Retaining Wall

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1646-DR
ApplicantMarin County
Appeal TypeSecond
PA ID#041-99041-01
PW ID#279
Date Signed2010-03-29T04:00:00

Citation:         FEMA-1646-DR-CA, Marin County, Retaining Wall, Project Worksheet (PW) 279

Cross-            
Reference:      General Work Eligibility; Improved Project; Codes and Standards

Summary:        Storm water runoff from storms from March 29, 2006, through April 16, 2006, damaged a 3-foot high, 45-foot long section of an 80-foot long retaining wall.  The Applicant argues that it was necessary to reconstruct the entire wall because it would not have been feasible to repair just the damaged sections of the wall without causing additional damage to the adjacent sections during construction.  The Applicant is requesting that FEMA fund the replacement of the 80-foot wall plus an additional 10 feet of wall on both ends at an additional cost of $50,478.  The Applicant is also requesting that FEMA remove the Improved Project designation currently placed on the project.

Issues:             1.  Should FEMA approve the Applicant’s request for an additional $50,478 to fund construction of a 100-foot long solider pile wall?  

                          2.  Should FEMA remove the Improved Project classification from the PW?

Findings:         1.  Yes.  

                         2.  Yes.

Rationale:       44 CFR §206.223(a)(1); 44 CFR §206.203(d)(1); 44 CFR §206.226(d);Public Assistance (PA) Guide, pp 110‑111; PA Guide, pp 33-35; Response and Recovery Directorate Policy 9524.4, Eligibility of Facilities for Replacement under 44 CFR 206.226(d)(1).

Appeal Letter

March 29, 2010

 

 

 

Francis McCarton

Governor’s Authorized Representative

California Emergency Management Agency

3650 Schriever Avenue

Mather, CA  95655

 

Re:    Second Appeal–Marin County, PA ID 041-99041-01, Retaining Wall,

         FEMA-1646-DR-CA, Project Worksheet (PW) 279

 

Dear Mr. McCarton:

 

This is in response to your letter dated September 15, 2009, which transmitted the referenced second appeal on behalf of Marin County (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny additional funding for the replacement of a retaining wall that was damaged in the declared event.  The amount in dispute is $50,478.

The severe storms of March 29, 2006, through April 16, 2006, produced storm water runoff over Fairfax Bolinas Road causing damage to a 45-foot long section of an 80-foot long retaining wall at Milepost 1.79.  FEMA prepared PW 279 for $3,565 to repair the wall in July 2006.  In August 2008, the Applicant request $97,258 to construct a 100-foot long retaining wall.  FEMA subsequently approved an additional $45,064 for the project, for a total of $48,065 to repair a 45-foot section of the retaining wall.  The Regional Administrator sustained this level of funding on first appeal in a letter dated May 18, 2009.  The Applicant submitted a second appeal in a letter dated July 16, 2009, requesting an additional $50,478 to cover the cost it incurred to build a new 100-foot long retaining wall.

Response and Recovery Directorate Policy 9524.4, Eligibility of Facilities for Replacement under 44 CFR 206.226 (d)(1), states that damaged facilities are eligible for replacement if the cost to repair the damage meets or exceeds 50 percent of the cost to construct a new facility.  The storms damaged the retaining wall such that 45 feet (56 percent of the 80-foot wall) required replacement.  The cost to repair the damaged section of the retaining wall exceeded 50 percent of the cost to construct a new wall.  Therefore, the cost to construct a new retaining wall is eligible.  The Applicant determined that site conditions required it to extend the wall 10 feet on both ends. Thus, the cost to construct the 100-foot retaining wall is eligible for reimbursement.  Therefore, I approve the appeal for $50,478.
Please inform the Applicant of my decision.  My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206, Appeals.

Sincerely,

/s/

Elizabeth A. Zimmerman

Assistant Administrator

Recovery Directorate

cc:     Nancy Ward

 Regional Administrator

 FEMA Region IX

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