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Second Appeal Brief
PA ID# 073-99073-00; San Diego County
PW ID# 904; Wynola Road
Citation: FEMA-1952-DR-CA, San Diego County, Slope Repairs – Wynola Road, Project Worksheet (PW) 904
Reference: Emergency Protective Measures, Roads, Project Management Costs
Summary: Severe storms resulted in erosion and road damage at five sites along Wynola Road. FEMA prepared PW 904 for $47,441 for San Diego County (Applicant) to repair damage to the slopes and shoulders, portions of the asphalt road and asphalt berms at four sites. The Applicant stated that removal of loose rock and soil from the upslope as Site 5 was necessary as it posed a danger to traffic. FEMA determined that Site 5 was not eligible as there was no damage to an eligible facility. The Applicant requested $1.5 million in the first appeal, which represented an estimate for the construction of geogrid reinforced slopes at Sites 1 through 4, emergency protective measures at Site 5, and significant project engineering costs. FEMA denied the appeal on the basis that Site 5 was not eligible and the proposed work at Sites 1 through 4 exceeded that which was necessary to repair the disaster-related damage. In the second appeal, the Applicant reduces the scope of proposed work and reduces the requested amount to $535,042. The Applicant claims omitted items, increased dimensions and higher costs are necessary, and cites previous FEMA funding for similar damage to support the work at Site 5. A review of the documentation submitted with the appeal supports the original scope of work and cost estimate identified in PW 904. The only eligible line items omitted from the original scope are the Water Pollution Control Plan and temporary erosion control measures for Sites 1 through 4. The requested addition of geogrid reinforcement is not eligible as it is not required or necessary to repair the road to pre-disaster condition. Further, the Applicant has not justified the requested increased quantities for road surface repairs. Due to the projects’ size and minimal complexity, construction management and project management is limited to 3 percent of the repair estimate and a reasonable estimate of the geotechnical investigation is allowed. Site 5 does not meet the criteria for emergency protective measures and is not eligible. The total eligible project amount is $56,371.
Issues: 1) Were eligible items omitted from the original scope of work?
2) Is it necessary to increase the project cost estimate?
3) Is Site 5 eligible for emergency protective measures?
Finding: 1) Yes, Water Pollution Control Plan and temporary erosion control are eligible.
Rationale: Section 406 of the Stafford Act; 44 CFR §206.226; 44 CFR §206.225; FEMA 322/June 2007, Public Assistance Guide, Recovery Policy 9524.2 Landslides and Slope Stability Related to Public Facilities (October 8, 2010)