Crown Point Drive sinkholes
Appeal Brief
Appeal Letter
Citation: FEMA-1203-DR-CA; City of San Diego; PA ID 073-66000; DSR 01355/96432
Cross Reference: El Ni?o storms and floods; Sewer system damage; Deferred maintenance; eligible facility repairs.
Summary: The City of San Diego requested federal disaster assistance following the 1998 storms caused by El Ni?o to repair damages its storm drain system sustained. The City requested funds to replace 235 linear feet of corrugated metal that sustained damage with reinforced concrete pipe (RCP), and to repair two sinkholes that had developed on private property. FEMA wrote DSR 01355 for $34,938 but only approved it for $14,111 to repair the pipeline between the sinkholes. It was determined that the sewer system suffered from deferred maintenance. The City requested an independent FEMA/State review of the determination and a review team was appointed. The team made a recommendation to install 88 feet of reinforced concrete pipe and fill the sinkholes. The City appealed the recommendation on May 24, 1999, requesting that FEMA reinstate the entire draft DSR for $34,938. The Regional Director denied the appeal because the applicant had failed to show that the portion of the sewer system was damaged by the incident. The Regional Director also determined that because the sewer system suffered from deferred maintenance prior to the incident, funding for its repair was not eligible. DSR 01355 was deobligated. The City has now submitted its second appeal in which it concedes that the sewer system was in a deteriorated condition before the disaster and is not requesting repairs to the system. However, it still requests that FEMA reinstate DSR 01355 for $14,111 to replace 88 linear feet of RCP between the two sinkholes that developed when the pipeline collapsed.
Issue: Should FEMA reimburse the City for repairs to its storm drains that collapsed causing sinkholes on private property?
Findings: FEMA accepts the determination of the independent FEMA /State review team that federal assistance should pay for the repairs to the sinkholes including 88 linear feet of RCP between the sinkholes and at the outlet ends of the section.
Rationale: 44 CFR 206.223.
Appeal Brief
| Disaster | FEMA-1203-DR |
| Applicant | City of San Diego |
| Appeal Type | Second |
| PA ID# | 073-66000 |
| PW ID# | 01355, 96432 |
| Date Signed | 2000-09-14T04:00:00 |
Cross Reference: El Ni?o storms and floods; Sewer system damage; Deferred maintenance; eligible facility repairs.
Summary: The City of San Diego requested federal disaster assistance following the 1998 storms caused by El Ni?o to repair damages its storm drain system sustained. The City requested funds to replace 235 linear feet of corrugated metal that sustained damage with reinforced concrete pipe (RCP), and to repair two sinkholes that had developed on private property. FEMA wrote DSR 01355 for $34,938 but only approved it for $14,111 to repair the pipeline between the sinkholes. It was determined that the sewer system suffered from deferred maintenance. The City requested an independent FEMA/State review of the determination and a review team was appointed. The team made a recommendation to install 88 feet of reinforced concrete pipe and fill the sinkholes. The City appealed the recommendation on May 24, 1999, requesting that FEMA reinstate the entire draft DSR for $34,938. The Regional Director denied the appeal because the applicant had failed to show that the portion of the sewer system was damaged by the incident. The Regional Director also determined that because the sewer system suffered from deferred maintenance prior to the incident, funding for its repair was not eligible. DSR 01355 was deobligated. The City has now submitted its second appeal in which it concedes that the sewer system was in a deteriorated condition before the disaster and is not requesting repairs to the system. However, it still requests that FEMA reinstate DSR 01355 for $14,111 to replace 88 linear feet of RCP between the two sinkholes that developed when the pipeline collapsed.
Issue: Should FEMA reimburse the City for repairs to its storm drains that collapsed causing sinkholes on private property?
Findings: FEMA accepts the determination of the independent FEMA /State review team that federal assistance should pay for the repairs to the sinkholes including 88 linear feet of RCP between the sinkholes and at the outlet ends of the section.
Rationale: 44 CFR 206.223.
Appeal Letter
September 14, 2000
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741
Re: Second Appeal - FEMA-1203-DR-CA; P.A. ID 073-66000; City of San Diego, DSRs 01355/96432. Log # DET/73027/73500.
Dear Mr. Christian:
This is in response to your letter dated March 21, 2000, forwarding the January 12, 2000, and February 25, 2000, second appeal letters from the City of San Diego. The applicant is appealing the Federal Emergency Management Agency's (FEMA's) deobligation of Damage Survey Report (DSR) 01355 that was prepared to repair two sinkholes that developed on private properties on Crown Point Drive.
In the aftermath of the early 1998 storms and flooding caused by El Ni?o, the City applied for disaster assistance to repair or replace 235 linear feet of a corrugated metal pipe (CMP) storm drain that had failed. The City also requested assistance to repair two sinkholes that had developed on private property caused by the collapse of a portion of the pipeline. The City claimed that the CMP failure was caused by the disaster. FEMA wrote DSR 01355 on September 10, 1998, describing repairs to the facility at a cost of $34,938. FEMA, however, only approved the DSR for $14,111 to install 88 feet of reinforced concrete pipe (RCP) in the vicinity of the pipeline collapse. The storm drain system had suffered from deferred maintenance and was severely degraded to the point that the City was considering rehabilitating the entire system even before the disaster. The applicant requested an independent FEMA/State review of this determination.
On April 1, 1999, the Governor's Office of Emergency Services (OES) wrote the City with the result of the FEMA /State review. The letter included the findings of the review team on the subject project as well as four other projects for which the applicant had requested FEMA/State review. The team determined that the restoration project on DSR 01355 should be treated as an improved project and that the eligible cost should be limited to replacing the pipeline in the area between the sinkholes plus an additional 20 linear feet of RCP at each end.
The City submitted a May 24, 1999, appeal, which you forwarded to the Regional Director on July 12, 1999. In the appeal, the City expressed its disappointment with the results of the FEMA/State review and requested the reinstatement of the entire draft DSR written for $34,938. It continued to argue that the storm was responsible for all the failures of the sewer and storm drains in the city. In a September 4, 1998, document that listed its damages, the City had stated, ".sediment was picked up at locations where corrosion had eaten through the pipe walls exposing the surrounding soil and rock. This material, transported at a high velocity, created a severe abrasive action on the pipe with an especially detrimental effect to that portion of the pipe below spring line." FEMA's independent analysis had previously determined that the pipeline had suffered from deferred maintenance and needed to be replaced even before the incident. The Regional Director found that the damage to the pipe, even the collapsed section, was not primarily a result of the disaster event. Therefore, the Regional Director denied the appeal on November 24, 1999, with the determination that no funding was eligible for the project. The Regional Director generated DSR 96432 to deobligate the funding that had previously been approved.
I have carefully reviewed the documentation provided by the City in this second appeal as well as the Regional Director's first appeal determination. In this second appeal, the applicant concedes that the sewer system was in a deteriorated condition before the disaster and is not requesting repairs to the entire system. However, it still requests that FEMA pay for the replacement of the pipeline around the two sinkholes that developed as a result of the collapse of the pipe. In view of the FEMA/State review team's finding, I concur with your recommendation to reinstate DSR 01355 in the amount of $14,111 to fund replacing the pipeline between the sinkholes. Therefore, I am approving the City's appeal to reinstate the DSR. By copy of this letter I am requesting the Regional Director to implement my determination.
Please inform the subgrantee of my determination. In accordance with the appeal procedure set forth in 44 CFR 206.206, my decision constitutes the final decision on this matter.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc. Martha Whetstone
Regional Director
FEMA Region IX
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741
Re: Second Appeal - FEMA-1203-DR-CA; P.A. ID 073-66000; City of San Diego, DSRs 01355/96432. Log # DET/73027/73500.
Dear Mr. Christian:
This is in response to your letter dated March 21, 2000, forwarding the January 12, 2000, and February 25, 2000, second appeal letters from the City of San Diego. The applicant is appealing the Federal Emergency Management Agency's (FEMA's) deobligation of Damage Survey Report (DSR) 01355 that was prepared to repair two sinkholes that developed on private properties on Crown Point Drive.
In the aftermath of the early 1998 storms and flooding caused by El Ni?o, the City applied for disaster assistance to repair or replace 235 linear feet of a corrugated metal pipe (CMP) storm drain that had failed. The City also requested assistance to repair two sinkholes that had developed on private property caused by the collapse of a portion of the pipeline. The City claimed that the CMP failure was caused by the disaster. FEMA wrote DSR 01355 on September 10, 1998, describing repairs to the facility at a cost of $34,938. FEMA, however, only approved the DSR for $14,111 to install 88 feet of reinforced concrete pipe (RCP) in the vicinity of the pipeline collapse. The storm drain system had suffered from deferred maintenance and was severely degraded to the point that the City was considering rehabilitating the entire system even before the disaster. The applicant requested an independent FEMA/State review of this determination.
On April 1, 1999, the Governor's Office of Emergency Services (OES) wrote the City with the result of the FEMA /State review. The letter included the findings of the review team on the subject project as well as four other projects for which the applicant had requested FEMA/State review. The team determined that the restoration project on DSR 01355 should be treated as an improved project and that the eligible cost should be limited to replacing the pipeline in the area between the sinkholes plus an additional 20 linear feet of RCP at each end.
The City submitted a May 24, 1999, appeal, which you forwarded to the Regional Director on July 12, 1999. In the appeal, the City expressed its disappointment with the results of the FEMA/State review and requested the reinstatement of the entire draft DSR written for $34,938. It continued to argue that the storm was responsible for all the failures of the sewer and storm drains in the city. In a September 4, 1998, document that listed its damages, the City had stated, ".sediment was picked up at locations where corrosion had eaten through the pipe walls exposing the surrounding soil and rock. This material, transported at a high velocity, created a severe abrasive action on the pipe with an especially detrimental effect to that portion of the pipe below spring line." FEMA's independent analysis had previously determined that the pipeline had suffered from deferred maintenance and needed to be replaced even before the incident. The Regional Director found that the damage to the pipe, even the collapsed section, was not primarily a result of the disaster event. Therefore, the Regional Director denied the appeal on November 24, 1999, with the determination that no funding was eligible for the project. The Regional Director generated DSR 96432 to deobligate the funding that had previously been approved.
I have carefully reviewed the documentation provided by the City in this second appeal as well as the Regional Director's first appeal determination. In this second appeal, the applicant concedes that the sewer system was in a deteriorated condition before the disaster and is not requesting repairs to the entire system. However, it still requests that FEMA pay for the replacement of the pipeline around the two sinkholes that developed as a result of the collapse of the pipe. In view of the FEMA/State review team's finding, I concur with your recommendation to reinstate DSR 01355 in the amount of $14,111 to fund replacing the pipeline between the sinkholes. Therefore, I am approving the City's appeal to reinstate the DSR. By copy of this letter I am requesting the Regional Director to implement my determination.
Please inform the subgrantee of my determination. In accordance with the appeal procedure set forth in 44 CFR 206.206, my decision constitutes the final decision on this matter.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc. Martha Whetstone
Regional Director
FEMA Region IX
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