Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 095-99095-00; James City County
PW ID# 2312; Time Limitations
Citation: FEMA-1491-DR-VA; James City County, Project Worksheet (PW) 2312
Cross-reference: Time Limitations; Debris Removal; Legal Responsibility
Summary: High winds associated with Hurricane Isabel resulted in widespread debris throughout James City County (County). Three Homeowner Association (HOA) communities-Fords Colony Community, Kingsmill Community Services Association and Governors Land Foundation-hired contract companies to remove debris from roadways within their respective areas. After being informed that the Federal Emergency Management Agency (FEMA) could not reimburse the three HOAs because they were ineligible applicants, the County submitted three separate projects to claim the HOAs debris removal projects as donated resources. FEMA prepared PW 2312 for $0 on May 3, 2004, to document the situation as not eligible. The County submitted its first appeal on July 16, 2004, claiming that it is an eligible applicant and, as such, is seeking credit for the donated resources to be applied to help offset the non-federal share of its eligible emergency work funding. The FEMA Region III Acting Regional Director denied the appeal because the County was not legally responsible for the debris removal within the three HOA communities and, therefore, cannot claim credit for donated resources associated with the work. The County submitted its second appeal on November 23, 2004, claiming that the work was in the public interest and eligible to be credited as donated resources. However, the Virginia Department of Emergency Management (VDEM) did not submit the appeal to FEMA until March 2, 2005, approximately 30 days past the required 60 day timeframe. VDEM did not make a recommendation on the Countys appeal, which did not have a dollar amount claimed.
Issues: Was the appeal submitted in a timely manner?
Findings: No. VDEM submitted the appeal well past the 60 day regulatory timeframe.
Rationale: 44 CFR §206.206(c)(2)