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Second Appeal Brief
PA ID# 007-24515-00; Village of Endicott
PW ID# 100; En-Joie Golf Course
Citation: FEMA-1565-DR-NY; Village of Endicott, PW 100
Cross-reference: Golf Course, Grass, Sod
Summary: As a result of Hurricane Ivan (FEMA-1565-DR-NY), the Village of Endicott (Applicant) requested funding for the restoration of the En-Joie Golf Course. FEMA prepared Project Worksheet (PW) 100 on November 18, 2004, to fund the permanent repairs to the golf course. The scope of work in the PW was developed based on contract bid documents provided by the Applicant. The following line items were not included in the final eligible scope of work: General Conditions was deleted because there was no description of the work addressed under General Conditions; Unidentified Irrigation Damage was deleted because there was no apparent damage to the irrigation system; Prep Fairways, Sod Fairways, Prep Rough, and Seed Roughs were deleted because the work was determined ineligible in accordance with FEMA Policy 9524.5. FEMA Policy 9524.5, Trees, Shrubs, and Other Plantings Associated with Facilities, states that the costs associated with grass and sod is eligible only when it is necessary to stabilize slopes and minimize sediment runoff. PW 100 was approved in the amount of $349,408. The Applicant submitted a first appeal stating that the seeding of the roughs and fairways was needed to prevent erosion. The Regional Director denied the Applicants first appeal, stating that the sod and seeding was not required to stabilize slopes or minimize sediment runoff at the golf course. In the Second Appeal, the State, on behalf of the Applicant, contends that FEMA has incorrectly applied FEMA Policy 9524.5. It states that sod is appropriate, but at a minimum, the cost of the seeding required to restore the facility to its pre-disaster design should be considered eligible for FEMA funding.
Issues: (1) Is the grass and/or sod necessary to stabilize slopes or to minimize sediment runoff?
Findings: (1) No.
Rationale: FEMA Policy 9524.5