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Second Appeal Summary
PA ID# 085-00000; Santa Clara County
DSR ID# 17822; Repair of an Eroded Slope Adjacent to Stevens Canyon Road
Citation: FEMA-1046-DR-CA, Santa Clara County, DSR 17822
Cross Reference: Integral Ground, Pavement Cracking, Erosion
Summary: The winter storms in March of 1995 caused flooding in Santa Clara County, California. DSR 17822 (Category C) was prepared for $6,550 for restoration of a slope adjacent to Steven's Canyon Road that was eroded during the disaster. The DSR was determined ineligible because the slope repair was not considered integral ground restoration under FEMA's landslide policy. The subgrantee submitted a first appeal contending that the work described in the DSR was eligible because it was for erosion repair, rather than landslide repair. The first appeal was denied because the eroded ground was not integral to the support of the pavement, and that, therefore, no damage occurred to the facility due to the disaster. Furthermore, the subgrantee did not adequately demonstrate that reported pavement cracking was caused by the disaster. The subgrantee's second appeal does not provide any additional information.
- 1) Did the eroded ground provide necessary lateral support of the pavement?
- 2) Can pavement cracking be related to loss of shoulder support?
- No. There is at least 3 feet of nearly horizontal ground between the pavement and the top of the eroded slope, which is adequate for lateral support.
- No. The County did not provide information on the nature or location of pavement cracking, or that relates the cracking to loss of shoulder support.
Rationale: Ground that is not necessary for the support of a facility is not considered to be part of the facility. Therefore, the restoration of such ground is not eligible for Public Assistance funding under the Stafford Act.