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Second Appeal Brief
PA ID# 041-99041-01; Marin County
PW ID# 279; Retaining Wall
Citation: FEMA-1646-DR-CA, Marin County, Retaining Wall, Project Worksheet (PW) 279
Reference: General Work Eligibility; Improved Project; Codes and Standards
Summary: Storm water runoff from storms from March 29, 2006, through April 16, 2006, damaged a 3-foot high, 45-foot long section of an 80-foot long retaining wall. The Applicant argues that it was necessary to reconstruct the entire wall because it would not have been feasible to repair just the damaged sections of the wall without causing additional damage to the adjacent sections during construction. The Applicant is requesting that FEMA fund the replacement of the 80-foot wall plus an additional 10 feet of wall on both ends at an additional cost of $50,478. The Applicant is also requesting that FEMA remove the Improved Project designation currently placed on the project.
Issues: 1. Should FEMA approve the Applicant’s request for an additional $50,478 to fund construction of a 100-foot long solider pile wall?
2. Should FEMA remove the Improved Project classification from the PW?
Findings: 1. Yes.
Rationale: 44 CFR §206.223(a)(1); 44 CFR §206.203(d)(1); 44 CFR §206.226(d);Public Assistance (PA) Guide, pp 110‑111; PA Guide, pp 33-35; Response and Recovery Directorate Policy 9524.4, Eligibility of Facilities for Replacement under 44 CFR 206.226(d)(1).