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Olympian Way

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1646-DR
ApplicantCity of Pacifica
Appeal TypeSecond
PA ID#081-54806-00
PW ID#Project Worksheet 440
Date Signed2008-05-14T04:00:00

Citation:

FEMA-1646-DR-CA; City of Pacifica; Project Worksheet 440

Cross-reference:

Slope Stabilization, Emergency Work

Summary:

Heavy rains during winter storms between March 29, 2006, and April 19, 2006, caused the uphill embankment near 304 Olympian Way to slip out and deposit soil and rock on the roadway. FEMA prepared permanent work (category C) Project Worksheet (PW) 440 for $626,313 to erect a soldier pile retaining wall. FEMA determined that the project was ineligible and obligated PW 440 at $0 because there was no damage to the road or to the integral ground supporting it.
In its first appeal, the Applicant requested that FEMA fund a 158-foot soldier pile retaining wall to stabilize the slope as an eligible emergency protective measure. The Deputy Regional Administrator partially approved the Applicant’s appeal. Based on two site inspections and on the information provided by the Applicant and its consulting engineers, the Deputy Regional Administrator determined that the soldier pile wall was a cost-effective solution for the northern 102-foot section of slope. Due to the more moderate grade of the 56-foot southern section of the slope, the Deputy Regional Administrator asserted that a soldier pile retaining wall was not cost-effective. FEMA prepared PW 869 for $138,056 to reflect the costs associated with the construction of the 102-foot northern section of the soldier pile retaining wall.

In its second appeal, the Applicant provided an additional geotechnical report that stated that alternate treatments most likely involving the installation of rip-rap would not have been more cost-effective.

Issues:

Has the Applicant submitted sufficient justification for the additional 56 feet of soldier pile wall?

Findings:

Yes.

Rationale:

44 CFR §§206.225(a)(3) and 206.221(c);

Appeal Letter

May 14, 2008

Paul Jacks
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655

Re: Second Appeal–City of Pacifica, PA ID 081-54806-00, Olympian Way, FEMA-1646-DR-CA, Project Worksheet (PW) 440

Dear Mr. Jacks:

This letter is in response to your letter dated November 7, 2007, which transmitted the referenced second appeal on behalf of the City of Pacifica (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of partial funding for emergency protective measures.

Heavy rains during winter storms between March 29, 2006, and April 19, 2006, caused the uphill embankment near 304 Olympian Way to slip out and deposit soil and rock on the roadway. FEMA prepared permanent work (category C) Project Worksheet (PW) 440 for $626,313 to erect a soldier pile retaining wall. FEMA subsequently determined that the project was ineligible and obligated PW 440 at $0 because there was no damage to the road or to the integral ground supporting it.

In its first appeal, dated November 8, 2006, and transmitted through your office in a letter dated January 16, 2007, the Applicant requested funding for a 158-foot soldier pile retaining wall to stabilize the failed slope as an eligible emergency protective measure. Emergency protective measures to stabilize slopes damaged by a disaster may be eligible work. However, the work must be the least costly option and limited to measures that eliminate an immediate threat to life, public health and safety, or a threat of significant additional damage to improved public or private property. In a letter dated July 17, 2007, the Deputy Regional Administrator partially approved the Applicant’s appeal. Based on two site inspections and on the information provided by the Applicant and its consulting engineers, the Deputy Regional Administrator determined that the soldier pile wall was a cost-effective solution for the northern 102-foot section of slope. Due to the more moderate grade of the 56-foot southern section of the slope, the Deputy Regional Administrator asserted that a soldier pile retaining wall was not cost effective. FEMA prepared PW 869 for $138,056 to reflect the costs associated with the construction of the 102-foot northern section of the soldier pile retaining wall.

In its second appeal dated October 1, 2007, the Applicant stated that FEMA had previously determined that the 56-foot southern section of the slide posed an immediate threat to improved property. However, FEMA determined that the soldier pile wall was not a cost-effective solution. The Applicant submitted a report prepared by Community Services Group Consultants, Inc. dated September 26, 2007, which stated that alternate treatments, most likely involving the installation of rip-rap, would not have been more cost-effective given the characteristics of the site. The report further stated that, “the mixture of two different methods in such a small project…would have negated most of the anticipated benefit of the perceived lower cost….” The Applicant completed the project on March 31, 2007, for $276,219 and requested reimbursement for this amount.

We have reviewed all information the Applicant submitted with the appeal and have determined that the Applicant has submitted sufficient justification for the additional 56 feet of soldier pile wall. Therefore, I am approving the appeal. By copy of this letter, I request the Regional Administrator to take appropriate action to implement this determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX