Bear Creek

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1160-DR
ApplicantBear Creek Valley Sanitary Authority
Appeal TypeSecond
PA ID#009-91005
PW ID#60484
Date Signed1999-03-30T05:00:00
N/A

Appeal Letter

March 30, 1999

Ms. Abby Kershaw
State Coordinating Officer
Oregon Emergency Management
Oregon Department of State Police
595 Cottage Street NE
Salem, OR 97310

Dear Ms. Kershaw:

This letter is written in response to your letter dated January 20, 1999, which transmitted a second appeal from the Bear Creek Valley Sanitary Authority (BCVSA). The appeal pertains to Damage Survey Report (DSR) 60484, which involves repairing damage to the sides of Bear Creek that was caused by flooding during the period of December 26, 1996 to January 6, 1997 (FEMA-1160-DR-OR).

DSR 60484 was originally obligated for $3,579 on April 17, 1997. However, this did not account for all eligible work and DSR 26804 adjusted the eligible amount to $9,396 on September 8, 1998. This adjustment was treated as the applicant's first appeal. The actual cost for this project was $29,328. The $19,959 difference is due to a discrepancy between the quality of boulder used by BCVSA (Class 2000) and that used by FEMA to estimate the eligible cost (Class 700).

BCVSA submitted its second appeal on October 1, 1998. The second appeal claims that the boulders used to repair the sides of Bear Creek were appropriate from an engineering standpoint and were approved by the Oregon Department of Fish & Wildlife and Division of State Lands. However, BCVSA provides no information as to whether the smaller sized and more cost-effective boulder approved by FEMA would also have been approved by these other agencies. The smaller sized boulders (Class 700) were approved and used for other projects along Bear Creek.

In DSR 26804 FEMA inspectors commented, "the sub-grantee in this case has placed a more expensive slope protection than necessary to protect the facility and return it to the pre-disaster condition and function." I agree with this determination as no evidence to the contrary has been submitted. Therefore, I am denying the appeal. The project is only eligible for $9,396, as approved in supplemental DSR 26804.

Please inform the applicant of my decision. 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, which constitutes the final level of appeal in accordance with 44 CFR 206.206(e).

Sincerely,

/S/

Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

cc: David L. de Courcy
Regional Director
FEMA Region X
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