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Second Appeal Summary
PA ID# 000-92257; California Polytechnic University, San Luis Obispo
DSR ID# 34985; Escuela Ranch Bridge
Citation: FEMA-1044-DR-CA; California Polytechnic University, San Luis Obispo; PA ID 000-92257; DSR. 34985/09749.
Cross Reference: Winter storms and flooding; bridge damage; environmental considerations.
Summary: The approach to the California Polytechnic State University's (Cal Poly's) Escuela Ranch Bridge sustained damage as a result of the rains and flooding from the early-1995 disaster. FEMA inspected the damage on March 1, 1995, and approved DSR 34985 for $5,124 to remove and replace a damaged grade beam. At the time the DSR was approved, a categorical exclusion was issued making the project not subject to additional environmental considerations. The Governor's Office of Emergency Services (OES) granted a November 7, 1996, time extension request to September 15, 1997, and a second December 11, 1997, time extension request to June 15, 1998. Because of the apparent confusion on the part of the applicant, FEMA had initiated another environmental review of the project early in 1998. FEMA provided a written clearance dated December 4, 1998, giving the applicant clearance to complete the repair project. Cal Poly again failed to complete the work and failed to justify why the work was not accomplished. Cal Poly submitted its Project Completion and Certification Report (P.4 Alternate) on December 15, 1998, that showed that the work had not been done. FEMA closed the grant application and deobligated DSR 34985 on June 11, 1999. Cal Poly submitted a first appeal of the deobligation in which it argued that it received a notification of the environmental clearance after the window for doing the work-June 15 to November 15, 1998. This date was not provided either by OES or FEMA. FEMA's clearance implied that the applicant should complete the project in the following dry season. The applicant requested another time extension on the project to November 15, 2000. The Regional Director denied the appeal. The applicant has now submitted a second appeal of the determination with essentially no justification for not performing the work since the original DSR was approved in March 1995. FEMA deobligated DSR 34985 on June 11, 1999.
Issue: Should Cal Poly be granted a fourth time extension to perform a repair project, which it has failed to do in almost five years?
Findings: No. The applicant has been given more than ample opportunity to perform the repairs.
Rationale: 44 CFR