PA ID# 059-68028-00; City of San Juan Capistrano
PW ID# 1050; Emergency Protective Measures
Citation: FEMA-1577-DR-CA; City of San Juan Capistrano, PW 1050, Emergency Protective Measures
Cross-reference: Emergency Protective Measures, Facility Restoration, Landslide, Integral Ground
Summary: Between December 27, 2004 and January 11, 2005, the City of San Juan Capistrano (Applicant) experienced heavy rains and flooding. Two slope failures were found along the Cerro Rebal Trail. An Applicant-owned 10-inch water line is located in the vicinity of the failure, but was not damaged by the slope failure. FEMA prepared Project Worksheet (PW) 1050 for emergency protective measures to stabilize the failure, which was approved for $3,865. An Applicant-funded geotechnical report included a recommendation for additional slope repair, which was implemented at a cost of $36,426. Since the water line and its integral ground were not damaged, FEMA did not fund the permanent restoration of the slope. The Applicants first appeal submitted on August 25, 2005 asserts that the additional repairs made to the slope failure were emergency protective measures in order to protect public health and safety. The Acting Regional Director denied this appeal stating that because the water line was not immediately threatened, the work was considered permanent repair, and not eligible as an emergency protective measure. In the Applicants second appeal dated May 15, 2006, the Applicant provided a statement arguing that the additional repairs were necessary to eliminate or lessen immediate threats of significant additional damage due to the location of the water line and the severity of the slope.
Issues: 1. Is the work described by the Applicant an emergency protective measure?
2. Is the slope eligible for permanent restoration?
Findings: 1. No. The work described by the Applicant is permanent in nature.
2. No. The slope is an unimproved natural feature.
Rationale: 44 CFR §206.201(b) and 44 CFR §206.201(g)