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Second Appeal Brief
PA ID# 081-UQWFC-00; Shirttail Gulch Road District
PW ID# 469; Shirttail Gulch Road Slope Repair
Citation: FEMA-1774-DR-SD, Shirttail Gulch Road District, PW 469
Reference: Landslides, Scope of Work
Summary: Severe storms and flooding from June 2, 2008 through June 12, 2008, resulted in a slope failure beneath Shirttail Gulch Road. FEMA prepared PW 469 to stabilize the slope and repair the damage. On November 25, 2008, the Applicant requested a scope of work change to repair damage caused by a second slope failure that was triggered by 5 inches of rain from a November 1, 2008 storm. FEMA determined that the damage was not a direct result of the declared disaster and denied the Applicant’s request on May 26, 2009. In its second appeal, submitted April 8, 2010, the Applicant maintained that the additional slope failures are a direct result of the declared disaster and that the movement of the soil is a single, continuous event.
Issue: Is the additional damage from the subsequent slope failure eligible?
Rationale: 44 CFR §206.223(a)(1),General Work Eligibility; Recovery Policy RP9524.2 Landslides and Slope Failures, May 23, 2006.