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San Bernardino County
Appeal Brief
Appeal Letter
Citation: FEMA-1203-DR-CA; San Bernardino County; PA ID 071-91103; DSRs 50764 and 50765.
Cross-reference: El Ni?o storms and floods; Flood Control Works (FCWs); eligible facility repairs.
Summary: San Bernardino County requested federal assistance following the 1998 storms caused by El Ni?o for damages the Etiwanda Spreading Grounds and the Etiwanda Conservation Basin sustained. Damage Survey Report (DSR) 50764 was written for $2,467 to repair the Etiwanda Spreading Grounds and DSR 50765 included $8,506 to repair the Etiwanda Conservation Basin. Information available to FEMA at the time suggested that these facilities were Flood Control Works (FCWs) under the jurisdiction of the U.S. Army Corps of Engineers (USACE) and were not eligible for FEMA funding. The DSRs were, therefore, not approved. In this second appeal, the County has submitted a May 22, 2000, letter from USACE that clearly stated that because these facilities were for water conservation, they were not classified as FCWs. Since the only obstacle that was preventing the County from receiving FEMA assistance for these facilities was their apparent classification as FCWs, now that the USACE has clarified their status, the appeal is approved.
Issues: Are the Etiwanda Spreading Grounds and the Etiwanda Conservation Basin Water Conservation facilities eligible for federal disaster assistance for damages incurred from El Ni?o?
Findings: Yes. The USACE has removed the only reason for the earlier denial by indicating that the facilities were not FCWs but rather water conservation facilities.
Rationale: FEMA Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, August 17, 1999.
January 29, 2001
Mr. D.A. Christian
Governor's Authorized Representative
Post Office Box 419023
Rancho Cordova, California 95741
Re: Second Appeal: San Bernardino County, P.A. ID 071-91103, Etiwanda Spreading Grounds and Conservation Basins, FEMA-1203-DR-CA; DSRs 50764 and 50765; Log # DET/74957.
Dear Mr. Christian:
This is in response to your July 14, 2000, letter forwarding the June 1, 2000, second appeal from San Bernardino County. The County is appealing the Federal Emergency Management Agency's (FEMA's) determination that the facilities described in Damage Survey Reports (DSRs) 50764 and 50765 were Flood Control Works (FCWs) that came under the jurisdiction of the U.S. Army Corps of Engineers (USACE) and were, therefore, not eligible for FEMA funding. DSR 50764 was written for $2,467 to repair the Etiwanda Spreading Grounds and DSR 50765 included $8,506 to repair the Etiwanda Conservation Basin. In this appeal, the County has enclosed a letter from USACE stating that these facilities are not FCWs. Therefore, the County is requesting that FEMA reinstate the DSRs.
I have examined the May 22, 2000 letter from USACE, which states that the Etiwanda Spreading Grounds and the Etiwanda Conservation Basin are not FCWs because their primary purpose is water conservation. Since we previously denied assistance because we incorrectly determined that the facilities were FCWs, I am approving the appeal. By copy of this letter, I am requesting the Regional Director take appropriate action to implement my determination.
Please inform the subgrantee of my determination. In accordance with the appeal procedure set forth in 44 CFR 206.206, my decision constitutes the final decision on this matter.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc. Karen E. Armes
Acting Regional Director
FEMA Region IX
Appeal Brief
| Desastre | FEMA-1203-DR |
| Applicant | San Bernardino County |
| Appeal Type | Second |
| PA ID# | 071-91103 |
| PW ID# | 50764 and 50765 |
| Date Signed | 2001-01-29T05:00:00 |
Appeal Letter
January 29, 2001
Mr. D.A. Christian
Governor's Authorized Representative
Post Office Box 419023
Rancho Cordova, California 95741
Re: Second Appeal: San Bernardino County, P.A. ID 071-91103, Etiwanda Spreading Grounds and Conservation Basins, FEMA-1203-DR-CA; DSRs 50764 and 50765; Log # DET/74957.
Dear Mr. Christian:
This is in response to your July 14, 2000, letter forwarding the June 1, 2000, second appeal from San Bernardino County. The County is appealing the Federal Emergency Management Agency's (FEMA's) determination that the facilities described in Damage Survey Reports (DSRs) 50764 and 50765 were Flood Control Works (FCWs) that came under the jurisdiction of the U.S. Army Corps of Engineers (USACE) and were, therefore, not eligible for FEMA funding. DSR 50764 was written for $2,467 to repair the Etiwanda Spreading Grounds and DSR 50765 included $8,506 to repair the Etiwanda Conservation Basin. In this appeal, the County has enclosed a letter from USACE stating that these facilities are not FCWs. Therefore, the County is requesting that FEMA reinstate the DSRs.
I have examined the May 22, 2000 letter from USACE, which states that the Etiwanda Spreading Grounds and the Etiwanda Conservation Basin are not FCWs because their primary purpose is water conservation. Since we previously denied assistance because we incorrectly determined that the facilities were FCWs, I am approving the appeal. By copy of this letter, I am requesting the Regional Director take appropriate action to implement my determination.
Please inform the subgrantee of my determination. In accordance with the appeal procedure set forth in 44 CFR 206.206, my decision constitutes the final decision on this matter.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc. Karen E. Armes
Acting Regional Director
FEMA Region IX