Debris Removal
Appeal Brief
Appeal Letter
Citation: FEMA-1539/1545/1561-DR-FL; Town of Ponce Inlet
Cross-reference: Documentation Requirements, Time Limitations
Summary: 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: No.
No.
Rationale: OMB Circular A-87, Attachment A; 44 CFR §206.206.
Appeal Brief
| Disaster | FEMA-1539/15 |
| Applicant | Town of Ponce Inlet |
| Appeal Type | Second |
| PA ID# | 127-58200-00 |
| PW ID# | Project Worksheets 3891, 5137, and 6543 |
| Date Signed | 2008-02-12T05:00:00 |
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.
Did the Applicant submit the appeal within the regulatory timeframe?
No.
Appeal Letter
February 12, 2008
W. Craig Fugate
Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Second Appeal-Town of Ponce Inlet, PA ID 127-58200-00, Debris Removal
FEMA-1539/1545/1561-DR-FL, Project Worksheets (PWs) 3891, 5137, 6543
Dear Mr. Fugate:
This letter is in response to your letter dated August 3, 2007, which transmitted the referenced second appeal on behalf of the Town of Ponce Inlet (Applicant). The Applicant is appealing the Federal Emergency Management Agencys (FEMA) de-obligation of funding and determinations of ineligibility for Project Worksheets (PW) 3891, 5137, and 6543. The Applicant is requesting approximately $81,363 be reinstated by FEMA.
FEMA de-obligated PWs 3891, 5137, and 6543 for debris removal costs 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 FEMA to reverse its previous determinations of ineligibility and de-obligations in PWs 382, 838, 3891, 5137, and 6543. The Regional Director partially approved the appeal on December 12, 2006, reinstating $22,843.
The Applicant submitted its second appeal on April 20, 2007, one month beyond the 60-day regulatory timeframe for submitting second appeals. The Applicant requested reimbursement of $81,363. The Florida Division of Emergency Management (FDEM) states that the amount under appeal is $37,508. FDEM supports the Applicants appeal; however, FDEM submitted the Applicants appeal beyond the 60-day regulatory timeframe for forwarding appeals to FEMA.
The Applicant submitted additional documentation with the second appeal; however, it was incomplete and did not resolve the issues identified by Region IV in the first appeal.
Based on a review of all the information submitted with the appeal, I have determined that the Regional Directors decision on the first appeal is consistent with program statute and regulations. Therefore, I am denying the second appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
cc: Major P. May
Regional Administrator
FEMA Region IV
W. Craig Fugate
Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Second Appeal-Town of Ponce Inlet, PA ID 127-58200-00, Debris Removal
FEMA-1539/1545/1561-DR-FL, Project Worksheets (PWs) 3891, 5137, 6543
Dear Mr. Fugate:
This letter is in response to your letter dated August 3, 2007, which transmitted the referenced second appeal on behalf of the Town of Ponce Inlet (Applicant). The Applicant is appealing the Federal Emergency Management Agencys (FEMA) de-obligation of funding and determinations of ineligibility for Project Worksheets (PW) 3891, 5137, and 6543. The Applicant is requesting approximately $81,363 be reinstated by FEMA.
FEMA de-obligated PWs 3891, 5137, and 6543 for debris removal costs 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 FEMA to reverse its previous determinations of ineligibility and de-obligations in PWs 382, 838, 3891, 5137, and 6543. The Regional Director partially approved the appeal on December 12, 2006, reinstating $22,843.
The Applicant submitted its second appeal on April 20, 2007, one month beyond the 60-day regulatory timeframe for submitting second appeals. The Applicant requested reimbursement of $81,363. The Florida Division of Emergency Management (FDEM) states that the amount under appeal is $37,508. FDEM supports the Applicants appeal; however, FDEM submitted the Applicants appeal beyond the 60-day regulatory timeframe for forwarding appeals to FEMA.
The Applicant submitted additional documentation with the second appeal; however, it was incomplete and did not resolve the issues identified by Region IV in the first appeal.
Based on a review of all the information submitted with the appeal, I have determined that the Regional Directors decision on the first appeal is consistent with program statute and regulations. Therefore, I am denying the second appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
cc: Major P. May
Regional Administrator
FEMA Region IV
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