Appeal Brief | Appeal Letter | Back
Second Appeal Letter
PA ID# 005-99005-00; Amador County
PW ID# Project Worksheet 836; Irish Hill Road
April 4, 2008
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second AppealAmador County, PA ID 005-99005-00Irish Hill Road,
FEMA-1646-DR-CA, Project Worksheet 836
Dear Ms. Koch:
This letter is in response to the referenced second appeal submitted by Amador County (Applicant) to your office on October 12, 2007, and transmitted by your letter dated December 11, 2007. The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for pavement repair.
The heavy rains during the 2006 Spring Storms damaged sections of shoulder and drainage ditch on Irish Hill Road. FEMA funded $13,926 for repair work and $2,086 for a Hazard Mitigation Proposal to place ballast rock in the drainage ditch. FEMA denied $161,621 for pavement repair because the cracking of the asphalt indicated deferred maintenance.
The Applicant submitted its first appeal to the Office of Emergency Service (OES) on March 2, 2007. OES forwarded the appeal to FEMA on May 3, 2007. The Applicants first appeal stated that seven weeks of solid rainfall and standing water compromised the sub-base and caused cracks in the asphalt pavement. The Applicant submitted photographs and maintenance logs for documentation.
The Deputy Regional Director denied the appeal on August 1, 2007. FEMA determined the pavement replacement ineligible because the damage was due to deferred maintenance. The road surface showed clear signs of alligator cracking, a series of interconnected cracks caused by fatigue failure of the stabilized base due to repeated traffic loading.
The Applicant submitted its second appeal to OES on October 12, 2007. The Applicant asserts that patching logs and photographs, submitted with the second appeal, demonstrate that the damaged sections of Irish Hill Road showed recent maintenance. As in the first appeal, the Applicant contends that the standing water washed out the sub-base, and caused the pavement to crack.
The Applicant showed diligence by submitting additional patch logs and photos for these areas of Irish Hill Road; however, the patching logs do not correlate with the recent repairs to the cracked road, nor do they and the photos support its contention that standing water caused alligator cracking.
The most common causes of alligator cracking is an increase in loading, inadequate structural design, or inadequate compaction of the sub-base during construction. These causes will show cracking or fatigue throughout the entire width of the structure, without complete failure of the paved surface. Severe flooding events cause complete failure rather than symptoms of a compromised pavement structure, such as the cracking that has occurred in the Applicants road.
I have reviewed all information submitted with the appeal and have determined that the Deputy Regional Administrators decision in the first appeal is consistent with Public Assistance Program regulations and policies. Therefore, I deny the Applicants second appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX