PA ID# 111-65042; of San Buenaventura
DSR ID# 92751,92747; Engineering and Road/Waterline Repairs
Citation: Appeal Brief; Second Appeal; City of San Buenaventura; FEMA-1044-DR-CA
Cross-Reference: DSRs 92751 and 92747; Engineering Costs; Waterline Repairs; Category F
Summary: Following the winter storms of 1995, in the City of San Buenaventura (City), FEMA prepared DSR 92747 for $43,815 to repair an access road, a diversion channel, a groundwater well transmission line, and $3,245 for engineering services. No damage to the well head was identified in the DSR. Upon request of the applicant, DSR 92751 was prepared for $7,918 to provide engineering and design services to define costs and methods of repair of the pipeline and access road. During review, this DSR was reduced to $0 because there was no apparent need for these additional engineering services. Subsequently, the City requested $13,898 for the actual costs of the preliminary design report which recommended well relocation, rather than repair. Based on the report, the City requested an additional $437,430 (DSR 92747) for well relocation. The basis of this request was that well relocation was cost effective and necessary to meet FEMA floodplain requirements. The Regional Director treated both submissions as first appeals. The appeal of DSR 92751 was denied because engineering services for repairs were provided in DSR 92747, and the additional engineering services were not required to restore the facility to its pre-disaster condition. The Regional Director determined that the report identified alternatives which constituted significant improvements over the pre-disaster condition. The appeal of DSR 92747 was denied because well relocation was not cost effective, relative to repair of the well. The State forwarded a second appeal for DSR 92751 requesting a total of $13,898 for the engineering report prepared in good faith, based on a directive from FEMA, and an additional $393,615 for relocation of the well. The City contends that the cost to relocate the well is $437,430, significantly less than the $589,000 estimate of the report alternative to restore the site to its pre-disaster condition. The City also contends that well relocation is necessary to meet floodplain regulations.
Does the report demonstrate that well relocation is necessary because repair of the site to its pre-disaster condition will raise the 100-year floodplain elevation, in violation of regulations?
Were the additional engineering services of DSR 92751 necessary, by direction from FEMA, for repair of the road and well pipeline?
No. None of the alternatives of the report demonstrates that returning the site to its pre-disaster condition will raise the 100-year floodplain elevation.
No. DSR 92747 provided engineering for repairs. FEMA did not direct the applicant to perform the additional $13,898 of engineering to identify repair alternatives to avoid future damages to the well.
Pursuant to 44 CFR 206.203, eligible work must be required as the result of the major disaster event.
Pursuant to 44 CFR 206.226, eligible work is that work necessary to restore eligible facilities on the basis of the design as they existed prior to the disaster.