Appeal Summary | Appeal Letter | Appeal Analysis | Back
Second Appeal Summary
PA ID# 001-91010; East Bay Regional Parks District
DSR ID# 17820; Anthony Chabot Park Embankment Failure
Citation: Appeal Brief; Second Appeal; East Bay Regional Parks District; FEMA-1044-DR-CA; PA #001-91010
Cross Reference: DSR 17820; Improved Project; Embankment Erosion; Landslide
Summary: Following heavy rains in January 1995, runoff eroded a slope and damaged a 30" culvert near the Skyline Stables, just above Redwood Road in Anthony Chabot Park. FEMA prepared DSR 15127 for $57,521 for stabilization of the slope, construction of a drainage system, and replacement of the culvert. Upon review the DSR was found ineligible and the project was referred to the FHWA because the damage site was adjacent to Redwood Road. FHWA denied funding because the road did not sustain damage. FEMA prepared DSR 70840 for $11,939, with a reduced scope of work, eliminating the slope stabilization and drainage system. The applicant claimed that the stabilization and drainage system were not improvements over pre-disaster condition. FEMA prepared supplemental DSR 17820 for $35,781 to regrade the hillside, replace the damaged culvert and hydroseed the slope for erosion control. The supplemental DSR increased the amount obligated to $47,720. After awarding a low bid construction contract of $43,621, the applicant issued a change order increasing the contract total to $71,033. The applicant claims total expenditures of $86,313 and requests FEMA prepare a supplemental DSR. To date, the applicant has not provided sufficient information describing the pre-disaster condition of the drainage system or a detailed description of the work completed.
Issues:Should the stabilization of the hillside and construction of a new drainage system at this site be eligible for additional FEMA funding?
Findings:No. The applicant has not provided sufficient information to justify an 80% overrun in total cost. Federal funding for improved projects is limited to restoration of the eligible facility to pre-disaster condition.
Rationale:44 CFR 206.226 and 44 CFR 206.203 (d)(1) and 44 CFR 206.206