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Second Appeal Brief
PA ID# 111-UIVZ6-00; Green Bay Levee and Drainage District
PW ID# 10054; Berm Repair
Citation: FEMA-1763-DR-IA, Green Bay Levee and Drainage District, Berm Repair PW 10054
Reference: Eligible Work; Berm Repair
Summary: Heavy rains and flooding resulted in a section of the river bank berm adjacent to a primary levee washing out. FEMA prepared PW 10054 in the total amount of $259,145 for repair to a berm and a hazard mitigation proposal for rip rap and geo-tech cloth. The PW was deemed ineligible because the eroded berm area is interior to the levee and considered river bank and also the Applicant could not provide proof of maintenance.
In its first appeal dated March 24, 2010, the Green Bay Levee and Drainage District (Applicant) argued that maintenance to the facility was accomplished by planting trees to reduce wave action on the levee in the early 1970s. On August 10, 2010, the Regional Administrator denied the first appeal because secondary levees riverward of the primary levees are ineligible for repair unless they protect human life.
On October 15, 2010, the Applicant submitted its second appeal providing affidavits from residents and its pump-master in lieu of maintenance records. The Applicant states the maintenance records were destroyed in the flood of 1993. The State does not support the Applicant’s appeal.
Issue: Is the work to repair the berm eligible for Public Assistance funding?
Rationale: 44 CFR §206.221(c), Public Assistance Eligibility; Response and Recovery Policy 9524.3, Rehabilitation Assistance for Levees and other Flood Control Works, dated September 11, 1996