Pavement and Shoulder Repair/Replacement in Several Locations
Appeal Brief
Appeal Letter
Citation: FEMA-1044-DR-CA; City of Hesperia; Town of Windsor; DSR's 19041, 19042, and 19045
Cross Reference: Roadway Repair, Applicable Codes and Standards, Potholes
Summary: The 1995 winter storms caused flooding along the roads of the City of Hesperia. Damage survey inspections were conducted in August and September of 1995 resulting in damage survey reports (DSR's) 19041, 19042, and 19045 being prepared for a total of $13,530 for the use of force labor for the repair of surface paving, pothole filling, and shoulder paving. DSR's 19041 and 19042 for pothole repair were ruled ineligible by FEMA Region IX because the pavement failures were characteristic of a lack of maintenance, heavy loading, or poor design, and there was no documentation indicating that they were the result of disaster related flooding. DSR 19045 for shoulder paving was ruled ineligible because the City resolution requiring the paving of selected roadway shoulders as a drainage control measure was non-uniform in it's application. Region IX denied the first appeal because the potholes were determined to be due to the preexisting poor road condition, and the shoulder paving was ruled ineligible because the City Resolution did not conform to FEMA regulations. In its second appeal, the City reiterated its earlier position and submitted documentation that the roadway was constructed prior to 1988 using a paving construction method called "desert mix", which is an asphalt and native material paving mix placed without a subbase.
Issues: 1. Was damage to the pavement surface the result of flooding caused by Disaster 1044, and eligible for FEMA funding?2. Does the City Resolution, which required improvement to roadway shoulders, meet FEMA requirements for uniformity, making it eligible for FEMA funding?
Findings: 1. No. The documentation submitted indicates the roadway is of poor design and construction, and there is no evidence of a maintenance program, making it impossible to determine if the damage can be attributed to the disaster flooding.2. No. The Resolution is not uniform in its application. It depends upon the discretion of a City engineer to discern which roadways require shoulder paving.
Rationale: 44 CFR 206.226
Appeal Brief
| Disaster | FEMA-1044-DR |
| Applicant | City of Hisperia |
| Appeal Type | Second |
| PA ID# | 071-33434 |
| PW ID# | 19041, 19042, and 19045 |
| Date Signed | 1997-12-29T05:00:00 |
Cross Reference: Roadway Repair, Applicable Codes and Standards, Potholes
Summary: The 1995 winter storms caused flooding along the roads of the City of Hesperia. Damage survey inspections were conducted in August and September of 1995 resulting in damage survey reports (DSR's) 19041, 19042, and 19045 being prepared for a total of $13,530 for the use of force labor for the repair of surface paving, pothole filling, and shoulder paving. DSR's 19041 and 19042 for pothole repair were ruled ineligible by FEMA Region IX because the pavement failures were characteristic of a lack of maintenance, heavy loading, or poor design, and there was no documentation indicating that they were the result of disaster related flooding. DSR 19045 for shoulder paving was ruled ineligible because the City resolution requiring the paving of selected roadway shoulders as a drainage control measure was non-uniform in it's application. Region IX denied the first appeal because the potholes were determined to be due to the preexisting poor road condition, and the shoulder paving was ruled ineligible because the City Resolution did not conform to FEMA regulations. In its second appeal, the City reiterated its earlier position and submitted documentation that the roadway was constructed prior to 1988 using a paving construction method called "desert mix", which is an asphalt and native material paving mix placed without a subbase.
Issues: 1. Was damage to the pavement surface the result of flooding caused by Disaster 1044, and eligible for FEMA funding?2. Does the City Resolution, which required improvement to roadway shoulders, meet FEMA requirements for uniformity, making it eligible for FEMA funding?
Findings: 1. No. The documentation submitted indicates the roadway is of poor design and construction, and there is no evidence of a maintenance program, making it impossible to determine if the damage can be attributed to the disaster flooding.2. No. The Resolution is not uniform in its application. It depends upon the discretion of a City engineer to discern which roadways require shoulder paving.
Rationale: 44 CFR 206.226
Appeal Letter
December 29, 1997
Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Field Office - Public Assistance Section
74 North Pasadena Avenue - West Annex 3rd Floor
Pasadena, California 91103
Dear Mr. Najera:
This is in response to your March 28, 1997, transmittal of the City of Hesperia's (City's) second appeal of damage survey reports (DSRs) 19041, 19042, and 19045 under FEMA-1044-DR-CA. The applicant is requesting $13,530 for potholes repairs and asphalt paving of roadway shoulders on several City roads.
The inspection team prepared DSR 19041 for $2,485 and DSR 19042 for $3,529 to repair potholes at various locations within quadrants II and IV, respectively. Upon review, the regional staff determined that the potholes existed prior to the disaster and denied funding. The Regional Director sustained this decision on first appeal. In the second appeal, the applicant stated that the roads are ".desert mix roads and are not conventional design. These roads are easily eroded by severe storm conditions that existed in Federally declared storms due to absence of a `structural section' which is typical of today's sound road design." We have reviewed this explanation along with other information in the file and have determined that there is no basis for overturning previous decisions on this matter. Accordingly, I am denying the second appeal for DSR 19041 and 19042.
The regional staff prepared DSR 19045 for $7,516 to fund shoulder paving based upon City Resolutions 92-62 and 95-86. These resolutions address the use of a new construction standard for roadways, which serve as drainage courses, and the use of paved shoulders, respectively. The regional staff subsequently determined that the cited resolutions did not meet the requirements of 44CFR206.226(b) because their application was subject to the discretion of the city engineer. Therefore, the regional staff concluded that the pavement of the shoulders was not eligible for assistance. The Regional Director agreed with this determination on first appeal. After reviewing the information submitted with appeal, I have determined that the Regional Director's decision on the first appeal is consistent with my previous determination on the applicability of the above ordinances. Accordingly, I am denying the appeal for DSR 19045.
Please inform the applicant of this determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Ray Williams
Acting Regional Director
Region IX
Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Field Office - Public Assistance Section
74 North Pasadena Avenue - West Annex 3rd Floor
Pasadena, California 91103
Dear Mr. Najera:
This is in response to your March 28, 1997, transmittal of the City of Hesperia's (City's) second appeal of damage survey reports (DSRs) 19041, 19042, and 19045 under FEMA-1044-DR-CA. The applicant is requesting $13,530 for potholes repairs and asphalt paving of roadway shoulders on several City roads.
The inspection team prepared DSR 19041 for $2,485 and DSR 19042 for $3,529 to repair potholes at various locations within quadrants II and IV, respectively. Upon review, the regional staff determined that the potholes existed prior to the disaster and denied funding. The Regional Director sustained this decision on first appeal. In the second appeal, the applicant stated that the roads are ".desert mix roads and are not conventional design. These roads are easily eroded by severe storm conditions that existed in Federally declared storms due to absence of a `structural section' which is typical of today's sound road design." We have reviewed this explanation along with other information in the file and have determined that there is no basis for overturning previous decisions on this matter. Accordingly, I am denying the second appeal for DSR 19041 and 19042.
The regional staff prepared DSR 19045 for $7,516 to fund shoulder paving based upon City Resolutions 92-62 and 95-86. These resolutions address the use of a new construction standard for roadways, which serve as drainage courses, and the use of paved shoulders, respectively. The regional staff subsequently determined that the cited resolutions did not meet the requirements of 44CFR206.226(b) because their application was subject to the discretion of the city engineer. Therefore, the regional staff concluded that the pavement of the shoulders was not eligible for assistance. The Regional Director agreed with this determination on first appeal. After reviewing the information submitted with appeal, I have determined that the Regional Director's decision on the first appeal is consistent with my previous determination on the applicability of the above ordinances. Accordingly, I am denying the appeal for DSR 19045.
Please inform the applicant of this determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Ray Williams
Acting Regional Director
Region IX
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