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Howard Hill Bridge Abutment

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1093-DR
ApplicantLiberty Township
Appeal TypeSecond
PA ID#115-43120
PW ID#94038
Date Signed1998-02-06T05:00:00
Citation: FEMA-1093-DR-PA; Liberty Township; DSR 94038

Cross-Reference: Insufficient evidence for eligibility

Summary: After the January 1996 flood event in Liberty Township, the Howard Hill Bridge over Rhinney Creek was visited but no Damage Survey Report was written because the team determined there was no damage at the site. After a written request by Liberty Township on August 2, 1996, the site was visited again and DSR 94038 was prepared for $0.00 to address the damage to Howard Hill Bridge over Rhinney Creek. The inspectors, one Federal and two State, concurred that insufficient evidence was found to determine the flooding in January caused the west end of the northerly abutment to settle. Liberty Township submitted their first appeal on December 2, 1996, to FEMA. The appeal was denied on the basis of insufficient evidence and lack of substantive documentation to show that the damage was a result of the declared event. Liberty Township has appealed the ruling a second time offering a list of names of citizens who live in the vicinity of the bridge and state that the January 1996 flood event caused the west end of the northerly abutment to settle.

Issues: Is the Howard Hill Bridge abutment eligible?

Findings: No. There is no substantive evidence that the January 1996 flood event caused the settling of the bridge abutment.

Rationale: In order to be eligible for funding the damage has to be directly related to a declared event.

Appeal Letter

February 6, 1998

Mr. Charles F. Wynne
Governor's Authorized Representative
Pennsylvania Emergency Management Agency
Box 3321
Harrisburg, Pennsylvania 17105-3321

Dear Mr. Wynne:

This letter is in response to your July 8, 1997, submittal of Liberty Township's second appeal of damage survey report (DSR) 94038 under FEMA-1093-DR-PA. The appeal requests a re-inspection of the Howard Hill Bridge over Rhinney Creek for the settling of the west end of the northerly abutment.

After the January 1996 flood event in Liberty Township, the Howard Hill Bridge over Rhinney Creek was visited but no Damage Survey Report was written because the team determined there was no damage at the site. After a written request by Liberty Township on August 2, 1996, the site was visited again and DSR 94038 was prepared for $0.00 to address the damage to Howard Hill Bridge over Rhinney Creek. The inspectors, one Federal and two State, concurred that insufficient evidence was found to determine the flooding in January caused the west end of the northerly abutment to settle. Liberty Township submitted their first appeal on December 2, 1996, to FEMA. The appeal was denied on the basis of insufficient evidence and lack of substantive documentation to show that the damage was a result of the declared event. In their second appeal, Liberty Township offered a list of names of citizens who live in the vicinity of the bridge who state that the settlement occurred in the spring of 1996, particularly after the April thaw.

I have reviewed all of the documentation submitted, and have reached a determination that there is not sufficient evidence that the disaster event caused the settlement. Therefore, I have denied this appeal. My determination is based on the professional opinion of the Federal and State engineers. Please inform the subgrantee of my determination. The subgrantee 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

cc: Rita A. Calvan
Regional Director
FEMA Region III