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Second Appeal Letter
PA ID# 013-UF8CL-00; Bridgeport Exempted Village School District
PW ID# 1136; Eligibility of Sod Replacement
May 18, 2006
Ms. Nancy J. Dragani
Ohio Emergency Management Agency
2855 West Dublin-Granville Road
Columbus, OH 43235-2206
Re: Second Appeal Bridgeport Exempted Village School District;
PA ID #013-UF8CL.00; Eligibility of Sod Replacement;
Dear Ms. Dragani:
This letter is in response to the referenced second appeal submitted by the Bridgeport Exempted Village School District (Applicant) on September 15, 2005, transmitted by your letter dated October 11, 2005. The Applicant is appealing the Federal Emergency Management Agencys (FEMA) denial of funding for the replacement of sod on its athletic fields.
FEMA prepared Project Worksheet (PW) 1136-0 in the amount of $37,605 to fund repairs to the eroded portions of the Applicants athletic fields. The replacement of sod was not deemed eligible work pursuant to FEMA Recovery Division Policy # 9524.5, Trees, Shrubs, and Other Plantings Associated with Facilities, which makes sod replacement eligible only when necessary to stabilize a slope and minimize sediment runoff.
In its first appeal, submitted to your office on April 6, 2005, and transmitted to FEMA by your letter dated May 10, 2005, the Applicant argued that the replacement and top dressing of sod was necessary to restore the fields to their pre-disaster condition and to prevent future erosion. On July 22, 2005, FEMA denied the Applicants request for reimbursement of sod replacement, pursuant to Recovery Division Policy #9524.5, but granted the Applicants request for $23,970 in funding for top dressing of damaged areas with a layer of sand and compost.
In its second appeal, dated September 15, 2005, the Applicant argues that Recovery Division Policy #9524.5 contradicts federal law and FEMA regulations that provide reimbursement for repair and restoration of an eligible facility to its pre-disaster design and function. The Applicant is requesting the approval of $51,556 of funding for sod replacement because sod is necessary to restore the facility to its pre-disaster function.
Recovery Division Policy #9524.5, Trees, Shrubs, and Other Plantings Associated with Facilities, limits the eligibility of grass and sod to circumstances where such measures are necessary to stabilize slopes and to minimize sediment runoff. The replacement of sod on the Applicants athletic fields, which are relatively level, does not meet the eligibility criteria envisioned in the subject policy. Accordingly, the Applicants appeal is denied.
Please inform the Applicant of my decision. This determination constitutes the final decision of this matter pursuant to 44 C.F.R. § 206.206
Acting Director of Recovery
Federal Emergency Management Agency
cc: Edward G. Buikema
FEMA, Region V