Appeal Summary | Appeal Letter | Appeal Analysis | Back
Second Appeal Summary
PA ID# 083-93712; Town of South Boston
DSR ID# 43402, 43405, 43406, & 43410; Drainage Structure Damages
Citation: FEMA-1135-DR-VA; Town of South Boston (the Town); DSR's 43402, 43405, 43406 & 43410
Reference: Flood control work, Eligible cost and permanent restoration.
Summary: In the fall of 1996, rain events originating from hurricane Fran caused significant flooding in the Town of South Boston, Virginia (the Town). As a result of this flooding, damages were sustained to several drainage structures within the Town. Four separate DSR's are involved in this appeal.
DSR# 43402 details damages to a culvert that sustained erosion of supporting material. Concurrence was initially made, but now the applicant would like additional funding to improve the site. The applicant neglected to incorporate approved hazard mitigation measures, and requests additional funding for unidentified hazard mitigation. The first appeal was denied stating there was no basis for such an appeal. DSR# 43405 details damages to a 15-inch sewer line. Floodwaters scoured the support material and toppled three support pillars. Reimbursement was supplied to repair the site to pre-disaster condition, however, the applicant wishes to incorporate major improvements and or relocate the facility, stating that the current configuration will continue to sustain damages. The first appeal was denied on the basis that the improvements were not cost effective. DSR# 43406 details damages to an existing catch basin and culvert system. During the initial site inspection, the Town and State representatives agreed that all of the damages incurred at this site were the result of a pre-disaster event, and therefore deemed ineligible. The first appeal was denied on the basis that the damages were incurred prior to the declared incident. DSR# 43410 details damages to a privately owned, non-maintained, abandoned railroad embankment. Even though the Town has obtained a right of entry permit, the permit does not transfer legal ownership to the town, nor does it allow for maintenance to the abandoned embankment. This first appeal was denied because the applicant is not responsible for the private property.
Issues: Are subgrantee's claims for additional funding eligible for reimbursement with regard to FEMA code and regulations?
Findings: No. The Town of South Boston has failed to meet eligibility requirements in several areas, including legal ownership and responsibility of damaged sites, requesting reimbursement for damages not incurred during the declared incident period, and requesting "non-cost effective" improvements and or relocation of a damaged site.
Rationale: Work must be disaster related and legal responsibility of the applicant.