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Second Appeal Brief
PA ID# 041-40438-00; City of Larkspur
PW ID# Project Worksheet 3767; Mudslide
FEMA-1628-DR-CA; City of LarkspurCross-reference:
Emergency Protective Measures; Immediate ThreatSummary:
The heavy rains from December 17, 2005, through January 3, 2006, saturated the soils and resulted in mud and debris slides from a steep cut slope in the 700 block of Magnolia Avenue. The slope failure originated 30 feet uphill from Magnolia Avenue and measured 2 to 3 feet deep, 10 feet wide at the head and 20 feet wide at the Magnolia Avenue curb. FEMA prepared Project Worksheet (PW) 3767 for $2,050 to remove 25 cubic yards (CY) of loose soil and to cover the slope with 50 square yards of geotextile fabric anchored with 50 CY of rip rap for slope stabilization. However, FEMA did not obligate funding for the PW because it determined that no immediate threat existed.
In its first appeal, the City of Larkspur (Applicant) argued that an immediate threat existed to public traffic on Magnolia Avenue as a result of the slope failure. The Applicant requested $122,226 for a concrete V-ditch at the top of the slope plus piping and a drainage inlet at street level to facilitate de-watering of the slope. The Deputy Regional Administrator determined that the slope posed an immediate threat to the public because additional soil material could be deposited on Magnolia Avenue during a heavy rainstorm. However, the Deputy Regional Administrator denied the appeal because the proposed work constituted permanent repairs to stabilize the slope and was not cost-effective emergency protective measures.
In its second appeal, the Applicant requested $46,700 for rip rap and drainage piping. The Applicant eliminated the V-ditch from the scope of work and added a drainage trench, piping and through-cub outlet. The cost of the work is estimated at $46,700. The Applicant argued that the use of rip-rap, drainage, and filters are consistent with emergency measures discussed in FEMAs landslide policy, and was cost-effective.Issues:
1) Are the rip rap costs eligible for Public Assistance?
2) Are the drainage costs eligible for Public Assistance?Findings:
1) Yes. Rip rap is eligible to eliminate the immediate threat.
2) No. The drainage costs are permanent work and not emergency protective measures.Rationale:
44 CFR §206.225(a)(3)