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Second Appeal Brief
PA ID# 165-23698-00; Village of Farley
PW ID# PW 252; Slope Failure
Citation:FEMA-1708-DR-MO, Village of Farley PW 252
The Village of Farley (Applicant) requested assistance from the Department of Homeland Securitys Federal Emergency Management Agency (FEMA) for funds to repair a section of Platte River Road damaged by a slope failure that created a one inch wide crack in the road the length of the slope. On July 13, 2007, FEMA conducted a site visit and determined that the site had been unstable prior to the flood event, and also noted that during previous disasters, FEMA-1253-DR-MO and FEMA-0995-DR-MO, the site experienced similar damages. The Applicant filed a first appeal on October 1, 2007, claiming that there was no technical data establishing the site as unstable prior to the flood event. In addition, the Applicant requested that the FEMA Regional Administrator, in accordance with FEMAs Landslide and Slope Failure
policy, authorize a geotechnical study to determine the stability of the site. In a letter dated November 5, 2007, the Regional Administrator authorized a geotechnical study to determine the stability of the site. The study states that the site is unstable and that the instability is a historic problem and a pre-disaster condition. In its second appeal, the Applicant argues that repairs are eligible for FEMA funding based on differences between the location of the sites damaged in the previous disasters and the PW-252 site, and several points made in the geotechnical study.
Was the damaged road and slope stable prior to the disaster?
Disaster Assistance Policy 9524.2, Landslides and Slope Failures;
44 CFR §206.225