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Second Appeal Brief
PA ID# 049-99049-00; McHenry County
PW ID# 2416; Round Lake Township Road
FEMA-1379-DR-ND; McHenry County, Round Lake Township Road, PW 2416
Floodplain Management, Inundation and Ground Saturation Policy (IGSP), Emergency Access
Severe storms, flooding and heavy ground saturation caused damages to sections of Round Lake Township Road. Damage to the road included saturated subgrades and loss of surfacing at four locations, and the loss of embankment material at two of the four locations. The Applicant requested funding for a grade raise for the roadway due to its frequent inundated condition and the resulting detour length for emergency vehicles. Various relocation alternatives were considered during a Floodplain Management and environmental review process, but the Applicant chose not to proceed with the various alternatives. In considering the Road Inundation Policy, FEMA determined that a grade raise was not eligible and prepared Project Worksheet (PW) 2416 in the amount of $29,389 to return the road to its pre-disaster condition and level of service. The Applicant submitted a first appeal asserting that the site met FEMA’s emergency grade raise criteria and requested additional costs totaling $84,075.38. The Regional Director denied funding costs associated with the emergency grade raise because no one was isolated and alternate routes were available for emergency vehicles. The Applicant’s second appeal is requesting funding in the amount of $91,449.38 to restore the road, raise the grade, and perform additional repairs on the basis that the road meets the long-term inundation criteria and the grade raise is eligible.
(1) Does the road meet the long-term inundation criteria?
(2) Is the grade raise eligible?
(1) No. Guidance for long-term inundation suggests a site must remain inundated during the fall and into the winter months. Observations in winter and spring months confirmed that the site had come out of inundation during these periods of time. Therefore, the site does not meet the criteria of long-term inundation.
(3) No. The site is located in an area vulnerable to inundation and cost-effective mitigation, such as a grade raise, is therefore not viable.
44 CFR Part 9, Executive Order 11988 Floodplain Management