Amesti Road Water Main

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1046-DR
ApplicantCity of Watsonville
Appeal TypeSecond
PA ID#087-83668
PW ID#21293
Date Signed1999-01-04T05:00:00
Citation: FEMA-1046-DR-CA; City of Watsonville; DSR 21293 - Amesti Road Water Main

Cross Reference: Water Main, Eligible Damage, Landslide;

Summary: A landslide eliminated a 100-foot section of Amesti Road in Santa Cruz County (County) California, which undermined and exposed 20 feet of a 10-inch water main owned by the City of Watsonville (City). Water flow through the main was ordered shut-off by the County to prevent the pipe joints from failing and causing further slope damage. DSR 21293 was prepared for $99,686 proposing to replace 1800 feet of water main in the existing location during restoration of the roadway. Water was supplied temporarily through an existing bypass loop that was insufficient for a permanent service. During eligibility review, FEMA Region IX reduced the DSR to $3,755 for the temporary bypass only, ruling that permanent replacement of 1800 feet of the water main was ineligible. The Region contended that the pipe itself was not damaged, and that the hillside that failed was a natural slide and was not eligible for permanent restoration. The City submitted a first appeal stating that it had been unable to use the main, because the County had not restored the road and had continued to prohibit use of the line. The City asserted that total loss of use of the main due to the slide, was disaster-related, and should be eligible for replacement/relocation. In its denial of the first appeal, the Region stated that the pipeline was not damaged or separated as a result of the slide and was "fully functional after the disaster event." The Region further asserted that it could not consider the fact that the County prohibited use of the pipeline due to the instability of the hillside, as the basis for eligibility. In addition, the County's decision not to stabilize the hillside and repair the road is the reason for the loss of use of the pipeline, not the disaster itself. In its second appeal, the City states that a "viable and functioning pipeline system consists of more than the pipe material itself.it includes the trench, pipe bedding, and engineered backfill." The City further asserts that the slide exposed the pipeline, clearly representing a damaged and unusable pipeline facility. The City is requesting $99,686 for an improved project, to relocate the pipeline away from the Amesti Road problem area.

Issues:
  1. Was the water main and its supporting components damaged by disaster DR-1046?
  2. Because a landslide caused the damage, and the County has no plans to restore the road, is the water main restoration eligible for FEMA funding?
Findings:
  1. Yes. The main was exposed/undermined for 20 feet, and the trench, supporting backfill, and cover, which are part of the pipeline facility, were lost for 100 feet as a result of a slide caused by disaster rains.
  2. Yes. Damage that occurred as a result of a declared disaster is eligible for permanent restoration. If the roadway is not scheduled for restoration, funding to cover the damaged portion of the pipeline (20-ft. undermined section), and waterline trench, backfill, and cover (100-ft. section) are eligible to be applied to an improved project (relocation).
Rationale: Pursuant to 44 CFR 206.223 an item of work is eligible if it is the responsibility of an eligible applicant and occurs as the result of a declared disaster.

Appeal Letter

January 4, 1999

Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Assistance Program Branch
Public Assistance Section
Post Office Box 419023
Rancho Cordova, California 95741

Dear Mr. Christian:

This letter is in response to your July 9, 1998, submittal of the City of Watsonville's (City's) second appeal of Damage Survey Report (DSR) 21293 to the Federal Emergency Management Agency (FEMA) under FEMA-1046-DR-CA. The DSR was initially prepared for $99,686 to fund total reconstruction (1800 feet) of an exposed and undermined water main that was damaged when 100 feet of Amesti Road slid away. Only 20 feet of the pipe itself was exposed and damaged. During eligibility review, FEMA Region IX reduced the DSR to $3,755 for a temporary surface pipeline, ruling the replacement project ineligible after deciding that the water main itself had not been damaged, and was not eligible. The Region denied the City's first appeal, stating that it was the County's decision not to restore the embankment that was the reason for the loss of use of the water main, and not the disaster itself. The City has appealed a second time, requesting the original amount on the DSR ($99,686), to be used for the relocation of the water main away from the slide area. The City asserts that the trench, cover, and engineered backfill are an integral part of the pipeline facility, and were damaged as a result of the disaster, making them eligible for FEMA funded restoration.

After a review of the second appeal and all submitted documentation, I find partially in favor of the City in its appeal for funding of restoration of the damaged portion of the water line, but not for complete replacement/relocation of the main. Replacement of the exposed portion of the water main and the eroded section of the water main's trench are both eligible for restoration, because a fully undermined section of bell-jointed pipeline must be re-installed, and the pipeline trench itself is part of the facility. In addition, 100 feet of trench cover, lost in the slide, is eligible for replacement. Total replacement of 1800 feet of the water line is not eligible for funding, because the damage was limited to the slide area itself. The fact that the County was not initially planning to restore the road cannot be considered as "damage" to the remaining segment of the line. Therefore, since the County has now decided to restore the hillside, restoration of the exposed section of the water main, and the length of trench cover and bedding that were lost in DR-1046 are eligible for FEMA reimbursement. These funds may be applied by the City toward replacement of the water line within the stabilized hillside/roadway bed. Thus, for the above reasons, the appeal is partially granted for an additional $7,194 in funding as detailed in the enclosed cost estimate summary, bringing total eligible funding for the restoration to $10,949.

By copy of this letter I request that the Regional Director prepare a supplemental DSR for $7,194 to fund restoration of the damaged portions of the water main and the engineered trench. Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.

Sincerely,

/S/

Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

Enclosure

cc: Martha Z. Whetstone
FEMA Regional Director
Region IX
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