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Second Appeal Summary
PA ID# 059-00000; Orange County
DSR ID# 95112; Joplin Boy's Ranch
Citation: Appeal Brief; Second Appeal; Orange County; FEMA-1203-DR-CA;
PA ID #059-00000
Cross-Reference: DSR 95112; Landslide; Slope Failure; Permanent Restoration
Summary: As a result of the El Ni?o storms and heavy rains in February of 1998, a landslide occurred downslope of the access road on the Joplin Boy's Ranch, damaging approximately 100 linear feet of roadway. On September 15, 1998, FEMA prepared DSR 95112 for $3,369 to repair the road surface and to replace 148 cubic yards (cu. yds.) of unclassified fill to restore the sub-base of the road facility. During the course of a geotechnical review, FEMA determined that the landslide was within an area of small to moderate older landslides and limited to natural ground and bedrock. Based on FEMA's Landslide Policy, stabilization of the failed slope was determined to be the responsibility of the County. The subgrantee did not concur with the DSR and requested an independent FEMA/State review of the site. The FEMA/State team inspected the site and concluded that the site was unstable and the subgrantee had restored temporary access to the sanitary treatment pond through a gravel road that extended across the ball field. The State informed the subgrantee of the results of the independent FEMA/state review in a letter dated January 6, 1999. FEMA subsequently issued Supplement 15 on March 15, 1999, wherein it stated that DSR 95112 was suspended pending the subgrantee stabilizing the site. On April 26, 1999, the subgrantee forwarded a letter to the California Governor's Office of Emergency Services appealing FEMA's determination of an eligible scope of work. Although the County acknowledged the existence of a landslide at this location, it contended that at least 10% of the damage was caused by surface erosion after the capacity of the storm drainage system was exceeded, but before the landslide occurred. Therefore, a reasonable amount of natural ground to support the facility should include an additional 1,704 cu. yds. of fill. The County also requests the costs for geotechnical services on the basis of Section 403 of the Stafford Act (42 U.S.C.