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Ventura River Channel

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1577-DR
ApplicantVentura County Watershed Protection District
Appeal TypeSecond
PA ID#111-UL4GF-00
PW ID#Project Worksheet 2570
Date Signed2008-05-02T04:00:00
Citation: Project Worksheet (PW) 2570, Ventura River Channel
Project Worksheet (PW) 2570, Ventura River Channel
Cross-reference: Debris Removal, Emergency Protective Measures, Flood Control Works, Pre-Disaster Conditions.

Summary: As a result of winter storms in Ventura County, California from December 27, 2004, through January 11, 2005, the Ventura County Watershed Protection District (Applicant) requested funding for debris removal and channel realignment of the Ventura River in the vicinity of the Santa Ana Boulevard Bridge. FEMA determined that neither the debris deposited at the bridge nor the erosion to the 100-foot high bluff on the east bank of the river posed an immediate threat to life, public health and safety, or improved property. Therefore, FEMA obligated PW 2570 for zero dollars.

The Applicant submitted its first appeal on June 2, 2006, stating that the debris deposited at the Santa Ana Boulevard Bridge posed an immediate threat to the safety of the bridge and the erosion of the bluff on the east bank of the river posed an immediate threat to 16 private residences located on top of the bluff. In accordance with 44 CFR §206.224(a), “Debris removal is eligible if there is an immediate threat to life, public health and safety,…or improved property
On September 21, 2007, the Applicant filed its second appeal with FEMA, reiterating its position presented in the first appeal. The second appeal included an Emergency Watershed Protection Damage Survey Report prepared by the U.S. Department of Agriculture’s Natural Resource Conservation Service (NRCS). The Applicant states that the NRCS recognized the flow of the river against the east bank resulted in bank erosion and the potential to destabilize the bank, threatening property loss.
To be eligible for assistance under FEMA’s PA Program, the damage must pose an immediate threat to life, public health and safety, or improved property.
Issues: 1. Is debris removal that does not pose an immediate threat to life, public health and safety, or improved property, eligible under the PA Program?

Findings: 1. Yes.
Rationale: Stafford Act Section 403 (a)(3); 44 CFR §206.224(a); 44 CFR §206.225(a)(3);
44 CFR §206.221(c)

Appeal Letter

May 2, 2008

Grace Koch
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, California 95655

Re: Second Appeal–Ventura County Watershed Protection District, PA ID 111-UL4GF-00,
Ventura River Channel, FEMA-1577-DR-CA, Project Worksheet (PW) 2570

Dear Ms. Koch:

This letter is in response to your letter dated November 7, 2007, which transmitted the referenced second appeal on behalf of Ventura County Watershed Protection District (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for debris removal and realignment of the Ventura River in the vicinity of the Santa Ana Boulevard Bridge.
The storms and heavy rains from December 27, 2004, through January 11, 2005, caused excessive storm water runoff and debris flows into the Ventura River. The high flows eroded the river banks depositing debris at the Santa Ana Boulevard Bridge and along a 2,000-foot reach of the river.
The deposited debris amounted to approximately 46,000 cubic yards (CY) of rock, silt, and sediment. The high flows also caused a shift of the low-flow channel from the west side of the river to the east side, against the natural bank. The east bank of the river is along the base of a
near-vertical, 100-foot high bluff. Sixteen private residences are located at the top of the bluff.
The Applicant requested $229,407.87 in assistance from FEMA for the removal of debris and sediment and realignment of the low-flow channel back to the west bank. FEMA denied the Applicant’s request because the accumulated debris and the erosion to the east bank of the river did not pose an immediate threat to life, public health and safety, or improved property.
The Applicant submitted its first appeal on June 2, 2006, and a supplement to the appeal on
July 3, 2006. The Applicant requested funding for debris removal and the realignment of the low- flow channel of the Ventura River back to the west bank. The basis of the Applicant’s appeal was that the debris at the vicinity of the Santa Ana Boulevard Bridge was an immediate threat to the safety of the bridge, and that the erosion caused by the shift of the low-flow channel to the east bank of the river caused an immediate threat to the private residences at the top of the bluff. The Applicant submitted a geotechnical report on May 2, 2007, in support of its appeal.
FEMA reviewed the report and determined the Applicant had not demonstrated that an immediate threat to life, safety, or improved property existed as result of the deposited debris or the erosion to the base of the bluff. The Deputy Regional Administrator denied the appeal on July 13, 2007, because the debris and erosion to the bluff did not pose an immediate threat to life, public health and safety, or improved property. In accordance with 44 CFR §206.221(c), “Immediate threat means the threat of additional damage or destruction from an event which can reasonably be expected to occur within five years
The Applicant submitted a second appeal on September 21, 2007, reiterating the position presented in its first appeal. The second appeal included an Emergency Watershed Protection Damage Survey Report prepared by the U.S. Department of Agriculture’s Natural Resource Conservation Service (NRCS). The Applicant states that the NRCS recognized the flow of the river against the east bank resulted in bank erosion and the potential to destabilize the bank, threatening property loss.
We have reviewed all information submitted with the second appeal and have determined that the relocated low-flow channel presented an immediate threat to improved property. Therefore, the cost of measures ($229,408) that the Applicant took to reduce the threat is eligible for reimbursement under the Public Assistance Program. Accordingly, I am approving the appeal. By copy of this letter, I request the Regional Administrator take appropriate action to implement this determination.

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

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX