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Johnson Bayou Fire Station

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1607-DR
ApplicantCameron Parish
Appeal TypeSecond
PA ID#023-99023-00
PW ID#3441
Date Signed2010-12-23T05:00:00

Citation:         FEMA-1607-DR-LA, Cameron Parish, PW 3441

Cross -            Environmental Compliance, Coastal High Hazard Areas
Reference:     

Summary:        On September 4, 2005, high winds, flooding and debris generated by Hurricane Rita damaged the Johnson Bayou Fire Station.  The building was inundated with seven feet of flood waters.  As a result walls were saturated and flooring, cabinetry, doors, mechanical and electrical equipment and utility systems were damaged.  In accordance with Response and Recovery Policy 9524.4, Eligibility of Facilities for Replacement under 44 CFR 206.226(d)(1) (The 50% Rule), FEMA determined that the facility was eligible for replacement rather than repair.  FEMA prepared PW 3441 for $573,839 to replace the facility.  The Applicant requested to relocate the facility to a new location that was determined to be in a V-Zone.  In accordance with Title 44 Code of Federal Regulations (CFR) §9.11(d)(1), Mitigation, which prohibits new construction in a V-Zone, FEMA denied the Applicant’s request.  In order to resolve issues with several proposed projects, FEMA has reexamined proposed relocation sites in Cameron Parish.  On July 13, 2010, FEMA determined that the Applicant’s proposed site for the Johnson Bayou Fire Station is not in a V-Zone.

Issue:             Is the proposed site in a V-Zone or Coastal High Hazard Area?

Finding:          No.  

 

Rationale:         44 CFR §9.11(d)(1), Mitigation; Executive Order 11988, Floodplain Management

 

Appeal Letter

December 23, 2010

 

 

 

 

Mark DeBosier

Deputy Director, Disaster Recovery

State of Louisiana
Governor’s Office of Homeland Security and Emergency Preparedness

7667 Independence Boulevard

Baton Rouge, LA 70806

 

Re:  Second Appeal–Cameron Parish, PA ID 023-99023-00, Johnson Bayou Fire Station,

        FEMA-1607-DR-LA, Project Worksheet (PW) 3441

 

Dear Mr. DeBosier:

 

This is in response to your letter dated May 13, 2010, which transmitted the referenced second appeal for Cameron Parish (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny the relocation of the Johnson Bayou Fire Station.

On September 24, 2005, high winds, flooding and debris generated by Hurricane Rita damaged the Johnson Bayou Fire Station.  The building was inundated with seven feet of water.  As a result, the building’s walls, flooring, cabinetry, doors, mechanical and electrical equipment, and utility systems were damaged.  In accordance with Response and Recovery Policy 9524.4, Eligibility of Facilities for Replacement under 44 CFR 206.226(d)(1) (The 50% Rule), FEMA determined that the facility was eligible for replacement.  On January 14, 2009, the Applicant requested to relocate the fire station to a more central location to allow for improved emergency response.  FEMA denied the Applicant’s relocation request on May 11, 2009, because the proposed location was in a coastal high hazard area or Velocity Zone (V-Zone).  In accordance with Title 44 Code of Federal Regulations (CFR) §9.11(d)(1), Mitigation, new construction is prohibited in a V-Zone.  The Applicant reiterated its request in its first appeal, submitted on June 29, 2009.  The Regional Administrator reaffirmed that new construction is prohibited in a V-Zone and denied the appeal on December 4, 2009. 

In its second appeal, submitted March 17, 2010, the Applicant restated its request to relocate the facility.  The Applicant challenged FEMA’s interpretation of Executive Order 11988, Floodplain Management.  The Applicant also argued that the Digital Flood Insurance Rate Map (DFIRMs), that showed the proposed location in a V-Zone, does not provide the best information available.  The proposed location was previously classified as an AE Flood Zone.  However, the March 2008 Preliminary DFIRM classified the location as a V-Zone. FEMA’s determination that new construction is prohibited in a V-Zone is consistent with 44 CFR §9.11(d)(1), Mitigation and with FEMA’s implementation of Executive Order 11988. 

Following the submission of the Applicant’s second appeal, FEMA reexamined the proposed location and its flood zone designation.  On July 13, 2010, FEMA determined that the proposed location is in an AE Zone rather than a V-Zone.  While AE Zones are in the floodplain, new construction in an AE Zone is not prohibited.

Accordingly, I am granting the Applicant’s second appeal request to relocate the facility to its proposed location.  By copy of this letter, I am informing the Regional Administrator of my determination in order for him to implement this decision.

Please inform the Applicant of my decision.  This determination constitutes the final decision on this matter as set forth in 44 CFR §206.206, Appeals.

Sincerely,

/s/

Elizabeth A. Zimmerman

Deputy Associate Administrator
Office of Response and Recovery

cc:      Tony Russell

 Regional Administrator

 FEMA Region VI