Debris removal from various debris basins

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

DisasterFEMA-1044-DR
ApplicantVentura Flood Control District
Appeal TypeSecond
PA ID#111-91042
PW ID#Multiple
Date Signed1998-03-05T05:00:00
Citation: FEMA-1044-DR-CA; Ventura County Flood Control District; Multiple DSRs

Cross Reference: Debris basins, Debris removal

Summary: The winter storms of 1995 caused flooding throughout Ventura County. DSRs 11373, 46587, 11372, 11388, 11389, 11376, 11398, and 11399 were prepared for debris removal from various debris basins in Ventura County. FEMA suspended the DSRs in May 1996 because the Ventura County Flood Control District did not complete the work within six months of the incident, indicating that the work was not in response to an immediate threat pursuant to 44 CFR 206.224. Following a first appeal, FEMA found that the subgrantee provided sufficient justification for the delays and prepared supplemental DSRs for debris removal. The total funding provided in these DSRs was $1,283,109. The subgrantee appealed the accuracy of the Region's calculations of eligible funding. The subgrantee stated that the Region determined the average annual debris potential (AADP) based on ten-years of maintenance data despite being provided with 30 years of maintenance data, and contended that all 30 years should be considered in calculations. The subgrantee also stated that the Region estimated debris deposition between cleanouts by multiplying the AADP by the number of years between cleanouts. The subgrantee contends that, because there is only significant precipitation six-months out of the year, debris deposition should be determined based on the number of wet seasons between cleanouts. This method results in a total of $1,421,425 requested by the subgrantee.

Issues:
  1. Is ten-years worth of maintenance data sufficient for calculating AADP?
  2. Should debris deposition be based on wet seasons?
Findings:
  1. Yes. Ten years is sufficient data for calculating AADP.
  2. Yes. Non-disaster debris amounts will be determined by multiplying the AADP by the number of wet seasons between the last pre-disaster aerial survey and the disaster declaration. Supplemental DSRs should be prepared to provide an additional $478,850 of funding.
Rationale: Determining AADP based on ten-years of data more accurately reflects current trends in debris deposition than 30-year data when considering changes in land use and climate. When determining non-disaster debris quantities it is reasonable to assume that no significant debris deposition occurs during months with little precipitation. Therefore, calculations for determining debris quantities should be based on the number of wet seasons experienced as opposed to years elapsed between aerial surveys and the disaster declaration.

Appeal Letter

March 5, 1998

Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
74 North Pasadena Avenue, West Annex. Third Floor
Pasadena, California 91103

Dear Mr. Najera:

This letter is in response to your August 22, 1997, submittal of the Ventura County Flood Control District's second appeal of Damage Survey Reports (DSRs) 11373, 46587, 11372, 11388, 11389, 11376, 11398, and 11399 under FEMA-1044-DR-CA. These DSRs were prepared to fund debris removal from various debris basins throughout Ventura County.

Based on the documentation provided, I have determined that ten years of maintenance data provides a more accurate reflection of current trends in debris deposition for calculating average annual debris potential than 30 years of data. I have also found that the subgrantee is justified in their contention that the estimation of non-disaster debris is more accurately calculated based on wet seasons experienced as opposed to years elapsed. As explained in the enclosed analysis, I have determined that disaster-related debris is best determined by finding the difference between the pre-disaster and post-disaster capacities of the debris basins as determined by aerial surveys. By using this method of calculation the amount determined eligible is actually greater than that requested by the applicant. The appeal is granted although for a different reason than used by the applicant. By copy of this letter, I am requesting the Regional Director to prepare supplemental DSRs to fund an additional total of $478,850 for debris removal from the subject debris basins. Please inform the applicant of my determination.

Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

Enclosure

cc: Acting Regional Director
FEMA Region IX

Appeal Analysis

BACKGROUND
The winter storms of 1995 caused flooding throughout Ventura County. The Federal Emergency Management Agency (FEMA) prepared damage survey reports (DSRs) 11373, 46587, 11372, 11388, 11389, 11376, 11398, and 11399 in July 1995, for debris removal from debris basins throughout the county. The scope of work described in the DSRs was for the removal and disposal of silt and debris to return the facilities to pre-disaster conditions. FEMA notified the California Governor's Office of Emergency Services (OES) that the DSRs were suspended or found ineligible due to the Ventura County Flood Control District's (subgrantee) failure to complete the work within six months after the incident. The delay in completing repairs indicated that the work did not eliminate an immediate threat pursuant to Title 44 of the Code of Federal Regulations (CFR), section 206.224.

First Appeal
The subgrantee submitted a first appeal letter to OES dated May 29, 1996. In this letter, the subgrantee explained that "due to the late rainy season, wet soil conditions and protracted permit negotiations and processing," the completion of work was delayed. The subgrantee, therefore, requested that FEMA reconsider its determinations of ineligibility for the removal of debris from the debris basins. OES forwarded this appeal with a letter of transmittal dated July 12, 1996.

FEMA approved this appeal in a March 10, 1997, letter. Supplemental DSRs 83592, 83593, 83594, 83595, 83596, 83597, 83598, and 83599 were prepared for DSRs 11373, 46587, 11372, 11388, 11389, 11376, 11398, and 11399 respectively to provide funding for debris removal limited to those costs associated with restoring the facilities to their pre-disaster conditions. The eligible amount of funding was determined by subtracting the amount of non-disaster debris deposited between pre- and post-disaster cleanouts from the total amount of debris removed following the disaster. The amount of non-disaster debris deposited was determined by multiplying the number of years between cleanouts by an average annual debris potential (AADP) value based on ten-year data. The total funding found eligible was $1,283,109.

Second Appeal
The subgrantee appealed the accuracy of the Region's calculations of eligible debris removal funding in a June 30, 1997, letter to OES. The subgrantee asserted that the Region did not use a sufficient quantity of data to calculate the AADP, and used an incorrect multiplier for estimating disaster-related debris eligible for FEMA-funded removal.

DISCUSSION
The subgrantee stated that the Region's method of calculating the AADP for the various debris basins by using ten years of maintenance data is inaccurate. The subgrantee contends that the AADP should be calculated using all 30 years of maintenance data provided to the Region. We determined that ten years worth of maintenance data is more accurate for calculating the AADP. This data more accurately reflects current debris deposition trends and is more typical of current conditions. Therefore, we concur with the Region's method of determining the AADP for the eight debris basins.

The subgrantee also appealed the Region's method of determining debris deposition between cleanouts by multiplying the AADP by the number of years since the last cleanout. The subgrantee contends that, because there are only six months out of the year with significant precipitation, it is inaccurate to assume that each month has an equal amount of debris deposition. The subgrantee recommended that the pre-disaster debris level would be more accurately estimated by multiplying the AADP by the number of wet seasons between the last cleanout and the disaster declaration. When determining non-disaster debris deposition we can safely assume that debris basins do not accumulate debris during months with negligible precipitation. Therefore, we have determined that it is more accurate to estimate debris deposition based on wet seasons, disregarding dry months, than on years elapsed.

Upon review of the maintenance records and documentation provided, we have determined that the most accurate estimation of disaster-related debris deposition is found by subtracting the post-disaster basin capacity from the pre-disaster basin capacity. The pre-disaster basin capacity is found by subtracting the estimated amount of debris deposition between the last pre-disaster aerial survey and the disaster declaration, from the basin capacity provided by the last pre-disaster aerial survey. The amount of debris deposited between the last pre-disaster aerial survey and the disaster is found by multiplying the AADP (based on ten-year maintenance records) by the number of wet seasons between the last pre-disaster aerial survey and the disaster declaration. This difference yields the basin capacity just prior to the 1044-event. The difference between this capacity and the post-disaster capacity, provided by aerial survey, is the amount of debris eligible for FEMA-funded removal. With the exception of the Real Wash Debris Basin, post-disaster aerial surveys were taken following the 1046 disaster. Therefore, the determination of debris quantities eligible for FEMA funded removal includes debris from the 1044 and 1046 storms. In the instance of the Real Wash Debris Basin, cleanouts occurred following both the 1044 and 1046 storms. Because there has been no funding provided for debris removal from the 1046-event for these facilities prior to this determination, FEMA will consider this determination to address both disasters to avoid future duplication of funds.

CONCLUSION
The appeal is granted. The Regional Director will prepare supplemental DSRs to provide additional funding for debris removal based on the differences between pre-disaster and post-disaster capacities of the basins. The total amount of eligible funding for debris removal has been determined to be $1,761,959 ($1,283,109 of which has already been provided). Attached to this analysis is a list of DSRs and basins affected by this decision, as well as a summary of the subsequent changes in funding. Please also find attached calculations by which these changes were determined for each debris basin.


DSR

Supplement to

DSR

Debris Basin

Amount Eligible

Eligible Quantity (CY)

Amount Eligible

Additional Funding

yyy

First Appeal

Second Appeal

Second Appeal

y

83592

11373

Gabbert Canyon

$54,900

33,011

$109,266

$54,366

83593

46587

Jepson Wash

$19HTH="15%" VALIGN="TOP">

$230,520

$35,017

83594

11372

Fox Barranca


$73,772

24,598

$209,083

$135,311

83595

11388

Warring Canyon

$190,355

46,464

$224,421

$34,066

83596

11389

Real Wash

$115,745

50,410

$253,562

$137,817

83597

11376

Coyote Canyon

$54,208

12,840

$76,270

$22,062

83598

11398

Fagan Canyon

$268,054

44,362

$321,625

$53,571

83599

11399

Adams

$330,572

58,040

$337,212

$6,640

yy

Total:

$1,283,109

300,461

$1,761,959

$478,850





Gabbert Canyon Debris Basin
DSR: 11373/83592 Nominal Basin Capacity: 49,050 CY

Last pre-disaster aerial survey: 1/94
Remaining Capacity: 52,065 CY
Wet seasons between last survey and disaster: 1 AADP: 11,204 CY
Volume of debris accumulated = AADP x wet seasons= 11,204 CY x 1 = 11,204 CY
Pre-disaster Capacity = Remaining capacity - Volume of debris accumulated= 52,065 CY - 11,204 CY= 40,861 CY

Post-disaster aerial survey: 5/95
Remaining Capacity: 7,850 CY
Volume of disaster debris = Pre-disaster Capacity - Post-disaster Capacity= 40,861 CY - 7,850 CY= 33,011 CY

Total quantity eligible by FEMA: 33,011 CY
Contract cost per CY: x $3.31
ELIGIBLE FEMA FUNDING: $109,266.41


Jepson Wash Debris Basin
DSR: 46587/83593 Nominal Basin Capacity: 54,750 CY

Last pre-disaster aerial survey: 1/94
Remaining Capacity: 56,083 CY
Wet seasons between last survey and disaster: 1
AADP: 3,997 CY
Volume of debris accumulated = AADP x wet seasons = 3,997 CY x 1 = 3,997 CY
Pre-disaster Capacity = Remaining capacity - Volume of debris accumulated = 56,083 CY - 3,997 CY = 52,086 CY

Post-disaster aerial survey: 6/95
Remaining Capacity: 21,350 CY
Volume of disaster debris = Pre-disaster Capacity - Post-disaster Capacity = 52,086 CY - 21,350 CY = 30,736 CY

Total quantity eligible by FEMA: 30,736 CY
Contract cost per CY: x $7.50
ELIGIBLE FEMA FUNDING: $230,520


Fox Barranca Debris Basin
DSR: 11372/83594 Nominal Basin Capacity: 19,300 CY

Last pre-disaster aerial survey: 6/94
Remaining Capacity: 25,480 CY
Wet seasons between last survey and disaster: 0.33 AADP: 4,127 CY
Volume of debris accumulated = AADP x wet seasons = 4,127 CY x .33 = 1,362 CY
Pre-disaster Capacity = Remaining capacity - Volume of debris accumulated = 25,480 CY - 1,362 CY = 24,118 CY

Post-disaster aerial survey: 5/95
Remaining Capacity: -480 CY (debris "stacked up" above full line)
Volume of disaster debris = Pre-disaster Capacity - Post-disaster Capacity = 24,118 CY - (-480) CY = 24,598 CY

Total quantity eligible by FEMA: 24,598 CY
Contract cost per CY: x $8.50
ELIGIBLE FEMA FUNDING: $209,083


Warring Canyon Debris Basin
DSR: 11388/83595 Nominal Basin Capacity: 59,500 CY

Last pre-disaster aerial survey: 3/94
Remaining Capacity: 62,770 CY
Wet seasons between last survey and disaster: 0.667 AADP: 7,101 CY
Volume of debris accumulated = AADP x wet seasons = 7,101 CY x .667 = 4,736 CY
Pre-disaster Capacity = Remaining capacity - Volume of debris accumulated = 62,770 CY - 4,736 CY = 58,034 CY

Post-disaster aerial survey: 6/95
Remaining Capacity: 11,570 CY
Volume of disaster debris = Pre-disaster Capacity - Post-disaster Capacity = 58,034 CY - 11,570 CY = 46,464 CY

Total quantity eligible by FEMA: 46,464 CY
Contract cost per CY: x $4.83
ELIGIBLE FEMA FUNDING: $224,421.12


Real Wash Debris Basin
DSR: 11389/83596 Nominal Basin Capacity: 31,600 CY

Last pre-disaster aerial survey: 12/94
Remaining Capacity: 30,750 CY
Wet seasons between last survey and disaster: 0 AADP: 5,225 CY
Volume of debris accumulated = AADP x wet = 5,225 CY x 0 = 0 CY
Pre-disaster Capacity = Remaining capacity - Volume of debris accumulated = 30,750 CY - 0 CY = 30,750 CY
Emergency Cleanout: 2/95 Amount Removed: 22,160 CY
Aerial Survey: 5/95 Remaining Capacity: 3,000 CY
Cleanout: 12/95 Amount Removed: 28,250 CY
Aerial Survey: 12/95 Remaining Capacity: 31,250 CY

Total amount of debris removed = 22,160 CY + 28,250 CY = 50,410 CY

Total quantity eligible by FEMA: 50,410 CY
Contract cost per CY: x $5.03
ELIGIBLE FEMA FUNDING: $253,562.30


Coyote Canyon Debris Basin
DSR: 11376/83597 Nominal Basin Capacity: 25,300 CY

Last pre-disaster aerial survey: 12/94
Remaining Capacity: 25,740 CY
Wet seasons between last survey and disaster: 0 AADP: 3,447 CY
Volume of debris accumulated = AADP x wet seasons = 3,447 CY = 0 CY
Pre-disaster Capacity = Remaining capacity - Volume of debris accumulated = 25,740 CY - 0 CY = 25,740 CY

Post-disaster aerial survey: 5/95
Remaining Capacity: 12,900 CY
Volume of disaster debris = Pre-disaster Capacity - Post-disaster Capacity = 25,740 CY - 12,900 CY = 12,840 CY

Total quantity eligible by FEMA: 12,840 CY
Contract cost per CY: x $5.94
ELIGIBLE FEMA FUNDING: $76,269.60


Fagan Canyon Debris Basin
DSR: 11398/83598 Nominal Basin Capacity: 71,200 CY

Last pre-disaster aerial survey: 9/94
Remaining Capaciolum CY - 42,100 CY = 44,362 CY

Total quantity eligible by FEMA: 44,362 CY
Contract cost per CY: x $7.25
ELIGIBLE FEMA FUNDING: $321,624.50


Adams Debris Basin
DSR: 11399/83599 Nominal Basin Capacity: 72,000 CY

Last pre-disaster aerial survey: 9/94
Remaining Capacity: 84,200 CY
Wet seasons between last survey and disaster: 0.33 AADP: 5,940 CY
Volume of debris accumulated = AADP x wet seasons = 5,940 CY x .33 = 1,960 CY
Pre-disaster Capacity = Remaining capacity - Volume of debris accumulated = 84,200 CY - 1,960 CY = 82,240 CY

Post-disaster aerial survey: 6/95
Remaining Capacity: 24,200 CY
Volume of disaster debris = Pre-disaster Capacity - Post-disaster Capacity = 82,240 CY - 24,200 CY = 58,040 CY

Total quantity eligible by FEMA: 58,040 CY
Contract cost per CY: x $5.81
ELIGIBLE FEMA FUNDING: $337,212.40
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