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Second Appeal Brief
PA ID# 007-UDL4O-00; Appanoose County Secondary Roads
PW ID# 232, 234, 235, 243, 389, 391, 392, 393, and 407; Road Repair
Citation: FEMA-1930-DR-IA, Appanoose County Secondary Roads (Applicant), Road Repair
Summary: As a result of severe flooding, the Applicant sustained damage to numerous gravel roads within its jurisdiction. FEMA worked with the Applicant to determine the eligible scopes of work by doing a 50% validation of damaged sites reflected on nine Project Worksheets (PW). In developing the cost estimates, the Applicant calculated the quantities of gravel with a 1.89 tons per cubic yard (tcy) conversion factor. The Applicant justified use of the 1.89 factor based on the 140 pounds per cubic foot (pcf) density for Class ‘A’ Crushed Stones found in the Iowa Department of Transportation’s Design Manual’s guidelines for estimating quantities of granular fill. However, FEMA found that the load tickets showed the Applicant hauled 1¨û inch road rock and not Class ‘A’ ¾ inch aggregate base. FEMA’s final reviewers adjusted the PWs to authorize only a standard density of 104 pcf for uncompacted gravel which results in a 1.4 tcy conversion factor for aggregate material loosely deposited on the damaged roadways. In the first appeal, the Applicant stated that using 1.4 tcy would not return the roads to their pre-disaster design as gravel placed on the roads is compressed by traffic to a compacted density of 140 pcf. Therefore, the Applicant asserts that using the lower density conversion factor will result in reimbursement of a significantly smaller quantity of gravel than was washed away by the flood waters. FEMA denied the first appeals on March 30, 2011, stating that pursuant to 44 CFR §206.201(j), permanent work to restore an eligible facility must be performed through repairs or replacement on the basis of its pre-disaster design and current applicable standards. The Regional Administrator cited the densities listed in the Pocket Reference - 1st edition, by Thomas Glover as the recognized reference throughout Iowa and FEMA Region VII. She concluded that the conversion factor of 1.4 tcy was appropriate. In a second appeal, the Applicant reiterates its arguments from the first appeal and quotes the preface of Pocket Reference which states that “this book should only be considered as a general guide and … does not represent the information as being exact.”
Issue: Is the use of a compacted aggregate density of 1.89 tcy reasonable and appropriate for calculating the amount of aggregate needed to return the Applicant’s gravel roads to pre-disaster design?
Finding: No. The Applicant did not sufficiently establish that a 1.89 conversion factor was appropriate for the aggregate used in accomplishing the eligible work.
Rationale: 44 CFR §206.201(j), 44 CFR §206.226 (d), DAP 9527.4 Construction Codes and Standards