Although NEPA review does not apply to disaster recovery actions, an applicant must obtain all required EHP permits from appropriate agencies before proceeding with emergency work. Under USACE Regional General Permit 63, the Applicant was required to notify USACE of its intent to perform debris removal in Carpinteria Creek prior to beginning the work. USACE confirmed that the Applicant did not provide such notification.

The Applicant did not comply with applicable Federal environmental laws and their implementing regulations prior to performing the emergency debris removal work in Carpinteria Creek, which is a requirement for receiving federal assistance. Accordingly, the second appeal is denied.

Stafford Act § 316 National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq. 33 C.F.R. Parts 320–332 PAPPG, at 43-44