Restoring the pre-disaster carrying or storage capacity of engineered channels may be eligible, but only if the Applicant provides documentation to establish: 1) the pre-disaster capacity of the facility; and 2) that the Applicant maintains the facility on a regular schedule. The Applicant has not substantiated the pre-disaster capacity of the Facilities, or that they were regularly maintained. Debris removal from waterways that is necessary to eliminate the immediate threat to life, public health and safety, or improved property is eligible for PA funding. Removal of debris in a waterway that does not meet this criterion is not eligible, even if the debris is deposited by the incident. The Applicant has not substantiated through documentation that the work was required to eliminate an immediate threat to life, property or public health and safety.

The waterway debris removal work for Damage Line Items (DI) 350151, 350152, 350153 is ineligible as the Applicant has not demonstrated: (1) the basis for the immediate threat determination; or (2) the debris claimed was deposited by the incident and was not pre-existing. Further, the permanent work to DI 350150, a water control facility, is ineligible as the Applicant has not provided documentation to establish: (1) the predisaster capacity of the facility; or (2) that the Applicant maintains the facility on a regular schedule. Therefore, this appeal is denied.

Stafford Act § 406, 407. 44 C.F.R. §§ 206.221(c), 206.223(a)(1), 206.224(a). PAPPG at 9, 19-20, 42-43, 52-53, 117, 133. Republic Cnty. Highway Dep’t, FEMA-4230-DR-KS, at 3, Brunswick, FEMA-4451-DR-MO, at 3.