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Second Appeal Summary
PA ID# 053-00000; Monterey County Department of Public Works
DSR ID# 98809; Garin Road Landslide
Citation: FEMA-1155-DR-CA; Monterey County DPW, DSR 98809, Garin Road Landslide
Geotechnical Study, Immediate Threat, Emergency Protective Measures
Summary: As a result of the 1996/1997 winter storms, a landslide occurred within the privately owned upslope hillside of Garin Road. The Monterey County DPW requested funding for a geotechnical study to evaluate the condition of the slope and recommend repairs. The FEMA inspector prepared Category G DSR 98808 for $4,800 to fund the study, however, the FEMA reviewer determined that as private property, the hillside was not eligible for restoration, such that a study to recommend associated repair efforts would also not be eligible. The subgrantee submitted a first appeal asserting that the condition of the hillside posed a threat to the roadway and adjacent residences, and therefore a geotechnical study to assess the potential threat should be eligible. The Acting Regional Director concluded that as the hillside is privately owned, and therefore not an eligible facility, funding could not be provided to assess the stability of the slope. Additionally, the Acting Regional Director determined that there was not sufficient evidence to support that the condition of the slope posed a threat to the roadway or the adjacent residences, such that there was no basis to fund a geotechnical study as part of emergency protective measures. The subgrantee's second appeal again states that the purpose of the geotechnical study was to assess the threat posed by the hillside on Garin Road, not for repair of private property. The completed geotechnical study, dated May 20, 1997, is provided in support of the appeal.
Issues: 1) Is the geotechnical study eligible for funding?
Findings: 1) The failed hillside is privately owned. The documentation provided with the second appeal does not support that the condition of the failed hillside posed an immediate threat to the roadway or the adjacent residences. Further, the completed geotechnical report did not specifically address the potential for further movement of the hillside and the recommended repair methods were permanent in nature, exceeding the intent of emergency work.
Rationale: Private property is only eligible for emergency work funding, and only if the condition of site poses an "immediate threat" of additional damage to improved public or private property. 44 CFR 206.221(c) Immediate Threat, 44 CFR 206.225 Emergency Work