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Second Appeal Summary
PA ID# 113-91001; Yolo County Flood Control and Water Conservation District
DSR ID# 75308; Boulder Removal
Citation: Appeal Brief; Second Appeal; Yolo County Flood and Water Conservation District; FEMA-1044-DR-CA; PA #113-91001; DSR 75308
Cross-Reference: DSR 75308; Permanent Restoration; Boulder Removal
Summary: Following the January 1995 storms in the Yolo County Flood and Water Conservation District (District), California, FEMA prepared DSR 75308 for $7,338 to cover costs involved in placing imported riprap in the eroded area of the dam groin and to break up and haul away a large boulder in the dam discharge channel. Upon review, FEMA revised the scope of work to use the broken-up boulder as riprap in lieu of importing new riprap and subsequently reduced the DSR to $3,743. On August 26, 1996, the State forwarded the first appeal. The basis of the appeal was that the revised scope of work did not adequately account for the costs to haul and dump the broken-up boulder to the erosion sites. On December 12, 1996, the Regional Director denied the first appeal. The denial was based on the premise that hauling and dumping the broken-up boulder to the eroded area was similar to hauling and dumping it to a disposal site, and that work was covered in the DSR under the "break up and remove boulder" item of work. The State forwarded the second appeal on May 15, 1997. The basis of this appeal was that the revised DSR did not allow for adequate reimbursement to actually haul and place the broken-up boulder at the damage sites. As stated in the first appeal response, the cost of removing and hauling the broken-up boulder was covered under the "breakup and remove boulder" item of work. The cost of dumping and placing the 3 cy of imported riprap was included in the second line item of work "dump and place riprap." Therefore, this DSR does not account for the placement of 67 cy of broken-up boulder. Utilizing the unit cost rates from the DSR calculation sheets, we determined that $647 of eligible expense was omitted. The second appeal should be approved for an additional $647, or a total of $4,390.
- Does the DSR account for the expenses to haul the 67 cy of broken-up boulder?
- Does the DSR account for the expenses to place the 67 cy of broken-up boulder?
- Yes. The costs to haul the broken-up boulder have been accounted for in the line item of work "break up and remove boulder."
- No. The costs to place the broken-up boulder have not been accounted for in the DSR.
Rationale: The scope of work of the approved DSR included placement of 3 cy of imported riprap with a dozer, and did not include placement of 67 cy of broken-up boulder. Therefore, $647 should be allowed to cover the eligible expense to place 67 cy of broken-up boulder.