County rushed to clear culverts after 2020 Carmel Fire; it’s unclear they’ll get reimbursed.

In August 2020, in wake of the Carmel Fire, the County of Monterey hurried to clear culverts along Cachagua Road, much of which was burned over in that fire.

The County Board of Supervisors had already approved a major disaster declaration with respect to that fire and the nearby River Fire. Such a declaration is intended to expedite work on the ground by, in theory, removing a lot of bureaucracy and environmental review, It also comes with the hope of reimbursement from the Federal Emergency Management Agency.

But with respect to the county’s work on the road to clear the culverts – work the cost about $1.5 million – FEMA denied the county’s request for reimbursement in September, citing concerns about a lack of environmental review for impacts on California tiger salamander and California red-legged frog, both of which are protected under the Endangered Species Act.

County Public Works Director Randall Ishii wrote a letter in October to the California Office of Emergency Services, asking for help urging FEMA to reconsider. In early December, Ryan Buras, deputy director of OES, wrote to FEMA asking them to do just that, stating: “Because the USFWS does not typically consider roads as critical habitat for endangered species, consultation with the USFWS prior to the start of work was not needed. Finally… the work was performed around dry, ephemeral watercourses not considered Waters of the United States, therefore FEMA [environmental] reviews prior to the start of work were not required.”

On Dec. 22, U.S. Reps. Jimmy Panetta, D-Carmel Valley, and Zoe Lofgren, D-San Jose, added to that with a joint letter to FEMA reiterating the request.