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Second Appeal Summary
PA ID# 065-78120; City of Temecula
DSR ID# 97284,04230; Liefer Road Dip Crossing
Citation: FEMA DR-0979-CA; City of Temecula (the City);DSR 97284,04230
Cross-Reference: Emergency protective measure, eligible facility.
Summary: Prior to the flood, Liefer Road crossed Santa Gertrudis Creek via a low water concrete "dip" structure. The flood did little or no damage to the crossing. On February 26, 1993, DSR 97425 for $128,000 was prepared to fund the construction of a temporary bridge. Several weeks later, FEMA voided the DSR and replaced it with DSR 97284, which provided funding for construction of a new permanent bridge. DSR 97284 for $125,245 was approved on May 14, 1993. On July 9, 1995, DSR 04230 was prepared deobligating all funding for the new bridge, because ". no disaster related damage to the roadway dip crossing occurred during the incident period as required under 44 CFR Parts 206.223 and 206.226."
The City submitted a first appeal on November 27, 1995, citing "the need for emergency access to this area." The first appeal was denied because "the construction of a new bridge to replace a partially washed-out low water crossing.is not eligible for funding as either an emergency protective measure.or as permanent restoration work." The City submitted a second appeal on March 18, 1997, enclosing four photographs showing the road just after the flooding, and stating that these ".photographs show that the Liefer Road dip crossing was destroyed (failed) due to flooding."
- Is a bridge, either temporary or permanent, required to provide emergency protective measures to save lives, to protect public health and safety, and to protect improved property?
- Does the new bridge restore eligible facilities on the basis of the design of such facilities as they existed immediately prior to the disaster?
- No. The preexisting low water dip crossing had been serving the public adequately before the flood, and it was only impassable for several days. This was not an uncommon occurrence at this low water crossing.
- No. The new permanent bridge is a complete change from and upgrade to the preexisting road dip crossing.
- Title 44 CFR Part 206.225, Emergency work.
- Title 44 CFR Part 206.226, Restoration of damaged facilities.