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Second Appeal Brief
PA ID# 167-ULN6R-00; Port of Galveston
PW ID# 1471; Cruise Terminal 1
FEMA-1606-DR-TX, Port of Galveston, TX, Project Worksheet 1471Cruise Terminal 1
Buildings, Pre-Disaster Conditions, Time Limitations, Work Eligibility
Hurricane Rita struck Texas on September 23, 2005, causing widespread damage. The Port of Galveston (Applicant) reported that wind-driven rain damaged the roof of the building known as Cruise Terminal 1. The Applicant requested $547,905 to remove and replace the existing roof. FEMA prepared PW 1471 for $0 on February 22, 2006, because it found no visible windstorm damage to the roof and determined that the damage, water saturation of the insulation below the cap sheet making the roof “spongy,” was not disaster related. The Applicant submitted its first appeal on April 3, 2006, claiming that winds lifted the roof membrane allowing wind-driven rain to saturate the insulation and damage the roof. It requested up to $695,999 to remove and replace the roof. FEMA denied the first appeal on April 18, 2006, stating that the FEMA Project Officer found no evidence of wind damage, tears, or seam damage and the Applicant did not provide new information or documentation to indicate that Hurricane Rita caused the damage to the roof. The Applicant submitted its second appeal on July 24, 2007, more than one year after the regulatory time limit. It included an engineering report, dated October 27, 2006, which described several damaged areas of the roof. The engineering report stated that the roof is in poor to fair condition compared to roofs similar in age, locations, and composition. The report does not indicate that Hurricane Rita caused the damage to the roof; it generally refers to corrosion, weathering, improper construction, and deterioration.
1. Did the Applicant provide information to show that the roof was damaged as a result of the declared disaster?
2. Did the Applicant submit its second appeal within the regulatory time limit?
44 CFR §206.223(a)(1), 44 CFR §206.206(c)