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Second Appeal Summary
PA ID# 000-92003; Virginia Department of Transportation
DSR ID# 80396; Burma Road
Citation: FEMA-1059-DR-VA, Virginia Department of Transportation, DSR 80396
Cross -Reference: Landslide, Disaster Related Damages
Summary: The slope supporting Burma Road was damaged during FEMA-1059-DR-VA. DSR 70669 was written in the amount of $873,191. The eligible scope of work included the repair of 250 feet of pavement cracks and slope stabilization through the installation of pin piles at the top of the slope and gabions at the toe of the slope. VDOT decided to switch from the recommended pin pile and gabion repair design, to a tieback retaining structure. This decision was based on survey data and slope stability analyses that showed a crack length of 330 feet at the end of October 1995. VDOT determined that the tieback system combined with a regrading of the slope above the tieback would reach a similar result as the FEMA approach, but at a lower cost. In early 1996, the slope continued to move and the crack length had reached 450 feet. During September of 1996, Hurricane Fran caused additional slide activity. As a result of a site inspection, DSR 63171 was written to document the damage but denied any additional funding.. The DSR noted that the roadway above the slide was completely destroyed and that a significant volume of material slid down over the ongoing repair work. The DSR noted that any changes to the ongoing repair work would have to be addressed under the final closeout process under FEMA-1059. As a result of a final inspection during closeout, DSR 80396 was written in the amount of $407,685. The scope of work included costs associated with installation of a socketed soldier pile wall with tiebacks for a length of 250 feet. This brought the total eligible costs to $1,280,876. VDOT submitted their first appeal on August 22, 1997. VDOT requested an additional $1,428,604 based on actual costs. The Regional Director denied the first appeal because the applicant had failed to expedite the emergency project and properly protect the site which resulted in further damage that can not be reasonably attributed to the declared event. VDOT submitted their second appeal. They again request $1,428,604. Their claim is they had taken all measures to protect the site and they had started construction in a timely manner.
- Did the applicant proceed in a timely manner to start repair work?
- Did the applicant take all feasible measures to protect the site from further damage?
- Yes. Construction was delayed by geologic investigations and severe weather.
- Yes. The applicant filled and sealed the voids in the road in the fall of 1995.
Rationale: In accordance with FEMA policy, additional costs that can be directly tied to the performance of eligible work are eligible.