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Second Appeal Brief
PA ID# 127-58200-00; Town of Ponce Inlet
PW ID# Project Worksheets 3891, 5137, and 6543; Debris Removal
FEMA-1539/1545/1561-DR-FL; Town of Ponce InletCross-reference:
Documentation Requirements, Time LimitationsSummary:
Hurricanes Charley, Frances and Jeanne impacted the Town of Ponce Inlet (Applicant) in August and September 2004 resulting in the President declaring major disasters FEMA-1539/1545/1561-DR-FL. The high winds and heavy rain created significant amounts of vegetative and other wind-blown debris throughout the Town of Ponce Inlet. FEMA prepared Project Worksheets (PWs) 382, 838, 3891, 5137, and 6543 for debris removal costs. However, FEMA denied the Applicants request for $62,014 because trucks were not certified, there were duplicate load tickets, or the load tickets did not have a number or location as to where the debris was picked up. The Applicant submitted its first appeal on September 27, 2005, requesting that FEMA reverse its previous determinations of ineligibility and de-obligations for PWs 383, 838, 3891, 5137, and 6543. The FEMA Regional Director partially approved the first appeal on December 12, 2006, reinstating $22,843 (PWs 382 and 838) of the total appealed amount of $62,014.
The Applicant submitted its second appeal on April 20, 2007, one month beyond the 60-day regulatory timeframe for submitting second appeals. The Applicant submitted additional documentation; however, it did not resolve the issues identified by the Regional Director in the first appeal. The Florida Division of Emergency Management supports the Applicants appeal. However, it submitted the Applicants appeal beyond the 60-day regulatory timeframe for forwarding appeals to FEMA.Issues:
Did the Applicant submit adequate documentation to support its request?
Did the Applicant submit the appeal within the regulatory timeframe?Findings:
OMB Circular A-87, Attachment A; 44 CFR §206.206.