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Second Appeal Letter
PA ID# 017-UYHUE-00; El Dorado Irrigation District
PW ID# 340; Net Small Project Overrun
February 16, 2010
Governor’s Authorized Representative
Office of the Secretary
California Emergency Management Agency
3650 Schriever Avenue
Mather, California 95655
Re: Second Appeal-El Dorado Irrigation District, PA ID 017-UYHUE-00,
Net Small Project Overrun, FEMA-1646-DR-CA, Project Worksheet (PW) 340
Dear Mr. McCarton:
This letter is in response to your letter dated October 7, 2008, which transmitted the referenced second appeal on behalf of the El Dorado Irrigation District (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of an additional $162,916 to repair an unstable slope above Canal 46.
From March 29, 2006 through April 16, 2006, severe storms saturated the up slope section of the slope above Canal 46 causing approximately 60 cubic yards (cy) of material to slide downhill into the canal. The Applicant owns and maintains the canal that provides drinking and agricultural waters to the communities in the district. On August 7, 2006, FEMA approved PW 340 for $29,084 for emergency protective measures to stabilize the slope based on the Applicant’s scope of work and cost estimate. The scope of work included the excavation of 90 cy of material, the removal of seven trees, erosion control measures, a six inch drain line, and other items of work.
On January 24, 2008, the Applicant requested $162,916 in additional funds for the project as a part of its first appeal for a Net Small Project Overrun. The Applicant stated that that the additional cost was due to the contractor’s need to construct access points to perform the work from below the slope, which was more time consuming and labor intensive than its original estimate. The Applicant stated that the contractor’s original estimate did not account for the increased cost to mobilize equipment, deliver materials or dispose of excess debris. On June 13, 2008, the Deputy Regional Administrator approved additional funding in the amount of $43,088 for all of the Applicant’s small projects, but denied the Applicant’s appeal request related to PW 340, because the Applicant failed to provide sufficient documentation in accordance with 44 CFR §206.204 (e)(2), Cost Overruns. Specifically, the Deputy Regional Administrator found that the Applicant failed to provide the specific measurements and quantities for the work performed.
On August 8, 2008, the Applicant submitted a second appeal. The Applicant explained that the original cost estimate underestimated the amount of excavation required and did not account for the construction of an access road to accomplish the work. The Applicant stated that the contractor originally planned to excavate to a depth of three feet, but the depth required was up to six feet in some places. In addition to the sub drain proposed, the Applicant added an above ground rock-lined ditch to direct overland flows directly into the canal to avoid future failures of the hillside. The Applicant provided a cost breakdown and description of the work performed, which included the construction of temporary access to the site, the removal of trees from the slide area, additional excavation, and the construction of drainage ditches.
Based on the documentation provided, I have determined that the additional work was necessary to stabilize the slope. Therefore, FEMA will prepare another version of PW 340 for additional funding of $162,916 to incorporate the additional work and associated costs contingent upon the completion of FEMA’s environmental review. If the Applicant fails to comply with all of the appropriate federal, state and local environmental laws, regulations, and /or permits, federal funding maybe jeopardized.
By copy of this letter, I request that the Regional Administrator take appropriate action to implement this decision. Please inform the Applicant of my determination. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Elizabeth A. Zimmerman
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX