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Second Appeal Summary
PA ID# 037-52000; Metropolitan Government of Nashville and Davidson County
DSR ID# 15878; Lick Branch Combined (aka Kerrigan) Sewer Line Damage
Citation: FEMA-1215-DR-TN; PA ID 037-52000; DSRs 15878, 63770 and 77103.
Cross-reference: Storm, Flood and Tornado damage; Repairs to the Lick Branch Combined Sewer Line also known as the Kerrigan Sewer Line.
Summary: In the aftermath of the April/May 1998 tornado and storm disaster, the Metropolitan Government of Nashville and Davidson County (Metro) applied for assistance to repair a 16-foot diameter sewer line that sustained damage from the storms. FEMA initially approved DSR 15878 on May 20, 1998, for $403,125 to repair a 150-foot section of the sewer line that sustained damage and to fill a void outside the sewer line. Prior to the disaster, the Metropolitan Water and Sewer Department, the department of Metro responsible for sewage collection and treatment, awarded a contract to Pressure Concrete, Inc., to furnish and install a two-inch thick gunite lining in a 400-foot section of the sewer line just upstream of the section damaged by the disaster (STN 81+00 to STN 85+00). This work was in progress when the disaster occurred. The heavy storm water flow in the sewer during the disaster created a hole on the right side of the sewer line at STN 83+50, which was under repair. Turbulent water flow through this hole developed a void in the soil outside the pipe that continued downstream to the 150-foot section. FEMA approved supplemental DSR 63770 to increase funding to $648,443 to include work to fill the voids created outside the sewer line. Following completion of the applicant's projects, FEMA's Inspector General performed an audit of 14 projects and found that on this project, the applicant performed work on the adjacent 400-foot section of sewer line that was under repair at the time of the disaster. The OIG questioned $108,323. FEMA subsequently deobligated $108,323 on DSR 77103. The applicant appealed the audit and the Regional Director upheld the deobligation. The applicant has submitted a second appeal attesting that FEMA had approved repairing the void in the 400-foot section of the sewer because it developed as a result of the disaster.
Issues: Was the void that was created behind the section of pipe that was under repair at the time of the disaster caused by the disaster? Was the applicant responsible to repair the void?
Findings: (1) Yes. There was no evidence of a void behind the pipe when the Metro completed for repair of the pipe prior to the disaster. (2.) Yes. The scope of work for the existing contact aid not include repairing the void because it did not exist prior to the disaster.
Rationale: 44 CFR 206.223 (a).