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Second Appeal Brief
PA ID# 055-36060; Town of Kitty Hawk
PW ID# 12; Oceanfront Beaches
Citation: FEMA-1490-DR-NC, Town of Kitty Hawk; Scope of Work , PW #12
Cross-reference: Time Extension
Summary: As a result of Hurricane Isabel, the Town of Kitty Hawk (Applicant) sustained erosion damage to its oceanfront barrier dunes and protective berms. The erosion on the dunes and berms left improved property susceptible to storm surge and wave action from a storm of a 5-year or less frequency. Project Worksheet (PW) 12, dated September 28, 2003, provided for 43,000 cubic yards of sand to be placed over three stretches of the Kitty Hawk oceanfront. The volume of sand was determined by evaluating the beach profile during inspections and calculated at approximately 3.0 cubic yards per linear foot (CY/LF). Sand placement and berm shaping were estimated at 43,000 cubic yards at a unit cost of $2.90/CY for a total project cost of $124,700. The Applicants first appeal requested an additional 121,000 cubic yards (164,000 cubic yards, less the 43,000 cubic yards allowed in PW 12) of sand estimated at $350,900 to restore the barrier dune to pre-disaster condition. FEMA denied the appeal on the basis that the appeal was not being filed within 60-days after receipt of the first appeal. The second appeal requests an additional 121,000 cubic yards of sand estimated at $350,900 to restore the barrier dune. The Applicant also requested the work be reclassified from Category B, emergency work, to Category G permanent work, and an extension of the project completion deadline.
Issues: (1) Has the Applicant provided adequate documentation to support an increase to the scope of work?
(2) Should the work be reclassified from Category B to Category G?
(3) Should a time extension be granted?
Findings: (1) Yes. The Applicant has provided supplemental information to partially support its claim for additional volume of sand to restore protective berms at the previously designated locations along the Towns oceanfront. Therefore, we recommend funding an additional 54,122 CY of sand at $2.90/CY for a total funding increase of $156,954.
(2) No. The project is properly categorized as emergency work.
(3) Yes. The Applicant provided justification of extenuating circumstances for a time extension
Rationale: 44 CFR §206.225, 44 CFR §206.226