Alvarado Park Embankment Failure
Appeal Brief
Appeal Letter
Citation: Appeal Brief; Second Appeal; East Bay Regional Parks District; FEMA-1046-DR-CA; PA #001-91010
Cross-Reference: DSR 38872; Recreational Facility; Embankment Erosion; Landslide
Summary: Following heavy rains, runoff washed out soil from a recreational field at the top of an embankment in Alvarado Park. FEMA prepared DSR 38872 for $1,695 for the replacement and compaction of 117 cubic yards of unclassified fill, as well as placement of 156 square yards of sod. The applicant claimed that the inspector greatly underestimated the amount of damage and requested FEMA prepare a supplemental DSR for $28,777 for the restoration of the slope. FEMA Region IX denied the request because they considered the slope to be a natural hillside and not part of an eligible facility. In the first appeal, the applicant claimed that the slope was not a natural hillside but integral ground mass. The Regional Director denied the appeal because the natural hillside was not part of an eligible facility and was therefore not eligible for restoration pursuant to FEMA landslide policy. The applicant's second appeal restates the same issues as the first appeal, claiming expenditures which exceed $30,000 and objects to the lack of local representation when the DSR was prepared.
Issues: Should the stabilization of a natural hillside adjacent to a recreational facility receive FEMA funding?
Findings: No. Only the restoration of the portion of the recreational field and supporting ground mass that washed out are eligible for FEMA funding.
Rationale: FEMA Landslide policy states that slope or hill stabilization are not considered integral ground restoration and are not eligible for FEMA funding.
Appeal Brief
| Disaster | FEMA-1046-DR |
| Applicant | East Bay Regional Parks District |
| Appeal Type | Second |
| PA ID# | 001-91010 |
| PW ID# | 38872 |
| Date Signed | 1998-08-11T04:00:00 |
Cross-Reference: DSR 38872; Recreational Facility; Embankment Erosion; Landslide
Summary: Following heavy rains, runoff washed out soil from a recreational field at the top of an embankment in Alvarado Park. FEMA prepared DSR 38872 for $1,695 for the replacement and compaction of 117 cubic yards of unclassified fill, as well as placement of 156 square yards of sod. The applicant claimed that the inspector greatly underestimated the amount of damage and requested FEMA prepare a supplemental DSR for $28,777 for the restoration of the slope. FEMA Region IX denied the request because they considered the slope to be a natural hillside and not part of an eligible facility. In the first appeal, the applicant claimed that the slope was not a natural hillside but integral ground mass. The Regional Director denied the appeal because the natural hillside was not part of an eligible facility and was therefore not eligible for restoration pursuant to FEMA landslide policy. The applicant's second appeal restates the same issues as the first appeal, claiming expenditures which exceed $30,000 and objects to the lack of local representation when the DSR was prepared.
Issues: Should the stabilization of a natural hillside adjacent to a recreational facility receive FEMA funding?
Findings: No. Only the restoration of the portion of the recreational field and supporting ground mass that washed out are eligible for FEMA funding.
Rationale: FEMA Landslide policy states that slope or hill stabilization are not considered integral ground restoration and are not eligible for FEMA funding.
Appeal Letter
August 11, 1998
Mr. D. A. Christain
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Assistance Branch
P.O. Box 419023
Rancho Cordova, CA 95741
Dear Mr. Christian:
This is in response to your February 13, 1998, letter forwarding the second appeal of Damage Survey Report (DSR) 38872 under FEMA-1046-DR-CA on behalf of the East Bay Regional Park District (EBRPD). The Federal Emergency Management Agency (FEMA) prepared this DSR for the replacement and compaction of 117 cy of unclassified fill and placement of 156 sy of sod on a failed embankment at Alvarado Park. The EBRPD is requesting that FEMA prepare a supplemental DSR for $28,777.
Late winter storms eroded the eastern slope of a hillside in Wildcat Canyon, located in Alvarado Park. Water from heavy rains saturated a recreational field and washed out soil near the top of the adjacent downhill embankment. FEMA prepared a category G DSR for $1,695 to restore the recreational facility to pre-disaster design. The applicant claimed that the inspector greatly underestimated the extent of damage and requested FEMA prepare a supplemental DSR for the restoration of the slope.
The State forwarded the EBRPD's March 20, 1997, letter appealing the denial of a request for a supplement to DSR 38872 on June 17, 1997. In the letter, the EBRPD claimed that not only did the FEMA inspector underestimate the extent of damage but the field and integral ground mass are eligible for restoration because the recreational field is a public facility. FEMA Region IX denied the appeal, in an October 23, 1997, letter, on the grounds that the request for supplemental funding was for the stabilization of a natural hillside. The Regional Director determined that the slope represented an unimproved natural feature and could not be considered part of the recreational facility; therefore, only those portions of the slope that were disturbed or reconfigured by the installation of the recreational field could be considered as eligible for restoration.
In a second appeal letter, submitted to OES on December 12, 1997, EBRPD objected to the lack of local representation in the preparation of the DSR. EBRPD also reiterated that FEMA greatly underestimated the cost estimate for the slope restoration project and that the eroded slope is part of an eligible park recreational facility and not a natural hillside. The applicant awarded the low bid of $ 22,900 to Robert Tyson Construction and has expended $30,472 for the restoration of the slope.
I have carefully reviewed the submitted documentation and find that the applicant has not provided sufficient justification to reverse the Regional Director's position on the enclosed first appeal. FEMA prepared DSR 38872 for 117 cy of compacted unclassified fill to restore of the eligible portion of the failed slope. Pursuant to FEMA Landslide Policy, only the ground necessary to physically support a facility is eligible for integral ground restoration. Therefore, only the eroded section of the recreational field and the supporting ground mass are eligible for replacement. The applicant claims, in the second appeal, to have awarded a contract at a low bid of $22,900 and expended an additional $7,572 in force-account costs to restore the failed slope. However, EBRPD has not provided a revised scope of work or additional information to justify the amount of funds it expended to complete this project. Any work performed to restore portions of the slope, which were neither integral to the function of nor supported the eligible recreational facility, is beyond the eligible scope of work. The stabilization of a natural hillside is not considered integral ground restoration and is not eligible for FEMA assistance as an improved or maintained natural feature as defined in 44 CFR 206.201(c). Consequently, I am denying this appeal.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: Martha Z. Whetstone
Regional Director
Region IX
Mr. D. A. Christain
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Assistance Branch
P.O. Box 419023
Rancho Cordova, CA 95741
Dear Mr. Christian:
This is in response to your February 13, 1998, letter forwarding the second appeal of Damage Survey Report (DSR) 38872 under FEMA-1046-DR-CA on behalf of the East Bay Regional Park District (EBRPD). The Federal Emergency Management Agency (FEMA) prepared this DSR for the replacement and compaction of 117 cy of unclassified fill and placement of 156 sy of sod on a failed embankment at Alvarado Park. The EBRPD is requesting that FEMA prepare a supplemental DSR for $28,777.
Late winter storms eroded the eastern slope of a hillside in Wildcat Canyon, located in Alvarado Park. Water from heavy rains saturated a recreational field and washed out soil near the top of the adjacent downhill embankment. FEMA prepared a category G DSR for $1,695 to restore the recreational facility to pre-disaster design. The applicant claimed that the inspector greatly underestimated the extent of damage and requested FEMA prepare a supplemental DSR for the restoration of the slope.
The State forwarded the EBRPD's March 20, 1997, letter appealing the denial of a request for a supplement to DSR 38872 on June 17, 1997. In the letter, the EBRPD claimed that not only did the FEMA inspector underestimate the extent of damage but the field and integral ground mass are eligible for restoration because the recreational field is a public facility. FEMA Region IX denied the appeal, in an October 23, 1997, letter, on the grounds that the request for supplemental funding was for the stabilization of a natural hillside. The Regional Director determined that the slope represented an unimproved natural feature and could not be considered part of the recreational facility; therefore, only those portions of the slope that were disturbed or reconfigured by the installation of the recreational field could be considered as eligible for restoration.
In a second appeal letter, submitted to OES on December 12, 1997, EBRPD objected to the lack of local representation in the preparation of the DSR. EBRPD also reiterated that FEMA greatly underestimated the cost estimate for the slope restoration project and that the eroded slope is part of an eligible park recreational facility and not a natural hillside. The applicant awarded the low bid of $ 22,900 to Robert Tyson Construction and has expended $30,472 for the restoration of the slope.
I have carefully reviewed the submitted documentation and find that the applicant has not provided sufficient justification to reverse the Regional Director's position on the enclosed first appeal. FEMA prepared DSR 38872 for 117 cy of compacted unclassified fill to restore of the eligible portion of the failed slope. Pursuant to FEMA Landslide Policy, only the ground necessary to physically support a facility is eligible for integral ground restoration. Therefore, only the eroded section of the recreational field and the supporting ground mass are eligible for replacement. The applicant claims, in the second appeal, to have awarded a contract at a low bid of $22,900 and expended an additional $7,572 in force-account costs to restore the failed slope. However, EBRPD has not provided a revised scope of work or additional information to justify the amount of funds it expended to complete this project. Any work performed to restore portions of the slope, which were neither integral to the function of nor supported the eligible recreational facility, is beyond the eligible scope of work. The stabilization of a natural hillside is not considered integral ground restoration and is not eligible for FEMA assistance as an improved or maintained natural feature as defined in 44 CFR 206.201(c). Consequently, I am denying this appeal.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: Martha Z. Whetstone
Regional Director
Region IX
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