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Second Appeal Brief
PA ID# 003-05312-00; Bellevue Borough
PW ID# PW 3807; Farragut Street Repairs
FEMA-1557-DR-PA, Bellevue Borough (Applicant), Farragut Street Repairs, Project Worksheet (PW) 3807
Work Eligibility; Improved Project; Roads
Heavy rains flooded Jack’s Run Creek on September 17, 2005, and inundated a 15-foot by 3,120-foot segment of Farragut Street with approximately five feet of water. FEMA prepared PW 3807 for $54,270 to repair 3,120 linear feet (LF) of damaged roadway and install approximately 30 cubic yards (CY) of limestone riprap to stabilize the embankment. On April 18, 2008, FEMA’s final inspection of the project revealed that the Applicant only restored 1,080 LF of the street. In addition, the Applicant conducted work that is outside the approved scope of work. Subsequently, FEMA de-obligated $39,863 from PW 3807. The Applicant stated that its site visits revealed that replacing the pavement by surface milling was not necessary because the “remaining pavement and base material had dried and stabilized sufficiently.” In addition, the Applicant stated that it could only repair 1,080 LF of the roadway without crossing into another municipality’s jurisdiction. Finally, because the roadway receives heavier commercial traffic than it previously reported, the Applicant determined that it was prudent to strengthen this section of roadway. The Applicant’s actions constitute an improved project.
(1) Did the Applicant complete the approved scope of work?
(2) Did the Applicant complete work that was not included in the approved scope of work?
44 CFR §206.203(d)(1)