Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 000-U7AM3-00; PA Fish & Boat Commission
PW ID# 5324; Dutch Fork Dam
FEMA-1557-DR-PA; Pennsylvania Fish and Boat Commission, PW 5324, Dutch Fork Dam
Codes and Standards, Pre-Disaster Condition Reference:
As a result of Hurricane Ivan (FEMA-1557-DR-PA), the Pennsylvania Fish and Boat Commission (Applicant) submitted a request for funding for the replacement of the destroyed spillway at the Dutch Fork Dam. FEMA approved Project Worksheet (PW) 5324 on June 17, 2005, for $342,108 which funded the demolition, excavation, and replacement of the damaged concrete spillway. On September 16, 2005, the Applicant submitted a first appeal asserting that the Pennsylvania Department of Environmental Protection (DEP) will not permit the repair of the spillway without upgrading and replacing the entire dam to bring it into compliance with current dam safety standards. The Applicant argued that the dam qualifies for replacement under FEMA’s “50% Rule” and requested additional funding based on its estimate of $3.2-$4 million to upgrade the dam. FEMA denied the Applicant’s first appeal on January 11, 2006, stating that only the spillway was damaged, not the actual dam. Therefore, the dam was not eligible for replacement. The Applicant filed a second appeal with FEMA on March 27, 2006.
(1) Is the additional work required to restore the facility to pre-disaster condition?
(2) Are the upgrades to the facility required by a standard which was enforced during the time it was in effect?
44 CFR §206.226