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Second Appeal Brief
PA ID# 041-99041-00; Lewis County
PW ID# 110 & 111; Mays and East Dryad Bridge
SECOND APPEAL BRIEF
Lewis County, PA ID 041-99041-00
Mays and East Dryad Bridges, Project Worksheets 110 and 111
Citation: FEMA-1734-DR-WA, Lewis County, Mays and East Dryad Bridges, Project Worksheets (PWs) 110 and 111
Reference: Bridges, Codes and Standards, Improved Project
Summary: Severe flooding destroyed two bridges (Mays and East Dryad) owned and maintained by Lewis County (Applicant). FEMA prepared PW 110 for $641,352 and PW 111 for $1,132,332 to replace the bridges and categorized them as Improved Projects. FEMA denied the Applicant’s request to apply its local codes and standards for upgrades to the bridges by letter dated March 11, 2008, stating the local codes and standards do not meet the requirements of FEMA’s regulations. On March 25, 2008, the Applicant submitted its first appeal requesting the elevation of both bridges to a minimum of three feet above the 100-year flood level and widening the Mays Bridge to a minimum width of 28 feet. FEMA denied the first appeal on November 14, 2008, stating that the proposed upgrades do not meet three of the five criteria for codes and standards established by 44 CFR §206.226(d). Specifically, the Regional Administrator determined that the requested upgrades: (1) do not apply to the replacement of the bridges; (2) are not appropriate to the pre-disaster use of the facility; and (3) do not apply uniformly to all similar types of facilities within the Applicant’s jurisdiction. On February 9, 2009, the Applicant submitted its second appeal. The Applicant reiterated its claim that the Lewis County Code (LCC) warrants the funding of the design and construction of the upgraded structures. In support of that claim, the Applicant provided documentation for three bridge projects that used the LCC code as design standards.
Issues: (1) Does the LCC requirement that the minimum width of bridges be 28 feet meet the five criteria for codes and standards established by 44 CFR §206.226(d)?
(2) Does the LCC requirement that bridges must be built three foot above 100-year flood level meet the five criteria?
(3) Is the height standard a reasonable design guideline and construction practice?
Finding: (1) Yes.
Rationale: Section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR §206.226(d), Restoration of damaged facilities, Standards.