To be eligible; emergency work must eliminate or lessen immediate threats to lives; public health or safety; or threats of significant additional damage to improved public or private property in a cost-effective manner. An immediate threat is a threat of additional damage or destruction from an incident that can reasonably be expected to occur within five years of the declared incident. The burden to substantiate appeals with documented justification falls exclusively to the applicant and hinges upon the applicant ability to not only produce its own records; but to clearly explain how those records support the appeal.The Applicant has not demonstrated that the proposed work on the natural feature must be done to eliminate or lessen an immediate threat of significant additional damage to improved property in a cost-effective manner.The Applicant has not demonstrated that the proposed river embankment repairs and improvements are required to eliminate or lessen an immediate threat to improved property in a cost-effective manner. Therefore; this appeal is denied.
HeadnotesTo be eligible; emergency work must eliminate or lessen immediate threats to lives; public health or safety; or threats of significant additional damage to improved public or private property in a cost-effective manner. An immediate threat is a threat of additional damage or destruction from an incident that can reasonably be expected to occur within five years of the declared incident. The burden to substantiate appeals with documented justification falls exclusively to the applicant and hinges upon the applicant’s ability to not only produce its own records; but to clearly explain how those records support the appeal.The Applicant has not demonstrated that the proposed work on the natural feature must be done to eliminate or lessen an immediate threat of significant additional damage to improved property in a cost-effective manner.ConclusionThe Applicant has not demonstrated that the proposed river embankment repairs and improvements are required to eliminate or lessen an immediate threat to improved property in a cost-effective manner. Therefore; this appeal is denied.