Appeal Summary | Appeal Letter | Appeal Analysis | Back
Second Appeal Summary
PA ID# 013-92100; Contra Costa County Public Works Department
DSR ID# 28395,11054,28398,11007; San Ramon Creek
Citation: FEMA-1044-DR-CA; Contra Costa county Public works Department, San Ramon Creek, DSRs 28395/11054 and 28398/11007
Cross Reference: Eligible Codes and Standards
Summary: The winter storms of 1995 (FEMA-1044-DR-CA) eroded portions of the earth banks of San Ramon Creek. The FEMA inspector prepared DSRs 28395 and 28398 to repair the slopes in accordance with the subgrantee's earth slope repair policy (Policy), which requires repair with riprap slope protection. The FEMA reviewer concluded that the Policy was not an eligible code or standard, and limited the scope of work to restoring the slope to its predisaster condition with soil fill. However, during eligibility review, it was concluded that San Ramon Creek meets the USACE's definition of a flood control work (FCW), and the DSRs were found ineligible. The subgrantee submitted a first appeal, asserting that the creek was not an FCW, and requesting the repair method per their Policy be found eligible. The Regional Director found that Pine Creek was not an FCW, and prepared supplemental DSRs 11054 and 11007 to fund repair of the slopes, limiting the scope of work to repair with soil fill (pre-disaster condition). The second appeal requested that the eligible scope of work include repair with riprap per their Policy, plus associated dewatering and engineering costs.
- Is the subgrantee's repair policy an eligible code?
- Is repair with riprap an eligible method of repair?
- No. The Policy is found to be ineligible primarily because it does not provide objective criteria for when and how the subgrantee's official determines when a particular construction method must be used.
- Yes. The general method of repair utilizing riprap is found to be a reasonable scope for repair, and dewatering is considered necessary to facilitate the construction. Additionally, engineering efforts are also considered eligible for this scope of work.
Rationale: 44 CFR 206.226(b) Standards