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Street and Alley Repairs

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1766-DR
ApplicantCity of Martinsville
Appeal TypeSecond
PA ID#109-47448-00
PW ID#1993
Date Signed2010-05-17T04:00:00

Citation:         FEMA-1766-DR-IN, City of Martinsville, Permanent, Project Worksheet (PW) 993

Cross
Reference:
      Work Eligibility

Summary:        An intense rainstorm in late May and early June 2008 inundated the City of Martinsville, Indiana.  FEMA prepared PW 1993 for asphalt repair to four streets and an alleyway in the amount of $34,799.  FEMA determined the repairs were not eligible because the damages were pre-existing alligator cracking related to normal deterioration.  The applicant’s first appeal dated April 3, 2009, asserted the damage to the streets and alleyway were all storm-related, but the damage was not as extensive as originally stated.  The Applicant reduced the total amount requested to $27,480.  The Acting Regional Administrator denied the first appeal because the damage was not caused by the disaster and the appeal lacked support documentation.   In the second appeal, the Applicant agrees that the damage to the streets was attributable to normal deterioration, and withdrew the request for payment for street repairs.  The Applicant, however, asserts the damage to the alleyway was extensive and directly caused by the disaster.  The PW documents that the hilly area received between 10 and 12 inches of rain over a 24-hour period.  Photographs of the alleyway show damage consistent with run-off of this magnitude. 

Issue:           Is the repair of damage to the alleyway between Cunningham and Graham Streets eligible for reimbursement as a result of the disaster?

Finding:        Yes.

Rationale:     44 CFR §206.223, General Work Eligibility

 

Appeal Letter

May 17, 2010

 

 

Mr. Arvin E. Copeland

Governor’s Authorized Representative

Indiana Department of Homeland Security

302 West Washington Street

Indianapolis, IN 46204

 

Re:    Second Appeal–City of Martinsville, PA ID 109-47448-00, Street and Alley Repairs,

         FEMA-1766-DR-IN, Project Worksheet (PW) 1993

 

Dear Mr. Copeland:

This letter is in response to the letter from your office dated December 9, 2009, which transmitted the referenced second appeal on behalf of the City of Martinsville (Applicant).   The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny reimbursement for repair of an alleyway at Lincoln and Cunningham Streets following a severe rainstorm. 

FEMA prepared PW 1993 to document damages to four streets and the alleyway.  The estimated repair cost was $34,799 but FEMA determined the work was not eligible because the damage was related to normal deterioration.  In its first appeal dated April 3, 2009, the Applicant reduced the extent of claimed damages and the requested amount to $27,480.   However, the Acting Regional Administrator denied the first appeal on September 15, 2009, because the damage was not related to the disaster and the appeal lacked supporting documentation.  In its second appeal dated November 20, 2009, the Applicant withdrew the request for the street repairs, but asserted the damage to the alleyway was eligible.  The Applicant provided photographs of the alleyway, which confirm damage consistent with run-off from a severe rainstorm.  The Applicant is requesting removal of 326 square yards of old asphalt, sub-grade preparation, and asphalt surface at a cost of $19,430.

I reviewed the information submitted with the appeal and have determined that the damage is disaster related and repair of the alleyway is eligible for funding.  Therefore, I approve the appeal.  By copy of this letter, I am requesting the Regional Administrator prepare a new PW version for $19,430 for the repair of the alleyway.

Please inform the Applicant of my decision.   This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.

Sincerely,

  /s/

Elizabeth A.  Zimmerman

Assistant Administrator

Recovery Directorate

cc:     Janet M. Odeshoo

Acting Regional Administrator

FEMA Region V