Summary: As a result of the 1995 severe storms, tornadoes and flooding, the applicant's Community Correction Center facility sustained considerable flood damages to the building and its contents, particularly within the building's basement that mainly housed the kitchen area, food commissary rooms and the prison laundry. FEMA prepared ten Damage Survey Reports (DSRs); one Category A ($19,406), one Category B ($307,314) and eight Category E ($7,181,696). The existing Community Correction Center and its surrounding property are located in the 100-year floodplain. In September 1995, the applicant submitted a Hazard Mitigation Proposal (HMP) in the amount of $1,604,700 for construction of a replacement facility for the kitchen in the adjacent parking lot area, raising the new facility above the base flood elevation. FEMA regional staff apparently misplaced the HMP request. The applicant proceeded with the work prior to receiving a response to the request. It was not until project closeout in November 1997, that FEMA became aware that the new building construction was performed. FEMA then considered the HMP but denied funding on the basis that the applicant proceeded with the work without providing FEMA the opportunity to complete an environmental review as required by NEPA. The applicant submitted a first appeal asserting that they were never notified of the NEPA review requirement. The Regional Director denied the appeal due to the failure to complete the NEPA review. The applicant's second appeal asserts that the work performed did not mandate a NEPA review and that all pertinent environmental laws and regulations were considered and adhered to when applicable.
Did the project require a NEPA review?
Is the work eligible for Hazard Mitigation funding?
Yes. The project involved new construction within the 100-year floodplain and required a NEPA review.
No. The applicant proceeded with the work prior to FEMA having the opportunity to complete a NEPA review. Therefore, the work cannot be funded.
Rationale: 44 CFR Part 10 NEPA Regulations, Executive Order 11988