Sewer Lines & Railroad Embankments

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1135-DR
ApplicantTown of South Boston
Appeal TypeThird
PA ID#000-00000
PW ID#43405,43410
Date Signed1999-06-01T04:00:00
PURPOSE: To obtain signature on the letter to the Virginia State Coordinator partially approving DSR 43405 and denying DRS 43410 in the third appeal.

DISCUSSION: In the aftermath of the September 1996 storms and floods (FEMA-1135-DR-VA), FEMA wrote a number of DSRs for the Town of South Boston for various actions. DSR 43405 was written for $1,640 to replace 3 toppled concrete supports on which a sewer line crossed a stream. The Town appealed the DSR amount because it attested that it could not repair the damage in place and had re-routed the sewer line at a cost of $21,407. The region and the Executive Associate Director denied the previous appeals because the scope of work undertaken was not eligible. This third appeal again requests the increase in funding. It is clear that the applicant performed an improved project and FEMA will authorize applying the approved funds to that project. Also, the cost of the eligible work was reassessed at $5,415. Therefore, an additional $3,775 is due to the applicant. DSR 43410 was written for $31,998 to fill an old railroad embankment, which did not belong to the applicant. The DSR was determined to be ineligible. FEMA's determination remains unchanged.

RECOMMENDED ACTION: Sign the letter denying the applicant's third appeal.

Appeal Letter

June 1, 1999

Mr. Michael M. Cline, State Coordinator
Commonwealth of Virginia
Department of Emergency Services
10501 Trade Court
Richmond, Virginia 20236

RE: Third Appeal - Town of South Boston, Sewer Lines/Railroad Embankment FEMA-1135-DR-VA; DSRs 43405, 43410.

Dear Mr. Cline:

This is in response to the referenced July 6, 1998, third appeal. The second appeal was denied by the Executive Associate Director on February 23, 1998, because the scope of work described in the DSRs did not meet the Federal Emergency Management Agency's (FEMA's) eligibility criteria. The applicant attested that it received from your office a time extension to July 7, 1998, to submit this appeal. The Town of South Boston is requesting that funding under DSR 43405 be increased from $1,640 to $20,061 to cover the cost of the work it performed in relocating the pipeline, and that DSR 43410 be approved for $16,450 to repair the Railroad Embankment.

DSR 43405 - Sewer Lines Repair

The Executive Associate Director denied the second appeal because the work the applicant performed in relocating the pipeline did not meet FEMA's eligibility criteria. The work clearly was an improvement over restoring the facility to its design as it existed prior to the disaster. Although the applicant did not receive your approval to undertake an improved project, FEMA can, however, retroactively approve such an improvement subject to the funding limitation in 44 CFR 206.203(d)(1). These regulations stipulate that funding shall be limited to the federal share of the approved estimate of eligible costs. I have reviewed the eligible scope of work and have determined that the repair cost is $5,415. Accordingly, I am authorizing an increase of $3,775 under DSR 43405 to adjust the funding. A revised breakdown of the eligible cost is as follows:

1. Remove 3 CYs concrete @ $45/cy - $135
2. Replace 3 EA concrete piers @$1,000 ea - $3,000
3. Place 13 CYs riprap @ $60/cy - $780
4. Water pollution control measures LS - $1,000
5. Permits, design, inspection LS - $500
Total - $5,415
Less previous obligation - $1,640
Due on DSR $3,775

By copy of this letter I am requesting the Regional Director to make the necessary adjustment to implement my determination.

DSR 43410 - Repair Railroad Embankment

I have reviewed the information submitted with the third appeal, as well as our response to your second appeal (copy enclosed). I have concluded that the Executive Associate Director's decision on the second appeal is consistent with program statute and regulations. The determination was that the embankment belonged to the Norfolk Southern and Western Railroad Company and that the Town of South Boston did not have legal responsibility for its repair. Therefore, I am denying the third appeal.

Please inform the subgrantee of my determination. This is the third and final appeal provided for pursuant to 44 CFR 206.206.

Sincerely,

/S/

James L. Witt Director
Enclosure

cc: Rita A. Calvan
Regional Director
FEMA Region III
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