Summary: Heavy rains in February and March 1995, caused two landslides on a natural slope below Dunning Drive. Category B DSR 93802 was prepared for $64,662 for studies and designs leading to the restoration of the landslides. It was intended that the DSR would be supplemented for construction costs. The work was determined to be ineligible because there was no damage to the roadway at that time, and there was no apparent immediate threat. A report prepared by the city's geotechnical consultant concluded that the recent slope instability was caused by the re-activation of ancient landslides underlying the site. In August 1995, cracks appeared in the roadway establishing an immediate threat. A category B DSR was written for $65,107 to pay for the design and construction of a caisson shoring system along Dunning Drive. The landslides were repaired in the fall of 1995. The first appeal, made in December 1995, contained no specific request, but asked that eligibility be reviewed in general. Region IX determined that there was no demonstrated immediate threat to a public facility. In the second appeal, the city requested that the net unfunded cost of $865,922 for landslide repair be declared eligible because the landslides posed an immediate threat to life, public health and safety, and significant damage to improved public and private property.
Did the caisson shoring eliminate the immediate threat to the roadway?
Is the permanent restoration of the landslides eligible?
Are any other costs eligible?
Yes. The caissons temporarily protected the roadway while the landslides were being repaired.
No. The permanent repair of a slope that is unstable due to pre-existing conditions is the responsibility of the applicant.
Yes. Certain engineering and street repair costs are eligible.
Rationale: In accordance with FEMA's Landslide Policy, the cost to restore the facility (the pavement, curbs and utilities) is eligible once the site has been stabilized. In addition, engineering costs related to the emergency protective measure are eligible.