Harmony Heights Road
Appeal Brief
Appeal Letter
Appeal Analysis
Citation: FEMA-1154-DR-ID, Clearwater County, DSR 28331
Cross Reference: Disaster damages, gravel road repair, routine maintenance
Summary: Harmony Heights Road is a steep gravel road located in Clearwater County (applicant), Idaho. During DR-1154, Harmony Heights Road was damaged by heavy runoff. The road was initially inspected on February 20, 1997, and damages were reported on Damage Survey Report (DSR) 28831 for a total amount of $5,634. FEMA re-inspected the site on April 25, 1997. The reinspection team identified seventeen individual damage sites between MP 0.8 and 7.28 describing the damages as ditch cleaning and shaping. The ditch cleaning and shaping was determined to be not eligible because it was routine maintenance and DSR 28331 was approved for $0. The applicant submitted a first appeal. They appealed items that were determined ineligible, particularly at damage locations recommended eligible by the original inspection team. FEMA denied the first appeal because the eligible scope of work for all of the sites was less than $1,000. The applicant submitted a second appeal. They are requesting that 2,500 feet of roadway between MP 2.0 and 3.0 be relocated into the hillside six feet to re-establish a twenty foot roadway width, the replacement of lost surface aggregate and the installation of six culverts as hazard mitigation. The total requested cost is $93,841.
Issues: 1. Is the relocation of the roadway into the hillside eligible?2. Are the damages identified in DSR 28331 eligible?
Findings: 1. No. The documented damages do not indicate that the loss of the roadway width was disaster related.2. Yes. The work identified is disaster related.
Rationale: 44 CFR 206.223(a), General Work Eligibility
Harmony Heights Road is a gravel road located in Clearwater County (applicant), Idaho. The road is steep with a maximum gradient of ten percent combined with steep down slopes on the outside edge of the road. Heavy runoff from rapid snowmelt caused the declaration of FEMA-1154-DR-ID (DR-1154) in January 1997. During DR-1154, Harmony Heights Road was damaged. The road was initially inspected on February 20, 1997, and damages were reported on Damage Survey Report (DSR) 28831 for a total amount of $5,634. Specifically, the initial inspection identified damages at Mileposts (MP) 0.2, 2.1, 2.9, 3.1, and 3.7. The damage was described as shoulder failure. At the request of the applicant, FEMA re-inspected the site on April 25, 1997. The reinspection team identified seventeen individual damage sites between MP 0.8 and 7.28.
FEMA approved DSR 28831 in June of 1997 for $0 because the inspection team determined that the ditch cleaning and reshaping were considered routine maintenance. The repair of the cut slope failure at MP 1.97 was otherwise eligible, however the cost was less than $1,000. Also, the cost to replace plugged culverts at MPs 2.6 and 4.4 was less than $1,000 each. FEMA does not prepare DSRs for less than $1,000 pursuant to 44 CFR 206.202(d)(2).
The applicant submitted a first appeal that the Idaho Bureau of Disaster Services (BDS) forwarded to FEMA on August 28, 1997. FEMA Region X denied the first appeal on routine maintenace, which is not eligible, or for site repairs where the cost to repair the eligible damage was less than $1,000.
The applicant submitted a second of DSR 28331 through two letters dated February 4 and March 22, 2000. They are requesting that 2,500 feet of roadway between MP 2.0 and 3.0 be relocated into the hillside six feet to re-establish a 20- foot roadway width, the replacement of lost surface aggregate and the installation of six culverts as hazard mitigation. The total requested cost is $93,841.
In response to the second appeal, FEMA Region X personnel performed a re-inspection on May 10, 2000. The FEMA personnel identified six locations where the roadway was less than twenty feet wide. The recommended repair was to relocate 700 lf of roadway, six feet into the hillside and install two culverts as hazard mitigation.
DISCUSSION
The applicant is requesting that 2,500 feet of roadway between MP 2.0 and 3.0 be relocated six feet into the hillside. It asserts that three to six feet of roadway and shoulder was lost during the heavy runoff of DR-1154.
The main issue is what damage did the disaster actually cause? The initial inspection documented damages that indicated only the loss of surface aggregate. The inspectors identified a total length of shoulder damage between MP 2.1 and 3.1 of 2,640 feet. However, the dimensions documented indicated a depth of the washout of only 0.166 feet, or two inches. The scope of eligible work was essentially the replacement of lost surface aggregate and associated work items such as grading and ditch shaping. Extensive shoulder erosion was not documented.
The 1997 re-inspection was consistent with the initial inspection, indicating only surface aggregate loss and no road or shoulder loss. The re-inspection team described the damages as ditch cleaning and shaping and a cut slope failure at MP 2.97. The inspectors identified a total length of ditch cleaning of 2,000 feet and 60 feet of cut slope (uphill slope) failure. The ditch cleaning and shaping was determined to be not eligible because it was routine maintenance. Additionally, the cut slope failure was determined to be less than $1,000 and therefore, not eligible. The re-inspection team did not identify any shoulder erosion or failure in any of the identified damage sites.
To be eligible, an item of work must be a direct result of the disaster. In the two 1997 inspections following the disaster, minimal erosion was noted. Neither inspection noted loss or failure of the outside (downhill) shoulder or roadway. The documented damage between MPs 2.0 and 3.0 is not consistent with the damage reported by the applicant in the second appeal. Further, pictures from the re-inspection in April 1997 taken at MP 2.6 document the limited damage at that location. The photos show that the slope on the outside edge has undisturbed vegetation with several small ruts generated from erosion but does not indicate three to six feet loss or failure of the outside shoulder. Further, outside shoulder loss of three to six feet at MP 4.3 was documented and determined as eligible damage in DSR 28838. When comparing the photos, one can see that the documented damage at MP 4.3 shows freshly eroded slopes on the outside edge void of vegetation and sloughed material at the bottom of the outside slope while the photos at MP 2.6 do not. Therefore, the loss of shoulder width MP 2.6 is not related to DR-1154.
The re-inspection that the Region X conducted upon reciept of the second appeal indicated that there was an average of three feet of shoulder loss along approximately 700 feet of road between MPs 2.0 and 3.0. However, this inspection was three years after the disaster. During the time between the disaster inspections and the appeal re-inspection, three winters occurred as well as multiple undeclared storms. These facts make it very difficult to establish that the damages documented during the appeal re-inspection were directly caused by DR1154. Therefore, the applicant's request to relocate the road six feet into hillside is denied.
The work identified as routine maintenance during the initial inspections is eligible if it can be established that the gravel in the ditch was attributed to the disaster. It is reasonable to conclude that because the roadway was repaired as a result of DR-1102 in 1996-1997, that the majority of the gravel present in the ditches was a result of DR-1154. It also reasonable to determine that Harmony Heights Road from MP 0.0 to MP 7.28 may be considered as one facility. Therefore, all of the work identified by the re-inspection for DSR 28331 and the work associated with shoulder failure identified in the initial inspection for DSR 28331 is considered eligible. However, as noted above, work to repair damages at MP 6.42 will be addressed in the first appeal for Harmony Heights Road MP 6.5. The total eligible amount approved by this appeal is $12,908.
CONCLUSION
The damages described on DSR 28831 following the intial inspection are eligible. The cost of the repairs was estimated to be $5, 634. The damage identified during the April 24, 1997 re-inspection at 16 of the 17 sites is also eligible. Specifically, ditch clearing and shaping at the following locations are eligible: MP 0.08-$298; MP 0.18- $149;
MP 0.40 - $447; MP 0.53 - $149; MP 1.9 - $223.50; MP 2.2 - $2,384; MP 2.6 - $298; MP 3.08 - $298; MP 4.3 - $223.50; MP 6.05 - $298; MP 6.11 - $372. 50; MP 6.81- $447.00; MP 6.92 - $223.50; and MP 7.28 - $223.5. The cost to repair the slope failure at MP 1.97 is estimated to be $733.80. The cost to replace clogged culverts at MP 2.6 and MP 4.4 is $ 896.00 each. The estimated cost at the 16 sites is $8,560.
The total eligible cost is $14,194 ($5,634 + $8,560). The appeal is partially approved.
Appeal Brief
| Disaster | FEMA-1154-DR |
| Applicant | Clearwater County |
| Appeal Type | Second |
| PA ID# | 035-00000 |
| PW ID# | 28831 |
| Date Signed | 2001-05-18T04:00:00 |
Cross Reference: Disaster damages, gravel road repair, routine maintenance
Summary: Harmony Heights Road is a steep gravel road located in Clearwater County (applicant), Idaho. During DR-1154, Harmony Heights Road was damaged by heavy runoff. The road was initially inspected on February 20, 1997, and damages were reported on Damage Survey Report (DSR) 28831 for a total amount of $5,634. FEMA re-inspected the site on April 25, 1997. The reinspection team identified seventeen individual damage sites between MP 0.8 and 7.28 describing the damages as ditch cleaning and shaping. The ditch cleaning and shaping was determined to be not eligible because it was routine maintenance and DSR 28331 was approved for $0. The applicant submitted a first appeal. They appealed items that were determined ineligible, particularly at damage locations recommended eligible by the original inspection team. FEMA denied the first appeal because the eligible scope of work for all of the sites was less than $1,000. The applicant submitted a second appeal. They are requesting that 2,500 feet of roadway between MP 2.0 and 3.0 be relocated into the hillside six feet to re-establish a twenty foot roadway width, the replacement of lost surface aggregate and the installation of six culverts as hazard mitigation. The total requested cost is $93,841.
Issues: 1. Is the relocation of the roadway into the hillside eligible?2. Are the damages identified in DSR 28331 eligible?
Findings: 1. No. The documented damages do not indicate that the loss of the roadway width was disaster related.2. Yes. The work identified is disaster related.
Rationale: 44 CFR 206.223(a), General Work Eligibility
Appeal Letter
May 18, 2001
Mr. Clark D. Meeks
Deputy Governor's Authorized Representative
Bureau of Disaster Services
4040 Guard Street, Building 600
Boise, Idaho 83705-5004
RE: Second Appeal- Clearwater County, PA-ID# 035-00000, Harmony Heights Road, FEMA-1154-DR-ID, DSR 28831
Dear Mr. Meeks:
This is in reference to my letter of April 20, 2001 to you regarding the referenced second appeal. In that letter, I approved $12,908 to repair various damage areas along Harmony Heights Road. During a review of the file, we discovered an error in the summation of eligible costs. The correct amount should be $14,194.
Enclosed is a revised appeal analysis that reflects the correct amount. The Regional Director will prepare a Damage Survey Report for $14,194 to implement this determination. I apologize for any inconvenience this may have caused you.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: Tamara D. Doherty
Acting Regional Director
FEMA Region X
Mr. Clark D. Meeks
Deputy Governor's Authorized Representative
Bureau of Disaster Services
4040 Guard Street, Building 600
Boise, Idaho 83705-5004
RE: Second Appeal- Clearwater County, PA-ID# 035-00000, Harmony Heights Road, FEMA-1154-DR-ID, DSR 28831
Dear Mr. Meeks:
This is in reference to my letter of April 20, 2001 to you regarding the referenced second appeal. In that letter, I approved $12,908 to repair various damage areas along Harmony Heights Road. During a review of the file, we discovered an error in the summation of eligible costs. The correct amount should be $14,194.
Enclosed is a revised appeal analysis that reflects the correct amount. The Regional Director will prepare a Damage Survey Report for $14,194 to implement this determination. I apologize for any inconvenience this may have caused you.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: Tamara D. Doherty
Acting Regional Director
FEMA Region X
Appeal Analysis
BACKGROUNDHarmony Heights Road is a gravel road located in Clearwater County (applicant), Idaho. The road is steep with a maximum gradient of ten percent combined with steep down slopes on the outside edge of the road. Heavy runoff from rapid snowmelt caused the declaration of FEMA-1154-DR-ID (DR-1154) in January 1997. During DR-1154, Harmony Heights Road was damaged. The road was initially inspected on February 20, 1997, and damages were reported on Damage Survey Report (DSR) 28831 for a total amount of $5,634. Specifically, the initial inspection identified damages at Mileposts (MP) 0.2, 2.1, 2.9, 3.1, and 3.7. The damage was described as shoulder failure. At the request of the applicant, FEMA re-inspected the site on April 25, 1997. The reinspection team identified seventeen individual damage sites between MP 0.8 and 7.28.
FEMA approved DSR 28831 in June of 1997 for $0 because the inspection team determined that the ditch cleaning and reshaping were considered routine maintenance. The repair of the cut slope failure at MP 1.97 was otherwise eligible, however the cost was less than $1,000. Also, the cost to replace plugged culverts at MPs 2.6 and 4.4 was less than $1,000 each. FEMA does not prepare DSRs for less than $1,000 pursuant to 44 CFR 206.202(d)(2).
The applicant submitted a first appeal that the Idaho Bureau of Disaster Services (BDS) forwarded to FEMA on August 28, 1997. FEMA Region X denied the first appeal on routine maintenace, which is not eligible, or for site repairs where the cost to repair the eligible damage was less than $1,000.
The applicant submitted a second of DSR 28331 through two letters dated February 4 and March 22, 2000. They are requesting that 2,500 feet of roadway between MP 2.0 and 3.0 be relocated into the hillside six feet to re-establish a 20- foot roadway width, the replacement of lost surface aggregate and the installation of six culverts as hazard mitigation. The total requested cost is $93,841.
In response to the second appeal, FEMA Region X personnel performed a re-inspection on May 10, 2000. The FEMA personnel identified six locations where the roadway was less than twenty feet wide. The recommended repair was to relocate 700 lf of roadway, six feet into the hillside and install two culverts as hazard mitigation.
DISCUSSION
The applicant is requesting that 2,500 feet of roadway between MP 2.0 and 3.0 be relocated six feet into the hillside. It asserts that three to six feet of roadway and shoulder was lost during the heavy runoff of DR-1154.
The main issue is what damage did the disaster actually cause? The initial inspection documented damages that indicated only the loss of surface aggregate. The inspectors identified a total length of shoulder damage between MP 2.1 and 3.1 of 2,640 feet. However, the dimensions documented indicated a depth of the washout of only 0.166 feet, or two inches. The scope of eligible work was essentially the replacement of lost surface aggregate and associated work items such as grading and ditch shaping. Extensive shoulder erosion was not documented.
The 1997 re-inspection was consistent with the initial inspection, indicating only surface aggregate loss and no road or shoulder loss. The re-inspection team described the damages as ditch cleaning and shaping and a cut slope failure at MP 2.97. The inspectors identified a total length of ditch cleaning of 2,000 feet and 60 feet of cut slope (uphill slope) failure. The ditch cleaning and shaping was determined to be not eligible because it was routine maintenance. Additionally, the cut slope failure was determined to be less than $1,000 and therefore, not eligible. The re-inspection team did not identify any shoulder erosion or failure in any of the identified damage sites.
To be eligible, an item of work must be a direct result of the disaster. In the two 1997 inspections following the disaster, minimal erosion was noted. Neither inspection noted loss or failure of the outside (downhill) shoulder or roadway. The documented damage between MPs 2.0 and 3.0 is not consistent with the damage reported by the applicant in the second appeal. Further, pictures from the re-inspection in April 1997 taken at MP 2.6 document the limited damage at that location. The photos show that the slope on the outside edge has undisturbed vegetation with several small ruts generated from erosion but does not indicate three to six feet loss or failure of the outside shoulder. Further, outside shoulder loss of three to six feet at MP 4.3 was documented and determined as eligible damage in DSR 28838. When comparing the photos, one can see that the documented damage at MP 4.3 shows freshly eroded slopes on the outside edge void of vegetation and sloughed material at the bottom of the outside slope while the photos at MP 2.6 do not. Therefore, the loss of shoulder width MP 2.6 is not related to DR-1154.
The re-inspection that the Region X conducted upon reciept of the second appeal indicated that there was an average of three feet of shoulder loss along approximately 700 feet of road between MPs 2.0 and 3.0. However, this inspection was three years after the disaster. During the time between the disaster inspections and the appeal re-inspection, three winters occurred as well as multiple undeclared storms. These facts make it very difficult to establish that the damages documented during the appeal re-inspection were directly caused by DR1154. Therefore, the applicant's request to relocate the road six feet into hillside is denied.
The work identified as routine maintenance during the initial inspections is eligible if it can be established that the gravel in the ditch was attributed to the disaster. It is reasonable to conclude that because the roadway was repaired as a result of DR-1102 in 1996-1997, that the majority of the gravel present in the ditches was a result of DR-1154. It also reasonable to determine that Harmony Heights Road from MP 0.0 to MP 7.28 may be considered as one facility. Therefore, all of the work identified by the re-inspection for DSR 28331 and the work associated with shoulder failure identified in the initial inspection for DSR 28331 is considered eligible. However, as noted above, work to repair damages at MP 6.42 will be addressed in the first appeal for Harmony Heights Road MP 6.5. The total eligible amount approved by this appeal is $12,908.
CONCLUSION
The damages described on DSR 28831 following the intial inspection are eligible. The cost of the repairs was estimated to be $5, 634. The damage identified during the April 24, 1997 re-inspection at 16 of the 17 sites is also eligible. Specifically, ditch clearing and shaping at the following locations are eligible: MP 0.08-$298; MP 0.18- $149;
MP 0.40 - $447; MP 0.53 - $149; MP 1.9 - $223.50; MP 2.2 - $2,384; MP 2.6 - $298; MP 3.08 - $298; MP 4.3 - $223.50; MP 6.05 - $298; MP 6.11 - $372. 50; MP 6.81- $447.00; MP 6.92 - $223.50; and MP 7.28 - $223.5. The cost to repair the slope failure at MP 1.97 is estimated to be $733.80. The cost to replace clogged culverts at MP 2.6 and MP 4.4 is $ 896.00 each. The estimated cost at the 16 sites is $8,560.
The total eligible cost is $14,194 ($5,634 + $8,560). The appeal is partially approved.
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