If an eligible facility is located on a slope and is damaged as a result of a landslide or slope instability triggered by the declared incident, FEMA determines the stability of the slope that supports the facility before it approves PA funding to restore the facility. If the site is unstable and there is no evidence of predisaster instability after the facility was constructed, permanent restoration of the facility and its integral ground is eligible. The Applicant demonstrated that the integral ground was stable prior to the incident but now unstable as a result of the disaster. Therefore, work to repair the integral ground is eligible. FEMA will generally approve changes to the scope of work if the alternative repair method is more cost-effective than the original repair method, the original repair method is not feasible, there is an increase in previously approved quantities due to errors and omissions, or hidden disaster-related damage is discovered. An improved project is a project that restores the predisaster function, and at least the same capacity, of the damaged facility and incorporates improvements or changes to its predisaster design not required by eligible codes or standards. FEMA is not granting a change to the approved scope of work, but has also re-reviewed the cost of the MSE wall and finds that the accurate cost is $2,359,983.00. Here, the Applicant’s proposal to construct a soldier pile wall rather than install an MSE wall constitutes an Improved Project. Costs are capped at the amount approved for the MSE wall-related SOW.

FEMA finds that the Applicant has demonstrated that the work to repair the integral ground is eligible. FEMA is not approving a change in scope of work, but has has revised the MSE wall estimate and approves costs in the amount of $2,359,983.00. If the Applicant intends to install a soldier pile wall, it can request an Improved Project with the costs capped at the MSE-approved SOW cost. Therefore, this appeal is partially granted.

Stafford Act §406. 44 C.F.R. §§206.203(d)(1), 206.203(d)(2)(v), 206.204(e), 206.223(a)(1). PAPPG, at 19, 107, 109, 110, 128, 129, 133, 134, 137, 138. York (Town of), FEMA-4367-DR-ME, at 3.