Debris Removal from Travel Lane and Drainage Ditch
Appeal Brief
Appeal Letter
Citation: FEMA-1046-DR-CA, Santa Clara County, DSR 17830
Cross Reference: Landslide, Debris Removal, Incidental Road and Slope Repair
Summary: Late winter storms in March of 1995 caused landslides in Santa Clara County, California. DSR 17830 (Category C) was prepared for $2,920 for slope repair, debris removal, and ditch cleaning and shaping. The DSR was denied because slope stabilization is not considered integral ground restoration under FEMA's landslide policy. The subgrantee submitted a first appeal contending that the work described in the DSR was eligible because it was primarily for debris removal with only minor hillside maintenance. The first appeal was denied because the slope above the road is an unimproved, natural feature and, as such, it is not eligible for permanent restoration under the Stafford Act. Furthermore, the debris removal was not eligible as emergency work because the subgrantee did not establish the existence of an immediate threat to persons or property. The subgrantee's second appeal does not provide additional information, but the California Governor's Office of Emergency Services emphasized that the work was for debris removal and minor road repairs, not slope restoration.
Issues:
Appeal Brief
| Disaster | FEMA-1046-DR |
| Applicant | Santa Clara County |
| Appeal Type | Second |
| PA ID# | 085-00000 |
| PW ID# | 17830 |
| Date Signed | 1998-04-07T04:00:00 |
Cross Reference: Landslide, Debris Removal, Incidental Road and Slope Repair
Summary: Late winter storms in March of 1995 caused landslides in Santa Clara County, California. DSR 17830 (Category C) was prepared for $2,920 for slope repair, debris removal, and ditch cleaning and shaping. The DSR was denied because slope stabilization is not considered integral ground restoration under FEMA's landslide policy. The subgrantee submitted a first appeal contending that the work described in the DSR was eligible because it was primarily for debris removal with only minor hillside maintenance. The first appeal was denied because the slope above the road is an unimproved, natural feature and, as such, it is not eligible for permanent restoration under the Stafford Act. Furthermore, the debris removal was not eligible as emergency work because the subgrantee did not establish the existence of an immediate threat to persons or property. The subgrantee's second appeal does not provide additional information, but the California Governor's Office of Emergency Services emphasized that the work was for debris removal and minor road repairs, not slope restoration.
Issues:
- Is the removal of landslide debris eligible for FEMA funding?
- Can a Category "A" DSR be prepared now even though a Category "C" DSR was originally prepared?
- Can permanent roadway repairs be included in a Category "A" DSR?
- Yes. The debris posed an immediate threat because it was blocking the drainage ditch and a travel lane.
- Yes. The initial DSR was inappropriately categorized as "C". The majority of the work was emergency debris removal.
- Yes. The work is incidental to the primary purpose of this DSR.
Appeal Letter
April 7, 1998
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
P.O. Box 239013
Sacramento, California 95823
Dear Mr. Christian:
This letter is in response to your letter of September 26, 1997, which transmitted Santa Clara County's second appeal of damage survey report (DSR) 17830 under FEMA-DR-1046-CA. During the disaster, a slope between the upper and lower portions of Gist Road failed, depositing debris onto the roadway and drainage ditch. Subsequently, inspectors prepared DSR 17830 for $2,920 to cover slope repairs, debris removal, and incidental repairs to the roadway and ditch. The DSR was determined ineligible for Public Assistance funding because the slope is not integral to the function of the roadway.
The subgrantee submitted a first appeal with a letter dated May 21, 1996. The subgrantee noted that the scope of work for DSR 17830 includes only those activities required to remove debris from the shoulder of the road and the drainage ditch, but does not include repairs to the slope. In response, FEMA determined that the work was not eligible because the slope is an unimproved natural feature and, as such, it is not eligible for permanent restoration funding. Furthermore, an immediate threat to persons or property was not established by the subgrantee, so debris removal was not eligible. In their second appeal, the subgrantee reiterates their first appeal position without adding any additional information. Your above-mentioned letter supports the subgrantee's appeal, and clarifies that the repair work on Gist Road did not include the restoration of a natural feature. Rather, the work consisted of removing debris from the roadway and drainage ditch along with incidental repairs to the edge of the pavement.
The inspection team prepared DSR 17830 as a Category "C" DSR for permanent restoration of the roadway and adjacent slope. Apparently, this was done because some repairs of the roadway and slope were necessary along with debris removal. However, as you have explained, the majority of the work was for debris removal. Such emergency work is eligible when drainage ditches and/or travel lanes are blocked by debris, as was the case here. Therefore, a Category "A" DSR for debris removal with incidental road and slope repairs would have been more appropriate than the Category "C" DSR that was prepared. Accordingly, I have determined that the scope of work for DSR 17830 is eligible for Public Assistance under section 407 of the Stafford Act. This determination is based upon the fact that debris removal from the roadway and ditch is required to restore the function of the facility. Further, the minimal amount of work done on the slope was incidental, and is not considered to be landslide stabilization.
By copy of this letter, I am requesting the Regional Director to prepare a Category "A" DSR for $2,920 to restore the scope of work presented in DSR 17830. Please inform the County of my determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Acting Regional Director
FEMA Region IX
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
P.O. Box 239013
Sacramento, California 95823
Dear Mr. Christian:
This letter is in response to your letter of September 26, 1997, which transmitted Santa Clara County's second appeal of damage survey report (DSR) 17830 under FEMA-DR-1046-CA. During the disaster, a slope between the upper and lower portions of Gist Road failed, depositing debris onto the roadway and drainage ditch. Subsequently, inspectors prepared DSR 17830 for $2,920 to cover slope repairs, debris removal, and incidental repairs to the roadway and ditch. The DSR was determined ineligible for Public Assistance funding because the slope is not integral to the function of the roadway.
The subgrantee submitted a first appeal with a letter dated May 21, 1996. The subgrantee noted that the scope of work for DSR 17830 includes only those activities required to remove debris from the shoulder of the road and the drainage ditch, but does not include repairs to the slope. In response, FEMA determined that the work was not eligible because the slope is an unimproved natural feature and, as such, it is not eligible for permanent restoration funding. Furthermore, an immediate threat to persons or property was not established by the subgrantee, so debris removal was not eligible. In their second appeal, the subgrantee reiterates their first appeal position without adding any additional information. Your above-mentioned letter supports the subgrantee's appeal, and clarifies that the repair work on Gist Road did not include the restoration of a natural feature. Rather, the work consisted of removing debris from the roadway and drainage ditch along with incidental repairs to the edge of the pavement.
The inspection team prepared DSR 17830 as a Category "C" DSR for permanent restoration of the roadway and adjacent slope. Apparently, this was done because some repairs of the roadway and slope were necessary along with debris removal. However, as you have explained, the majority of the work was for debris removal. Such emergency work is eligible when drainage ditches and/or travel lanes are blocked by debris, as was the case here. Therefore, a Category "A" DSR for debris removal with incidental road and slope repairs would have been more appropriate than the Category "C" DSR that was prepared. Accordingly, I have determined that the scope of work for DSR 17830 is eligible for Public Assistance under section 407 of the Stafford Act. This determination is based upon the fact that debris removal from the roadway and ditch is required to restore the function of the facility. Further, the minimal amount of work done on the slope was incidental, and is not considered to be landslide stabilization.
By copy of this letter, I am requesting the Regional Director to prepare a Category "A" DSR for $2,920 to restore the scope of work presented in DSR 17830. Please inform the County of my determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Acting Regional Director
FEMA Region IX
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