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Second Appeal Brief
PA ID# 000-UH96N-00; East Bay Regional Park District
PW ID# 3444; Great House Portal
Citation: FEMA-1628-DR-CA, East Bay Regional Park District, PW 3444
Reference: Scope of Work, Improved Project
Summary: Severe storms from December 17, 2005, through January 3, 2006, saturated the soil above the Great House Portal of the Black Diamond Mine which resulted in a cave in. The storms damaged the front of the portal, 75 timber support sets along 100 feet of the tunnel, and a portion of a 12 foot wide retaining wall. On April 24, 2006, FEMA prepared PW 3444 for $195,906 to repair the damaged portal using shotcrete and steel sets with spiles 12 feet wide. FEMA also included repairs to the damaged 12 foot retaining wall. On January 22, 2008, the Applicant requested a change in the PW’s scope of work. The Applicant proposed to install a new retaining wall112 foot wide and 14 feet high, new stairs, and repair 104 feet of utilities that were not damaged by the storm. FEMA denied the Applicant’s request on June 16, 2008, and advised the Applicant that its request constituted an improved project. In its first appeal, submitted August 14, 2008, and its second appeal on November 4, 2009, the Applicant maintained that it is necessary to change the scope of work in order to restore the portal to its pre-disaster condition and comply with applicable codes and standards.
Issue: Does the Applicant’s proposed scope of work constitute an improved project?
Rationale: Title 44 Code of Federal Regulations §206.203 (d)(1) Improved Projects