Access Road Repair
Appeal Brief
Appeal Letter
Citation: Appeal Brief; Second Appeal; FEMA-1044-DR-CA; Maxwell Irrigation District; PA #011-91003
Cross-Reference: DSR 21416; Colusa Weir Access Road; Permanent Repairs; Category C
Summary: The February storm of 1995 caused damage to the Colusa Weir facility access road of the Maxwell Irrigation District (District). The damage consisted of the loss of roadway fill and surface. FEMA prepared DSR 21416 for $93,247 to fund the repairs to the access road, which included restoration of the washouts of the road with riprap and unclassified fill and repair the road surface with class III aggregate material. Upon review, FEMA reduced the DSR to $13,964 by changing the scope of work from installing aggregate base to grading the road and using unclassified fill in place of riprap, because the proposed scope of work exceeded the pre-disaster design and function of the facility. On March 18, 1996, the State submitted the first appeal. The basis of the appeal was that in order to return the road to its pre-disaster design and function, and to meet the all-weather road policy specifications it was necessary to install riprap with an aggregate course. The applicant submitted a copy of the Board's Resolution on all-weather roads. The first appeal was denied on October 11, 1996, due to the fact that the resolution did not mandate that the all-weather surface policy be uniformly applied and enforced and insufficient documentation was provided to establish the pre-existing condition of the road. The State submitted the second appeal on April 30, 1997. The second appeal was a reiteration of the first appeal. The documentation provided does not adequately establish that the pre-existing condition of the road included riprap with an aggregate course or that the policy was uniformly enforced or applied.
Issues:
Appeal Brief
| Disaster | FEMA-1044-DR |
| Applicant | Maxwell Irrigation District |
| Appeal Type | Second |
| PA ID# | 011-91003 |
| PW ID# | 21416 |
| Date Signed | 1997-11-04T05:00:00 |
Cross-Reference: DSR 21416; Colusa Weir Access Road; Permanent Repairs; Category C
Summary: The February storm of 1995 caused damage to the Colusa Weir facility access road of the Maxwell Irrigation District (District). The damage consisted of the loss of roadway fill and surface. FEMA prepared DSR 21416 for $93,247 to fund the repairs to the access road, which included restoration of the washouts of the road with riprap and unclassified fill and repair the road surface with class III aggregate material. Upon review, FEMA reduced the DSR to $13,964 by changing the scope of work from installing aggregate base to grading the road and using unclassified fill in place of riprap, because the proposed scope of work exceeded the pre-disaster design and function of the facility. On March 18, 1996, the State submitted the first appeal. The basis of the appeal was that in order to return the road to its pre-disaster design and function, and to meet the all-weather road policy specifications it was necessary to install riprap with an aggregate course. The applicant submitted a copy of the Board's Resolution on all-weather roads. The first appeal was denied on October 11, 1996, due to the fact that the resolution did not mandate that the all-weather surface policy be uniformly applied and enforced and insufficient documentation was provided to establish the pre-existing condition of the road. The State submitted the second appeal on April 30, 1997. The second appeal was a reiteration of the first appeal. The documentation provided does not adequately establish that the pre-existing condition of the road included riprap with an aggregate course or that the policy was uniformly enforced or applied.
Issues:
- Are the riprap and aggregate material expenses eligible as pre-existing conditions?
- Was the District's road construction policy resolution legally adopted and uniformly applied and enforced?
- No. The District provided only a list of roads, which had been historically surfaced with stone; this does not establish the pre-existing condition of the Colusa Weir access road.
- No. The resolution states that "the District resolves to have these roads rocked to achieve the required all-weather roadway," but it includes no mandates or timetables.
Appeal Letter
November 4, 1997
Ms. Nancy Ward
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Assistance Branch
P. O. Box 239013
Sacramento, California 95823
Dear Ms. Ward:
This letter is in response to your April 30, 1997, transmittal of the Maxwell Irrigation District's (District) second appeal of damage survey report (DSR) 21416 under FEMA-1044-DR-CA to the Federal Emergency Management Agency (FEMA). The District is requesting reinstatement of $79,283 for riprap to stabilize road fill, and for an aggregate course for the roadway surface repair.
The winter storm of 1995 caused damage to the access road leading to the District's Colusa Weir facility. In February 1995, FEMA prepared DSR 21416 for $93,247 to restore the damage with unclassified fill, and riprap with an aggregate course. Upon review, FEMA determined that the placement of unclassified fill and surface grading alone would restore the roadway to the pre-disaster condition, and reduced the DSR to $13,964. The State submitted the first appeal on March 18, 1996. The basis of the appeal was that in order to return the road to its pre-disaster design and function and meet the District's all-weather road policy specifications, it was necessary to include riprap with an aggregate course. The District submitted a copy of its February 27, 1995, resolution regarding all-weather roads. The Regional Director denied the first appeal because restoration of eligible facilities is limited to the design of the facility prior to the disaster, and the documentation provided indicated the existing road consisted of natural earth, with only a negligible amount of surface aggregate lost as a result of flooding. Further, the Regional Director determined that the District's policy did not have objective criteria to govern its application, pursuant to Title 44 of the Code of Federal Regulations (CFR), section 206.336 (b)(3).
The issues of the second appeal are whether the scope of work of the original DSR returns the road to its pre-disaster design and function, and if the District's resolution on all-weather road construction meets the requirements of 44 CFR 206.226. The Regional Director explained in the first appeal response dated October 11, 1996, that documentation must be provided to demonstrate the condition of the road prior to the disaster event, pursuant to 44 CFR 206.206. The documentation provided with the second appeal includes a list of roads which have been historically surfaced with stone. This information does not establish the pre-disaster condition of the Colusa Wier access road. With respect to the all-weather road resolution, we find that the resolution lacks definitive measures to ensure that the policy is uniformly applied and enforced, as required by 44 CFR 206.226 (b). Based on our evaluation of the documentation submitted with the second appeal, we have determined that the Regional Director's decision on the first appeal is consistent with program statute and regulations. Therefore, I am denying the second appeal.
Please inform the applicant of my 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
Ms. Nancy Ward
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Assistance Branch
P. O. Box 239013
Sacramento, California 95823
Dear Ms. Ward:
This letter is in response to your April 30, 1997, transmittal of the Maxwell Irrigation District's (District) second appeal of damage survey report (DSR) 21416 under FEMA-1044-DR-CA to the Federal Emergency Management Agency (FEMA). The District is requesting reinstatement of $79,283 for riprap to stabilize road fill, and for an aggregate course for the roadway surface repair.
The winter storm of 1995 caused damage to the access road leading to the District's Colusa Weir facility. In February 1995, FEMA prepared DSR 21416 for $93,247 to restore the damage with unclassified fill, and riprap with an aggregate course. Upon review, FEMA determined that the placement of unclassified fill and surface grading alone would restore the roadway to the pre-disaster condition, and reduced the DSR to $13,964. The State submitted the first appeal on March 18, 1996. The basis of the appeal was that in order to return the road to its pre-disaster design and function and meet the District's all-weather road policy specifications, it was necessary to include riprap with an aggregate course. The District submitted a copy of its February 27, 1995, resolution regarding all-weather roads. The Regional Director denied the first appeal because restoration of eligible facilities is limited to the design of the facility prior to the disaster, and the documentation provided indicated the existing road consisted of natural earth, with only a negligible amount of surface aggregate lost as a result of flooding. Further, the Regional Director determined that the District's policy did not have objective criteria to govern its application, pursuant to Title 44 of the Code of Federal Regulations (CFR), section 206.336 (b)(3).
The issues of the second appeal are whether the scope of work of the original DSR returns the road to its pre-disaster design and function, and if the District's resolution on all-weather road construction meets the requirements of 44 CFR 206.226. The Regional Director explained in the first appeal response dated October 11, 1996, that documentation must be provided to demonstrate the condition of the road prior to the disaster event, pursuant to 44 CFR 206.206. The documentation provided with the second appeal includes a list of roads which have been historically surfaced with stone. This information does not establish the pre-disaster condition of the Colusa Wier access road. With respect to the all-weather road resolution, we find that the resolution lacks definitive measures to ensure that the policy is uniformly applied and enforced, as required by 44 CFR 206.226 (b). Based on our evaluation of the documentation submitted with the second appeal, we have determined that the Regional Director's decision on the first appeal is consistent with program statute and regulations. Therefore, I am denying the second appeal.
Please inform the applicant of my 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
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