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Second Appeal Brief
PA ID# 025-16793-00; Town of Colchester
PW ID# 2245; Slope Failure
Conclusion: Emergency work to stabilize the embankment and the permanent work to restore the damaged facilities (the road and retaining wall) and the integral ground are eligible for funding. Hazard mitigation measures meeting eligibility requirements may also be eligible.
The Applicant is appealing FEMA’s determination that the repair of the Morton Road slope (Slope) is inconsistent with FEMA’s slope stability policy. In the first appeal, the Applicant asserted that the roadway and side slope were stable prior to the disaster. According to the Applicant, the last time that the Slope needed stabilization was in 2007, as the result of DR 1710, after which FEMA wrote PW 94 to add sheet piling to the Slope. The Grantee provided documentation from the NYSOEM Engineering staff in support of the Applicant’s claim. The FEMA Region II Acting Regional Administrator denied the appeal, asserting that the slope was inspected by a FEMA Geo-technical Engineer who determined that the site was unstable before the incident and the Applicant must stabilize the site before Public Assistance funds are provided to repair it. In the second appeal, the Applicant attached a copy of a report from Delaware Engineering, P.C., which reviewed the project and road history after the first appeal was denied. The Applicant contends that this report supports its claim that the Slope did not have instability issues prior to the 2007 disaster.
- 44 C.F.R. § 206.223(a)(1)
- FEMA RP9524.2, Landslides and Slope Stability Related to Public Facilities, at 4-5.
- Pursuant to 44 C.F.R. § 206.223(a)(1), an item of work must be the result of an emergency or disaster in order to be eligible for PA funding.
- Here, the Applicant submitted evidence to establish that the slope was not unstable prior to the disaster event.
- According to FEMA RP9524.2, Landslides and Slope Stability Related to Public Facilities, if a site has a history of instability, FEMA will not fund the repair of the site; in such cases, it is the responsibility of the Applicant to stabilize the site before Public Assistance funds are provided to repair the facility.
- The Applicant submitted documentation to establish that the site did not have a history of instability and is eligible for Public Assistance.