Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 073-1C971-00; Humboldt County
PW ID# 1083; Environmental Compliance,
Citation: FEMA-1628-DR-CA, Humboldt County, PW 1083
Reference: Environmental Compliance
Summary: Heavy rains from December 17, 2005, through January 3, 2006, caused the Mattole River to overtop its banks and scour the south abutment and embankment of the Lindley Road bridge. The Applicant completed stabilization repairs during the storm event and completed additional slope protection work following the storms. The Applicant completed this project without obtaining a permit from the U.S. Army Corps of Engineers (USACE) or consultation with the National Marine Fisheries Service (NMFS). FEMA determined on April 18, 2006, that the repairs captured in PW 1083 are ineligible due to the Applicant’s failure to comply with environmental statutes.
The Applicant stated that the bridge abutment and embankment repair was emergency work necessary to abate a public safety hazard to residents stranded in the area. The Applicant stated that it immediately notified USACE of its actions and requested a permit under the Clean Water Act. According to the Applicant, USACE had determined that the scope of work qualified for a Nationwide Permit, which would satisfy compliance with the Endangered Species Act. However, email correspondence from USACE on December 27, 2007, evidenced that the project was not eligible for a Nationwide Permit, and therefore required consultation with NMFS in order to comply with Section 7 of the Endangered Species Act. NMFS informed FEMA on February 6, 2009, that it would not conduct an after-action consultation of the Applicant’s project.
Issue: Is the Applicant’s project eligible for reimbursement?
Finding: No, the Applicant did not comply with Section 7(a)(2) of the Endangered Species Act.
Rationale: Section 7(a)(2) of the Endangered Species Act (P.L. 93-205).