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Second Appeal Summary
PA ID# 037-19192; City of Diamond Bar
DSR ID# 95495; Landslide on Natural Hillside
Citation: FEMA-1046-DR-CA, City of Diamond Bar, DSR 95495
Cross-Reference: Landslide, Immediate Threat, Emergency Protective Measures
Summary: As the result of heavy rains in February and March 1995, a landslide occurred on an undeveloped hillside in April 1995. The landslide is located partially within the City of Diamond Bar and partially within Los Angeles County. The Walnut Valley Unified School District took the lead in stabilizing the slide. The city used engineering consultants to advise them of the progress of landslide remediation. Category G DSR 95495 was prepared to address the eligibility of the consultants' activities, and to document their costs. The FEMA inspector observed that no facilities within the city were affected by the landslide, and concluded that the costs being claimed by the city as emergency protective measures were ineligible. The city appealed because "even though no developed facilities within the City were affected by the slide the entire area of the slide was within the City's jurisdictional authority, and in fact approximately 600 feet of City owned right-of-way was disturbed by the geological movement." The city says that it has a statutory responsibility to assure that life and property are protected, and that consultants were used to carry out this responsibility. Region IX denied the appeal because the city did not directly participate in emergency protective measures to mitigate the threat posed by the landslide. The city made a second appeal requesting reimbursement of $16,805 for engineering services saying that these services constitute emergency protective measures. The appeal is denied because the city did not demonstrate that the landslide posed an immediate threat to facilities within the city limits.
- Did the city demonstrate that the landslide posed an immediate threat to public or private facilities?
- Did the consultants who advised the city on the progress of landslide remediation by the School District incur eligible fees?
- No. The city was concerned that the landslide might threaten facilities, but they did not demonstrate that it was threatening any facilities.
- No. They were not directly involved in landslide remediation.
Rationale: In order to be eligible, emergency protective measures must eliminate or lessen immediate threats to improved public or private property. The Regional Director may require identification and evaluation of the threat (44 CFR 206.225(a)).