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Second Appeal Summary
PA ID# 073-90100; Chuckanut Trails Water Associtation
DSR ID# 22999; Waterline Relocation
Citation: Appeal Brief; Second Appeal; Chuckanut Trails Association; FEMA-1159-DR-WA;
Cross Reference: DSR 22999; Waterline Relocation; Category F
Summary: As a result of the rainstorms of 1997, damage occurred to the Chuckanut Crest Drive roadway and shoulder in Bellingham, Washington. Due to failure of the roadway, 1,000 lineal feet of an 8" PVC fire-control waterline owned by the Chuckanut Trails Water Association (CTWA) was damaged. FEMA prepared DSR 22999 for $31,006 to relocate, replace and restore the waterline under the shoulder on the opposite side of the road because of an unstable roadway prism. The CTWA did not agree with the DSR Team's decision to relocate the waterline. The CTWA appealed the requirement that the waterline be moved to the other side of the road and the determination that the site was previously unstable. The Regional Director denied the appeal and reduced funding to $24,075 to restore the facility in its original location without stabilization and without restoring the roadway. In the second appeal, the CTWA stated that the DSR team made a hasty and uninformed decision concerning the cause of the damage and incorrectly labeled the cause of damage as a landslide. The CTWA submitted a memorandum from D. C. Staab, who was the State member of the original DSR team, which concluded "that these failures should not be categorized as landslides, but as slope erosion directly related to the disaster event."
- Was the waterline damage caused by the disaster?
- Was the roadway fill that contained the waterline unstable prior to the disaster?
- Yes. Documentation supported the cause of damage to be disaster related erosion and the waterline support was in an engineered fill embankment. Eligible expenses total $52,084, including $43,404 ($110,804 - $67,400) and $8,680 for engineering and geotechnical engineering (10 % each). The currently approved funding is $24,075, therefore an additional $28,009 is eligible for funding.
- No. The engineering and geologic reports support the stability of the roadway; therefore the waterline relocation and integral ground to support the waterline are eligible for FEMA funding.
Rationale: 44 CFR 206.223