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Second Appeal Brief
PA ID# 055-99005-00; Amador County
PW ID# Project Worksheet 781; Ostrom Road
FEMA-1646-DR-CA, Amador County, PW 781
Permanent Work, Road Repair
Following declaration FEMA-1646-DR-CA, the Applicant requested funding for shoulder and pavement repair on Ostrom Road. FEMA reimbursed the Applicant $22,424 to repair the shoulder of the road. The Applicant also requested $129,366 to repair asphalt road pavement. FEMA denied this funding because the cracking of the asphalt indicated deferred maintenance.
The Applicant submitted its first appeal on March 5, 2007, stating that heavy rainfall saturated the roads subgrade and produced cracks in the paved surface. The Applicant produced patch logs and photographs to show some repairs made prior to the event. The logs and photos did not support the assertion that the repairs were completed prior to the incident or part of a regular maintenance program. Additionally, the monthly logs did not describe the damage repaired or the repairs themselves in any detail. The Applicant did not establish that standing floodwater will cause alligator cracking in asphalt pavement.
On October 12, 2007, the Applicant submitted its second appeal reiterating its position presented in the first appeal.
1. Is the work required as a result of the disaster?
44 CFR §206.223 (a)(1)
Second AppealAmador County, FEMA-1646-DR-CA, Project Worksheet 781