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Second Appeal Letter
PA ID# 041-99041-01; Marin County
PW ID# 279; Retaining Wall
March 29, 2010
Governor’s Authorized Representative
California Emergency Management Agency
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal–Marin County, PA ID 041-99041-01, Retaining Wall,
FEMA-1646-DR-CA, Project Worksheet (PW) 279
Dear Mr. McCarton:
This is in response to your letter dated September 15, 2009, which transmitted the referenced second appeal on behalf of Marin County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny additional funding for the replacement of a retaining wall that was damaged in the declared event. The amount in dispute is $50,478.
The severe storms of March 29, 2006, through April 16, 2006, produced storm water runoff over Fairfax Bolinas Road causing damage to a 45-foot long section of an 80-foot long retaining wall at Milepost 1.79. FEMA prepared PW 279 for $3,565 to repair the wall in July 2006. In August 2008, the Applicant request $97,258 to construct a 100-foot long retaining wall. FEMA subsequently approved an additional $45,064 for the project, for a total of $48,065 to repair a 45-foot section of the retaining wall. The Regional Administrator sustained this level of funding on first appeal in a letter dated May 18, 2009. The Applicant submitted a second appeal in a letter dated July 16, 2009, requesting an additional $50,478 to cover the cost it incurred to build a new 100-foot long retaining wall.
Response and Recovery Directorate Policy 9524.4, Eligibility of Facilities for Replacement under 44 CFR 206.226 (d)(1), states that damaged facilities are eligible for replacement if the cost to repair the damage meets or exceeds 50 percent of the cost to construct a new facility. The storms damaged the retaining wall such that 45 feet (56 percent of the 80-foot wall) required replacement. The cost to repair the damaged section of the retaining wall exceeded 50 percent of the cost to construct a new wall. Therefore, the cost to construct a new retaining wall is eligible. The Applicant determined that site conditions required it to extend the wall 10 feet on both ends. Thus, the cost to construct the 100-foot retaining wall is eligible for reimbursement. Therefore, I approve the appeal for $50,478.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206, Appeals.
Elizabeth A. Zimmerman
cc: Nancy Ward
FEMA Region IX