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Second Appeal Brief
PA ID# 003-26992-00; City of Foley
PW ID# 626; Debris Removal
Citation: FEMA-1549-DR-AL; City of Foley, Debris Removal, PW 626
Cross-reference: Debris Removal, Immediate Threat, Improved Property
Summary: High winds caused the generation of vegetative debris in Wolf Bay Park and the Foley Industrial Park areas. The quantity of debris removed from these areas was 15,205 cubic yards at a cost of $235,679. FEMA prepared Project Worksheet (PW) 626 to capture eligible citywide debris removal costs but found that the debris removed from these sites was ineligible because the sites were unimproved land. PW 626 was obligated on March 6, 2005 in the amount of $1,732,147.25. The Applicant submitted a first appeal purporting that the debris removal was necessary to prevent remaining trees from being infested by beetles, to eliminate an immediate threat to public health and safety, and to ensure the economic recovery of the community. The Applicant also contended it was not advised of the ineligibility of debris removal costs at the site in a timely manner. The Acting Regional Director denied the first appeal citing that the debris was removed from a natural, unimproved area. The Applicants second appeal made the same request as the first appeal and included no additional supporting documentation.
Issues: (1) Does preventing beetle infestation on remaining trees meet the eligible criteria for debris removal?
(2) Was the debris removal necessary to eliminate an immediate threat to life and property?
(3) Was the debris removal necessary to ensure the economic recovery of the affected area to the benefit of the community at large?
Findings: (1) No, damage to remaining trees as a result of beetle infestation does not constitute an immediate threat to life, public health and safety, or damage to improved public or private property.
(3) No, the Applicant has not demonstrated that the debris was located in improved areas or that it presented an immediate threat.
(5) No, there is no indication that the community at large would have suffered economically from the presence of the debris.
Rationale: 44 CFR §206.224