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Second Appeal Brief
PA ID# 053-UJY1X-00; Decatur County Secondary Roads
PW ID# 1812 and 1822; Steel Creek Bridge and Culvert Repair
Citation: FEMA-1930-DR-IA, Decatur County Secondary Roads, Steel Creek Bridge and Culvert Repair, Project Worksheets (PWs) 1812 and 1822
Reference: Roads and Bridges
Summary: Heavy rainfall during 2010 spring and summer storms damaged numerous roadways within Decatur County Secondary Roads’ (Applicant) jurisdiction during the incident period from June 1, 2010 to August 31, 2010. Three weeks after the incident period ended, the Applicant experienced heavy rainfall that was not included in the federally declared disaster. A combination of the resultant high water and the accumulation of vegetative debris against the piers of a three span steel girder bridge on Steel Creek resulted in scouring of the bridge embankments, damage to the headwall, and failure of the west bridge span. At another site on Steel Creek, vegetative debris clogged a culvert and produced a surcharge that resulted in the collapse of the corrugated metal pipe. At the Applicant’s request, FEMA prepared PWs 1812 and 1822 for a total of $204,324, to document the damage. FEMA determined that the PWs were ineligible for funding because the damage occurred after the incident period and the work was not a direct result of the declared disaster. In the first appeal, the Applicant argued that although the damage occurred after the incident period, the damage to the bridge and culvert was a result of the accumulation of debris from the declared disaster. In letters dated February 10 and February 15, 2011, the Regional Administrator denied the appeal for each PW, citing Title 44 of the Code of Federal Regulations (44 CFR) §206.223(a)(1), which states that for work to be eligible it must “be required as the result of the emergency or major disaster event.” In the second appeal, the Applicant reiterates the argument that the damage resulted from the debris blockage caused from the preceding declared disaster. However, the Applicant has not provided documentation to demonstrate that the debris blockage was the result of the declared disaster.
Issue: Is the repair of damage that resulted from flooding after the end of the incident period eligible for reimbursement?
Rationale: 44 CFR § 206.32(f), Definitions, Incident Period; 44 CFR § 206.202(d)(1), Application procedures, Project worksheets; 44 CFR §206.223(a)(1), General work eligibility, General; Public Assistance Guide (FEMA 322), Eligibility, Direct result.