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Irish Hill Road

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1646-DR
ApplicantAmador County
Appeal TypeSecond
PA ID#005-99005-00
PW ID#Project Worksheet 836
Date Signed2008-04-04T04:00:00
Citation: FEMA-1646-DR-CA, Amador County, PW 836

Cross-reference: Permanent Work, Road Repair
Summary: Following declaration FEMA-1646-DR-CA, the Applicant requested $161,621 in funding for pavement repair on Irish Hill Road. FEMA did not fund pavement repair because the road’s surface showed severe alligator cracking. FEMA funded $13,926 for shoulder and ditch repair and $2,085.92 to fund a Hazard Mitigation Proposal to place ballast rock in the drainage ditch.
The Applicant submitted its first appeal on May 3, 2007, stating heavy rainfall saturated the road’s subgrade and produced cracks in the paved surface. The Applicant produced patch logs and photographs to show some repairs made prior the event. The logs and photos did not sustain the assertion the repairs were prior to the incident or part of a regular maintenance program. Additionally, the monthly logs did not describe the damage repaired or the repairs themselves in any detail. The Applicant also does not establish that standing floodwater will create pavement alligator cracking.
On December 12, 2007, the Applicant submitted its second appeal to FEMA reiterating its position presented in the first appeal.

Issues: 1. Is the work required as a result of the disaster?

Findings: 1. No.

Rationale: 44 CFR §206.223 (a)(1)

Appeal Letter

April 4, 2008

Grace Koch
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655

Re: Second Appeal–Amador County, PA ID 005-99005-00
Irish Hill Road, FEMA-1646-DR-CA, Project Worksheet 836

Dear Ms. Koch:

This letter is in response to the referenced second appeal submitted by Amador County (Applicant) to your office on October 12, 2007, and transmitted by your letter dated December 11, 2007. The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for pavement repair.

The heavy rains during the 2006 Spring Storms damaged sections of shoulder and drainage ditch on Irish Hill Road. FEMA funded $13,926 for repair work and $2,086 for a Hazard Mitigation Proposal to place ballast rock in the drainage ditch. FEMA denied $161,621 for pavement repair because the cracking of the asphalt indicated deferred maintenance.

The Applicant submitted its first appeal to the Office of Emergency Service (OES) on March 2, 2007. OES forwarded the appeal to FEMA on May 3, 2007. The Applicant’s first appeal stated that seven weeks of solid rainfall and standing water compromised the sub-base and caused cracks in the asphalt pavement. The Applicant submitted photographs and maintenance logs for documentation.
The Deputy Regional Director denied the appeal on August 1, 2007. FEMA determined the pavement replacement ineligible because the damage was due to deferred maintenance. The road surface showed clear signs of alligator cracking, a series of interconnected cracks caused by fatigue failure of the stabilized base due to repeated traffic loading.

The Applicant submitted its second appeal to OES on October 12, 2007. The Applicant asserts that patching logs and photographs, submitted with the second appeal, demonstrate that the damaged sections of Irish Hill Road showed recent maintenance. As in the first appeal, the Applicant contends that the standing water washed out the sub-base, and caused the pavement to crack.

The Applicant showed diligence by submitting additional patch logs and photos for these areas of Irish Hill Road; however, the patching logs do not correlate with the recent repairs to the cracked road, nor do they and the photos support its contention that standing water caused alligator cracking.
The most common causes of alligator cracking is an increase in loading, inadequate structural design, or inadequate compaction of the sub-base during construction. These causes will show cracking or fatigue throughout the entire width of the structure, without complete failure of the paved surface. Severe flooding events cause complete failure rather than symptoms of a compromised pavement structure, such as the cracking that has occurred in the Applicant’s road.
I have reviewed all information submitted with the appeal and have determined that the Deputy Regional Administrator’s decision in the first appeal is consistent with Public Assistance Program regulations and policies. Therefore, I deny the Applicant’s second appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX