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Second Appeal Brief
PA ID# 057-U1ZZV-00; Port of Tillamook Bay
PW ID# Project worksheet 176; Tunnel 32
FEMA-1672-DR-OR, Port of Tillamook Bay, Tunnel 32,
Project Worksheet (PW) 176Cross-reference:
Pre-Disaster Condition, Work Eligibility Summary:
Near-record setting rain fell in the vicinity of the City of Tillamook, Oregon on November 5-8, 2006. Several weeks after the storm, the Port of Tillamook Bay (Applicant) inspected railroad Tunnel 32 and observed that the steel lining along the center of the tunnel had deflected about two feet. It concluded that loose material from the top on the tunnel fell on the lining after the rain and caused the deflection. The lining did not provide any structural support to the tunnel because there were voids along the sides and top of the tunnel. The Applicant requested assistance to remove the loose material, fill the voids around the lining with sand and concrete, and install 1,600 linear feet of rock bolts. FEMA prepared PW 176 to document the damage to the tunnel, but determined that the requested scope of work was not a direct result of the disaster. The Regional Administrator sustained this determination on first appeal.
The Applicant submitted a second appeal on March 7, 2008, accompanied by a brief technical report in the form of a memorandum from Jacobs and Associates Engineers/Consultants. The memorandum states in pertinent part that Prior to the storms, the tunnel, while in need of repair
[sic], still had adequate dimensional clearance and was open to railroad traffic. The State made no recommendation on the merits of this appeal.Issues:
Did the Applicant establish the eligibility of the work?Findings:
44 CFR §206.223(a).