Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 021-99021-00; Pinal County
PW ID# Project Worksheet 43-1; Queen Anne Road Bridge Crossing
Citation: FEMA-1586-DR-AZ, Pinal County, Queen Anne Road Bridge Crossing
Project Worksheet (PW 43-1)Cross Reference:
Bridges, Time LimitationsSummary:
During February 2005, several tropical storms generated heavy rainfall in Queens Valley, AZ. The flood waters caused cavitation between the pipes and the two headwalls of the Queen Anne Road Bridge Crossing. Flood waters also damaged four corrugated steel culverts under the bridge crossing. FEMA obligated PW 43 for $150,000 on June 7, 2005.
On October 17, 2005, Pinal County (Applicant) discovered damage to the 4- and 6-inch water lines while repairing the bridge crossing. On October 25, 2005, the Applicant reported the water lines damage to the State (ADEM). The Applicant also stated that engineering and construction cost changes are eligible. On July 19, 2007, ADEM submitted the Applicants request to FEMA.
On December 13, 2007, the Applicant submitted the first appeal. The Applicant asserted that the damage should be eligible because it complied with all applicable FEMA notification deadlines and attached a timeline as proof. The Deputy Regional Administrator denied the appeal because ADEM did not present any extenuating circumstances beyond ADEMs control for not reporting the damage to FEMA until July 19, 2007, nearly 21 months after the Applicant made the discovery.
The Applicant submitted a second appeal that reiterates the arguments made in the first appeal. ADEM participated in the State Management of Disasters (SMD) initiative in 2000, and managed six major disasters since then. ADEM provided a State/FEMA agreement that allows ADEM to manage the disaster until final review. In accordance with 44 CFR §206.207, FEMA allows a State that demonstrates the capability to manage a disaster to be responsible for program administration. Therefore, ADEM was not required to notify FEMA of the changes until FEMA conducted the final review.Issues:
Did the Applicant comply with program regulations?Findings: