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Second Appeal Summary
PA ID# 035-00000; Clearwater County
DSR ID# 67415, 37510, 37511, 27207, 25346; Upper Fords Creek Road
Citation: FEMA-1102-DR-ID; Clearwater County, Upper Fords Creek Road; DSRs 67415, 37510, 37511, 27207, 25346
Cross-reference: Cost Overrun, Construction-Induced Maintenance, Collateral Damage
Summary: Rain and warmer than normal temperatures combined to melt a two and one half feet to six feet snow pack resulting in severe flooding that caused washouts along Upper Fords Creek Road in Clearwater County during late January and early February of 1996. FEMA approved DSR 67415 in the amount of $507,231 to repair the washouts. In early 1997, Region X staff requested a TAC to perform an analysis of an $845,387 overrun of DSR 67415 reported by the County. FEMA approved DSRs 37510 and 37511 based on the TACs analysis. DSR 37510 was for $504,377 for eligible cost overruns while DSR 37511 was to summarize $342,173 worth of ineligible overruns. In mid-July 1997, FEMAs Office of the Inspector General seized the Countys records for this disaster. Work resumed in mid-July 1999 and over the following months, FEMA worked with the State and the County on a number of issues and subsequently approved DSRs 27207 and 25436 for $227,147 and $225,917, respectively. The County appealed FEMAs determination of ineligibility for $96,787 worth of road strengthening costs on the out-of-scope segments of roadway in a letters dated February 6, 2001 and April 19, 2001, stating that the costs were a direct result of construction-induced maintenance. The Acting Regional Director denied the appeal because the costs to strengthen out-of-scope segments of road were undertaken by the County to address a lack of maintenance on non-disaster damaged sections of Upper Fords Creek Road. Also, the Countys appeal was not submitted in a timely manner. The County submitted its second appeal on October 26, 2001. The State supports the Countys appeal for $96,787.
Issues: 1.) Are the claimed costs eligible?
2.) Did the County submit its appeal within the regulatory timeframe for submitting appeals?
Findings: 1.) Yes. The County acted prudently in strengthening the roadway as to avoid delay in repairing disaster-related damages.
2.) Yes. The County submitted its appeal within 60 days of the final eligibility determination.
Rationale: 44 CFR §206.204