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Second Appeal Brief
PA ID# 139-U05AE; Marrowbone Township Road District
PW ID# 862; Austin Bridge
Citation: FEMA-11416-DR-IL; Marrowbone Township Road District, Austin Bridge; Project Worksheet (PW) 862
Cross-reference: Repair/Replacement Costs
Summary: Heavy rains in April and May of 2002 caused flooding along the Marrowbone Creek resulting in damage to the Austin Bridge owned by the Marrowbone Township Road District (MTRD). The Federal Emergency Management Agency (FEMA) originally determined to replace the bridge at an estimate of $83,853. However, after reviewing the bridge inspection report issued one year prior to the flood, FEMA determined not to replace the bridge because the bridge inspection report indicated the structure to be in poor condition and that this event did not cause substantial damage to the bridge. In lieu of replacing the bridge, FEMA prepared PW 862-0 for $4,146 to repair the bridge on September 18, 2002. MTRD submitted a first appeal on
January 9, 2003, requesting replacement of the bridge at an estimated cost of $647,567. Included in the estimate were costs to elevate the bridge because the original structure is known to periodically flood. FEMA Region V assigned a Technical Assistance Contractor (TAC) to re-inspect the bridge and to produce a PW. Based on the TACs inspection and review, the FEMA Region V Regional Director denied the appeal to replace the bridge because the revised repair estimate from the TAC was less than 50 percent of FEMAs initial replacement estimate of $83,853 and MTRDs original replacement estimate of $219,629 from the Moultrie County Engineer. Instead, FEMA prepared PW 862-1 on April 17, 2003, for $33,884 to repair the bridge and PW 862-2 on April 22, 2003, for $25,967 for mitigation measures. The Illinois Emergency Management Agency supports MTRDs second appeal for $647,567 to replace the bridge in accordance with the Illinois Department of Transportation standards.
Issues: Is the bridge eligible for replacement?
Findings: No. The estimate to repair the bridge is less than 50 percent of the estimate to replace the bridge.
Rationale: 44 CFR §206.226(f); Response & Recovery Policy 9524.4, Eligibility of Facilities for Replacement under 44 CFR §206.226(d)(1) (The 50% Rule)