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Second Appeal Brief
PA ID# 097-56784-00; City of Petaluma
PW ID# 2285; Hopper Street Repairs
Citation: FEMA-1628-DR-CA, City of Petaluma, Hopper Street Repairs, PW 2285
Reference: Codes and Standards
Summary: Flooding caused by FEMA-1628-DR-CA damaged Hopper Street in the City of Petaluma (Applicant). Hopper Street is adjacent to a commuter rail line owned by the Sonoma-Marin Area Rapid Transit District (SMART). The Applicant needed an encroachment permit from SMART before it could repair the damages to Hopper Street. SMART requested that the Applicant construct new drainage facilities as part of the Hopper Street repairs because of concerns about storm water runoff from Hopper Street onto its rail line. FEMA denied the Applicant’s request for funding to cover the costs of the new drainage facilities based on a determination that the SMART demands were not based on codes and standards that have been adopted and enforced by the Applicant. The Applicant contends that it is required to comply with the SMART requirements and is therefore eligible to receive an additional $129,119 to construct new drainage facilities along the portions of Hopper Street that are going to be repaired. The Applicant also maintains that FEMA improperly omitted $121,668 from the PW for certain road repair costs that were eligible.
Issues: 1. Do current applicable codes, specifications, and standards require the construction of new drainage facilities adjacent to Hopper Street, as demanded by SMART?
2. Are the line items requested by the Applicant in the amount of $121,668 eligible to repair the damages to Hopper Street that were caused by the disaster?
Findings: 1. No.
2. Yes, in part. An additional $25,599 in estimated costs to repair the Hopper Street damages is considered eligible to restore the road to pre-disaster condition.
Rationale: Subsection 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR §206.226; Disaster Assistance Policy 9527.4, Construction Codes and Standards; Disaster Assistance Policy 9526.1, Hazard Mitigation Funding Under Section 406 (Stafford Act).