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Second Appeal Summary
PA ID# 011-91003; Maxwell Irrigation District
DSR ID# 21416; Access Road Repair
Citation: Appeal Brief; Second Appeal; FEMA-1044-DR-CA; Maxwell Irrigation District; PA #011-91003
Cross-Reference: DSR 21416; Colusa Weir Access Road; Permanent Repairs; Category C
Summary: The February storm of 1995 caused damage to the Colusa Weir facility access road of the Maxwell Irrigation District (District). The damage consisted of the loss of roadway fill and surface. FEMA prepared DSR 21416 for $93,247 to fund the repairs to the access road, which included restoration of the washouts of the road with riprap and unclassified fill and repair the road surface with class III aggregate material. Upon review, FEMA reduced the DSR to $13,964 by changing the scope of work from installing aggregate base to grading the road and using unclassified fill in place of riprap, because the proposed scope of work exceeded the pre-disaster design and function of the facility. On March 18, 1996, the State submitted the first appeal. The basis of the appeal was that in order to return the road to its pre-disaster design and function, and to meet the all-weather road policy specifications it was necessary to install riprap with an aggregate course. The applicant submitted a copy of the Board's Resolution on all-weather roads. The first appeal was denied on October 11, 1996, due to the fact that the resolution did not mandate that the all-weather surface policy be uniformly applied and enforced and insufficient documentation was provided to establish the pre-existing condition of the road. The State submitted the second appeal on April 30, 1997. The second appeal was a reiteration of the first appeal. The documentation provided does not adequately establish that the pre-existing condition of the road included riprap with an aggregate course or that the policy was uniformly enforced or applied.
- Are the riprap and aggregate material expenses eligible as pre-existing conditions?
- Was the District's road construction policy resolution legally adopted and uniformly applied and enforced?
- No. The District provided only a list of roads, which had been historically surfaced with stone; this does not establish the pre-existing condition of the Colusa Weir access road.
- No. The resolution states that "the District resolves to have these roads rocked to achieve the required all-weather roadway," but it includes no mandates or timetables.
Rationale: The documentation provided does not meet the requirements of 44 CFR 206.206. Further, the District's policy is a guideline rather than a mandate and does not meet the requirements of 44 CFR 206.226.