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Road Ditch and Damage
Appeal Brief
Appeal Letter
Citation: FEMA-1606-DR-TX, Jefferson County, PWs-3510, 3512, 3514,3515, 3517, 3520, 3533, 3535, 3539, 3552, and 3554
Summary: As a result of heavy rains and flooding associated with Hurricane Rita from September 23, 2005, through October 14, 2005, the Applicant, private contractors and the U.S. Army Corps of Engineers (USACE) removed over two million cubic yards of disaster-related debris from the county. The Applicant claimed that the disaster and heavy equipment used in the debris removal operations damaged several roads and associated ditches in the county. FEMA prepared seven Project Worksheets (PWs) totaling $965,171. The affected roads were McDermand, Tram, South China, Moore, Thompson, Old Sour Lake and Walden.
Upon review of the PWs and prior to obligating funds, FEMA re-inspected five project worksheet sites. Based on the second inspection, FEMA modified the scope of work and reduced project costs for the five previously inspected sites to $107,102. The second inspection also identified road damage at two additional locations on Tolivar and Pine Island roads and FEMA prepared PWs for $66,353. In June 2006, at the Applicants request, a FEMA/State team re-inspected road and ditch damages as well as inspected roadway ditches at 30 additional sites in Precinct #1 in Jefferson County. FEMA subsequently prepared 11 PWs for $1,884,371. However, FEMA obligated $5,085 for road repairs for two sites listed under PW 3510 on McDermand Road and denied funding totaling $1,879,286 for the remaining 10 PWs, because it determined that the road and ditch damage was pre-existing, not disaster-related. Further, the ditch debris and weed and grass growth indicated deferred maintenance. In its first appeal, the Applicant stated that County roads were not designed to handle the heavy equipment used to remove debris. The Applicant claims that County roads and road ditches were properly maintained and in good condition prior to Hurricane Rita. FEMA denied the appeal on June 14, 2007, because it was determined that the appeal documents did not support the Applicants claim that road and ditch damage was caused by the road debris clearing and clean up efforts. The Applicant submitted its second appeal on August 25, 2007, reiterating its position and submitted additional documents. The new information presented with the second appeal is the same information submitted with the first appeal.
Issues: Is the claimed road and ditch damages and ditch debris a direct result of debris removal work and eligible for Public Assistance?
Findings: No.
Rationale: 44 CFR §206.223(a)
Appeal Brief
| Desastre | FEMA-1606-DR |
| Applicant | Jeffeson County |
| Appeal Type | Second |
| PA ID# | 245-99245-00 |
| PW ID# | Project Worksheets 3510, 3512, 3514, 3515, 3517, 3520, 3533, 3535, 3539, 3552, and 3554 |
| Date Signed | 2008-09-29T04:00:00 |
Summary:
Upon review of the PWs and prior to obligating funds, FEMA re-inspected five project worksheet sites. Based on the second inspection, FEMA modified the scope of work and reduced project costs for the five previously inspected sites to $107,102. The second inspection also identified road damage at two additional locations on Tolivar and Pine Island roads and FEMA prepared PWs for $66,353. In June 2006, at the Applicants request, a FEMA/State team re-inspected road and ditch damages as well as inspected roadway ditches at 30 additional sites in Precinct #1 in Jefferson County. FEMA subsequently prepared 11 PWs for $1,884,371. However, FEMA obligated $5,085 for road repairs for two sites listed under PW 3510 on McDermand Road and denied funding totaling $1,879,286 for the remaining 10 PWs, because it determined that the road and ditch damage was pre-existing, not disaster-related. Further, the ditch debris and weed and grass growth indicated deferred maintenance. In its first appeal, the Applicant stated that County roads were not designed to handle the heavy equipment used to remove debris. The Applicant claims that County roads and road ditches were properly maintained and in good condition prior to Hurricane Rita. FEMA denied the appeal on June 14, 2007, because it was determined that the appeal documents did not support the Applicants claim that road and ditch damage was caused by the road debris clearing and clean up efforts. The Applicant submitted its second appeal on August 25, 2007, reiterating its position and submitted additional documents. The new information presented with the second appeal is the same information submitted with the first appeal.
Appeal Letter
September 29, 2008
Philip Anders
Alternate State Coordinating Officer
Division of Emergency Management
Hurricane COF
5425 Polk Street
Mail Slot O
Houston, TX 77023
Re: Second AppealJefferson County, PA ID 245-99245-00, Road and Ditch Damage,
FEMA-1606-DR-TX, Project Worksheets (PWs) 3510, 3512, 3514, 3515, 3517, 3520,
3533, 3535, 3539, 3552, and 3554
Dear Mr. Anders:
This letter is in response to your letter dated October 23, 2007, which transmitted the referenced second appeal on behalf of Jefferson County (Applicant). The Applicant is appealing the Federal Emergency Management Agencys (FEMA) denial of funding for certain road and ditch repairs and ditch debris removal. The Applicant seeks $3,494,525 for the projects.
As a result of wind, heavy rains and flooding associated with Hurricane Rita from September 23, 2005, through October 14, 2005, the Applicant, private contractors and the U.S. Army Corps of Engineers (USACE) removed over two million cubic yards of disaster-related debris from the county. The Applicant claimed that the disaster and heavy equipment used in the debris removal operations damaged several paved and gravel roads and associated ditches in the county. It requested funding to repair the facilities from FEMA. On April 12, 2006, FEMA prepared seven Project Worksheets (PWs) totaling $965,171 to repair road and ditch damages along the following roads: McDermand, Tram, South China, Moore, Thompson, Old Sour Lake and Walden. Upon review and prior to obligating the PWs, FEMA re-inspected several of the sites along McDermand, Tram, South China, Thompson and Walden roads. Based on the second inspection, which included a State representative, FEMA modified the scope of work and reduced project costs for the five previously inspected sites to $107,102. The second inspection teams prepared two additional PWs for $66,353 to document road damage at two sites on Tolivar and Pine Island roads.
In June 2006, the Applicant requested that FEMA inspect the roads again before obligating the previously prepared PWs. Representatives of FEMA, State and the Applicant re-inspected road and ditch damages along the existing sites as well as 30 ditch sites in Precinct #1. The team inspected McDermand, Tram, South China, Aggie, Tolivar, Moore, Thompson, Old Sour Lake, Pine Island and Walden roads. FEMA prepared 11 PWs totaling $1,884,371. However, FEMA obligated only $5,085 for road repairs for two sites on McDermand Road (PW 3510) and denied funding of $1,879,286 for the remaining 10 PWs. FEMA determined that the road and ditch damage was pre-existing, not disaster-related, and that the ditch debris and weed and grass growth indicated deferred maintenance. On a January 10, 2007, conference call with the State and the Applicant, FEMA informed the parties of
its determination and informed the parties that additional documentation would be necessary to support an appeal. Specifically, FEMA requested relevant road maintenance records.
In its first appeal letter dated February 28, 2007, the Applicant appealed 11 PWs and stated that roads were not designed to handle the heavy equipment used to remove 2.5 million cubic yards of debris. It sought $1,438,289 for repair costs related to nine of the 11 PWs. The Applicant did not include the amounts under appeal for PWs 3535 and 3539. The Applicant claims that certain roads and ditches were properly maintained and in good condition prior to the disaster. To support its appeal, the Applicant submitted information showing that it spent an average of $45,109 per months to maintain roads in District #1 from January 3, 2005 to December 28, 2005. The information also included a list of roads on which the Applicant performed work. On June 14, 2007, FEMA denied the appeal because it determined that the appeal documents did not support the Applicants claim that road and ditch damage was caused by the disaster or debris removal operations.
The Applicant submitted its second appeal on August 25, 2007, requesting project costs totaling $3,494,525, including costs related to PWs 3535 and 3539. The Applicant reiterates its original claim in the first appeal. It submitted schematic maps that showed the damaged road sites, maps of the debris collection sites, and road project spread sheets. The information presented in the spread sheets was the same information the Applicant submitted with the first appeal.
Three different FEMA personnel inspected most of the sites under appeal on separate occasions. Each FEMA technical specialist documented the condition of the facilities and the estimated cost to repair the damage (see enclosure). After each inspection, FEMA determined that the observed damaged was not caused by the disaster or during the performance of eligible emergency work. I have reviewed all information submitted with the appeal and found no compelling reason to overturn the Regional Administrators decision on the first appeal. Therefore, I am denying the second appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
Enclosure
cc: William E. Peterson
Regional Administrator
FEMA Region VI
Philip Anders
Alternate State Coordinating Officer
Division of Emergency Management
Hurricane COF
5425 Polk Street
Mail Slot O
Houston, TX 77023
Re: Second AppealJefferson County, PA ID 245-99245-00, Road and Ditch Damage,
FEMA-1606-DR-TX, Project Worksheets (PWs) 3510, 3512, 3514, 3515, 3517, 3520,
3533, 3535, 3539, 3552, and 3554
Dear Mr. Anders:
This letter is in response to your letter dated October 23, 2007, which transmitted the referenced second appeal on behalf of Jefferson County (Applicant). The Applicant is appealing the Federal Emergency Management Agencys (FEMA) denial of funding for certain road and ditch repairs and ditch debris removal. The Applicant seeks $3,494,525 for the projects.
As a result of wind, heavy rains and flooding associated with Hurricane Rita from September 23, 2005, through October 14, 2005, the Applicant, private contractors and the U.S. Army Corps of Engineers (USACE) removed over two million cubic yards of disaster-related debris from the county. The Applicant claimed that the disaster and heavy equipment used in the debris removal operations damaged several paved and gravel roads and associated ditches in the county. It requested funding to repair the facilities from FEMA. On April 12, 2006, FEMA prepared seven Project Worksheets (PWs) totaling $965,171 to repair road and ditch damages along the following roads: McDermand, Tram, South China, Moore, Thompson, Old Sour Lake and Walden. Upon review and prior to obligating the PWs, FEMA re-inspected several of the sites along McDermand, Tram, South China, Thompson and Walden roads. Based on the second inspection, which included a State representative, FEMA modified the scope of work and reduced project costs for the five previously inspected sites to $107,102. The second inspection teams prepared two additional PWs for $66,353 to document road damage at two sites on Tolivar and Pine Island roads.
In June 2006, the Applicant requested that FEMA inspect the roads again before obligating the previously prepared PWs. Representatives of FEMA, State and the Applicant re-inspected road and ditch damages along the existing sites as well as 30 ditch sites in Precinct #1. The team inspected McDermand, Tram, South China, Aggie, Tolivar, Moore, Thompson, Old Sour Lake, Pine Island and Walden roads. FEMA prepared 11 PWs totaling $1,884,371. However, FEMA obligated only $5,085 for road repairs for two sites on McDermand Road (PW 3510) and denied funding of $1,879,286 for the remaining 10 PWs. FEMA determined that the road and ditch damage was pre-existing, not disaster-related, and that the ditch debris and weed and grass growth indicated deferred maintenance. On a January 10, 2007, conference call with the State and the Applicant, FEMA informed the parties of
its determination and informed the parties that additional documentation would be necessary to support an appeal. Specifically, FEMA requested relevant road maintenance records.
In its first appeal letter dated February 28, 2007, the Applicant appealed 11 PWs and stated that roads were not designed to handle the heavy equipment used to remove 2.5 million cubic yards of debris. It sought $1,438,289 for repair costs related to nine of the 11 PWs. The Applicant did not include the amounts under appeal for PWs 3535 and 3539. The Applicant claims that certain roads and ditches were properly maintained and in good condition prior to the disaster. To support its appeal, the Applicant submitted information showing that it spent an average of $45,109 per months to maintain roads in District #1 from January 3, 2005 to December 28, 2005. The information also included a list of roads on which the Applicant performed work. On June 14, 2007, FEMA denied the appeal because it determined that the appeal documents did not support the Applicants claim that road and ditch damage was caused by the disaster or debris removal operations.
The Applicant submitted its second appeal on August 25, 2007, requesting project costs totaling $3,494,525, including costs related to PWs 3535 and 3539. The Applicant reiterates its original claim in the first appeal. It submitted schematic maps that showed the damaged road sites, maps of the debris collection sites, and road project spread sheets. The information presented in the spread sheets was the same information the Applicant submitted with the first appeal.
Three different FEMA personnel inspected most of the sites under appeal on separate occasions. Each FEMA technical specialist documented the condition of the facilities and the estimated cost to repair the damage (see enclosure). After each inspection, FEMA determined that the observed damaged was not caused by the disaster or during the performance of eligible emergency work. I have reviewed all information submitted with the appeal and found no compelling reason to overturn the Regional Administrators decision on the first appeal. Therefore, I am denying the second appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
Enclosure
cc: William E. Peterson
Regional Administrator
FEMA Region VI