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Second Appeal Brief
PA ID# 710-57000-00; City of Norfolk
PW ID# 338; Emergency Protective Measures
Citation: FEMA-1491-DR-VA; City of Norfolk, Project Worksheet (PW) 338
Cross-reference: Emergency Protective Measures
Summary: Hurricane Isabel affected the City of Norfolk (City) on September 19, 2003. Dune erosion and washouts occurred along the Citys Chesapeake Bay Beach as a result of the storm. The Federal Emergency Management Agency (FEMA) obligated PW 338-0 on November 8, 2003, for $209,530 to place emergency sand berms at six sites to either protect improved public property from a five-year storm or to replace the pre-storm profile of the protective dune field, whichever was less. The City submitted its first appeal on December 2, 2003, written by its consulting engineers to award grant funding of $8,411,258 for placing 378,000 cubic yards of sand along the entire 7.3 miles of shoreline. The City later reduced its claim to $4,439,000 because it already had a proposal and funding to restore the beach prior to the storm. FEMA requested additional information from the City on February 2, 2004, and April 6, 2004 in order to analyze the first appeal. FEMA received all of the requested information on July 2, 2004. Based on another field visit, FEMA partially approved the appeal, obligating PW 338-1 for $28,750 to place emergency sand berms at two additional sites. The FEMA Region III Acting Regional Director denied the remainder of the appeal on
December 10, 2004, because it was a request to build an engineered dune system that did not previously exist. Also, the amount of work previously authorized provided the limits of emergency protection allowed under the Public Assistance Program. The City submitted its second appeal on February 28, 2005, for $4,439,000 to permanently repair 7.3 miles of shoreline or $1,288,663 to place 46,940 cubic yards of sand at nine sites using the Kriebel method of sand volume calculation. The Virginia Department of Emergency Management supports the Citys appeal for $1,288,663.
Issues: Is the additional volume of sand eligible for reimbursement?
Findings: No. The volume of sand requested by the City provides a greater level of protection than the five-year flood event allowed under the Public Assistance Program.
Rationale: 44 CFR §206.225