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Second Appeal Brief
PA ID# 055-99055-00; Napa County
PW ID# Project Worksheet 3676; Slope Failure along Redwood Road
FEMA-1628-DR-CA, Napa County, Project Worksheet (PW) 3676Cross-reference:
Landslides and Slope FailuresSummary:
As a result of the January Winter Storms in 2006, a slope failure occurred on an embankment east of Redwood Road in Napa County (Applicant). On June 3, 2006, FEMA prepared PW 3676 for $784,015, to stabilize the slope and repair the damaged road. On June 29, 2006, FEMA determined that the work to stabilize the failed slope was not eligible for FEMA assistance because the embankment was unstable prior to the disaster.
The Applicant filed a first appeal on October 26, 2006, claiming that the slope failure was not the result of a pre-disaster condition. On March 23, 2007, the Deputy Regional Director requested additional information from the Applicant to support its position. After reviewing the additional information provided by the Applicant, the Deputy Regional Administrator denied the first appeal in a letter dated July 13, 2007, and advised the Applicant to re-apply for disaster-related road repairs once the failed slope had been stabilized by the Applicant.
On October 3, 2007, the Applicant filed a second appeal requesting reconsideration of the denial and arguing that the DR-1628 slide was not related to the 2004 slope failure but was the result of the unprecedented rainfall season of 2005/2006. The California OES supports the Applicants second appeal and recommends that FEMA approve a version to PW 3676 in the amount of $959,611, representing the actual costs of the Applicants work to stabilize the slope and repair to the damaged road.Issues:
Was the slope failure a result of the disaster?Findings:
Response and Recovery Policy 9524.2, Landslides Policy Related to Public Facilities
, August 17, 1999.Second AppealNapa County, FEMA-1628-DR-CA