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Second Appeal Brief
PA ID# 109-47448-00; City of Martinsville
PW ID# 1993; Street and Alley Repairs
Citation: FEMA-1766-DR-IN, City of Martinsville, Permanent, Project Worksheet (PW) 993
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?
Rationale: 44 CFR §206.223, General Work Eligibility