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Austin Bridge

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1416-DR
ApplicantMarrowbone Township Road District
Appeal TypeSecond
PA ID#139-U05AE
PW ID#862
Date Signed2003-09-29T04:00:00
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 TAC’s 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 FEMA’s initial replacement estimate of $83,853 and MTRD’s 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 MTRD’s 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)

Appeal Letter

September 29, 2003

Mr. David L. Smith
Chief
Disaster Assistance and Preparedness
Illinois Emergency Management Agency
110 East Adams Street
Springfield, Illinois 62701-1109

Re: Second Appeal – Marrowbone Township Road District, PA ID 139-U05AE, Austin Bridge, FEMA-1416-DR-IL, Project Worksheet (PW) 862

Dear Mr. Smith:

This is in response to your letter dated June 10, 2003, that transmitted the referenced second appeal on behalf of the Marrowbone Township Road District (MTRD). MTRD is requesting reconsideration of the Federal Emergency Management Agency’s (FEMA’s) decision to deny replacement of the Austin Bridge at an estimated cost of $647,567.

Heavy rains in April and May of 2002 caused flooding along the Marrowbone Creek resulting in damage to the Austin Bridge, which is owned by the Marrowbone Township Road District (MTRD). The bridge is located in a wildlife refuge management area operated by the US Army Corps of Engineers and the Illinois Department of Natural Resources. Minimal traffic drives over the bridge on a routine basis. FEMA originally determined to replace the bridge at an estimated cost 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 that the structure was in poor condition before the flood 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 TAC’s 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 FEMA’s initial replacement estimate of $83,853 and MTRD’s replacement estimate of $219,629. 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.

MTRD submitted its second appeal on June 9, 2003, requesting reconsideration of FEMA’s determination to repair rather than replace the Austin Bridge. MTRD requested that the bridge be replace for an estimated cost of $647,567. To support its claim, MTRD submitted a repair estimate of $72,200 from its consulting engineer and claimed that it met the fifty percent rule when comparing this estimate with FEMA’s original replacement estimate of $83,853.

In determining whether to repair or replace a facility, the repair cost is limited to the cost to repair damaged components only. It does not include codes and standards upgrades, demolition, site work, or applicable project management costs. The replacement cost equals the cost of reconstructing the facility and includes upgrades based on current codes and standards. As such, the cost to repair the Austin Bridge for $33,885 does not justify replacing the bridge, as it is less than 50 percent of the applicant’s replacement estimate of $219,629 (15.4%) and the Illinois Department of Transportation’s replacement estimate of $647,567 (5.2%). Thus, the appeal is denied.

Please inform MTRD of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.

Sincerely,
/S/
Laurence W. Zensinger
Acting Director, Recovery Division
Emergency Preparedness and Response Directorate
Department of Homeland Security

cc: Edward G. Buikema
Regional Director
FEMA, Region V