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Second Appeal Brief
PA ID# 015-99015-00; Mohave County
PW ID# 109; Big Sandy River Low Water Crossings
Citation: FEMA-1888-DR-AZ, Big Sandy River Low Water Crossings, Project Worksheet (PW) 109
Reference: Legal Responsibility
Summary: During the period from January 18-22, 2010, the State of Arizona experienced a severe winter storm including record snowfall, high winds, and flooding. The flooding damaged five Big Sandy River low water crossings. FEMA prepared PW 109 to document work performed to repair the low water crossings. The PW was determined to be ineligible because the Applicant did not provide documentation showing legal responsibility for the repairs.
On July 6, 2011, the Applicant submitted an appeal to the State requesting reconsideration of PW 109 Sites D & E. The appeal asserted that the two sites in question are the Applicant’s legal responsibility based on its interpretation of a section of the Mining Act of 1866 codified as Revised Statute 2477. The letter further stated that the Applicant maintains the roadway on which the crossings were located and that the low water crossings, identified as Sites D & E, are on private land. On March 2, 2012, FEMA denied the appeal stating that the Applicant had not substantiated its legal responsibility for the two crossings.
FEMA requested additional information from the Applicant on August 17, 2012:
1. Documentation showing transfer of the land or a title showing current ownership for both sites identified as D and E on the above referenced PW.
2. A formal agreement or document between the County and the current owners validating the claim that the County is responsible for repairs to the two low water crossings on Signal Road (identified as sites D and E on the PW).
3. Evidence that it “constructed, laid out, opened, established or maintained for ten years or more” the sites in question as required by Arizona Revised Statute §28-7041 (a statute the Applicant also cited).
On August 24, 2012, the Applicant submitted the documents originally provided with the first appeal to support its claim of legal responsibility.
Issue: Has Mohave County established legal responsibility for the repair of the low water crossings identified as Sites D & E on PW 109?
Rationale: 44 CFR §206.223(a)(3), General Work Eligibility