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Second Appeal Brief
PA ID# 245-99245-00; Jefferson County
PW ID# Multiple (53) Project Worksheets (PW); Road Repair
Citation: FEMA-1791-DR-TX, Jefferson County, Road Repair, Multiple (53) Project Worksheets (PW)
Reference: Work Eligibility, Pre-Disaster Condition
Summary: The tidal surge from Hurricane Ike in September 2008 resulted in overtopping of many Jefferson County roads. In mid-November, the Applicant drafted PWs for repairs to 53 roads which are double chip and seal with a limestone base. Twenty-six of the 53 PWs also included estimates for the removal of sediment and debris from road ditches. After multiple FEMA, State, and local inspections, FEMA prepared 53 PWs for the specific road areas but declared them ineligible based on the determination that the disaster did not cause actual damages, but the proposed repairs may be needed due to “age” and “heavy vehicular traffic.” FEMA also determined that the amount of sediment and debris in the ditches was minor, the ditches were in need of maintenance, and the proposed ditch cleaning could be done in the Applicant’s normal maintenance cycle and was, therefore, not eligible for funding. FEMA denied the first appeal stating that the original decision was in accordance with Public Assistance guidelines. The Applicant’s second appeal again requests road repair estimated at $2.4 million and ditch cleaning and shaping estimated at $645,647. Upon review of all documentation submitted by the Applicant as well as FEMA inspection reports, the proposed road repairs are attributable to loss of service life, not the disaster. Additionally, FEMA recognizes that it may be possible to verify pre-disaster condition of the ditches through pre-disaster maintenance records or reports in order to determine eligibility. However, the documentation submitted by the Applicant does not support that the damage is directly related to the disaster.
Issues: 1. Are the road damages a direct result of the disaster?
2. Is the ditch cleaning and shaping required as direct result of the disaster and necessary to restore the facility to pre-disaster condition?
Findings: 1. No.
Rationale: 44 CFR §206.223 General work eligibility; 44 CFR §206.226 Restoration of damaged facilities; Public Assistance Guide, FEMA 322, June 2007