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Second Appeal Summary
PA ID# 017-91027; Cameron Park Airport District
DSR ID# 76637; Airport District
Citation: FEMA-1155-DR-CA; PA ID 017-91027; DSR 76637.
Cross Reference: Winter storm and flooding; road damage; surface cracking and alligatoring
Summary: In the aftermath of the winter storms of January 1997, the Cameron Park Airport District applied for disaster assistance to repair damage it claimed resulted from standing water from the storms. FEMA/OES inspectors viewed the damaged area claimed by the District and wrote DSR 76637 describing repairs to a 120-foot by 18-foot section at an estimated cost of $7,056. The inspectors were unanimous in their assessment that the damage did not result from the disaster. The District expressed its non-concurrence and appealed the decision claiming that the damaged area was 5,457 square feet and that the cost of the repairs was $16,435. The District charged that FEMA found the same damages eligible in DR-1044 in 1995. The Regional Director denied the appeal pointing out that alligator cracking of the taxiway surface was a pre-disaster condition. Regarding the prior eligible determination in DR-1044/1046, FEMA's Public Assistance Officer affirmed that the award was in contradiction with FEMA policy in place at the time. The District submitted a second appeal of FEMA's ineligible determination with the same arguments as before but supported with photographs. A review of the documentation including careful examination of the photographs does not support overturning the ineligible determination. It seems clear that the claimed damages were caused by deferred maintenance of the apron area of the airport.
Issue: Should FEMA fund the repair of an area of the taxiway that the District claims was damaged by the storm disaster but shows evidence of preexisting damage from normal wear and tear.
Findings: No. FEMA and OES inspectors examined the claimed areas and determined that the damage the District showed were not caused by the disaster.
Rationale: The damage that the District is seeking assistance to repair is not eligible for FEMA assistance because, pursuant to 44 CFR 206.223 (a), it was not required as a result of the disaster event.