Creek Bank Stabilization

January 11, 2010

Joan Haun

State Coordinating Officer

Governor’s Division of Emergency Management

PO Box 4087

Austin, TX  78773-0220

Re:  Second Appeal–City of Marble Falls, PA ID 053-46584-00, Creek Bank Stabilization,  

        FEMA-1709-DR-TX, Project Worksheets (PW) 3840 and 3860

Dear Ms. Haun:

This is in response to your letter dated August 26, 2008, which transmitted the referenced second appeal on behalf of the City of Marble Falls (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of its request for additional funding to stabilize the bank along Backbone Creek.

During the incident period of the declared event, Backbone Creek flooded and eroded a 900-foot-long section of the creek bank, creating an immediate threat of damage to three private residences.  The flooding also damaged park infrastructure in two parks adjacent to Backbone Creek.  FEMA approved PW 3860 for $132,500 to armor a 300-foot-long section of the creek bank with gabion baskets to protect the three private residences.  FEMA also approved PW 3840 for $232,074 to restore the damaged park infrastructure and the sections of eroded creek bank considered as improved park property. 

Under both PWs, the Applicant requested funding for additional creek bank stabilization or restoration adjacent to the area known as Kamper’s Korner.  PW 3860 states that the Applicant requested to armor an additional 500 linear feet of creek bank; however, this section of embankment does not support or protect improved property.  FEMA included some bank restoration to restore improved property under PW 3840; however, the Applicant requested funding to restore 195 linear feet of creek bank that is considered unimproved property.

On February 5, 2008, the Applicant submitted a first appeal requesting funding for additional embankment protection along the Kamper’s Korner section of Backbone Creek.  The Applicant stated that utility installations in Kamper’s Korner are threatened by the erosion of the creek bank and that the entire 900-foot-long embankment requires stabilization to protect the improved property adjacent to the creek.  The Regional Administrator denied the first appeal on May 14, 2008, stating that the area identified for stabilization is a natural unimproved stream bank and not eligible for funding for permanent repair.  Further, the Applicant did not submit information to support its claim of an immediate threat to improved property. 

The Applicant submitted a second appeal on July 5, 2008, requesting approval of additional funding (no specified amount) to expand the length of bank protection.  The Applicant states that Kamper’s Korner is a maintained natural feature that has been constructed with installed amenities and utilities.  The Applicant’s consultant states the unprotected bank of Backbone Creek may not be “adequately stable under long-term conditions” and that additional erosion may lead to progressive bank failures, which would threaten the private property and the park facilities at Kamper’s Korner.

Kamper’s Korner is an improved camping area with concrete pads and electrical hookups.  The camping area is located about 20 to 30 feet from the edge of the eroded bank of Backbone Creek.  According to Title 44 of the Code of Federal Regulations (CFR) §206.225(a)(1), emergency protective measures to save lives, to protect public health and safety, and to protect improved property are eligible.  FEMA approved funding under PW 3860 to stabilize a 300-linear-foot section of embankment in order to eliminate the immediate threat to three private residences.  While the Applicant’s consultant states that additional erosion in this area will likely cause progressive bank failures, no immediate threat, other than to the private residences, has been documented or established by the Applicant.  Further, the concrete pads and utilities in Kamper’s Korner were not damaged by the event.  FEMA has provided funding under PW 3840 for the restoration of all damaged improved property in the parks.  Neither emergency protective measures nor permanent restoration of the creek bank in the vicinity of Kamper’s Korner is eligible for funding.

I have reviewed the information submitted with the appeal and have determined that the Regional Administrator’s decision in the first appeal is consistent with Public Assistance regulations and policy.  Accordingly, I am denying the second appeal.

Please inform the Applicant of my determination.  This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.

Sincerely,

/s/

Elizabeth A. Zimmerman

Assistant Administrator

Disaster Assistance Directorate

cc:  Gary Jones

      Acting Regional Administrator

      FEMA Region VI