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Second Appeal Brief
PA ID# 041-99041-01; Marin County
PW ID# 321; Road Shoulder Damage by Slope Failure
Citation: FEMA-1646-DR-CA; Marin County
Landslides, Slope Failures
Rainstorms from March 29, 2006 through April 16, 2006, caused erosion and slope failure below San Geronimo Valley Drive in Woodacre, California, resulting in damage to a four-foot wide by 20-foot-long section of unpaved shoulder. Marin County (Applicant) requested assistance to replace the damaged section of the shoulder and install a cast-in-drilled hole (CIDH) retaining wall to stabilize the slope. FEMA prepared PW 321 in October 2006 for $110,650 in estimated costs, including costs for a limited geotechnical investigation. During final review the work was considered ineligible because the CIDH wall was considered to be an improved project. During first appeal review, FEMA, OES, and the Applicant made another site visit, after which FEMA concluded that the damage was pre-existing. The first appeal was denied because it was determined that the site was damaged prior to the declared event. In the second appeal, the Applicant contends that the wrong site was visited. The Applicant is appealing $110,650 in estimated project costs.
1) Has the Applicant demonstrated that the damages are disaster-related?
2) Does construction of CIDH retaining wall constitute an improved project?
2) No. A retaining wall is required to restore the road shoulder and integral ground.
44 CFR §206.202; Application Procedures
; FEMA Recovery Policy 9524.2, Landslides and Slope Failures