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Second Appeal Brief
PA ID# 009-U60M6-00; Maui County, Department of Public Works/Environmental Management
PW ID# 753, 754, & 755; Piilani Highway
Citation: FEMA-1664-DR-HI, Maui County, Department of Public Works/Environmental Management, Pi’ilani Highway, Project Worksheets (PW) 753, 754, and 755
Reference: Emergency Protective Measures
Summary: On October 15, 2006, an earthquake off the coast of Hawaii caused rockslides along Pi’ilani Highway. FEMA prepared PWs 753, 754, and 755 for emergency protective measures on Pi’ilani Highway. However, FEMA performed site inspections and a detailed review of the geologic conditions, and determined that the scopes of work involved permanent repair of rock slopes that were unstable prior to the event. Therefore, the work sites covered by the PWs were ineligible for FEMA funding.
In its first appeal letter dated June 26, 2008, the Maui County, Department of Public Works/Environmental Management (Applicant) asserted that the scopes of work were necessary as emergency protective measures. In a letter dated December 4, 2009, the Acting Regional Administrator determined that the cost to perform some emergency protective measures accomplished immediately after the earthquake was eligible. These measures included the installation of a wire mesh curtain at each site. The Acting Regional Administrator approved $836,798 for the estimate of eligible project construction costs.
In a letter dated January 27, 2009, the Applicant submitted its second appeal requesting $4,627,539. The Applicant re-asserts that an immediate threat exists and that additional work to address this threat was necessary. However, the work performed permanently stabilized slopes that were unstable prior to the disaster.
Issues: Is the permanent stabilization of the slopes eligible?
Rationale: 44 CFR §206.201(b), Definitions used in this subpart; 44 CFR §206.225, Emergency work; Recovery Policy 9524.2, Landslides and Slope Failures, dated May 23, 2006; Public Assistance Guide, FEMA 322