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Second Appeal Brief
PA ID# 071-99071-00; San Bernardino County
PW ID# 2178; Bridge Invert Replacement
FEMA-1577-DR-CA, San Bernardino County, PW 2178, Bridge Invert ReplacementCross-reference:
Disaster Related Damage; Other Federal AgenciesSummary:
As a result of the January 2005 Winter Storms (1577-DR-CA declared February 4, 2005 for severe storms, flooding, debris flows, and mudslides from December 27, 2004 through January 11, 2005) a concrete bridge invert under the Highland Avenue Bridge, owned by San Bernardino County (Applicant), was damaged. Heavily debris- and sediment-laden waters, that included numerous large boulders, eroded a large portion of the reinforced concrete bridge invert. The Applicant replaced the invert at a cost of $533,396. Project Worksheet (PW) 2178 for the reconstruction of the reinforced concrete bridge invert was found ineligible because the damage was determined to be pre-existing and the result of a failed previous repair. The Applicant submitted a first appeal on October 20, 2005, arguing that the invert damage was not pre-existing; the invert had not undergone previous repair; and the declared disaster caused the site damage. FEMA denied the first appeal determining that the bridge invert was under the authority of the Federal Highway Administration (FHWA) Emergency Relief (ER) program. The Applicant submitted a second appeal June 7, 2006. In this appeal, the Applicant demonstrates that the facility is not under the responsibility of the FHWA and it reiterates its position stated in its first appeal regarding the cause of the damage.Issues:
1. Is repair of the facility the responsibility of the FHWA?
2. Did the disaster damage the facility?Findings:
1. No. FHWA determined that the facility was not eligible for its ER Program.
2. Yes. The disaster caused minimum damage to the facility.