RP9S24.2 RECOVERY POLICY I. III U: Landslides and Slope Stability Related to Public Facilities II. DAlE: OCT 8 III. I'URPOSE: This policy determines the eligibility of emergency work to protect eligible facilities threatened by landslides or slope failures that arc lhe direct result of Prcsidcntially-dccbrcd emergency or disaster; as well as the eligibility of permanent repairs to eligible facilities damaged by landslides or slopes that failed during an event that resulted in a Presidentially-declared emergency or major disaster. IV. SCOPE AND AUDIENCE: The policy is applicilblc to all major disasters and emergencies declared on or ..fter the date of publication of this policy. It is intended for usc by personnel involved in the administration of the Public Assistance I-'rogrd as a direct result of a Presidentially declnred disaster if the measure (1) lessens or eliminntes immediate threats to life, public henlth nnd safety; or (2) is cost effective and lessens or eliminates immediate threats of significant additional dnmage to improved property. Emergency proteclive measures should be the least costly option necessary to nllevinte the threat and should be consistent with sound engineering practice. a) Reasonable costs for site inspections and limited gt.'Otechnical assessments to determine if the failed slope poses an immediate threat to lives, publiC health nnd safety, or improved property arc eligible. b) Exnmples of el igib\e emergency protective mensu res include but are not limited to: i. Temporary drainnge mensures; II. Tempomry ground protection to better stnbilize the mnss (e.g., riprap, sheeting); 111. Partial excavation nt the hcad of a sliding mass to reduce driving force; RP9S24.2 iv. Backfilling or buttressing at the toe of a sliding mass (e.g., grabions, rock tocs, cribwa\ls, binwalls, soldier pile walls); v. Installntion of barriers to redirect debris flows; and vi. Temporary reloca tion of n fneility's function. 2. Section 407, Debris Removal (42 U.s.c. 5173) Pursuant to 44 CFR §206.224, Debris Removal, removal of debris generated by a slope failure is eligible when necessary to eliminate immediate threats to life, public health and safety or eliminate immediate threats of significant damage to improved property, or to ensure the economic recovery of the affected community to the benefit of the community-at-large. 3. Section 406, Repair, Restoration, and Replacement of Damaged Facilities (42 USc. 5172) FEMA must determine the stability of the site where the damaged facility is located before it can approve funding to repair or restore an eligible facility and its integral ground. Reasonable costs for site inspections and limited geotechnical assessments to determine site stability and the exact cause of the slope failure are eligible. a) If the site is stable, FEMA will fund the permanent repair or restoration of an eligible facility and its integral ground. b) If the site is unstable and the instability is the direct result of the declared disaster (i.e., there is no evidence of instability after the facility was constructed and before the disaster), FEMA will fund the permanent repair or restoration of an eligible facility and its integral ground. c) Pursuant to 44 CFR §206.226(g), Relocatioll, FEMA may approve the permanent relocation of a ftlcility if it determines that the facility is and will be subject to repetitive heavy damage. FEMA will make this determination on a case-by-case basis. If the site will likely fail again, FEMA Illay determine that it is not wise to restore the eligible facility in its original location. If FEMA approves permanent relocation of a faCility, eligible work would include land acquisition and ancillary facilities, such as roads and utilities, and demolition and removal of the old facility. RP9524.2 FEMA RECOVERY POLICY d) Pursuant to 44 e FR §206.203(d)(2), Federal Grant Assistance, rlll/dillg Optiot/:;, Allert/lite Projects, an applicant may request an alternate project if the rcpnir, restoration, or replacement of a facility is not feasible due to soil instability. (Sec Attachment, Figure 3). Addilionnl guidance is tlvnih,blc in Disaster Assistance Policy DAP9525.13, Altemnfe Projects. c) Pursuant to 44 eFR §206.226(e) Restoration of damaged facilities, Hazard mitigation, FEMA may provide discretionary hnzilrd mitigation funding under Section 406 of the Stafford Act in conjunction with the repair of eligible disaster-damaged facilities. The mitigation measures must be related to eligible disaster-related damage and should directly reduce the potential of future, similar disaster damages to the eligible facility. This work is usually performed on the parts of the facility that were actually damaged by the disaster. FEMA wi ll consider exceptions to this provision on a case·by·case basis: I. Mitigation measures mllst be cost effective and appropriate for the damaged facility and address the triggering event that eaused the slope ftlilure. ii. Mitigation measures should not require or induce further destabilization of the slope during work. iii. When possible, mitigation measures should increase slope stability by reducing the amount of grou.nd water that is able to collect and rise in the slope or collect in the foundation of a facility. IV. Mitigation may include replacing failed integral ground with fill that is wcll·graded material, designed and compacted to engineered specifications to support the eligible facility. C. Ineligible Work I. Permanent repair to stabilize natural ground that is not integral to an eligible fncility's function is ineligible. (See Attnchment, Figure 2). 2. Permnnent repnir or restoration of natural ground is ineligible. 3. Restoration of n facility's integral ground is ineligible if the site instability was NOT caused by the disaster (i.e., there is evidence of instability after the facility was constructed and before the disaster). RP9524.2 FEMA RECOVERY POLICY VIII. RESPONSIBLE OfFICE: Recovery Directorate (Public Assistance Division) IX. SUPERSESSION: -n,is policy supersedes Recovery Policy RP9S24.2, La"dslides alld Stope fai/llre!', dated May 23, 2006. X. REVIEW DA J'I~ : This policy docs not automatically expire, but wil l be reviewed three years from the date of publication. Deborah Ing a 1 Acting Assistant Administrator Recovery Directorate RP9S24.2 RECOVERY POLICY Attachment / Onglnal Ground Line Before Road Construction ....... ... L Road Level Before Failure Cut '----:\ Fill "., , , , , Natural Ground , , ., IntegCaI.s;round Failure ./I...... Mass > Failure Surface ~ •• ••.• --------#---- Figure 1: Slope failure in a typical cut-and-fill road section. Restoration of integral ground is a necessary component of work required to repair the road, and would involve excavation slightly beyond the limits of the failure surface. RP9524.2 RECOVERY POLICY Failure Mass Failure Surface ~---••• -••••• Road Natural Ground --- ---~ Integral Ground-Y-'-'--,- Figure 2: Failure of a large lateral extent of natural ground. The failure mass which threatens the road, an eligible facility, is primarily comprised of natural ground. The segment of natur::ll ground integral to the support of the road is eligible for repair or restoration. The natural ground along the failed slope is not integral to the road's support and is subsequently ineligible for Public Assistance funding. RP9524.2 FEMA RECOVERY POLICY . ~Original Gruund Une ._._.~Road Location Before Failure \ \ \ \ '., /:-\Failure Surface .. \ " . . \ . \ Failure Mass Figure 3: Special Considerations and Alternate Projects. 'n,is figure demonstrates a fnilurc of a slope along a road constructed by excavating into a hillside. In this case, it may be more cost effective to pursue other options, such as an allernatc project, under the Public Assistance Program.