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Second Appeal Brief
PA ID# 073-99073-00; San Diego County
PW ID# 1098; Mussey Grade Road
Citation: FEMA-1952-DR-CA, San Diego County, Slope Repairs – Mussey Grade Road, Project Worksheet (PW) 1098
Reference: Emergency Protective Measures, Roads
Summary: Severe storms resulted in erosion at five sites upslope of Mussey Grade Road. FEMA prepared PW 1098 in response to the Applicant’s request for funding for slope stabilization measures to include removing loose rock and placing rock fall fencing or mesh on the slopes. FEMA determined that the slope stabilization measures were not eligible as permanent work, because the slopes at issue were not integral to the road’s support and were not integral to an eligible facility uphill. FEMA also determined that any proposed emergency protective measures at the five sites were not eligible due to the fact that at the time of the inspection, no debris was in the roadway, and no warning signs or barricades were in place that would signify a safety hazard. FEMA’s review concluded that PW 1098 was ineligible for funding. In its first appeal, the Applicant requested $856,653 for emergency protective measures to address the immediate threat of additional damage at each of the five sites. The Applicant’s proposed scopes of work submitted with the first appeal varied in both dimensions (at all five sites) and method (at three of the five sites) from the original PW. FEMA denied the appeal on the basis that the proposed emergency protective measures were not completed within six months of the disaster declaration. Further, FEMA determined that the scope of work proposed by the Applicant constitutes permanent work, not emergency protective measures. In the second appeal, the Applicant states that the work to repair the damage upslope of Mussey Grade Road is eligible as permanent work, because the cut slopes are designed, improved, and maintained.
Issues: 1) Are the cut slopes along Mussey Grade Road eligible facilities such that the restoration of the slopes would be eligible as permanent work?
2) Does an immediate threat exist at any of the five sites such that emergency protective measures would be eligible?
Finding: 1) No.
Rationale: Sections 403 and 406 of the Stafford Act; 44 CFR §206.226; 44 CFR §206.225; Recovery Policy 9524.2 Landslides and Slope Stability Related to Public Facilities (October 8, 2010)