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Second Appeal Brief
PA ID# 073-1C971-00; Yuima Municipal Water District
PW ID# NA; Debris Removal
SECOND APPEAL BRIEF
Yuima Municipal Water District, PA ID 073-1C971-00
Citation: FEMA-1731-DR-CA, Yuima Municipal Water District, Debris Removal
Reference: Debris Removal
Summary: On January 4, 2008, FEMA amended the wildfire declaration to expand the incident type for the disaster to include flooding, mudflows, and debris flows directly related to the wildfires. The amendment stated that only those areas that the Federal Coordinating Officer determined on a case-by-case basis to be damaged or adversely affected would be eligible. FEMA prepared multiple PWs for the Yuima Municipal Water District (Applicant) for damage sustained as a result of the wildfires. However, FEMA determined that $100,000 associated with mud and debris flows was ineligible.
The Applicant submitted its first appeal June 11, 2008, arguing that removal of the mudflow debris was necessary as a direct result of the wildfires. The Applicant sustained damage to its public facilities as a result of heavy rains that washed debris down the denuded hillsides. The Applicant incurred costs of approximately $100,000 for post-fire debris removal. The Applicant asserted that it was not reasonable for FEMA to determine that only the La Jolla and Rincon Band of Luiseno Indians warranted inclusion under the amendment. In a letter dated January 29, 2009, the Acting Regional Administrator denied the appeal, stating that the Applicant did not provide sufficient documentation to establish that the event impacted the Applicant to such an extent and intensity as to warrant inclusion under Amendment Number Two.
In a letter dated March 26, 2009, the Applicant submitted its second appeal, reasserting its original argument that the damage sustained and the work performed are eligible for reimbursement under Amendment Number Two.
Issues: Is the post-fire debris removal work that the Applicant performed eligible under the amended declaration for public assistance?
Rationale: 44 CFR §206.31-40; 44 CFR §206.223, General work eligibility