Debris Removal from 222 Bay VIew Drive

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1628-DR
ApplicantMarin County
Appeal TypeSecond
PA ID#041-99041-00
PW ID#Project Worksheet 2660
Date Signed2008-04-07T04:00:00
Citation: FEMA-1628-DR-CA, County of Marin
Cross-reference: Private Property, Debris Removal

Summary: Heavy rains from December 17, 2005, through January 3, 2006, damaged a
50-foot section of Bay View Drive and its northern embankment. Debris from the landslide was deposited in the garage of a private residence, located at
222 Bay View Drive. In PW 2660, the County of Marin Department of Public Works (Applicant) requested $8,901 to remove the debris from private property. FEMA denied the funding because the Applicant did not have legal responsibility to remove the debris.

The Applicant submitted its first appeal on November 27, 2006. The Applicant stated that the costs were eligible because the debris originated on a county road and posed a threat to life, public health and safety, and improved property. The Deputy Regional Administrator denied the appeal on May 10, 2007. The Applicant reiterated its position in its second appeal submitted July 27, 2007.
Issues: Did the Applicant have legal responsibility to remove debris from private property?
Findings: No.

Rationale: Recovery Division Policy 9523.13, Debris Removal from Private Property, dated September 7, 2005

Appeal Letter

April 7, 2008

Frank McCarton
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655

Re: Second Appeal–Marin County, PA ID 041-99041-00, Debris Removal from 222 Bay View Drive, FEMA-1628-DR-CA, Project Worksheet (PW) 2660

Dear Mr. McCarton:

This letter is in response to the referenced second appeal submitted by the County of Marin (Applicant) on July 27, 2007. The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $8,901 in funding for debris removal from private property at 222 Bay View Drive.

Heavy rains from December 17, 2005, through January 3, 2006, caused a landslide along the northern embankment of Bay View Drive. The landslide damaged a 50-foot section of the road and rendered it impassable. Liquid debris and fallen trees from the landslide were also deposited in the garage of a private residence below the embankment at 222 Bay View Drive. FEMA prepared and obligated PW 3566 for $36,442 to repair damages to the embankment and road. The Applicant requested an additional $8,901 on PW 2660 for the removal of debris from
222 Bay View Drive. PW 2660 was denied because the Applicant did not have legal responsibility to remove the debris.
The Applicant submitted its first appeal on November 27, 2006. The Applicant stated that it had responsibility for the debris deposited at 222 Bay View Drive, because the debris originated from a county road. The Applicant also claimed that the debris had to be removed from the private residence in order to repair the embankment and road. Moreover, the Applicant claimed that the debris posed a threat to public health and safety, and improved property. On May 10, 2007, the Deputy Regional Administrator denied the appeal because the Applicant did not have legal responsibility to remove the debris. The Deputy Regional Administrator also stated that the Applicant failed to establish that there was a threat to public safety because the debris only impacted one residence. Additionally, the residence is located downslope of the damaged embankment and road. Therefore, it was not necessary to clear debris from 222 Bay View Drive to repair the eligible damages included in PW 3566.

The Applicant reiterated its position in its second appeal submitted July 27, 2007. The Applicant noted that FEMA approved debris removal from private property, namely 1058 Banyan Way in Pacifica, CA, in FEMA-1203-DR-CA. In addition, the Applicant submitted an invoice for $8,901 of actual costs for the debris removal. However, the Applicant did not establish that it had legal responsibility to remove debris from private property. Pursuant to Recovery Division Policy 9523.13, Debris Removal from Private Property, dated September 7, 2005, private property debris removal must be approved by FEMA in advance of the work. Finally, the Applicant stated that PW 3566 was obligated based on estimates and should be adjusted to reflect the actual cost of $131,579. However, this issue is not germane to the appeal of PW 2660. FEMA will review and reconcile actual project costs during closeout as appropriate.

We have reviewed all information submitted by the Applicant and concur with Deputy Regional Administrator’s decision on the first appeal. Therefore, I am denying the Applicant’s appeal.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 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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