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Playground Asphalt Surface Repair
Appeal Brief
Appeal Letter
Citation: Appeal Brief; Second Appeal; Santa Cruz City Schools; FEMA-1046-DR-CA; PA #087-91024
Cross-Reference: DSRs 71071 and 71072; Playground Asphalt Surface Repair; Category G
Summary: During the winter storms of January and March of 1995, a void formed beneath the asphalt-paved surface at two Santa Cruz City Schools playgrounds. At both locations the voids, which resulted in settlement of the paved surfaces, formed in areas adjacent to a manhole and storm sewer drain. Subsequently, FEMA prepared DSR 71071 for $509 to repair a sewer line, cave-in, and asphalt-paved surface at Mission Hill Junior High School and DSR 71072 for $509 to repair a storm sewer, cave-in and asphalt-paved surface at Westlake Elementary School. Upon review of the DSRs, it was determined that the damages appeared to be a pre-disaster problem of the storm sewer lines. Further, the estimate for each DSR was less than $1,000, therefore, no FEMA funding was available. The State submitted the first appeal on November 7, 1996, requesting $2,485 for DSR 71071 and $1,880 for DSR 71072, the actual costs to repair the sewer manhole and storm drain cave-ins and paved surfaces at both locations. The basis of the appeal was that the applicant did not agree with the original estimate of $509 on each DSR and requested reimbursement for actual costs to repair the damages. The former Regional Director denied the appeal on March 26, 1997, because it appeared that the damages were caused by the pre-disaster condition of the sewer and storm drain lines. The State forwarded the second appeal on September 5, 1997. The basis of this appeal is that the damages were a result of the disaster event. The applicant contends that the damages were a result of subterranean water flow from an unknown source eroding the sand backfill, which created the voids and cave-ins. The applicant also contends that subsequent play and foot traffic caused the asphalt to fail. The appeal is supported by a May 8, 1997, letter from Mr. Frank Gonzales, the contractor who performed the repairs. In this letter, Mr. Gonzales indicates that during repairs at each playground he was discovered that there were no damages to the sewer lines.
Issue: Were the cave-in and paved surface damages to the playgrounds a result of disaster damage to the nearby sewer line and storm drain?
Findings: Yes. The documentation submitted indicates that the disaster did not result in damage to the respective sewer lines. Therefore, the damages must be attributed to excessive groundwater from heavy rains during the disaster.
Rationale: To be eligible for financial assistance, an item of work must be required as the result of the major disaster event, pursuant to 44 CFR 206.223.
Appeal Brief
| Disaster | FEMA-1046-DR |
| Applicant | Santa Cruz City Schools |
| Appeal Type | Second |
| PA ID# | 087-91024 |
| PW ID# | 71071,71072 |
| Date Signed | 1998-02-06T05:00:00 |
Cross-Reference: DSRs 71071 and 71072; Playground Asphalt Surface Repair; Category G
Summary: During the winter storms of January and March of 1995, a void formed beneath the asphalt-paved surface at two Santa Cruz City Schools playgrounds. At both locations the voids, which resulted in settlement of the paved surfaces, formed in areas adjacent to a manhole and storm sewer drain. Subsequently, FEMA prepared DSR 71071 for $509 to repair a sewer line, cave-in, and asphalt-paved surface at Mission Hill Junior High School and DSR 71072 for $509 to repair a storm sewer, cave-in and asphalt-paved surface at Westlake Elementary School. Upon review of the DSRs, it was determined that the damages appeared to be a pre-disaster problem of the storm sewer lines. Further, the estimate for each DSR was less than $1,000, therefore, no FEMA funding was available. The State submitted the first appeal on November 7, 1996, requesting $2,485 for DSR 71071 and $1,880 for DSR 71072, the actual costs to repair the sewer manhole and storm drain cave-ins and paved surfaces at both locations. The basis of the appeal was that the applicant did not agree with the original estimate of $509 on each DSR and requested reimbursement for actual costs to repair the damages. The former Regional Director denied the appeal on March 26, 1997, because it appeared that the damages were caused by the pre-disaster condition of the sewer and storm drain lines. The State forwarded the second appeal on September 5, 1997. The basis of this appeal is that the damages were a result of the disaster event. The applicant contends that the damages were a result of subterranean water flow from an unknown source eroding the sand backfill, which created the voids and cave-ins. The applicant also contends that subsequent play and foot traffic caused the asphalt to fail. The appeal is supported by a May 8, 1997, letter from Mr. Frank Gonzales, the contractor who performed the repairs. In this letter, Mr. Gonzales indicates that during repairs at each playground he was discovered that there were no damages to the sewer lines.
Issue: Were the cave-in and paved surface damages to the playgrounds a result of disaster damage to the nearby sewer line and storm drain?
Findings: Yes. The documentation submitted indicates that the disaster did not result in damage to the respective sewer lines. Therefore, the damages must be attributed to excessive groundwater from heavy rains during the disaster.
Rationale: To be eligible for financial assistance, an item of work must be required as the result of the major disaster event, pursuant to 44 CFR 206.223.
Appeal Letter
February 6, 1998
Mr. D. A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 239013
Sacramento, California 95823
Dear Mr. Christian:
This is in response to your letter of September 5, 1997, to the Federal Emergency Management Agency (FEMA) forwarding a second appeal of damage survey reports (DSRs) 71071 and 71072 under FEMA-1046-DR-CA on behalf of the Santa Cruz City Schools. The applicant is requesting a total of $4,365 for the repairs of cave-ins and asphalt surfaces at two school playgrounds.
During the winter storms of January and March of 1995, voids formed beneath the paved surfaces at two Santa Cruz City Schools. At both sites, the voids, which resulted in settlement of the asphalt surface, formed in areas adjacent to a manhole and storm sewer drain. FEMA prepared DSR 71071 for $509 to repair a sewer line, cave-in, and the paved surface at the Mission Hill Junior High School and DSR 71072 for $509 to repair a storm sewer, cave-in, and the paved surface at the Westlake Elementary School. Upon review of the DSRs, it was determined that the damages appeared to be a pre-disaster problem of the storm sewer pipes. Further, the estimate for each DSR was less than $1,000, therefore, no FEMA funding was available. The State submitted the first appeal on November 7, 1996, requesting $2,485 for DSR 71071 and $1,880 for DSR 71072 for actual costs to repair the cave-ins and paved surfaces at both locations. The basis of the appeal was that the applicant did not agree with the original estimate of $509 on each DSR and requested reimbursement for actual costs to repair the damages. The former Regional Director denied the appeal on March 26, 1997, because the damages appear to have been caused by the pre-disaster condition of the sewer and storm drain lines.
The State forwarded the second appeal on September 5, 1997. The basis of this appeal is that there were no damages to the sewer line or the storm sewer, therefore, the damages occurred as a result of the disaster. The applicant contends that subterranean water flow from an unknown source eroded the sand backfill along the sewer lines, which created the voids and cave-ins. The appeal is supported by a May 8, 1997, letter from Mr. Frank Gonzales, the contractor who performed the repairs. In the letter, Mr. Gonzales indicates that during repair, at each playground he discovered that there were no damages to the sewer line or the storm drain and no repairs were required for these facilities.
Pursuant to Title 44 of the Code of Federal Regulations (CFR), section 206.223, to be eligible for financial assistance, an item of work must be required as the result of the major disaster event. The documentation provided, particularly the letter from Mr. Gonzales, indicates that the sewer lines at both sites were not damaged during the disaster. Soil along sewer lines is typically a sand backfill and not tightly compacted, natural in-situ soils. Voids of the nature of this appeal form more readily in these soils when there are elevated groundwater conditions. Therefore, it can reasonably be inferred that the excessive groundwater from the heavy rains of the disaster eroded the soil around the sewer line forming the voids at both locations. Pursuant to 44 CFR 206.223, which requires an item of work to be the result of the major disaster event to be eligible for financial assistance, these expenses are eligible for reimbursement. Therefore, I am approving the second appeal for $4,365 for repair of the cave-in and paved surfaces at both playground locations.
Please inform the applicant of my determination. I have directed the Regional Director to take appropriate action to implement this decision.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Dianne K. Bona
Acting Regional Director
FEMA Region IX
Mr. D. A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 239013
Sacramento, California 95823
Dear Mr. Christian:
This is in response to your letter of September 5, 1997, to the Federal Emergency Management Agency (FEMA) forwarding a second appeal of damage survey reports (DSRs) 71071 and 71072 under FEMA-1046-DR-CA on behalf of the Santa Cruz City Schools. The applicant is requesting a total of $4,365 for the repairs of cave-ins and asphalt surfaces at two school playgrounds.
During the winter storms of January and March of 1995, voids formed beneath the paved surfaces at two Santa Cruz City Schools. At both sites, the voids, which resulted in settlement of the asphalt surface, formed in areas adjacent to a manhole and storm sewer drain. FEMA prepared DSR 71071 for $509 to repair a sewer line, cave-in, and the paved surface at the Mission Hill Junior High School and DSR 71072 for $509 to repair a storm sewer, cave-in, and the paved surface at the Westlake Elementary School. Upon review of the DSRs, it was determined that the damages appeared to be a pre-disaster problem of the storm sewer pipes. Further, the estimate for each DSR was less than $1,000, therefore, no FEMA funding was available. The State submitted the first appeal on November 7, 1996, requesting $2,485 for DSR 71071 and $1,880 for DSR 71072 for actual costs to repair the cave-ins and paved surfaces at both locations. The basis of the appeal was that the applicant did not agree with the original estimate of $509 on each DSR and requested reimbursement for actual costs to repair the damages. The former Regional Director denied the appeal on March 26, 1997, because the damages appear to have been caused by the pre-disaster condition of the sewer and storm drain lines.
The State forwarded the second appeal on September 5, 1997. The basis of this appeal is that there were no damages to the sewer line or the storm sewer, therefore, the damages occurred as a result of the disaster. The applicant contends that subterranean water flow from an unknown source eroded the sand backfill along the sewer lines, which created the voids and cave-ins. The appeal is supported by a May 8, 1997, letter from Mr. Frank Gonzales, the contractor who performed the repairs. In the letter, Mr. Gonzales indicates that during repair, at each playground he discovered that there were no damages to the sewer line or the storm drain and no repairs were required for these facilities.
Pursuant to Title 44 of the Code of Federal Regulations (CFR), section 206.223, to be eligible for financial assistance, an item of work must be required as the result of the major disaster event. The documentation provided, particularly the letter from Mr. Gonzales, indicates that the sewer lines at both sites were not damaged during the disaster. Soil along sewer lines is typically a sand backfill and not tightly compacted, natural in-situ soils. Voids of the nature of this appeal form more readily in these soils when there are elevated groundwater conditions. Therefore, it can reasonably be inferred that the excessive groundwater from the heavy rains of the disaster eroded the soil around the sewer line forming the voids at both locations. Pursuant to 44 CFR 206.223, which requires an item of work to be the result of the major disaster event to be eligible for financial assistance, these expenses are eligible for reimbursement. Therefore, I am approving the second appeal for $4,365 for repair of the cave-in and paved surfaces at both playground locations.
Please inform the applicant of my determination. I have directed the Regional Director to take appropriate action to implement this decision.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Dianne K. Bona
Acting Regional Director
FEMA Region IX