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Brooks Road

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1044-DR
ApplicantTown of Windsor
Appeal TypeSecond
PA ID#097-85922
PW ID#75636
Date Signed1997-12-22T05:00:00
Citation: FEMA-1044-DR-CA: Town of Windsor: DSR 755636

Cross-Reference: Roadway repair, Road Maintenance, Base Material, Asphalt Pavement

Summary: The January 1995 storm (DR-1044) flooded Brooks Road. The inspection team wrote DSR 75636 for $152,034 to place the base material and pavement along 1,245 feet of Brooks Road. Upon review, the regional staff determined that the damage to the road, which consisted of potholes, existed prior to the storm, and subsequently denied funding. The Regional Director sustained this decision on first appeal. Brooks Road was also flooded during DR-1046. An inspection team visited the site after this storm and wrote DSR 37679 for $18,160 to repave the road. The applicant and State concurred on this DSR. However, the applicant has submitted a second appeal for DSR 75636 under FEMA-1044-DR-CA seeking $152,034 reimbursement for reconstructing Brooks Road.

Issue: Does DSR 37679 adequately restore Brooks Road to pre-disaster condition?

Finding: Yes. The applicant has not demonstrated that the base material was damaged by the disaster.

Rationale: 44CFR206.226.

Appeal Letter

December 22, 1997

Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Assistance Program Branch
P.O. Box 239013
Sacramento, California 95823

Dear Mr. Christian:

This is in response to your July 25, 1997, transmittal of the Town of Windsor's second appeal of damage survey report (DSR) 75636 under FEMA-1044-DR-CA. The Town is requesting $152,034 for the replacement of base material and pavement of 1,245 feet of Brooks Road.

Following the winter storms of January 1995, the inspection team wrote DSR 75636 under FEMA-1044-DR-CA for $152,034 to replace the base material and pavement along 1,245 feet of Brooks Road. Upon review, FEMA determined that the damage to the road was not disaster related and reduced the DSR to $0. The same road was flooded during the subsequent DR-1046 event in March 1995. At the request of the applicant, an inspection team revisited the site and prepared DSR 37679 under FEMA-1046-DR-CA for $18,160 to repave the affected section of Brooks Road. The inspection team limited eligible work to paving the road because it determined that the base material was not damaged during the disaster. The Federal, State and local inspectors concurred on the latter scope of work.

Although FEMA approved DSR 37679 to repair eligible damage to Brooks Road, the applicant appealed DSR 75636. The Regional Director denied the appeal because the record indicated that the road was in poor condition prior to the disaster and there was no documentation that the road was maintained. Therefore, the condition of the road could not be attributed to the disaster. We have reviewed the information submitted with the appeal and have determined that the scope of work approved under DSR 37679 was adequate to restore the pre-disaster condition of Brooks Road. Therefore, I am denying the second appeal of DSR 75636.

Please inform the applicant of my determination on this appeal. 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

cc: Ray Williams
Acting Regional Director
FEMA Region IX