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Second Appeal Letter
PA ID# 147-UW6CY-00; Grifton Community Fire Association
PW ID# 2110; Additional Costs
June 10, 2004
Ms. Mary L. Canty
Alternate Governors Authorized Representative
North Carolina Division of Emergency Management
4716 Mail Service Center
Raleigh, North Carolina 27699-4716
Re: Second Appeal, Grifton Community Fire Association, PA ID 147-UW6CY-00, Additional Costs, FEMA-1292-NC, Project Worksheet (PW) 2110.
Dear Ms. Canty:
This is in response to your January 15, 2004, letter forwarding the referenced second appeal on behalf of the Grifton Community Fire Association (hereafter referred to as the Association). The Association disputes the Federal Emergency Management Agencys (FEMA) denial of $33,614 in additional costs that were presented at the States final inspection.
The Association experienced damage to its fire station and equipment from Hurricane Floyd in September 1999. At the time of the final inspection on September 17, 2002, the Association presented $99,556, in additional damages. FEMA initially disallowed the costs because neither the items or supporting documentation were provided, nor were these new items identified to FEMA within a reasonable amount of time.
On July 22, 2003, the State forwarded the Associations first appeal, dated May 14, 2003, to FEMA. The State supported the appeal because the damages were not discovered until the fire station was restored in early 2001. The appealed amount had been reduced to $33,614, for a thermal imaging camera, custom reel unit, clothes washer and dryer, hose dryer, and an 18-inch fan. Also included was an affidavit certifying that the Association owned the items prior to the disaster, the items were damaged, and all supporting documentation was destroyed by the disaster.
FEMA denied the appeal on September 13, 2003, stating that although the Association may have been aware of the damages one year after the disaster, it did not notify the grantee or FEMA of the change in scope of eligible work and need for additional funds as required by 44 CFR § 206.204(e). The additional costs were not presented to FEMA until approximately three years after the PW was written.
On February 2, 2004, the State forwarded the Associations second appeal dated
December 19, 2003. Along with the second appeal the Association submitted undated copies of photos of the thermal imaging camera that was damaged in the disaster, as well as its replacement. The letter accompanying the photos indicated the camera, and paperwork on the camera, had been disposed of along with other damaged items.
The Association should have notified the State and FEMA of the additional damages during the execution of approved work as required by 44 CFR § 206.204(e). The Association may have been aware of the damages one year following the disaster; however, it waited until project closeout, a year and a half later, to notify the State and FEMA of new damages that would have expanded the scope of repairs to the building equipment.
Three years beyond the disaster declaration is an unreasonable amount of time to allow applicants to identify new damages. Based on the above, there is no basis for granting the appealed costs. Therefore, I am denying the appeal.
Please inform the County of my decision. My determination constitutes a final decision of this matter pursuant to 44 CFR § 206.206.
Daniel A. Craig
Emergency Preparedness and Response
cc: Mary Lynn Miller
Acting Regional Director
FEMA Region IV