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Carbondale Road

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1646-DR
ApplicantAmador County
Appeal TypeSecond
PA ID#005-99005-00
PW ID#Project Worksheet 817
Date Signed2008-02-19T05:00:00
Citation: FEMA-1646-DR-CA, Amador County (Applicant), PW 817
Cross-reference: Permanent Work, Road Repair
Summary: Following declaration FEMA-1646-DR-CA, the Applicant requested $216,211.44 to replace a culvert and replace the pavement on sections of Carbondale Road. To meet the basic rule of Public Assistance eligibility, an item of work must be required as a result of the declared disaster. Normal maintenance items that existed prior to the disaster and deferred maintenance, such as repairing deteriorated asphalt, is not eligible because it does not meet the definition of being disaster-related. FEMA denied this funding because the alligator cracking of the asphalt indicated deferred maintenance.

In its first appeal, the Applicant stated that heavy rainfall saturated the sub-grade of sections of Carbondale Road and produced cracks in the paved surface. The Applicant produced patch logs and photographs to show some repairs made prior the event. The logs and photos did not sustain the Applicant’s assertion the repairs were recent prior to the incident. Nor did the Applicant explain or prove that standing floodwater will create pavement alligator cracking. In its second, the Applicant reiterated its position presented in the first appeal.

Issues: 1. Is the road work required as a result of the disaster?

2. Is the replacement of the crushed culvert eligible for Public Assistance?

Findings: 1. No.

2. Yes.

Rationale: 44 CFR §206.223 (a)(1)

Appeal Letter

February 19, 2008

Grace Koch
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655

Re: Second Appeal, Amador County, PA ID 005-99005-00,
Carbondale Road, FEMA-1646-DR-CA, Project Worksheet (PW) 817

Dear Ms. Koch:
This letter is in response to your letter dated December 11, 2007, which transmitted the referenced second appeal on the behalf of Amador County (Applicant). The Applicant is appealing the Federal Emergency Management Agency’s (FEMA) denial of funding for road repair.

The storms and heavy rains from March 29, 2006, through April 16, 2006, produced massive runoff to sections of Carbondale Road. The Applicant requested $216,211.44 to repair asphalt road pavement and replace a crushed 40-foot long, 18-inch wide culvert. To meet the basic rule of Public Assistance eligibility, an item of work must be required as a result of the declared disaster. Normal maintenance items that existed prior to the disaster and deferred maintenance, such as repairing deteriorated asphalt, is not eligible because it does not meet the definition of being disaster-related. FEMA denied this funding because the cracking of the asphalt indicated deferred maintenance.
In a letter dated March 5, 2007, the Applicant submitted its first appeal. It stated that seven weeks of solid rainfall and standing water compromised the sub-base and therefore, caused cracks in the asphalt pavement. The Applicant submitted photographs and maintenance logs for documentation. In a letter dated August 1, 2007, the Deputy Regional Administrator denied its first appeal because of evidence of alligator cracking in the road surface, which suggested a lack of maintenance as the main cause of damage. The road surface showed clear signs of alligator cracking, a series of interconnected cracks caused by fatigue failure of the stabilized base due to repeated traffic loading.
The Applicant submitted its second appeal in a letter dated October 12, 2007. The Applicant asserted the additional patching logs and photographs, submitted with the second appeal, demonstrate that the damaged sections of Carbondale Road showed recent maintenance. As in the first appeal, the Applicant reiterated that the standing water washed-out the sub-base and caused the pavement to crack.

The Applicant submitted additional patch logs and photos for these areas of Carbondale Road; however, the patching logs do not correlate the recent repairs to the cracked road, nor does it support its contention that standing water causes alligator cracking. The most common causes of alligator cracking are an increase in loading, inadequate structural design or inadequate compaction of the sub-base during construction. These causes will show cracking or fatigue throughout the entire width of the structure, without complete failure of the paved surface. Severe flooding events cause complete failure rather than symptoms of a compromised pavement structure, such as the cracking that has occurred in the Applicant’s facilities. Damage to the crushed culvert does, however, appear to be disaster related.

I have reviewed all information submitted with the appeal and have determined that costs to repair sections of Carbondale Road are ineligible for Public Assistance; however, the $2,400 to replace the crushed culvert is eligible for Public Assistance. Therefore, I am partially approving the Applicant’s second appeal. By copy of this letter, I am requesting that the Deputy Regional Administrator take appropriate action to implement this decision.

Please inform the Applicant of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX
Last updated February 4, 2020