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Second Appeal Brief
PA ID# 000-UZ5X6-00; California State University
PW ID# Project Workheet 763; Seawall and Shoreline Erosion
California State University, San Francisco, FEMA-1646-DR-CA, Seawall and
Shoreline Erosion, Project Worksheet (PW) 763Cross-reference:
Pre-Disaster Condition, Emergency Protective MeasuresSummary:
As a result of heavy rains, high tides, high winds, and wave action that occurred between March 29, 2006, and April 16, 2006, the California State University, San Francisco (Applicant) requested FEMA assistance to repair a damaged concrete seawall and 753 feet of eroded shoreline. FEMA prepared PW 763 for $2,558,421. Based on a review of photographs taken of the site in 2002, FEMA Region IX denied Public Assistance funding because the damages were not the result of the disaster event. A site visit also showed pre-existing damages to the seawall and the shoreline. The site visit also revealed extensive erosion threatening Building 40 which FEMA decided may be eligible for emergency protective measures.
In its first appeal the Applicant argued that FEMA should consider the additional damages caused by the disaster. The Deputy Regional Administrator denied the Applicants first appeal based on pre-existing damages to the seawall and shoreline. The Deputy Regional Administrator requested that the Applicant provide a detailed, cost-effective scope of work and cost estimate to address the threat to Building 40.
On September 21, 2007, the Applicant filed a second appeal. The Applicant provided a geotechnical report and additional information requested by the Deputy Regional Administrator that included several repair options and cost estimates relating to the seawall and shoreline but contained no information or recommendations addressing the issue of stabilization of the embankment at Building 40. Issue(s):
Were the damages to the seawall and shoreline the result of the disaster?
2. Did the Applicant provide a detailed, cost-effective scope of work and cost estimate to address the immediate threat to Building 40?Finding(s):
44 Code of Federal Regulations §206.223(a)(1)Second AppealCalifornia State University, San Francisco, FEMA-1646-DR-CA