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Second Appeal Summary
PA ID# 073-66000; City of San Diego
DSR ID# 01356/52105; 01364; El Ni?o damaged storm drain system
Citation: FEMA-1203-DR-CA; City of San Diego; PA ID 073-66000; DSR 01356/52105
Cross Reference: El Ni?o storms and floods; Sewer system damage; eligible facility repairs.
Summary: The City of San Diego requested federal assistance following the 1998 storms caused by El Ni?o for damages its storm drain system sustained. Two projects are the subject of this appeal-DSR52105 and DSR 01364. FEMA generated DSR 52105 (previously 01356) for $9,072 to repair a slope and to install 100 feet of 18-inch reinforced concrete pipe (RCP). The City asserted that a eucalyptus tree, which fell during the storm, uprooted the pipeline and that the tree fell because the slope had eroded due to the heavy rains. It, therefore, estimated the cost of the project at $140,000 and did not accept FEMA's estimate. The City requested the determination be referred to independent FEMA/OES review. The review team did not consider this project and informed the applicant that its only recourse was to appeal. The first appeal was submitted to the Regional Director (RD). The City asserted that storm drain failure history showed one per year, none of which were caused by deterioration. Following the disaster, however, the City experienced over 30 failures. The Regional Director denied the appeal because the applicant failed to show that damage was a direct result of the disaster. The RD determined that the pipeline was corroded and caused the ground to become saturated with the result that the tree fell. The City has now submitted a second appeal showing that the uprooted pipes were in good condition and reasoned that with a 2:1 grade slope, it was inconceivable for the pipes to keep water between flows to expedite corrosion. It also presented a revised cost summary of $54,336 to repair.
FEMA wrote DSR 01364 for $92,486 to repair sinkhole damage from storm sewer collapses in a development. The City estimated $650,000 for the same project and requested independent review to resolve the discrepancy. The review team recommended that FEMA treat the project as an improved project paying only for the sinkholes and a limited amount of RCP interconnection. In this second appeal, the applicant presented photos as evidence that, except for minor perforations, the pipeline had not deteriorated. It revised its claim to $104,416.
Issue: Is all the work being requested by the City in DSRs 52105 and 01364 eligible?
Findings: FEMA finds $13,000 of the City's estimate of $54,336 in DSR 52105 eligible for disaster funding. FEMA also finds $92,486 of the City's estimate of $104,416 in DSR 01364 eligible.
Rationale: 44 CFR 206.223 (a) (1).