Airport District

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1155-DR
ApplicantCameron Park Airport District
Appeal TypeSecond
PA ID#017-91027
PW ID#76637
Date Signed1999-03-22T05:00:00
Citation: FEMA-1155-DR-CA; PA ID 017-91027; DSR 76637.

Cross Reference: Winter storm and flooding; road damage; surface cracking and alligatoring

Summary: In the aftermath of the winter storms of January 1997, the Cameron Park Airport District applied for disaster assistance to repair damage it claimed resulted from standing water from the storms. FEMA/OES inspectors viewed the damaged area claimed by the District and wrote DSR 76637 describing repairs to a 120-foot by 18-foot section at an estimated cost of $7,056. The inspectors were unanimous in their assessment that the damage did not result from the disaster. The District expressed its non-concurrence and appealed the decision claiming that the damaged area was 5,457 square feet and that the cost of the repairs was $16,435. The District charged that FEMA found the same damages eligible in DR-1044 in 1995. The Regional Director denied the appeal pointing out that alligator cracking of the taxiway surface was a pre-disaster condition. Regarding the prior eligible determination in DR-1044/1046, FEMA's Public Assistance Officer affirmed that the award was in contradiction with FEMA policy in place at the time. The District submitted a second appeal of FEMA's ineligible determination with the same arguments as before but supported with photographs. A review of the documentation including careful examination of the photographs does not support overturning the ineligible determination. It seems clear that the claimed damages were caused by deferred maintenance of the apron area of the airport.

Issue: Should FEMA fund the repair of an area of the taxiway that the District claims was damaged by the storm disaster but shows evidence of preexisting damage from normal wear and tear.

Findings: No. FEMA and OES inspectors examined the claimed areas and determined that the damage the District showed were not caused by the disaster.

Rationale: The damage that the District is seeking assistance to repair is not eligible for FEMA assistance because, pursuant to 44 CFR 206.223 (a), it was not required as a result of the disaster event.

Appeal Letter

March 22, 1999

Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741

Dear Mr. Christian:

This is in response to your September 17, 1998, letter forwarding the July 20, 1998, second appeal from the Cameron Park Airport District (District). The District is appealing the Federal Emergency Management Agency's determination that Damage Survey Report (DSR) 76637 was ineligible for disaster funding. DSR 76637 was written following the 1997 winter storms (FEMA-1155-DR-CA) describing damage to the eastside taxiway of the airport. The inspectors, however, determined that the damage was not a result of the disaster but resulted from deferred maintenance.

I have reviewed the information submitted with the second appeal, as well as our response to your first appeal (copy attached). I concluded that the Regional Director's decision on the first appeal is consistent with program statute and regulations. Therefore, I am denying this appeal.

Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.

Sincerely,

/S/

Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

Enclosure

cc: Martha Z. Whetstone
Regional Director
FEMA Region IX
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