Pavement Repairs (18 City Streets)
Appeal Brief
Appeal Letter
Appeal Analysis
Citation: Appeal Brief; Second Appeal; City of Holtville; FEMA-979-DR-CA; PA #025-34246
Cross-Reference: DSR 45513/69290/16888; Pavement Repairs (18 City Streets); City of Holtville; Category C
Summary: Heavy rains from the 979-DR penetrated the subbase of roadways throughout the City of Holtville (subgrantee), causing buckling and cracking of the pavement. Damage Survey Report (DSR) 45513 was prepared for $667,500 to fund the cost of a 2-inch thick overlay for 18 city street segments and a hazard mitigation proposal (HMP). During eligibility review, the Federal Emergency Management Agency (FEMA) determined that the HMP was approved in error, and prepared supplemental DSR 69290 to deobligate $46,500 associated with the HMP. During the final closeout process, FEMA reviewed project documentation that indicated pre-disaster pavement deterioration throughout the City of Holtville. Subsequently, FEMA determined that pavement damages were the result of the pre-disaster street conditions, and not the disaster event. Supplemental DSR 16888 was prepared for <$621,000> to deobligate all funding provided for pavement repairs. This determination was upheld upon first appeal. The subgrantee's second appeal does not dispute the pre-disaster pavement deterioration, but stresses the subgrantee's reliance on funding previously recommended eligible by a site inspection team, for completed pavement repairs.
Issues: Were damages to the pavement directly attributable to the disaster event?
Findings: Although the streets exhibited pre-disaster deterioration, it is reasonable to assume that additional damages were caused by the disaster event. FEMA finds sixty-five percent (65%) is a reasonable estimate for the portion of pavement repairs attributable to the disaster event. Accordingly, a supplemental DSR will be prepared for $403,650, which represents 65% of the $621,000 previously provided for pavement repairs.
Rationale: Title 44 of the Code of Federal Regulations, Section 206.223.
As a result of the 979-disaster event, the roadways throughout the City of Holtville (subgrantee) sustained damages. Heavy rains penetrated the subbase of the roadways through the severely cracked, pitted and rutted asphaltic concrete surface, causing buckling and further cracking. An inspection team consisting of representatives from the Federal Emergency Management Agency (FEMA), the California Governor's Office of Emergency Services (OES), and the subgrantee, prepared Damage Survey Report (DSR) 45513 for $667,500 to fund the cost of a 2-inch thick overlay for approximately 1,093,376 square feet of pavement over 18 city streets, and a hazard mitigation proposal (HMP). During eligibility review, FEMA determined that the HMP had been approved in error. Accordingly, DSR 69290 was prepared to deobligate $46,500 associated with the HMP.
During the final closeout process, a further review of project documentation was conducted. Included in the project documentation was the Comprehensive Report and Street Improvement Recommendations for the City of Holtville, dated January 25, 1993. This report indicated that the roads addressed in DSR 45513 exhibited deteriorated pavement surfaces, alligator cracking, buckling, potholes, and storm water flow deficiencies prior to the disaster. Based on this information, FEMA determined that the damages were the result of the pre-disaster condition of the roadways, not the disaster event. Accordingly, supplemental DSR 16888 was prepared for <$621,000> to deobligate all funding previously provided for pavement repairs.
First Appeal
The subgrantee appealed the deobligation of DSR 45513 in a letter dated July 15, 1997. Although the letter did not dispute the pre-disaster deterioration of the streets, the subgrantee stated that the inspection team that visited the site in 1993 identified storm-related damages. The subgrantee also stressed their reliance on eligibility determinations previously made by FEMA for completed street repairs.
FEMA found that the damaged sites documented in DSR 45513 exhibited the same types of damages as reported in the Comprehensive Report and Street Improvement Recommendations for the City of Holtville, evidencing that the streets required extensive repairs prior to the disaster. Because the work was determined to not have been required as a result of the disaster, FEMA denied the first appeal pursuant to Title 44 of the Code of Federal Regulations, Section 206.223.
Second Appeal
The subgrantee submitted a second appeal dated February 17, 1998. The subgrantee reiterated their first appeal position of reliance on funding previously recommended eligible by a site inspection team, for completed pavement repairs.
DISCUSSION
According to the Comprehensive Report and Street Improvement Recommendations for the City of Holtville, the roadways were in a state of disrepair prior to the disaster, and exhibited like damages to those reported in DSR 45513. Although the streets apparently required extensive repairs before the disaster event, FEMA recognizes that the heavy rains likely created additional damages, as well as exacerbated preexisting conditions. Therefore, FEMA determines that partial funding should be provided for pavement repairs, because a portion of the damages can be attributed to the disaster event.
It is not possible to determine what amount of repairs were necessitated by pre-disaster deterioration, however, FEMA finds sixty-five percent (65%) a reasonable estimate for percentage of eligible pavement repairs required by the disaster event. Accordingly, a supplemental DSR will be prepared for $403,650. This total is equal to 65% of the previously approved $621,000 provided by DSR 45513/69290 for pavement repairs.
CONCLUSION
A supplemental DSR will be prepared to cover 65% of the previously approved funding provided by DSR 45513/69290 ($621,000). The total approved funding for pavement repairs is $403,650.
Appeal Brief
| Disaster | FEMA-979-DR- |
| Applicant | City of Holtville |
| Appeal Type | Second |
| PA ID# | 025-34246 |
| PW ID# | 45513,69290,16888 |
| Date Signed | 1998-12-10T05:00:00 |
Cross-Reference: DSR 45513/69290/16888; Pavement Repairs (18 City Streets); City of Holtville; Category C
Summary: Heavy rains from the 979-DR penetrated the subbase of roadways throughout the City of Holtville (subgrantee), causing buckling and cracking of the pavement. Damage Survey Report (DSR) 45513 was prepared for $667,500 to fund the cost of a 2-inch thick overlay for 18 city street segments and a hazard mitigation proposal (HMP). During eligibility review, the Federal Emergency Management Agency (FEMA) determined that the HMP was approved in error, and prepared supplemental DSR 69290 to deobligate $46,500 associated with the HMP. During the final closeout process, FEMA reviewed project documentation that indicated pre-disaster pavement deterioration throughout the City of Holtville. Subsequently, FEMA determined that pavement damages were the result of the pre-disaster street conditions, and not the disaster event. Supplemental DSR 16888 was prepared for <$621,000> to deobligate all funding provided for pavement repairs. This determination was upheld upon first appeal. The subgrantee's second appeal does not dispute the pre-disaster pavement deterioration, but stresses the subgrantee's reliance on funding previously recommended eligible by a site inspection team, for completed pavement repairs.
Issues: Were damages to the pavement directly attributable to the disaster event?
Findings: Although the streets exhibited pre-disaster deterioration, it is reasonable to assume that additional damages were caused by the disaster event. FEMA finds sixty-five percent (65%) is a reasonable estimate for the portion of pavement repairs attributable to the disaster event. Accordingly, a supplemental DSR will be prepared for $403,650, which represents 65% of the $621,000 previously provided for pavement repairs.
Rationale: Title 44 of the Code of Federal Regulations, Section 206.223.
Appeal Letter
December 10, 1998
Mr. Gilbert Najera
Governor's Authorized Representative
Disaster Field Office-Public Assistance Section
74 North Pasadena Avenue
West Annex, 2nd Floor
Pasadena, CA 91103-3678
Dear Mr. Najera:
This is in response to your letter dated April 1, 1998, to the Federal Emergency Management Agency (FEMA) forwarding a second appeal of Damage Survey Report (DSR) 45513/69290/16888 under FEMA-979-DR-CA on behalf of the City of Holtville (subgrantee). The subgrantee is appealing the deobligation of $621,000 for pavement repairs to eighteen (18) city streets found not eligible due to pre-disaster conditions.
Although project documentation reviewed indicates a prevalence of pavement deterioration prior to the disaster event, FEMA recognizes that a portion of the damages documented in DSR 45513 can be attributed to the heavy rains of the 979-disaster event. Although it is not possible to determine what amount of pavement repairs were directly attributable to the disaster versus the pre-disaster pavement conditions, FEMA has established that sixty-five percent (65%) is a reasonable estimate for the portion of repairs eligible for funding. Therefore, a supplemental DSR will be prepared for $403,650, which represents 65% of the $621,000 previously approved for pavement repairs in DSR 45513/69290. By copy of this letter I am asking the Regional Director to take appropriate action to implement this determination.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Whetstone
Regional Director
FEMA Region IX
Mr. Gilbert Najera
Governor's Authorized Representative
Disaster Field Office-Public Assistance Section
74 North Pasadena Avenue
West Annex, 2nd Floor
Pasadena, CA 91103-3678
Dear Mr. Najera:
This is in response to your letter dated April 1, 1998, to the Federal Emergency Management Agency (FEMA) forwarding a second appeal of Damage Survey Report (DSR) 45513/69290/16888 under FEMA-979-DR-CA on behalf of the City of Holtville (subgrantee). The subgrantee is appealing the deobligation of $621,000 for pavement repairs to eighteen (18) city streets found not eligible due to pre-disaster conditions.
Although project documentation reviewed indicates a prevalence of pavement deterioration prior to the disaster event, FEMA recognizes that a portion of the damages documented in DSR 45513 can be attributed to the heavy rains of the 979-disaster event. Although it is not possible to determine what amount of pavement repairs were directly attributable to the disaster versus the pre-disaster pavement conditions, FEMA has established that sixty-five percent (65%) is a reasonable estimate for the portion of repairs eligible for funding. Therefore, a supplemental DSR will be prepared for $403,650, which represents 65% of the $621,000 previously approved for pavement repairs in DSR 45513/69290. By copy of this letter I am asking the Regional Director to take appropriate action to implement this determination.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Whetstone
Regional Director
FEMA Region IX
Appeal Analysis
BACKGROUNDAs a result of the 979-disaster event, the roadways throughout the City of Holtville (subgrantee) sustained damages. Heavy rains penetrated the subbase of the roadways through the severely cracked, pitted and rutted asphaltic concrete surface, causing buckling and further cracking. An inspection team consisting of representatives from the Federal Emergency Management Agency (FEMA), the California Governor's Office of Emergency Services (OES), and the subgrantee, prepared Damage Survey Report (DSR) 45513 for $667,500 to fund the cost of a 2-inch thick overlay for approximately 1,093,376 square feet of pavement over 18 city streets, and a hazard mitigation proposal (HMP). During eligibility review, FEMA determined that the HMP had been approved in error. Accordingly, DSR 69290 was prepared to deobligate $46,500 associated with the HMP.
During the final closeout process, a further review of project documentation was conducted. Included in the project documentation was the Comprehensive Report and Street Improvement Recommendations for the City of Holtville, dated January 25, 1993. This report indicated that the roads addressed in DSR 45513 exhibited deteriorated pavement surfaces, alligator cracking, buckling, potholes, and storm water flow deficiencies prior to the disaster. Based on this information, FEMA determined that the damages were the result of the pre-disaster condition of the roadways, not the disaster event. Accordingly, supplemental DSR 16888 was prepared for <$621,000> to deobligate all funding previously provided for pavement repairs.
First Appeal
The subgrantee appealed the deobligation of DSR 45513 in a letter dated July 15, 1997. Although the letter did not dispute the pre-disaster deterioration of the streets, the subgrantee stated that the inspection team that visited the site in 1993 identified storm-related damages. The subgrantee also stressed their reliance on eligibility determinations previously made by FEMA for completed street repairs.
FEMA found that the damaged sites documented in DSR 45513 exhibited the same types of damages as reported in the Comprehensive Report and Street Improvement Recommendations for the City of Holtville, evidencing that the streets required extensive repairs prior to the disaster. Because the work was determined to not have been required as a result of the disaster, FEMA denied the first appeal pursuant to Title 44 of the Code of Federal Regulations, Section 206.223.
Second Appeal
The subgrantee submitted a second appeal dated February 17, 1998. The subgrantee reiterated their first appeal position of reliance on funding previously recommended eligible by a site inspection team, for completed pavement repairs.
DISCUSSION
According to the Comprehensive Report and Street Improvement Recommendations for the City of Holtville, the roadways were in a state of disrepair prior to the disaster, and exhibited like damages to those reported in DSR 45513. Although the streets apparently required extensive repairs before the disaster event, FEMA recognizes that the heavy rains likely created additional damages, as well as exacerbated preexisting conditions. Therefore, FEMA determines that partial funding should be provided for pavement repairs, because a portion of the damages can be attributed to the disaster event.
It is not possible to determine what amount of repairs were necessitated by pre-disaster deterioration, however, FEMA finds sixty-five percent (65%) a reasonable estimate for percentage of eligible pavement repairs required by the disaster event. Accordingly, a supplemental DSR will be prepared for $403,650. This total is equal to 65% of the previously approved $621,000 provided by DSR 45513/69290 for pavement repairs.
CONCLUSION
A supplemental DSR will be prepared to cover 65% of the previously approved funding provided by DSR 45513/69290 ($621,000). The total approved funding for pavement repairs is $403,650.
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