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Second Appeal Brief
PA ID# 041-99041-00; Marin County
PW ID# Project Worksheets 3561 and 3802; Stetson Avenue
FEMA-1628-DR-CA, Marin County, Stetson Avenue, PW 3561 and 3802Cross-reference:
Emergency Protective Measures; LandslidesSummary:
Heavy rains from December 17, 2005, through January 3, 2006, caused the slope located on the private property at 23 Stetson Avenue in Marin County (Applicant) to become over saturated. The heavy saturated soil produced a slope failure measuring approximately 55 feet wide by 70 feet long, and 7 feet in average depth. The work was originally classified as Category G, and was declared ineligible because the Applicant was unable to demonstrate that the landslide occurred on land it owned.
In its first appeal dated October 27, 2006, the Applicant included proof that it owned the property on which the landslide occurred, and a geotechnical report with evidence that the slide was not caused by a pre-existing condition. In the first appeal, the Applicant argued that an immediate threat to the adjacent improved private property existed. The Applicants geotechnical engineer recommended construction of a 1,050 square-foot soil nail and shotcrete retaining wall. The Deputy Regional Administrator partially granted the first appeal and authorized funding for a 350 square-foot retaining wall system.
In its second appeal, the Applicant requested additional assistance of $123,130 to fund the entire 1,050 square feet of retaining wall. The Applicant also requested funding for the entire geotechnical study since it was instrumental in FEMAs decision to fund a 350 square-foot retaining wall and 100 percent of the contractors mobilization and demobilization costs.Issues:
Does FEMA retain the authority to define the extent of an eligible emergency protective measure?Findings:
44 CFR §206.225; FEMA Response and Recovery Policy 9524.2, Landslides and Slope Failures