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Second Appeal Summary
PA ID# 071-33434; City of Hesperia
DSR ID# Multiple; 21 DSRs for street shoulder paving and dip crossings
Citation: FEMA DR-1044/46-CA; City of Hesperia (the City); DSRs 11611, 11612, 11613, 25685, 25686, 25688, 25692, 25693, 95391, 95392, 95394, 95395, 95400, 96514, 96515, 96516, 96520, 96521, 96522, 19020, & 19281
Cross Reference: Standards, permanent restoration, and eligible facility.
Summary: Localized flooding on the City's streets caused severe erosion to the graded natural soil shoulders. The inspection team wrote 21 damage survey reports (DSRs) from July to October 1995. Twenty of these cover paving the street shoulders with asphalt. One covers repair to three dip crossings. The cumulative total amount requested by these 21 DSR data sheets is $250,908. The work performed to date was by force account labor. On four of the 21 DSRs, the work is noted as 95 percent complete. On the other 17, the work is noted as five percent complete. All 21 DSRs were approved in January and February 1996, but the cumulative amounts declared eligible were reduced to $48,319. The basis for this was that the application of the City's standard requiring the paving of the shoulders with asphalt does not satisfy the Federal regulations, so the paving items were deleted. Also, the repairs to the three dip crossings (DSR #95400) were denied because the Joshua Street crossing was identified as being on the Federal-Aid System.
The City submitted a first appeal by three letters in March and April 1996, arguing that the standard does meet code. The FEMA Regional Director denied the first appeal by three letters between September and December 1996. The basis was that the City's ordinance and resolutions that adopt the subject roadway standard do not satisfy the Federal regulations. The City submitted a second appeal by three letters on December 27, 1996, reiterating their argument that the standard does meet code, and providing evidence of how it does. They do not discuss the Joshua Street dip crossing.
- Does paving the street shoulders as per the City's standard section meet code?
- Is the Joshua Street dip crossing (DSR #95400) on the Federal-Aid System?
- No, as discussed in detail in the Regional Director's letters of response to the first appeal, the standard does not apply to the type of repair, does not apply uniformly to all similar types of facilities within the City, and has not been enforced since it went into effect.
- Yes, the Joshua Street dip crossing (DSR #95400) is on the Federal-Aid System.
- Title 44 Code of Federal Regulations (CFR), Section 206.226(a).
- Title 44 CFR