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Second Appeal Letter
PA ID# 165-23698-00; Village of Farley
PW ID# PW 252; Slope Failure
January 4, 2009
Missouri Emergency Management Agency
9221 Ward Parkway, Suite 300
Kansas City, MO 64114
Re: Second AppealVillage of Farley, PA ID 165-23698-00, Slope Failure,
FEMA-1708-DR-MO, Project Worksheet (PW) 252
Dear Mr. Parmenter:
This is in response to a letter from your office dated October 2, 2008, which transmitted the referenced second appeal on behalf of the Village of Farley (Applicant). The Applicant appealed the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding to repair Platte River Road, which was damaged by a slope failure.
Heavy rains impacted Platte County, MO causing a slope failure (100 feet long by 35 feet deep by 12 feet wide) along a section of Platte River Road. The failure created a one-inch crack in the road the length of the slip out. As a result, the Applicant requested assistance from FEMA to repair the road and fund a hazard mitigation proposal consistent with the contract proposals received. On July 13, 2007, FEMA conducted a site visit that was attended by the Applicant and members of the State of Missouri Emergency Management Agency (SEMA). FEMA determined that the site had been unstable prior to the flood event, noting that subsurface water appeared to be in an active state of movement migrating through the slope. FEMA officials also noted that during previous disasters, FEMA-1253-DR-MO and FEMA-0995-DR-MO, the site experienced similar damages. FEMA prepared PW 252 for $53,836 to repair the road and $67,116 to add a riprap blanket over the length of the slope failure as a hazard mitigation measure. However, FEMA subsequently determined that the area had to be stabilized by the Applicant before FEMA could fund the road repair. Therefore, on August 21, 2007, FEMA obligated PW 252 at zero dollars.
In its first appeal dated October 1, 2007, the Applicant claimed that there was no technical data produced following the FEMA-1253-DR-MO and FEMA-0995-DR-MO events that established that the site was unstable. In addition, the Applicant requested that the FEMA Regional Administrator, in accordance with Disaster Assistance Policy DAP 9524.2, Landslides and Slope Failure
, authorize a geotechnical study to determine the stability of the site. In a letter dated November 5, 2007, the Regional Administrator approved a geotechnical study. FEMA prepared additional versions of PW 252 in the amount of $10,300 to fund the geotechnical study. On August 6, 2008, the Applicants consulting geotechnical engineers Geotechnology Inc., completed a geotechnical study of the site. The geotechnical study states on Page 11, in pertinent part, that the site is unstable and the instability is a historic problem and a pre-disaster condition. It also states that the slope failure, which caused the road cracks will reoccur during flood conditions along the Platte River.
The Applicant submitted its second appeal on September 24, 2008, and stated that the PW 252 site can not be determined to be unstable based on the damage that resulted in the previous disasters (FEMA-1253-DR-MO, and FEMA-0995-DR MO) because the PW 252 site is in a different location than the sites damaged in the two previous disasters and that the damages from the two previous disasters were claimed by the Farley Special Road District not the Village of Farley. The Applicant also argues that the funding for the two previous disasters was minor compared to the PW 252 site and that the repair performed in the two previous disasters used non-engineered repair methods. In addition, the Applicant argues that the geotechnical study supports that the slope failure will re-occur during flood conditions along Platt River. The Applicant also argues that FEMAs suggested repair methods described in PW 252 are not sufficient to prevent landslide failures that may cause future head scarps from appearing in the roadway, and that the three bid submittals for the repair are similar to the stabilization methods identified in the geotechnical study.
In accordance with FEMA Policy DAP 9524.2, Landslide and Slope Failures
, the Applicant has the responsibility to stabilize the site before Public Assistance funds are provided to repair the facility. I have considered the issues in this matter based on the Applicants first and second appeals, relevant backup documentation and the geotechnical study conducted by the Applicants consulting engineers. The geotechnical study concludes that the site was unstable, and that the instability was a historic pre-disaster condition. Further, the Applicant has not completed the necessary measures to stabilize the slope. Therefore, I have determined that the Regional Administrators decision in the first appeal is consistent with Public Assistance regulations and policy. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR §206.206, Appeals
James A. Walke
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Art Freeman
Acting Regional Administrator
FEMA Region VII