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Second Appeal Brief
PA ID# 073-99073-00; San Diego County
PW ID# 918; Slope Repairs
Citation: FEMA-1952-DR-CA, San Diego County, Slope Repairs, Project Worksheet (PW) 918
Reference: Erosion, Slope Stability and Repair
Summary: Severe storms eroded two sites along the uphill slope of Belvedere Drive. FEMA prepared PW 918 documenting erosion damages at the two sites. FEMA denied the PW stating that the cut slopes were not integral to the road’s support, and that permanent restorative work was not eligible, citing FEMA landslide policy. The first appeal requested $213,500 (reduced to $194,460) to repair the sites, including an anchored straw blanket and fence at Site 1 and an 80-foot masonry retaining wall at Site 2. FEMA denied the appeal stating that the proposed work is neither eligible emergency work, nor eligible temporary or permanent work in accordance with the FEMA landslide policy. The Applicant’s second appeal contends that the uphill slope is an eligible facility and the proposed repairs are eligible. Upon review, the Applicant has demonstrated that the slope was engineered when the road was built and is regularly maintained by the Applicant; therefore, it is an eligible facility. Eligible damage caused by the disaster is properly described as erosion and minimal slope repairs are required to restore the slopes to pre-disaster condition. Although not the only alternative recommended by the geotechnical report, the use of erosion control devices are feasible at both locations. The construction of a retaining wall is not eligible as it goes well beyond that which is necessary to restore the facility to its pre-disaster condition. Based on a review of the original PW damage description, quantities, and cost estimates, and those provided by the Applicant, this second appeal response outlines a reasonable scope of work and cost estimate for approval. This second appeal response partially approves the request for an estimate of $12,942 for minimal slope repairs at the two identified sites.
Issues: 1) Is the uphill slope of Belvedere Drive an eligible facility?
2) Are the proposed repairs and cost estimates for Site 1 and 2 proposed by the Applicant eligible for funding under the Public Assistance Program?
Finding: 1) Yes.
2) Partially. Minimal slope restoration is eligible to restore to pre-disaster condition.
Rationale: Section 406 of the Stafford Act; 44 CFR §206.226; FEMA 322/June 2007, Public Assistance Guide, Recovery Policy 9524.2 Landslides and Slope Stability Related to Public Facilities (October 8, 2010)