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Second Appeal Brief
PA ID# 199-99199-00; Hardin County
PW ID# 2834; Eligible Work
Citation: FEMA-1606-DR-TX, Hardin County, Eligible Work, PW 2834
Cross Reference: Scope of Work; Cost Overrun
Summary: In September 2005, Hurricane Rita caused road damage along portions of Pinewood Boulevard located in the Pinewood Subdivision in Hardin County (Applicant). Floodwaters from the hurricane penetrated the road surface and weakened the road base. Heavy trucks removing debris from the subdivision streets caused the roadway surface to deflect and break apart. FEMA prepared PW 2834 for $83,134 to patch and resurface damaged sections of Pinewood Boulevard. The Applicant is seeking additional funding of $178,439 to restore Pinewood Boulevard and another road in the subdivision to pre-disaster condition.
The Applicant submitted its first appeal on August 19, 2008. The Regional Administrator denied the appeal for two reasons. First, the Regional Administrator determined that the roads were not damaged as a direct result of Hurricane Rita. Rather, increased heavy truck and equipment traffic utilizing the roads during debris removal operations and timber salvage operations by a private citizen caused the additional damage. Second, the Applicant completed repairs that exceeded the approved scope of work by repaving the entirety of Pinewood Boulevard. In its second appeal, the Applicant reiterated the claims presented in the first appeal. The Applicant did not provide any additional documentation demonstrating that the debris and timber removal operations caused additional damage to the subdivision roads.
Issues: 1. Did the Applicant submit documentation sufficient to support its claim that all of the road damage was disaster related?
2. Was additional work done outside of the approved scope of work?
Findings: 1. No.
Rationale: 44 CFR §206.204(e)(1) Project Performance, Cost Overrun;
44 CFR §206.223(a)(1) General Work Eligibility, General