Appeal Brief | Appeal Letter | Appeal Analysis | Back
Second Appeal Brief
PA ID# 015-99015-00; Cowlitz County
PW ID# 687; Road and Embankment Repair
Citation: FEMA-1671-DR-WA, Cowlitz County, Road and Embankment Repair,
Project Worksheet (PW) 687
Reference: Landslides, Pre-Disaster Condition
Summary: FEMA initially prepared PW 687 for $306,509 to fund the restoration of Sunset Place Road and restore and stabilize the slope supporting the roadway. After a review of the PW, a geotechnical specialist determined that the slope failure was due to a pre-existing instability at the site and, thus, the stabilization of the slope was not eligible for funding. FEMA obligated PW 687 for $27,291 to fund the road repair only. The Applicant submitted a first appeal requesting that FEMA fund the stabilization and restoration of the slope. The Applicant’s consultant stated that they did not observe evidence of ongoing or historic slope movement at the site. In addition, the Applicant addressed each issue documented by FEMA’s geotechnical specialist as evidence of instability. FEMA denied the Applicant’s first appeal due to the conclusions made by its geotechnical consultant.
The Applicant submitted a second appeal requesting FEMA approve the restoration and stabilization of the slope. In the appeal, the Applicant provided additional information to refute the conclusion that there was a pre-existing instability.
Issue: 1. Is there evidence of a pre-existing instability at the site?
Finding: 1. No. The Applicant provided sufficient documentation to support the claim that slope instability was caused by the disaster.
Rationale: Response and Recovery Policy 9524.2, Landslides and Slope Failures