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Second Appeal Brief
PA ID# 087-UED05-00; Villa Del Monte Mutual Water Company
PW ID# 619; Tree View Trail
Citation: FEMA-1646-DR-CA; Villa Del Monte Mutual Water Company
Reference: Environmental Compliance
Summary: Rainstorms from March 29, 2006, through April 16, 2006, eroded and caused slope failure to a 35-foot-wide to 50-foot-long section of Treeview Trail, a dirt and gravel access road. FEMA prepared PW 619 for $148,375 to excavate 445 cubic yards (CY) of bedrock, backfill the area with 465 CY of structural fill and reconstruct the damaged Treeview Trail with Class 2 aggregate base. The Villa Del Monte Mutual Water Company (Applicant) requested costs to excavate 1,161 CY of material, install 1,017 tons of rock revetment with grout and install a catch basin. FEMA denied the Applicant’s request to increase funding on PW 619 to $292,480. FEMA determined that the additional quantities of excavation and rock revetment and grouting went beyond the approved scope of work and that the original scope of work was sufficient to restore the disaster-related damages to pre-disaster condition.
In response to its first appeal, the Acting Regional Administrator approved the first appeal contingent upon FEMA conducting appropriate reviews to ensure compliance with applicable Federal environmental laws and regulations. FEMA was unable to secure environmental clearance after the fact for the work performed by the Applicant. The additional work performed would have required some level of modification, prior to construction, through consultation with resource agencies, which it could not implement once the work was completed.
Issues: Did the Applicant complete the work prior to environmental compliance?
Rationale: 44 CFR Part 10, Environmental Considerations; Response and Recovery Policy 9560.1, Environmental Policy Memoranda, dated August 17, 1999