The state is appealing the Federal Emergency Management Agency's exclusion of $5 million in Quail Creek Dike damage from a presidential disaster declaration.

On Feb. 2, President Bush OK'd disaster relief that paid 75 percent of the cost of repairing public property downstream from the failed dike, covering such items as roads and bridges. But it didn't cover repairs to the dike itself.The appeal seeks inclusion of the damage identified by FEMA in a preliminary assessment. The federal share of the $5 million total would be about $3.75 million.

One reason FEMA gave for excluding the Quail Creek dike was that the dike had failed because of inherent deficiencies.

The state says the dike was designed on the assumption of little or no water seepage, based on tests from 10 vertical bore holes drilled into the bedrock of the dam site.