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Second Appeal Summary
PA ID# 013-92100; Contra Costa County Public Works Department
DSR ID# Multiple; Repair Channel Banks
Citation: FEMA-1044-DR-CA; Rock Slope Protection - DSRs: 28340, 28341, 28349, 28366, 28367, 28369, 28380, 28382, and 28384
Cross-Reference: Eligible work, Pre-disaster condition, Codes and Standards
Summary: Rising storm water runoff from 1995 winter storm, eroded the embankments of the drainage channels at several places. In response, FEMA prepared nine DSRs to document the damage and estimate repair costs for channels with earthen slopes. During eligibility review, FEMA determined that repair method proposed by the subgrantee (county's policy), which included considerable quantities of rock slope protection (RSP), would exceed the work necessary to restore the pre-disaster condition of the channel facilities. On that basis, FEMA revised the scopes of work and eligible restoration costs were limited to costs associated with pre-disaster condition. The subgrantee's first appeal stated that the use of RSP was required because they have a standard RSP policy for the earth channel banks. FEMA's first appeal response upheld the initial ineligibility determination but also stated that although funding for dewatering was not approved, the costs may be eligible, only if dewatering is required in conjunction with the eligible work. In their second appeal, the subgrantee contended that the costs associated with the use of RSP, engineering and dewatering are eligible for FEMA funding.
Issues: Are the costs associated with the use of RSP, engineering, construction inspection and environmental processing, and dewatering eligible for FEMA funding?
Findings: No. There was no pre-existing RSP. The subgrantee's policy does not warrant the extent of repair originally described in the DSRs. The approved scopes of work appropriately addressed the pre-disaster restoration of the channel banks. Engineering, construction inspection and environmental processing costs were not necessary to restore the pre-disaster condition of the channel banks. Dewatering is eligible only if performed in conjunction with the eligible work.
Rationale: FEMA can provide assistance to restore an eligible facility on the basis of the design of the facility as it existed immediately prior to the disaster. 44 CFR 206.226.