Rosemead Blvd. Reinforced Concrete Pipe (RCP) Trunk Sewer Line

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1585-DR
ApplicantLos Angeles County
Appeal TypeSecond
PA ID#037-UZCA3-00
PW ID#Project Worksheet 570
Date Signed2008-03-25T04:00:00

Citation:

FEMA-1585-DR-CA; Los Angeles County Sanitation Districts (Applicant)
 

Cross-reference:

Improved Project; Environmental Compliance

Summary:

In February 2005, high flows in a flood connector channel near Rosemead Boulevard eroded the soil around a 60-inch RCP raw sewer trunk line, exposing approximately 80 feet of sewer line, with 30 feet undermined and suspended. FEMA prepared PW 570 to place grouted rip-rap instead of fill to support and protect an 80-foot section of the sewer line across the 15-foot wide easement. The estimated cost of the work was $44,750.75. The Applicant submitted a Net Small Project Overrun appeal requesting that FEMA revise the scope of work and increase the project cost to $990,556. The revised scope of work consisted of a 4.5–foot thick blanket of rip-rap that covers the pipe and slopes on both sides of the pipe to 15 feet below the invert over a distance of 150 feet instead of 80 feet. The Applicant also increased the width from of the project 15 feet to 90 feet. The Acting Regional Director denied the first appeal stating that the constructed work was a significant expansion of the eligible scope of work (Improved Project). Since the constructed project exceeded the original approved scope of work and FEMA had not conducted a review for environmental compliance, FEMA could not fund any portion of the project. Thus, FEMA de-obligated PW 570. The second appeal included a copy of the Finding of No Significant Impact (FONSI), which was subsequently issued by Region IX.
 

Issues:

1. Is the increased scope of work completed by the Applicant eligible for additional funding?

2. Does the FONSI fulfill the environmental requirements for funding?
 

Findings:

1. No. The work completed is a significant improvement over the work specified in PW 570; therefore, the work greater than the approved scope of work is not eligible for funding under the Public Assistance Program.
2. Yes. The FONSI fulfills FEMA’s responsibility of completing the necessary environmental compliance requirements; thereby, allowing FEMA to approve federal funding. The original estimate of $44,750.75 should be re-obligated.

Rationale:

Stafford Act Section 406(e), 44 CFR §206.203(d)(1), 44 CFR §206.226

Appeal Letter

March 25, 2008

Paul Jacks
Governor’s Authorized Representative
Governor’s Office of Emergency Management
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655

Re: Second Appeal – Los Angeles County Sanitation Districts, PA ID 037-UZCA3-00
Rosemead Blvd. Reinforced Concrete Pipe (RCP) Trunk Sewer Line, FEMA-1585-DR-CA
Project Worksheet (PW) 570

Dear Mr. Jacks:

This is in response to your letter dated July 11, 2006, which transmitted the referenced second appeal on behalf of the Los Angeles County Sanitation Districts (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for the repair and protection of a RCP trunk sewer line located in a flood connector channel near Rosemead Boulevard.

In February 2005, high flows in a flood connector channel undermined and exposed a 60-inch RCP trunk sewer main. FEMA prepared PW 570 for $44,750.75 to stabilize and cover the sewer line with rip-rap and grout to support and protect the 80-foot exposed section of the sewer.
Following preparation of PW 570, the Applicant conducted surveys and analyses that led to design and construction of a project that significantly exceeded the approved scope of work. The Applicant completed the project December 2, 2005, at a cost of $990,556.
The Applicant submitted a Net Small Project Overrun pursuant to 44 CFR §206.204 and §206.206 on February 8, 2006, requesting that the scope of work and cost estimate for PW 570 be expanded to include either the complete protection project of 150-foot length with a 90-foot easement ($990,556) or a pro-rated portion based on the exposed length of sewer (80 feet) with a 90-foot easement ($535,213). The Acting Regional Director denied the first appeal on May 11, 2006, because the Applicant constructed a project with a significant expansion of the eligible scope of work that went beyond what was required to restore the project to its pre-disaster condition. In addition, the Acting Regional Director stated that the Applicant did not comply with Federal environmental requirements. Therefore, FEMA could not fund any portion of the project. Accordingly, FEMA deobligated PW 570 (-$44,750.75).
The Applicant submitted its second appeal on July 11, 2006. It stated that during the initial meeting with FEMA on June 6, 2005, it estimated the cost of repair to be approximately $500,000. The Applicant again requested that the scope of work and cost estimate for PW 570 be expanded to include either the complete protection project or a pro-rated portion based on the exposed length of sewer versus the complete project length.

An Applicant may request additional funding for small projects when there is a net cost overrun of actual costs for all small projects. The actual costs must be limited to eligible expenses necessary to accomplish the approved scopes of work on the Project Worksheets.
Applicants should use the regular appeal process if they believe the approved scope of work is not correct. The Applicant’s completed project significantly exceeded the approved scope and cost. Therefore, there is no basis for approving the additional scope of work and cost under the Net Small Project Overrun process. Accordingly, the Applicant’s request to increase project funding to $990,556 is denied. However, we have determined that the Regional staff issued Memorandum of National Environmental Policy Act (NEPA) Compliance on September 26, 2006, with a Finding of No Significant Impact. This demonstrates that the Applicant complied with Federal environmental compliance for the project. Therefore, I have determined that PW 570 is eligible for funding. By copy of this letter, I am requesting that the Regional Administrator take appropriate action to implement this determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX

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