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Second Appeal Brief
PA ID# 135-55546-00; City of Roseau
PW ID# 1042; Library and Museum
Citation: FEMA 1419-DR-MN; City of Roseau; Project Worksheet 1042
Cross-reference: Pre-Disaster Conditions
Summary: From June 9 through June 28, 2002, the Roseau River caused widespread flooding
within the City of Roseau. The Citys Library and Museum (Library), located within the 100-year floodplain and floodway of the Roseau River, was inundated with six inches of water. The Project Worksheet (PW) noted damages to the interior and exterior walls, façade, and minor erosion. Initial estimates identified $109,624 in eligible building and contents damage. However, eligible assistance was reduced to $38,825 to reflect the maximum amount of insurance proceeds that would have been received had the City maintained full coverage on the structure and contents. In the first appeal the City identified additional damages that would result in a substantial damage determination and trigger floodplain ordinance compliance requirements, making the structure eligible for replacement in kind. Based on a re-inspection of the facilities by FEMA and the State, FEMA notified the City that the Library was found to be eligible for an additional $228,147 in damages. Again, the eligible assistance was reduced to $35,052 to reflect the maximum amount of insurance proceeds that would have been received had the City maintained full coverage on the structure and contents. The total amount of eligible assistance was revised to $73,877. The City submitted a second appeal, which was not supported by the State because erosion was an ongoing problem that was further made worse by the 2002 flood. The City asserted that the Library is at risk of significant structural damage due to disaster related destabilization of the riverbank. The City requests that we accept their estimates of damages, which would effect a determination of substantial damage and the replacement of the structure in kind.
Issues: 1. Is there an immediate threat?
2. Is the Library substantially damaged?
3. Did some of the damages in question exist prior to the disaster?
Findings: 1. No.
Rationale: 44 CFR § 206.221 (c); Section 1304 of the National Flood Insurance Act of 1968 (b) (2), as amended, 44 CFR § 60.3, and local floodplain ordinances; 44 CFR § 206.223 (a)(1)