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Second Appeal Brief
PA ID# 041-40438-00; City of Larkspur
PW ID# 851; Hillcrest Avenue
FEMA-1646-DR-CA; City of Larkspur
The City of Larkspur (Applicant) reported that heavy rains caused the downhill slope of Hillcrest Avenue to erode. On July 31, 2006, FEMA prepared Project Worksheet (PW) 851 for emergency protective measures, category B work, to repair the slope and road for $0 stating that there was no incident-caused damage. In a letter dated December 20, 2006, the Applicant stated that FEMA erroneously prepared PW 851 as a category B project instead of identifying it as a category C project and asked FEMA to prepare a version of the PW for the cost of the geotechnical report and the estimated repair costs of $112,305. In a letter dated May 10, 2007, the Deputy Regional Administrator agreed that this project should have been submitted as a category C permanent road repair request; however, the road asphalt and sub-base were damaged prior to the disaster event.
In a letter dated July 30, 2007, the Applicant filed its second appeal. With its second appeal, the Applicant submitted photographs stating that the cracks in the road were crescent shaped rather than alligator type cracks that would indicate normal wear of the road. In its transmittal letter dated
October 3, 2007, the California Office of Emergency Services recommended a more cost-effective method of repair to the embankment and the installation of a guardrail on the outboard side of the road for an estimated $38,063. The proposed repairs address mitigation to prevent future slope failure rather than road damage. The Applicant did not provide documentation to support its claim that the road damage was caused by the disaster.
Was the road damaged by the disaster, thus eligible for assistance?
44 CFR §206.223(a) (1).