Appeal Brief | Appeal Letter | Appeal Analysis | Back
Second Appeal Brief
PA ID# 035-00000; Clearwater County
PW ID# 29231; Embankment and Culvert Repair, Hall Road MP 0.8
FEMA-1154-DR-ID; Clearwater County; DSR 29231
Landslide Policy, Facility Restoration, Hazard Mitigation
Heavy rains damaged the culvert and embankment at Lower Hall Road MP 0.8. The damage consisted of culvert distortion, erosion beneath the culvert, and embankment settlement. DSR 29231 stated that repairs to the site were ineligible under FEMA's landslide policy because unstable landslide debris beneath the road caused the damage. In its first appeal, the subgrantee asked that DSR 29231 be reviewed based on a geotechnical consultant's report. The consultant concluded that the ground beneath the road is stable, and that the movement was confined to the fill comprising the embankment. The Regional Director denied the subgrantee's appeal because no information had been supplied that would change the conclusions of instability. In its second appeal, the subgrantee re-stated the conclusions presented in its consultant's report regarding the apparent stability of the natural ground and the instability of the fill comprising the embankment. Clearwater County (County) maintains that the site is eligible, and can be properly restored for $38,122. The site was re-inspected by a FEMA, the State of Idaho, Bureau of Disaster Services and County team in May 2000. They state in their report that they did not find enough substantial evidence to either prove or disprove that the site is eligible for FEMA Public Assistance funding. If the site is stable, the report recommends that the facility be repaired rather than replaced.
1) Was the settlement of the roadway caused by unstable natural ground?2) Is culvert replacement eligible?
1) No. The settlement was caused by poor compaction of the embankment fill materials.2) 3) Yes. The repair of the culvert in place is not feasible
A facility is considered eligible for replacement when repair is not feasible (44 CFR 206.226 (d)(1))