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Mitchell D. Doht, PE Quality Management Engineer NDOR – Local Projects Division 402-479-4432 1
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Purpose & Definitions Program Overview Application Process Roles & Responsibilities Emergency vs. Permanent Repairs Eligible & Ineligible Items Detailed Damage Inspection Report Federal Requirements Pictures and Contacts Questions 2
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Purpose & Definitions 3
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23 USC 125(a) ◦... repair or reconstruction of highways, roads, and trails...that have suffered serious damage... 4 [Pg. 1-3]
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23 USC 125 (a) (cont.) ◦...result of (1) natural disaster over a wide area such as by floods, hurricanes,... ◦...or (2) catastrophic failures from any external cause... 5 [Pg. 1]
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23 CFR 668.103(f) ◦...sudden and unusual natural occurrence... which cause serious damage. 6
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23 CFR 668.103(b) ◦...sudden failure of a major element or segment of the highway systems due to an external cause. ◦...not be primarily attributable to gradual and progressive deterioration... 7
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Program Overview 8
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Non Federal-aid highways Covering all repairs Relieving maintenance responsibilities of Federal-aid recipients ◦ Heavy maintenance Note: Economic hardship is not a factor for eligibility FEMA may cover ER ineligible costs 11 [Pg. 7]
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Application Process 12
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Governors Proclamation or President’s Declaration Letter of Intent by NDOR FHWA Acknowledgement Disaster Assessment – leading to a Damage Summary Report FHWA Eligibility Finding by the NE Division Office (Division Administrator) Funding Approval by FHWA Headquarters 13 [Pgs. 32 -34] [Pgs. 65 – 67]
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Roles & Responsibilities 14
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Early agency coordination is Critical NDOR has the lead role for ER Program Coordination 15 FEMA/NEMA FHWA Utilities NDOR EPA/ACOE/FWS LPAs [Pgs. 40 – 41]
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Identify Federal-aid Routes Identify Damage Sites Request Emergency Relief Funding Complete Emergency Repairs on State Highways Participate on Detailed Damage Inspection Teams Administer Permanent Repair Projects Coordinate LPA Permanent Repair Projects 16
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Reporting of Natural Disasters and Catastrophic Failures Participates on site inspection teams to verify extent of damages and determine eligibility of repairs 17
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Help to Identify Federal-aid Routes Identify Damage Sites Complete Emergency Repairs on Federal-aid Routes Coordinate with State Highway Contacts Participate on Detailed Damage Inspection Teams Administer Permanent Restoration Projects 18
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Emergency vs. Permanent Repairs 19
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23 CFR 668.109(b)(4) Minimize extent of damage Protect remaining facilities Restore essential traffic Incidental Permanent Repairs 180 day limit/100% Timely “prompt” repair 20 [Pgs. 22 – 24]
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Emergency Repairs ◦ PE and/or CE as Properly Documented ◦ Temporary Operations ◦ Incidental Permanent Repairs Requires FHWA Prior Approval and is Not reimbursable at 100%, but at a pro-rata share 21 [Pg. 22]
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Documentation
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23 CFR 668.109(b)(1) Restoring Highway to Pre-disaster Condition Requires Prior FHWA Approval and Authorization Normal FHWA Procedures are Required Pro-rata share ◦ 80/20 or 90/10 23 [Pgs. 24 - 31]
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Permanent Repairs ◦ Normal Federal-aid procedures ◦ PE and/or CE as Properly Documented ◦ ROW Activities ◦ Environmental Clearance (NEPA) ◦ Time Extensions 24 [Pgs. 24 – 31]
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Eligible & Ineligible Items 25
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Engineering and ROW Detours* Traffic Damage* Overlays Raising Grades Slides Work on Active Construction Projects 26 [Pgs. 10 - 20]
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Officially Designated by Highway Official Could Apply to non- Federal-aid highway Pre-disaster Survey Restore to Pre-disaster Condition 27 [Pgs. 6 – 7 ]
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Traffic Control Devices Landscaping Roadside Appurtenances Timber and Debris Removal Transportation System Management Strategies Features Resulting from the NEPA Process Outside of Highway ROW 28 [Pgs. 5 - 18]
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NO Local Roads NO Rural Minor Collectors Use Functional Classification Maps http://www.nebraskatransportation.org/maps/ 29 [Pg. 6]
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Heavy Maintenance Damage Estimate under $5,000 Traffic Damage* Frost Heaving Applicant Owned Material Erosion Damage Prior Scheduled Work ◦ If project already in approved STIP or TIP 30 [Pgs. 20 - 22]
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In general, ineligible for ER Funds Three exceptions: ◦ Any public roads, responding vehicles making repairs ◦ Any public roads, officially designated detour ◦ Any Federal-aid highway, vehicles responding to a disaster 31 [Pgs. 7 - 8]
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Mine/Underground Subsidence Snow and/or Ice Removal Emergency/Medical Transportation Services Mitigation/Preventive Work Prior to Disaster Catastrophic Failure from Internal Cause Pavement Damage Pre-existing Conditions 32 [Pgs. 18 - 21]
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Detailed Damage Inspection Report (DDIR) 33
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FHWA/State/Local Representatives May Include Specialists: ◦ Geotech ◦ Hydrologist ◦ Biologist ◦ Cultural Specialist ◦ Structures ◦ R-O-W Specialist ◦ Environmental Generalist ◦ FEMA and/or NEMA Representatives 34
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Estimate only* Provides a basis for allocation of funds Actual cost will be reimbursed Prior Approval for Revised DDIR 35 [Pgs. 42 - 43]
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1.Damage due from event 2.Maintenance 3.Heavy Maintenance 4. Pre-existing condition 5. Damage on FHWA eligible route 6. Damage meets FHWA dollar threshold $5,000 or greater per site
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Federal-aid Highway Route Number Specific Location (Beginning and Ending Limits) Nature and Extent of Damage ADT Emergency Repair (ER) Permanent Repair (PR) Environmental Determination (NEPA) Method of Work 38 [Pg. 69]
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Cost Estimates (L x W x H) & Expenditures to Date FHWA/State Recommendation State and/or Local Agency Concurrence Sketch of the Site and Required Photos (Digital) Calculations Investigation Reports Miscellaneous FHWA Approvals TIME WINDOW ◦ DDIRs generally Completed/Submitted within 6-10 weeks 39
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Eligible route Scope of damage and repair (ER and/or PR work) Coordination with other agencies (NEPA determination) Supporting documentation ◦ Sketches with measurements Maps & required pictures ◦ Minimum of one photo per site 40
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Federal Requirements 41
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42 FHWA NEPA PROCESS ER program must comply w/NEPA ROW acquisition (temp/perm) must follow Uniform Act ER: Categorical Exclusion (CE) w/coordination PR: Typically Categorical Exclusion w/exceptions Betterments Bridge Work Any impacts affecting resources [Pgs. 60 - 61]
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All Fed-Aid rules apply to contracts (ER & PR) ◦ Advertisement period ◦ Innovative Contracting Methods ◦ Davis-Bacon Labor Rates ◦ Disadvantaged Business Enterprises (DBE) ◦ Americans with Disabilities Act (ADA) ◦ Buy America (steel) ◦ NO convict labor Design Standards (NDOR required) Environmental NEPA Issues/Process 43
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Pictures and Contacts 44
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45 Summer 2002, I-80 Near Ogallala
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46 Summer 2002, I-80 Near Ogallala
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47 Summer 2003, I-80 Near Big Springs
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48 Summer 2003, I-80 Near Big Springs
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49 More Common Example
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NDOR ◦ Kendall Tonjes – State System Phone – 402 -479-4386 Email Kendall.Tonjes@nebraska.gov ◦ Mitch Doht – Local System Phone – 402-479-4432 Email Mitch.Doht@nebraska.gov FHWA ◦ Frank Rich Phone – 402 742-8479 Email frank.rich@dot.gov ◦ Kirk Fredrichs Phone – 402 742-8469 Email kirk.fredrichs@dot.gov
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