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Second Appeal Brief
PA ID# 015-99015-00; Mohave County Public Works
PW ID# 111; Beach Drive Asphalt Repair
Citation: FEMA-1888-DR-AZ, Mohave County Public Works, Beach Drive Asphalt Repair, Project Worksheet (PW) 111
Reference: Pre-Disaster Condition, Roads
Summary: Flooding from a January 2010 winter storm damaged a half mile section of Beach Drive in Topock, Arizona. An Arizona Department of Emergency Management (ADEM) Project Specialist prepared PW 111 for removal of 1,583 tons of sand and replacement of 4,299 square yards of asphalt. Local residents claimed that 70% of the damage was from a flood in 2005 that was left unrepaired by the Mohave County Public Works (Applicant). Based on those conversations, the Project Specialist included only 30% of the cost of asphalt replacement, thereby reducing the total eligible project cost from $70,323.21 to $37,873.21. In the first appeal, the Applicant claimed that the declared event caused all of the claimed damage and that there was no evidence of undue stress to the 19 year old road surface prior to the disaster. The Applicant submitted Google Street View images to show that the road showed no signs of pre-disaster flood damage. ADEM contended that the images must be from before 2005, because a residence that the residents said was under construction during the 2005 flood was not present in the image. The Regional Administrator noted cracks in the asphalt in the images of the road surface and agreed that the absence of the structure indicated that the photos must have been taken prior to the 2005 flood. In accordance with the Title 44 CFR §206.223(a)(1), General work eligibility, requirement that eligible work must be the result of the major disaster event, the Regional Administrator denied the appeal. While the Applicant conceded in the second appeal that there was some surface cracking consistent with a 19 year old surface that has a 20+ year design life, it reiterated that the entirety of flood damage resulted from the declared event. ADEM did not support the appeal, and insisted that the pictures were taken prior to the summer of 2005. Google Street View, deployed in 2007, shows that the images were taken in January 2008, and the Mohave County issued a certificate of occupancy for the residence in question on September 15, 2009. The images showing the condition of the road before the declared event show that there was no pre-existing flood damage to the road.
Issue: Does the submitted documentation demonstrate that the damage resulted from the declared event?
Rationale: 44 Code of Federal Regulations (CFR) §206.223(a)(1), General work eligibility.