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Second Appeal Brief
PA ID# 027-06610-00; Warren County Freeholders,
PW ID# 1854; Bridge Repair
Conclusion: The Applicant failed to repair preexisting scouring at its bridge piers noted in a New Jersey Department of Transportation bridge inspection; thus, the repair of preexisting scouring is ineligible for FEMA Public Assistance funding. However, the Applicant’s failure to implement countermeasure recommendations included in the same inspection does not impact the eligibility of the repair of the damage caused by the event.
In August 2011, Hurricane Irene caused major damage to many of the Applicant’s bridges, including Bridge 13011. In PW 1854, FEMA determined that some of the storm-related repairs
due to storm damage were ineligible based on Bridge Inspection Reports, dated June 17, 2009 and June 8, 2011. These reports, which were issued prior to Hurricane Irene striking the region, indicated that there was scour at the bridge piers in need of immediate corrective action. Upon review of these reports, FEMA determined the damage to the bridge was the result of deferred maintenance and, consequently, ineligible for FEMA funding. In the first appeal, the Applicant asserted that the preexisting scouring did not contribute in any way to the extent of damage caused by Hurricane Irene. The Regional Administrator (RA) only partially approved the appeal because she determined the Applicant failed to implement the required repairs and recommended countermeasures by September 15, 2011. The RA reduced the eligible cost for the repair of disaster damage by the cost estimates for the preexisting repair ($5,000) and countermeasure recommendations ($180,000), and FEMA obligated a version to PW 1854 for $193,666.23. In the second appeal, the Applicant asserts that the RA erred in denying $180,000 in funding as this amount reflects countermeasure recommendations, not preexisting damage repair. The Applicant asserts that PW 1854 should be revised to reflect the original cost estimate for the repair of disaster damage ($378,666.23)
minus $5,000 (the amount required for the repair of preexisting damage).
• 44 C.F.R. § 206.223(a)(1) General Work Eligibility.
• 44 C.F.R. § 206.223(a)(1) states that an item of work must be the result of the emergency or major disaster event to be eligible for financial assistance.
o Pursuant to 44 C.F.R. § 206.223, the repair of the preexisting damage is ineligible for Public Assistance funding as it is not required as a result of Hurricane Irene.
o However, countermeasure recommendations do not reflect preexisting damage, and thus, do not impact the amount of eligible Public Assistance funding.