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Second Appeal Brief
PA ID# 163-015Q4; Sampson County
PW ID# 2120; Plainview Elementary School
Citation: FEMA-1292-DR-NC, Sampson County, Plainview Elementary School, PW 2120
Cross Reference: Eligible facility, Facility under construction, legal responsibility, improved natural feature
Summary: Rain associated with Hurricane Floyd raised the water table to 0-2 feet of the surface at the site of the proposed Plainview Elementary School. The saturated soil increased site development cost by $271,000. Sampson County (Applicant) sought reimbursement from FEMA stating that the "facility" was damaged by the hurricane and it was responsible for the cost. The field staff denied the Applicant's request because it determined that the site was unstable prior to the disaster. The Regional Director sustained this decision on first appeal, stating that an eligible facility did not exist at the site. In the second appeal, the Applicant states it had signed a contract for the new school and work had begun at the site. Therefore, the facility was under construction and damages caused by the disaster were eligible under the Public Assistance Program.
Issue: Was the proposed site of the new school an eligible facility?
Finding: No. The site was an unimproved natural feature.
Rationale: 44 CFR