206.226(j)(2), Restoration of Damaged Facilities,