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Second Appeal Brief
PA ID# 097-99097-00; County of Sonoma
PW ID# 2893; Slope Failure
Citation:FEMA-1628-DR-CA, County of Sonoma, Scope of Work, PW 2893
As a result of severe storms, an embankment failed in the Ernie Smith Regional Park causing erosion along the shoulders of the West County Trail. The County of Sonoma (Applicant) states the area was formerly owned, maintained and improved by a railway company which makes the embankment an improved facility, therefore eligible for permanent restoration. FEMA maintains the embankment is a slope failure and eligible for emergency work only to lessen or eliminate an immediate threat of additional damage to improved public or private property.
FEMA prepared PW 2893 to accommodate work at four different sites and obligated $757.00 in July 2006 for the hydro-seeding and placement of rip rap on the uphill side of the slope to protect and prevent additional embankment failure and debris deposition onto the West County Trail. The Applicant engaged the Giblin Associates (GA) to assess the slope. Based on the GA report the Applicant submitted a request to change the scope of work to the California Governors Office of Emergency Services (OES) on May 14, 2007. OES forwarded the appeal to FEMA on
August 20, 2007. On September 28, 2007, pursuant to FEMAs Response and Recovery policy 9524.2, Landslide and Slope Failures,
FEMA denied the Applicants request to change the scope of work, as restoration or repair of landslides and slope failure is not eligible for permanent work assistance. On April 1, 2007, FEMA denied the Applicants first appeal because the embankment does not meet the definition of a facility as defined in 44 CFR, §206.201(c), a facility is any publicly or privately owned building, works, system, or equipment, built or manufactured, or an improved and maintained natural feature. In addition, because landslides and slope failures are only eligible for emergency repairs, the requirement to complete emergency work within six months plus any approved State extensions had expired. The Applicant submitted its second appeal to OES on May 14, 2008, and OES forwarded the appeal to FEMA on
July 8, 2008.
embankment eligible for permanent restoration?
Response and Recovery policy 9524.2, Landslide and Slope Failures