Restoring the pre-disaster storage capacity of sediment basins may be eligible, but only if the Applicant provides documentation to establish the pre-disaster capacity of the facility and the Applicant maintains the facility on a regular schedule. The applicant did not provide documentation to establish the pre-disaster capacity of the sediment basin or indicate that it maintains the facility on a regular schedule. For work to be eligible, it must be required as a direct result of a declared disaster. The Applicant did not provide information to determine the predisaster condition of the dam or its foundation that would demonstrate damages were a direct result of the disaster. FEMA is required to consult with Federal, State, Territorial, and Tribal government resource agencies prior to the start of construction for any permanent work project. These agencies may include the U.S. Fish and Wildlife Service (USFWS) for impacts to endangered species. The Applicant did not consult with the USFWS regarding a potential endangered species area prior to completing the sediment removal work.

The Applicant did not provide documentation demonstrating the predisaster capacity and maintenance of the sediment basin, or the condition of the dam foundation, nor did it allow FEMA the opportunity to conduct the proper EHP reviews prior to completing the work for sediment removal. The appeal is denied.

Stafford Act §§ 406(a), (e). 44 C.F.R. §§ 206.223(a)(1), 206.226. PAPPG, at 20, 87, 118. Puerto Rico Aqueduct and Sewer Authority, FEMA-4017-DR-PR, at 7 (Mar. 16, 2016). North Wilkesboro, FEMA-4153-DR-NC, at 5 (Aug. 17, 2016)