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Second Appeal Brief
PA ID# 001-53000-00; City of Oakland
PW ID# Project Worksheet 659; Work Eligibility
FEMA-1646-DR-CA; City of Oakland (Applicant)Cross-reference:
As a result of heavy rainfall between March 29 and April 16, 2006, the Federal Emergency Management Agency (FEMA) declared major disaster declaration FEMA-1646-DR-CA on June 5, 2006. The heavy rainfall caused saturation of the hillside above Alvarado Road and below Drury Court resulting in a significant portion of the hillside to slip downward approximately 12 feet partially depositing debris mud on Alvarado Road. FEMA prepared and determined ineligible Project Worksheet (PW) 659 to provide geotechnical consulting services and remove debris (mud) from the road. The Applicant submitted its first appeal on November 30, 2006, requesting that the funding be reinstated for the geotechnical consultant and for the city staff costs for the debris removal. The FEMA Region IX Regional Administrator denied the appeal on May 2, 2007, because the work done by the Applicants consultants determined that there was not an immediate threat. Also, the Applicant did not submit any documentation to support its claim for debris removal costs. The Applicant submitted its second appeal on June 5, 2007, requesting approval of funding for $13,095 for the geotechnical work up to when the Applicants consultants determined that there wasnt an immediate threat to Alvarado Road. Also, the Applicant submitted documentation of its costs for force account labor, equipment, and materials to supports its request of $5,193 for debris removal costs. The Governors Office of Emergency Services supports the Applicants appeal.Issues:
1. Are the costs for the geotechnical study eligible for reimbursement?
2. Are the Applicants debris removal costs eligible for reimbursement?Findings:
1. Yes. The Regional Administrator may authorize funding for post-disaster site inspections and limited geotechnical investigations to determine if the disaster created an unsafe condition that poses an immediate threat to life or improved property.
2. Yes. The Applicant submitted documentation that supports the eligibility of its debris removal costs.Rationale:
FEMA Policy 9524.2, Landslides and Slope Failures
; 44 CFR §206.224