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Second Appeal Brief
PA ID# 007-03150; City of Astoria
PW ID# Project Worksheets 177, 178, and 179; Commercial Street and First Street
FEMA-1672-DR-OR, City of Astoria, PWs 177, 178, and 179Cross-reference:
Landslides, Work EligibilitySummary:
Heavy storms from November 5, 2006, through November 8, 2006, caused extensive flooding in Astoria, Oregon. By March of 2007, pavement cracks resulted in 300 linear feet (LF) of damage to First Street, which fell approximately 10 feet. Commercial Street also sustained 480 LF of damage. The landslide area is bounded by Bond Street on the north, Hume Avenue on the west, and Duane Street and First Street on the southeast. FEMA prepared PW 175 for $196,243 to reimburse the Applicant for emergency protective measures. In addition, FEMA prepared PW 177 for repairs to utilities along Bond Street near Hume Avenue, and PWs 178 and 179 for roadway and utility repairs along First Street and Commercial Street. FEMA denied funding for PWs 177, 178, and 179 because it determined that the reported damages were the result of a reactivated historic landslide and concluded that the soil was not stable prior to the declared disaster.
The Applicant submitted its first appeal on June 28, 2007. The Applicant stated that the landslide was the direct result of the declared disaster. In addition, the Applicant submitted geotechnical analysis that stated that the soil was not unstable prior to the disaster. The Regional Director denied the Applicants appeal on September 7, 2007.
The Applicant submitted its second appeal on November 9, 2007, and supplemented its appeal on December 31, 2007, with a second geotechnical analysis. Issues:
Was the site stable prior to the declared disaster?Findings:
Section 406 of the Robert T. Stafford Disaster Recovery and Emergency Assistance Act, 42 U.S.C. §5172, as amended; and Response and Recovery Policy 9524.2, Landslide Policy Relating to Public Facilities