Hieatt Bottom Road
Appeal Brief
Appeal Letter
Appeal Analysis
Citation: FEMA-1163-DR-KY; Robertson County; DSR 63883 - Hieatt Bottom Road
Cross Reference: Eligible facility, natural features, emergency versus permanent repair
Summary: Robertson County is requesting funding for stabilization of an undeveloped hillside, located upslope of Hieatt Bottom Road, within which several landslides occurred during the March 1997 storms. Slide debris deposited on the roadway resulted in about 500 linear feet of roadway becoming impassible. Damage to the roadway was limited to clogging of the drainage ditch and disturbance to the roadway aggregate surface. The applicant proposed a method for restoring the failed slope, but suggested that the disaster related damage was so extensive that it would be less costly to relocate the road upslope of its present location. The Regional Director determined that permanent stabilization of the hillside was ineligible based on evidence that the hillside was unstable prior to the disaster. DSR 63883 was prepared as Category C, limiting eligible work to clearing of the debris from the roadway and drainage ditch, and replacing the disturbed surface aggregate. The applicant submitted a first appeal of this determination asserting that no significant disturbance of the hillside has occurred in the 100 years or more that the road has been in place, however, the Regional Director upheld the determination of ineligibility for slope restoration. The applicant's second appeal provided further documentation to support that the hillside previously showed no significant signs of instability, and stressed the importance of providing access to adjacent private properties. The applicant indicated that the disaster related condition of the hillside continues to pose a threat to the roadway.
Issues: Is the damaged hillside eligible for Public Assistance funding?
Findings: As a natural feature, the hillside is not eligible for permanent restoration. Eligible permanent work is limited to restoration of the roadway itself, which has been adequately provided for in DSR 63883. A limited geotechnical study (Category B) will be funded to determine if the disaster related condition of the hillside poses a threat to the roadway, and if so, to recommend appropriate emergency protective measures. Eligibility of emergency work will be evaluated based on the findings of the geotechnical study.
Rationale: Public Assistance for natural, unimproved hillsides is limited to debris removal activities and emergency protective measures in the event that the disaster related condition of the hillside poses an "immediate threat". Limited geotechnical analyses are eligible to determine if a threat is present and to recommend cost effective emergency protective measures. Permanent stabilization of a natural feature is not eligible. Stafford Act Section 403 and 406, 44 CFR 206.221, 206. 224, 206.225, 206.226
Due to the heavy rains that occurred in March of 1997, several slope failures occurred within an upslope natural hillside located adjacent to Hieatt Bottom Road in Robertson County (applicant). Slide debris deposited on the roadway resulted in about 500 linear feet of the road becoming impassable, limiting access to adjacent farming property and residences through adjacent private properties. The hillside and upslope properties are undeveloped, portions of which are privately owned and used for farming. Damage to the aggregate surface roadway is primarily limited to the deposition of debris within the drainage ditch and across the roadway, disturbing the surface aggregate. A small crack had been observed within a section of the roadway surface, but no evidence of any disaster related downslope movement has been reported to suggest that the support of the roadway has been affected.
On May 12, 1997, representatives from FEMA, the Kentucky Division of Disaster and Emergency Services (DES) and the applicant visited the site to inspect the damages. The applicant suggested that the disaster related damage to the roadway and adjacent slope was so extensive that consideration should be given to relocating the roadway upslope of its present location. The FEMA Inspector prepared DSR 63883 (Category C) in the amount of $454,790 to remove the slide debris from the roadway and restore the aggregate surface, and to stabilize the slope by means of excavation and replacement of the disturbed material. A hazard mitigation proposal (HMP) was included with the DSR to relocate the road through adjacent properties for a lesser cost of $409,810.
FEMA revisited the site on June 4, 1997, with Mr. Christopher Pridemore, a representative of the Geotechnical Branch of the Kentucky Department of Transportation (KDOT), to assess the geologic condition of the slope and roadway. Mr. Pridemore prepared a memorandum dated June 4, 1997, which stated that there were no apparent failures of the foundation of the roadway, such that correcting the cut slopes and regrading the road would restore the roadway. In addition, the memorandum stated that some evidence was found that a slope failure in this area had been occurring for many years. Therefore, during eligibility review for DSR 63883, FEMA determined that permanent stabilization of the hillside was ineligible on the basis that the hillside was unstable prior to the disaster. The eligible scope of work was limited to removal of debris across both lanes of the roadway, cleaning and shaping of the drainage ditch, and replacement of disturbed aggregate and associated roadway grading to restore the function of the roadway. Permanent stabilization of the hillside would be the responsibility of the applicant. DSR 63883 was obligated as Category C in the amount of $11,002.
It is understood that at this time, more than nine months after the disaster, no effort has been made by Robertson County to remove the debris from the roadway, such that the road remains impassible to normal vehicular traffic. Based on a conversation with Mr. Bob Osborne (DES), it is understood that, having been concerned that removal of debris at the toe of the slope would cause additional movement of the failed soil mass from the hillside, the applicant has abandoned the idea of repairing this site. Alternatively, the applicant has begun construction of the alternate road located at the top of the hill to provide both emergency access to the property owners as well as a permanent road. This roadway is scheduled to be completed within the next month or so.
First Appeal
In a letter dated June 23, 1997, DES submitted the applicant's first appeal of FEMA's determination to limit eligible funding due to a pre-existing unstable condition of the hillside. The applicant's letter stated that the road had been in existence for over 100 years without any serious problems, and that the failed slopes are continuing to move, posing a danger of additional slippage over the road. DES requested a geotechnical study to evaluate the site and to more conclusively determine the site stability and eligibility for disaster funding. The Regional Director responded to this request in a letter dated June 27, 1997, stating that the first appeal review confirmed the determination that the groundmass was unstable prior to the incident such that stabilization was not eligible for funding. The first appeal response further indicated that the June 4, 1997, site assessment by the Geotechnical Branch of KDOT was sufficient for determining the site's eligibility within the Public Assistance Program. No further geotechnical study was considered necessary. It was suggested that the applicant consider applying to the 404 Hazard Mitigation Grant Program for funding for the roadway relocation. The applicant's appeal was denied.
Second Appeal
The applicant filed a second appeal through DES in a letter dated July 31, 1997, again appealing FEMA's determination not to fund a permanent corrective action for the landslides and asserting that relocation of the road is necessary to provide a long term solution. The applicant stated that movement within the hillside is continuing, and that the lack of road access has severely handicapped the adjacent farmer in his operations. The applicant recognizes they have a legal obligation to maintain the road but stated that Robertson County does not have the resources to undertake the needed improvements without completely exhausting their road fund for the next few years. The applicant has provided documentation from various local officials and residents to attest to their position that the road was not previously unstable, and that the lack of access has created hardships to adjacent property owners. At the request of Governor Patton, a second site visit was made by a representative of the KDOT Geotechnical Branch to view the geologic condition of the site. A memorandum prepared by Mr. Michael Weitlauf (KDOT), dated September 5, 1997, stated that other than minor creeping, the hillside was stable prior to the disaster, concluding that the flood event was the primary factor that caused the slope failure.
DISCUSSION
The scope of repair initially presented on DSR 63883 was to perform permanent stabilization of the hillside. This scope was found ineligible for permanent restoration funding by the Regional Director on the basis that the slope failure was caused in part by a pre-existing unstable condition. However, our review of the project documentation focuses not on the issue of pre-existing condition, but rather on the fact that the landslide occurred within a natural, undeveloped hillside. Accordingly, our evaluation of the eligibility of a natural hillside for Public Assistance funding is provided below.
Eligibility of Permanent Restoration
Under section 406 of the Stafford Act, only damaged or destroyed "facilities" are eligible for permanent restoration funding. The term "facility", as defined by 44 CFR 206.201(c), means any publicly or privately owned building, works, system, or equipment, built or manufactured, or an improved and maintained natural feature. Further, 44 CFR 206.221 defines "improved property" as a structure, facility or item of equipment which was built, constructed or manufactured. Accordingly, as the hillside within which the landslides occurred does not meet the definition of an eligible "facility", permanent restoration of the slide area is not eligible for FEMA assistance. Such stabilization is the responsibility of the applicant.
FEMA assistance for permanent restoration for this project is limited to repair of the roadway itself. Based on the June 4, 1997, memorandum from the KDOT Geotechnical Branch, and a December 10, 1997, telephone conversatiootis understood that the support of the roadway has not been jeopardized by the disaster. Mr. Weitlauf indicated that no disaster related movement within the downslope hillside has been observed. Therefore, damage to the roadway is limited to blockage of the drainage ditch and disturbance of the aggregate surface material due to the deposition of the slide material. Accordingly, the scope of work provided in DSR 63883 is found to be adequate to restore the function of the roadway. No further permanent work is eligible for this project.
Eligibility of Emergency Work
According to the Stafford Act, FEMA assistance regarding disaster damaged private property and publicly owned natural features is limited to providing debris removal (Category A) and emergency protective measures (Category B) in the event that the condition of the hillside poses an "immediate threat" to life, public health or safety, or to improved public or private property, such as the adjacent road. Immediate threat is defined in 44 CFR 206.221(c) as a threat of additional damage or destruction from an event that can reasonably be expected to occur within five years. This means that the damage would occur due to a magnitude of flooding representative of a five year flood event. Such threats must be established through a geotechnical assessment. To be eligible, emergency protective measures are limited in scope to those efforts which specifically reduce the identified threat. It is noted that the intent of the emergency measures is to provide a temporary means of reducing the threat until permanent repairs are implemented. Examples of eligible emergency work to protect a roadway from upslope debris generally include temporary filling (buttressing) or fencing at the toe of the slope to prevent further movement of the failed soil mass toward the road, excavation of the failed mass material, and/or placement of erosion control fabric (plastic sheeting) over the slide area. As indicated above, permanent restoration, including overall slope stabilization, is the responsibility of the applicant.
According to the above analysis, eligible funding regarding the hillside is limited to debris removal from the road and ditch. Emergency protective measures may be eligible if the presence of an immediate threat can be documented. The applicant has indicated that the disaster related condition of the hillside poses a threat to the roadway due to the potential for additional slide debris to fall onto the roadway. Based on the level of information available at this time, it is not possible to quantify either the actual level of threat which is present, nor an appropriate level of emergency protective measures. Therefore, it is determined that a limited technical investigation should be performed to provide the necessary geotechnical assessment of the site. This investigation must specifically address (1) whether the disaster has created an unstable condition of the slope such that it is posing an "immediate threat" to roadway, and if so, (2) characterize the threat and recommend appropriate cost-effective emergency measures to mitigate the hazard. Any scope of work performed beyond this intent is not eligible for FEMA assistance. The Regional Director will prepare a Category B DSR to fund this limited geotechnical study, estimated at a cost of $10,000.
Further, it is noted that FEMA regulations stipulate that emergency protective measures must be completed within six months of the disaster, plus approved extensions. At this time, more than nine months have passed since the date of the event. To conform to the intent of expeditiously providing emergency access to the residents, it is required that the geotechnical study be completed by the applicant within three months of receiving the approved DSR. The report should then be submitted to the Regional Director for review, and if it is determined that an immediate threat is present, a supplemental Category B DSR will be prepared by the Regional Director to fund reasonable and cost effective emergency protective measures.
It is understood that the applicant may choose to construct the alternate road rather than complete the potentially eligible emergency work and permanent work already obligated in DSR 63883. If the applicant chooses to pursue the roadway relocation, such work would be considered an "improved project" as defined in 44 CFR 206.203(d)(1). Federal funding for such improved projects is limited to the Federal share of the approved estimate of eligible costs. For this site, funding from DSR 63883 and from the potentially eligible emergency work DSR may be applied toward the improved project funding. As the geotechnical study is necessary to define the scope of eligible emergency work at the original site, eligible funding for this study may not be applied to the improved project.
CONCLUSION
Repair of the slope failure which occurred within a natural hillside for which permanent restoration, as requested by the applicant, is not eligible. Eligible permanent work is limited to restoration of the roadway itself, which has been adequately provided for in DSR 63883. The hillside, however, may be eligible for debris removal and/or emergency work if it can be demonstrated that the disaster related condition of the slope poses a threat to the adjacent roadway. A Category B DSR will be prepared by the Regional Director to fund a limited geotechnical study to assess the potential threat and to recommend cost effective emergency protective measures if a threat is adequately identified. Upon completion of the geotechnical study, the Regional Director will review the content of the report and evaluate the eligibility for funding of emergency work.
Appeal Brief
| Disaster | FEMA-1163-DR |
| Applicant | Robertson County |
| Appeal Type | Second |
| PA ID# | 201-00000 |
| PW ID# | 63883 |
| Date Signed | 1998-02-03T05:00:00 |
Cross Reference: Eligible facility, natural features, emergency versus permanent repair
Summary: Robertson County is requesting funding for stabilization of an undeveloped hillside, located upslope of Hieatt Bottom Road, within which several landslides occurred during the March 1997 storms. Slide debris deposited on the roadway resulted in about 500 linear feet of roadway becoming impassible. Damage to the roadway was limited to clogging of the drainage ditch and disturbance to the roadway aggregate surface. The applicant proposed a method for restoring the failed slope, but suggested that the disaster related damage was so extensive that it would be less costly to relocate the road upslope of its present location. The Regional Director determined that permanent stabilization of the hillside was ineligible based on evidence that the hillside was unstable prior to the disaster. DSR 63883 was prepared as Category C, limiting eligible work to clearing of the debris from the roadway and drainage ditch, and replacing the disturbed surface aggregate. The applicant submitted a first appeal of this determination asserting that no significant disturbance of the hillside has occurred in the 100 years or more that the road has been in place, however, the Regional Director upheld the determination of ineligibility for slope restoration. The applicant's second appeal provided further documentation to support that the hillside previously showed no significant signs of instability, and stressed the importance of providing access to adjacent private properties. The applicant indicated that the disaster related condition of the hillside continues to pose a threat to the roadway.
Issues: Is the damaged hillside eligible for Public Assistance funding?
Findings: As a natural feature, the hillside is not eligible for permanent restoration. Eligible permanent work is limited to restoration of the roadway itself, which has been adequately provided for in DSR 63883. A limited geotechnical study (Category B) will be funded to determine if the disaster related condition of the hillside poses a threat to the roadway, and if so, to recommend appropriate emergency protective measures. Eligibility of emergency work will be evaluated based on the findings of the geotechnical study.
Rationale: Public Assistance for natural, unimproved hillsides is limited to debris removal activities and emergency protective measures in the event that the disaster related condition of the hillside poses an "immediate threat". Limited geotechnical analyses are eligible to determine if a threat is present and to recommend cost effective emergency protective measures. Permanent stabilization of a natural feature is not eligible. Stafford Act Section 403 and 406, 44 CFR 206.221, 206. 224, 206.225, 206.226
Appeal Letter
February 3, 1998
Mr. Bob Osborne
Governor's Authorized Representative
Division of Disaster and Emergency Services
Department of Military Affairs
Frankfort, Kentucky 40601
Dear Mr. Osborne:
This letter is in response to the second appeal of damage survey report (DSR) 63883, in which Robertson County requested disaster assistance funds for stabilization of an undeveloped hillside, upslope of Hieatt Bottom Road, within which several landslides occurred during the March 1997 storms (DR-1163). It was determined that permanent restoration of the hillside was ineligible based on evidence that the hillside was unstable prior to the disaster. The applicant's second appeal provides documentation to support that the cause of the landslide was directly related to the disaster, and indicated that the disaster related condition of the hillside continues to pose a threat to the roadway.
My review of the second appeal has focused on the fact that the landslide occurred within a natural hillside for which permanent restoration is not eligible. Eligible permanent work is limited to restoration of the roadway itself, which has been adequately provided for in DSR 63883. The hillside, however, may be eligible for emergency work if it can be demonstrated that the disaster related condition of the slope poses a threat to the adjacent roadway. By copy of this letter, I am requesting the Regional Director to prepare a Category B DSR to fund a limited geotechnical study to assess the potential threat and to recommend cost effective emergency protective measures if a threat is adequately identified. The report must be completed within three months of receipt of the DSR. Upon completion of the geotechnical study, the Regional Director will review the content of the report and evaluate the eligibility for funding of emergency work. The basis for my decision is explained in the enclosed appeal analysis.
Please inform the applicant of my determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: John B. Copenhaver
Regional Director
FEMA Region IV
Mr. Bob Osborne
Governor's Authorized Representative
Division of Disaster and Emergency Services
Department of Military Affairs
Frankfort, Kentucky 40601
Dear Mr. Osborne:
This letter is in response to the second appeal of damage survey report (DSR) 63883, in which Robertson County requested disaster assistance funds for stabilization of an undeveloped hillside, upslope of Hieatt Bottom Road, within which several landslides occurred during the March 1997 storms (DR-1163). It was determined that permanent restoration of the hillside was ineligible based on evidence that the hillside was unstable prior to the disaster. The applicant's second appeal provides documentation to support that the cause of the landslide was directly related to the disaster, and indicated that the disaster related condition of the hillside continues to pose a threat to the roadway.
My review of the second appeal has focused on the fact that the landslide occurred within a natural hillside for which permanent restoration is not eligible. Eligible permanent work is limited to restoration of the roadway itself, which has been adequately provided for in DSR 63883. The hillside, however, may be eligible for emergency work if it can be demonstrated that the disaster related condition of the slope poses a threat to the adjacent roadway. By copy of this letter, I am requesting the Regional Director to prepare a Category B DSR to fund a limited geotechnical study to assess the potential threat and to recommend cost effective emergency protective measures if a threat is adequately identified. The report must be completed within three months of receipt of the DSR. Upon completion of the geotechnical study, the Regional Director will review the content of the report and evaluate the eligibility for funding of emergency work. The basis for my decision is explained in the enclosed appeal analysis.
Please inform the applicant of my determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: John B. Copenhaver
Regional Director
FEMA Region IV
Appeal Analysis
BACKGROUNDDue to the heavy rains that occurred in March of 1997, several slope failures occurred within an upslope natural hillside located adjacent to Hieatt Bottom Road in Robertson County (applicant). Slide debris deposited on the roadway resulted in about 500 linear feet of the road becoming impassable, limiting access to adjacent farming property and residences through adjacent private properties. The hillside and upslope properties are undeveloped, portions of which are privately owned and used for farming. Damage to the aggregate surface roadway is primarily limited to the deposition of debris within the drainage ditch and across the roadway, disturbing the surface aggregate. A small crack had been observed within a section of the roadway surface, but no evidence of any disaster related downslope movement has been reported to suggest that the support of the roadway has been affected.
On May 12, 1997, representatives from FEMA, the Kentucky Division of Disaster and Emergency Services (DES) and the applicant visited the site to inspect the damages. The applicant suggested that the disaster related damage to the roadway and adjacent slope was so extensive that consideration should be given to relocating the roadway upslope of its present location. The FEMA Inspector prepared DSR 63883 (Category C) in the amount of $454,790 to remove the slide debris from the roadway and restore the aggregate surface, and to stabilize the slope by means of excavation and replacement of the disturbed material. A hazard mitigation proposal (HMP) was included with the DSR to relocate the road through adjacent properties for a lesser cost of $409,810.
FEMA revisited the site on June 4, 1997, with Mr. Christopher Pridemore, a representative of the Geotechnical Branch of the Kentucky Department of Transportation (KDOT), to assess the geologic condition of the slope and roadway. Mr. Pridemore prepared a memorandum dated June 4, 1997, which stated that there were no apparent failures of the foundation of the roadway, such that correcting the cut slopes and regrading the road would restore the roadway. In addition, the memorandum stated that some evidence was found that a slope failure in this area had been occurring for many years. Therefore, during eligibility review for DSR 63883, FEMA determined that permanent stabilization of the hillside was ineligible on the basis that the hillside was unstable prior to the disaster. The eligible scope of work was limited to removal of debris across both lanes of the roadway, cleaning and shaping of the drainage ditch, and replacement of disturbed aggregate and associated roadway grading to restore the function of the roadway. Permanent stabilization of the hillside would be the responsibility of the applicant. DSR 63883 was obligated as Category C in the amount of $11,002.
It is understood that at this time, more than nine months after the disaster, no effort has been made by Robertson County to remove the debris from the roadway, such that the road remains impassible to normal vehicular traffic. Based on a conversation with Mr. Bob Osborne (DES), it is understood that, having been concerned that removal of debris at the toe of the slope would cause additional movement of the failed soil mass from the hillside, the applicant has abandoned the idea of repairing this site. Alternatively, the applicant has begun construction of the alternate road located at the top of the hill to provide both emergency access to the property owners as well as a permanent road. This roadway is scheduled to be completed within the next month or so.
First Appeal
In a letter dated June 23, 1997, DES submitted the applicant's first appeal of FEMA's determination to limit eligible funding due to a pre-existing unstable condition of the hillside. The applicant's letter stated that the road had been in existence for over 100 years without any serious problems, and that the failed slopes are continuing to move, posing a danger of additional slippage over the road. DES requested a geotechnical study to evaluate the site and to more conclusively determine the site stability and eligibility for disaster funding. The Regional Director responded to this request in a letter dated June 27, 1997, stating that the first appeal review confirmed the determination that the groundmass was unstable prior to the incident such that stabilization was not eligible for funding. The first appeal response further indicated that the June 4, 1997, site assessment by the Geotechnical Branch of KDOT was sufficient for determining the site's eligibility within the Public Assistance Program. No further geotechnical study was considered necessary. It was suggested that the applicant consider applying to the 404 Hazard Mitigation Grant Program for funding for the roadway relocation. The applicant's appeal was denied.
Second Appeal
The applicant filed a second appeal through DES in a letter dated July 31, 1997, again appealing FEMA's determination not to fund a permanent corrective action for the landslides and asserting that relocation of the road is necessary to provide a long term solution. The applicant stated that movement within the hillside is continuing, and that the lack of road access has severely handicapped the adjacent farmer in his operations. The applicant recognizes they have a legal obligation to maintain the road but stated that Robertson County does not have the resources to undertake the needed improvements without completely exhausting their road fund for the next few years. The applicant has provided documentation from various local officials and residents to attest to their position that the road was not previously unstable, and that the lack of access has created hardships to adjacent property owners. At the request of Governor Patton, a second site visit was made by a representative of the KDOT Geotechnical Branch to view the geologic condition of the site. A memorandum prepared by Mr. Michael Weitlauf (KDOT), dated September 5, 1997, stated that other than minor creeping, the hillside was stable prior to the disaster, concluding that the flood event was the primary factor that caused the slope failure.
DISCUSSION
The scope of repair initially presented on DSR 63883 was to perform permanent stabilization of the hillside. This scope was found ineligible for permanent restoration funding by the Regional Director on the basis that the slope failure was caused in part by a pre-existing unstable condition. However, our review of the project documentation focuses not on the issue of pre-existing condition, but rather on the fact that the landslide occurred within a natural, undeveloped hillside. Accordingly, our evaluation of the eligibility of a natural hillside for Public Assistance funding is provided below.
Eligibility of Permanent Restoration
Under section 406 of the Stafford Act, only damaged or destroyed "facilities" are eligible for permanent restoration funding. The term "facility", as defined by 44 CFR 206.201(c), means any publicly or privately owned building, works, system, or equipment, built or manufactured, or an improved and maintained natural feature. Further, 44 CFR 206.221 defines "improved property" as a structure, facility or item of equipment which was built, constructed or manufactured. Accordingly, as the hillside within which the landslides occurred does not meet the definition of an eligible "facility", permanent restoration of the slide area is not eligible for FEMA assistance. Such stabilization is the responsibility of the applicant.
FEMA assistance for permanent restoration for this project is limited to repair of the roadway itself. Based on the June 4, 1997, memorandum from the KDOT Geotechnical Branch, and a December 10, 1997, telephone conversatiootis understood that the support of the roadway has not been jeopardized by the disaster. Mr. Weitlauf indicated that no disaster related movement within the downslope hillside has been observed. Therefore, damage to the roadway is limited to blockage of the drainage ditch and disturbance of the aggregate surface material due to the deposition of the slide material. Accordingly, the scope of work provided in DSR 63883 is found to be adequate to restore the function of the roadway. No further permanent work is eligible for this project.
Eligibility of Emergency Work
According to the Stafford Act, FEMA assistance regarding disaster damaged private property and publicly owned natural features is limited to providing debris removal (Category A) and emergency protective measures (Category B) in the event that the condition of the hillside poses an "immediate threat" to life, public health or safety, or to improved public or private property, such as the adjacent road. Immediate threat is defined in 44 CFR 206.221(c) as a threat of additional damage or destruction from an event that can reasonably be expected to occur within five years. This means that the damage would occur due to a magnitude of flooding representative of a five year flood event. Such threats must be established through a geotechnical assessment. To be eligible, emergency protective measures are limited in scope to those efforts which specifically reduce the identified threat. It is noted that the intent of the emergency measures is to provide a temporary means of reducing the threat until permanent repairs are implemented. Examples of eligible emergency work to protect a roadway from upslope debris generally include temporary filling (buttressing) or fencing at the toe of the slope to prevent further movement of the failed soil mass toward the road, excavation of the failed mass material, and/or placement of erosion control fabric (plastic sheeting) over the slide area. As indicated above, permanent restoration, including overall slope stabilization, is the responsibility of the applicant.
According to the above analysis, eligible funding regarding the hillside is limited to debris removal from the road and ditch. Emergency protective measures may be eligible if the presence of an immediate threat can be documented. The applicant has indicated that the disaster related condition of the hillside poses a threat to the roadway due to the potential for additional slide debris to fall onto the roadway. Based on the level of information available at this time, it is not possible to quantify either the actual level of threat which is present, nor an appropriate level of emergency protective measures. Therefore, it is determined that a limited technical investigation should be performed to provide the necessary geotechnical assessment of the site. This investigation must specifically address (1) whether the disaster has created an unstable condition of the slope such that it is posing an "immediate threat" to roadway, and if so, (2) characterize the threat and recommend appropriate cost-effective emergency measures to mitigate the hazard. Any scope of work performed beyond this intent is not eligible for FEMA assistance. The Regional Director will prepare a Category B DSR to fund this limited geotechnical study, estimated at a cost of $10,000.
Further, it is noted that FEMA regulations stipulate that emergency protective measures must be completed within six months of the disaster, plus approved extensions. At this time, more than nine months have passed since the date of the event. To conform to the intent of expeditiously providing emergency access to the residents, it is required that the geotechnical study be completed by the applicant within three months of receiving the approved DSR. The report should then be submitted to the Regional Director for review, and if it is determined that an immediate threat is present, a supplemental Category B DSR will be prepared by the Regional Director to fund reasonable and cost effective emergency protective measures.
It is understood that the applicant may choose to construct the alternate road rather than complete the potentially eligible emergency work and permanent work already obligated in DSR 63883. If the applicant chooses to pursue the roadway relocation, such work would be considered an "improved project" as defined in 44 CFR 206.203(d)(1). Federal funding for such improved projects is limited to the Federal share of the approved estimate of eligible costs. For this site, funding from DSR 63883 and from the potentially eligible emergency work DSR may be applied toward the improved project funding. As the geotechnical study is necessary to define the scope of eligible emergency work at the original site, eligible funding for this study may not be applied to the improved project.
CONCLUSION
Repair of the slope failure which occurred within a natural hillside for which permanent restoration, as requested by the applicant, is not eligible. Eligible permanent work is limited to restoration of the roadway itself, which has been adequately provided for in DSR 63883. The hillside, however, may be eligible for debris removal and/or emergency work if it can be demonstrated that the disaster related condition of the slope poses a threat to the adjacent roadway. A Category B DSR will be prepared by the Regional Director to fund a limited geotechnical study to assess the potential threat and to recommend cost effective emergency protective measures if a threat is adequately identified. Upon completion of the geotechnical study, the Regional Director will review the content of the report and evaluate the eligibility for funding of emergency work.
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