Rep. Panetta Leads Letter to FEMA in Support of Emergency Repairs Reimbursement for Monterey County

Monterey, CA – United States Representative Jimmy Panetta (CA-19) wrote a letter to the Federal Emergency Management Agency (FEMA) in support of Monterey County’s appeal of the agency’s decision to deny more than $1.5 million in reimbursements for the County’s emergency road and culvert repairs following the 2020 Carmel Fire.  Rep. Zoe Lofgren (CA-18) joined Rep. Panetta as a signatory of the letter. 

The 2020 Carmel Fire, a federally declared disaster, burned a total of 6,905 acres, destroying 73 structures and damaging seven more.  The fire burned hot enough to make soils water-repellant, therefore increasing runoff, and causing road culverts to warp.  Monterey County conducted emergency repair and replacement of culverts and guard railings on Cachagua Road due to ongoing risks to the community.  FEMA has determined that repairs made to the damaged Cachagua Road were not eligible for reimbursement due to Endangered Species Act (ESA) violations. 

“We believe this determination fails to take into consideration the exigent circumstances under which repairs were made and the lack of impact on any species following the fires’ destruction,” wrote the lawmakers.  “Fundamentally, in executing these repairs in a judicious manner, the County worked under exigent circumstances to save life and property.  These actions proved prescient, given the storms that struck the area shortly after the fires.  Without quick County action, the damages from the storms would have been far worse, closing roads and cutting off access to communities, and likely resulting in even larger FEMA reimbursement claims.”

Monterey County’s repairs to Cachagua Road have sustained through two severe weather events, the 2021 atmospheric rivers as well as the 2023 winter storms, keeping this road open despite mudslides and landslides.

The full letter can be found here and below.

Dear Administrator Criswell: We write regarding Monterey County’s (County) and the California Governor’s Office of Emergency Services’ (Cal OES) appeal of the Federal Emergency Management Agency’s (FEMA) determination to deny Public Assistance (PA) funding of $1,503,924.62 for Project Number (PN) 165078 (enclosed), and their request that FEMA reimburse the County without delay. In making emergency road and culvert repairs following the 2020 Carmel Fire, the County was working under exigent circumstances and, according to the county, their actions posed little to no threat to endangered species. We believe that denying these reimbursements ignores the facts that repairs were made under a categorical exemption under the California Environmental Quality Act (CEQA) and did not impact any federal waterways.

The 2020 Carmel Fire, a federally declared disaster, burned a total of 6,905 acres, destroying 73 structures and damaging 7 more. The fire completely razed the community of Sky Ranch, and virtually all vegetation was burned to ash. It burned hot enough to make soils water-repellant, therefore increasing runoff, and caused road culverts to warp. County Public Works, given the nature of the emergency, immediately began repairs and replacement of culverts and guard railings on Cachagua Road, the only County-maintained road into and out of the area. Work began before the FEMA declaration was made, due to ongoing risks to the community.

This quick work proved wise, as the 2021 atmospheric river events caused large mud flows in the area. While these flows washed out other roads, including parts of Highway 1, mud flows in the Carmel Fire-burned area did not wash out Cachagua Road because of the work done by the County. Had it not been for the County’s immediate repairs after the fire, the road would likely have been compromised, potentially becoming impassable. The post-fire repairs also held up during the January 2023 and March 2023 winter storms, as the road remained open even amidst landslides.

Unfortunately, FEMA has determined that repairs made to the damaged Cachagua Road were not eligible for reimbursement due to Endangered Species Act (ESA) violations. However, we believe this determination fails to take into consideration the exigent circumstances under which repairs were made and the lack of impact on any species following the fires’ destruction.

The County’s appeal includes evidence that a categorial exemption to CEQA was filed given a state emergency, and that work was not performed in a “blue line” or named river, as culverts repaired and replaced on the road right-of-way do not convey flows from rivers. According to the county, no endangered species or Environmentally Sensitive Habitat Area (ESHA) were visible in these burn areas, and given the destruction the fire caused, there is little chance of any species survival in the burn area.

Fundamentally, in executing these repairs in a judicious manner, the County worked under exigent circumstances to save life and property. These actions proved prescient, given the storms that struck the area shortly after the fires. Without quick County action, the damages from the storms would have been far worse, closing roads and cutting off access to communities, and likely resulting in even larger FEMA reimbursement claims.

Given these facts, we urge you to give the County’s appeal your full and fair consideration consistent with applicable law, rules, and regulations.

Thank you for your consideration, and please do not hesitate to reach out to our offices with any questions

Sincerely,

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