Appeal Summary | Appeal Letter | Appeal Analysis | Back
Second Appeal Summary
PA ID# 083-42524; City of Lompoc
DSR ID# 1994,783831,83832 ; Water Main Restoration
Citation: FEMA-1046-DR-CA; City of Lompoc; DSRs 19947, 83831, 83832
Cross Reference: Slope Stabilization, Landslide Policy, Relocation Projects
Summary: During the winter storms of 1995, a landslide occurred within a natural hillside, upslope of the San Miguelito Creek. The slide exposed approximately 15 linear feet of an 8-in. diameter water main built into the hillside approximately 45 feet above the creek. Other than undermining the support of the pipe, no specific damage to the pipe was reported. DSR 19947 was prepared in the amount of $4,760 to provide permanent restoration of the pipe by replacing the undermined section 10 feet into the hillside, within the existing easement. The applicant submitted a first appeal of this scope of work stating that significant additional costs are associated with this scope of work, including engineering design and environmental studies, purchase of private property, and access issues. The applicant requested that FEMA fund their proposed relocation project which involved relocating 6,200 linear feet of pipeline along San Miguelito Road at an estimated cost of $150,000. FEMA denied the first appeal on that basis that the eligible scope of work was both technically and economically feasible. However, DSR 19947 was deobligated with DSR 83831, and DSR 83832 was prepared with a similar scope of work but increased to include funding for mobilization of equipment. The total eligible cost of DSR 83832 was $5,960. The applicant's second appeal again requests consideration of the relocation project, asserting that relocation is the only was to restore the pipe to its predisaster condition. The current estimate for the relocation project is $157,000.
- Is slope stabilization eligible for FEMA assistance?
- Is the proposed relocation of the pipeline eligible for FEMA assistance?
- Yes. The slope failure was caused primarily by the disaster. Stabilization of the slope is eligible to the extent necessary to reconstruct the pipeline. A supplemental DSR will be prepared to provide funding for such stabilization.
- No. Sufficient information is not available to support relocation of 6,200 lf of pipeline in lieu of replacing the damaged 15 ft. section within the existing easement. Evidence of "repetitive damage" has not been demonstrated.
Rationale: Slope failures within natural hillsides which are caused primarily by the disaster are eligible for restoration to the extent that they provide support to an eligible facility. For relocation projects to be eligible, the facility at its original location must be subject to repetitive heavy damage, the project must not be barred by other provisions of 44 CFR, and must be cost effective.
Stafford Act Section 406, 44CFR