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Second Appeal Brief
PA ID# 081-08310-00; City of Brisbane
PW ID# Project Worksheet 579; Slope Failure
FEMA-1646-DR-CA, City of Brisbane PW 579Cross-reference:
Landslides and Slope Failures, Emergency Protective MeasuresSummary:
As a result of severe spring rainstorms, a rockslide occurred on an embankment upslope from Humboldt Road. The rock wedge failure occurred beneath a residence at 484 Kings Road in the City of Brisbane (Applicant). On July 23, 2006, a site visit revealed that the same slope had failed in a prior disaster (FEMA-1628-DR-CA). FEMA prepared PW 579 for $340,956 but obligated at zero dollars due to a pre-existing instability of the slope.
The Applicant filed a first appeal on November 17, 2006, claiming that emergency protective measures to eliminate an immediate threat were eligible, even though the site had a history of instability. In addition, the Applicant noted that FEMAs Landslide Site Assessment Report (LSAR) identified an immediate threat at 484 Kings Road, at the northern end of the slope. Following a second site visit, FEMA determined that rockslides had occurred in a previous disaster (FEMA-1628-DR-CA) but that a new rock-wedge failure had occurred below the foundation of 484 Kings Road that was the result of FEMA-DR-1646-CA. The Regional Administrators first appeal decision granted funding for a 60-foot soil nail retaining wall to protect the residence at 484 Kings Road, but determined that the 165-feet K-rails installed after FEMA-1628 were adequate to protect Humboldt Road from future similar events. On October 1, 2007, the Applicant filed a second appeal.Issues:
Was the failure of the 100-foot section of slope above Humboldt Road a result of the disaster?
2. Was the rock-wedge failure at the foundation of 484 Kings Road a result of the disaster?Findings:
FEMA Recovery Policy 9524.2, Landslides and Slope Failures;
44 CFR §206.225 (3)