Appeal Summary | Appeal Letter | Appeal Analysis | Back
Third Appeal Summary
PA ID# 013-92100; Contra Costa County Public Works Department
DSR ID# 28371,20354,29675,28372,20356,29678; Pine Creek
PURPOSE: Respond to third appeal of the Contra Costa County Public Works Department for permanent restoration of Pine Creek.
DISCUSSION: The winter storms of 1995 (FEMA-1044-DR-CA) eroded portions of the earth banks of Pine Creek. The FEMA inspector prepared DSRs 28371 and 28372 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 Pine 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 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. However, the Executive Associate Director found again that Pine Creek is an FCW, and deobligated funding provided for in response to the first appeal. The subgrantee's third appeal asserts that Pine Creek is not an FCW, and asserts their Policy should be eligible. No documentation was provided with the appeal to demonstrate that Pine Creek is not an FCW. However, as it has been determined that flood control facilities damaged during the 1044/1046 disaster events, that were found ineligible based on the Federal Levee Policy, may be considered eligible facilities under the Public Assistance Program for these disasters, the scope of work for the appeal DSRs has been reviewed for eligibility for permanent restoration funding. Although it is found that the subgrantee's repair Policy is not an eligible standard, the general method of repair utilizing riprap is found to be a reasonable scope for repair. Associated engineering efforts are also considered eligible, estimated at 11% of the total eligible project cost. Supplemental DSRs should be prepared to fund the eligible scope of work as described in the enclosed analysis.
RECOMMENDED ACTION: Sign the letter granting this appeal.