Summary: The heavy rains associated with DR-1044 resulted in high flood flows within Dry Creek in the City of Roseville, California. The flows washed out the base of an existing gabion wall causing it to pull away from the bank and sloughing occurred along the bank above the wall. FEMA approved DSR 11935 for $31,617 for the restoration of the bank, including 130 cubic yards (cu yd) of gabions, riprap fabric, 867 cu yd of backfill, and reseeding of the backfill slope. Based on a low bid for the repairs, the City requested supplemental funding for additional repairs to meet codes and standards, including an additional 390 cu yd of gabions. During review of the supplemental request it was determined that $58,500 of the bid constituted an improvement to the pre-disaster condition. FEMA also determined that the repairs originally identified were necessary as a direct result of the disaster and approved DSR 16969 (to replace DSR 11935) for a total of $66,983 for 130 cu yd of gabions and bank repairs. Subsequently, FEMA determined that the repairs were completed without fulfilling the procedural requirements of NEPA and Environmental Policy Memorandum #3 and prepared DSR 11081 to de-obligate DSRs 11935 and 16969. In the second appeal, the City is requesting re-obligation of DSR 11081 and $58,500 for additional gabion repairs. The City contends that the additional repairs were necessary to meet Caltrans' Highway Design Manual (HDM) requirements, which was adopted by resolution as the City's codes and standards. In the second appeal transmittal, the Disaster Recovery Manager indicates Environmental Policy Memo #3 was misapplied.
Did the SOW of the original DSR (11935) replace the pre-disaster condition in-kind?
Are the original gabion repairs eligible for funding?
Are any of the additional gabion repairs mandated by an applicable code and standards?
Yes. The SOW of DSR 11935 replaced the pre-disaster condition in-kind and the Region states the project qualifies for a Catex.
Yes. Based on the low bid, DSR 16969 (which replaced DSR 11935) provided funding for repair of the damages originally identified as a direct result of the disaster. $66,983 for 130 cu yd of gabions and 867 cu yd of fill is eligible for funding.
No. Although the HDM was adopted as City code by resolution, the HDM is discretionary and does not uniformly apply to this type of repair. Additional repairs beyond those originally identified constitute an improvement to the pre-disaster condition.