Appeal Summary | Appeal Letter | Appeal Analysis | Back
Second Appeal Summary
PA ID# 000-92003; Pennsylvania Department of Transportation
DSR ID# 63835; Road Shoulder Repairs
B>Citation: FEMA-1093-DR-PA; DSR 63835; PA ID 000-92003
Reference: Road repair; storm and flood damage.
Summary: Runoff water from the storm caused damage to State Road 1006 in the form of undermined road-edge and eroded shoulders. DSR 63835 was written to approve PennDOT's expenditure of $1,801 for repairing the 1,500 feet of eroded shoulder, and PennDOT was asked to present details of expenditures for repairing the 1,450 feet of road-edge damage. FEMA's reviewer ruled that the road repair was ineligible because the damage was pre-existing. PennDOT appealed the ineligible determination and requested an additional $11,002 to repair the road using three-foot wide patches. The Regional Director agreed to reinstate the road-edge repair in the DSR but did not approve the method of repair because two additional feet of undamaged road would have to be removed to repair a one-foot section. The applicant submitted the same second appeal with calculations to show that the one-foot wide strips were more expensive than the three-foot wide strips for repairing the road. The applicant also stated that an applicable code required no pavement cuts within three feet of the road-edge.
Issue: Should PennDOT be awarded $11,002 to repair the road-edge damage by excavating an addition two feet of roadway in the repair?
Findings: No. Our review of the calculations shows that the comparison was invalid because different rules applied to the options. Further, our calculations show that expenditures for the repair are $2,835.55. The DSR will be increased by this amount. Codes and standards in the area are not followed or are not uniformly enforced.
Rationale: 44 CFR 206.226 absolves FEMA from any code requirement and obligates FEMA to repair a damaged facility only to its predisaster condition.