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Second Appeal Brief
PA ID# 037-UZCA3-00; Los Angeles County
PW ID# Project Worksheet 570; Rosemead Blvd. Reinforced Concrete Pipe (RCP) Trunk Sewer Line
FEMA-1585-DR-CA; Los Angeles County Sanitation Districts (Applicant)
Improved Project; Environmental Compliance
In February 2005, high flows in a flood connector channel near Rosemead Boulevard eroded the soil around a 60-inch RCP raw sewer trunk line, exposing approximately 80 feet of sewer line, with 30 feet undermined and suspended. FEMA prepared PW 570 to place grouted rip-rap instead of fill to support and protect an 80-foot section of the sewer line across the 15-foot wide easement. The estimated cost of the work was $44,750.75. The Applicant submitted a Net Small Project Overrun appeal requesting that FEMA revise the scope of work and increase the project cost to $990,556. The revised scope of work consisted of a 4.5–foot thick blanket of rip-rap that covers the pipe and slopes on both sides of the pipe to 15 feet below the invert over a distance of 150 feet instead of 80 feet. The Applicant also increased the width from of the project 15 feet to 90 feet. The Acting Regional Director denied the first appeal stating that the constructed work was a significant expansion of the eligible scope of work (Improved Project). Since the constructed project exceeded the original approved scope of work and FEMA had not conducted a review for environmental compliance, FEMA could not fund any portion of the project. Thus, FEMA de-obligated PW 570. The second appeal included a copy of the Finding of No Significant Impact (FONSI), which was subsequently issued by Region IX.
1. Is the increased scope of work completed by the Applicant eligible for additional funding?
2. Does the FONSI fulfill the environmental requirements for funding?
1. No. The work completed is a significant improvement over the work specified in PW 570; therefore, the work greater than the approved scope of work is not eligible for funding under the Public Assistance Program.
2. Yes. The FONSI fulfills FEMA’s responsibility of completing the necessary environmental compliance requirements; thereby, allowing FEMA to approve federal funding. The original estimate of $44,750.75 should be re-obligated.
Stafford Act Section 406(e), 44 CFR §206.203(d)(1), 44 CFR §206.226