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Second Appeal Summary
PA ID# 085-00000; Santa Clara County
DSR ID# 17813; Stevens Canyon Road
Citation: FEMA-1046-DR-CA; PA ID 085-00000; DSR 17813.
Cross Reference: Winter storm and flooding; road and culvert damage;
Summary: FEMA wrote DSR 17813 for $1,563 on 10/26/95 to describe the County's proposed method of repairing the upstream culvert running under the Stevens Canyon Road. The DSR was reviewed and determined ineligible because a headwall and wingwalls that did not exist prior to the disaster, and the cost was reduced to $100. The County appealed stating that it did the repair work consistent with the scope of work in the DSR, but at a cost of $35,609. Also, it proceeded with the work because it was unaware that FEMA determined the DSR ineligible. The Disaster Recovery Manager denied the first appeal for the same reasons as previously. The County submitted a second appeal. OES did not support the applicant's claim for $35,609 in repair costs. However, OES did not consider $100 on the DSR to be reasonable. It proposed a repair consisting of extending the input pipe by 6 feet, surrounding it with large rocks and rip rap at a cost of $3,700.
Issue: Should FEMA grant the applicant's appeal for funding the repairs?
Findings: No. The applicant unilaterally decided on an improved project and did not seek the State's approval. It also did not submit its plans to FEMA for a determination of whether the work complied with the NEPA regulations. FEMA agrees with the State's recommendation that the work required exceeds $100, but not that its estimated cost is $3,700. A modification indicates that $1,600 is more reasonable for the repairs and this amount will be authorized for the applicant to apply towards its completed improved project.
Rationale: 44 CFR 206.226 states that work to restore eligible facilities on the basis of the design of the facility as they existed immediately prior to the disaster is eligible. 44 CFR 206.223 further states that the subgrantee may make improvements while preserving the predisaster function. In that case, funding is limited to the federal share of the approved project.