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Second Appeal Brief
PA ID# 005-99005-00; Amador County
PW ID# Project Worksheet 817; Carbondale Road
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 Applicants 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:
44 CFR §206.223 (a)(1)