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Second Appeal Brief
PA ID# 127-58575-00; City of Port Orange
PW ID# Project Worksheets 234 and 438; Debris Removal
FEMA-1539-DR-FL, City of Port Orange (Applicant), Project Worksheets (PWs) 234 and 438 Cross-reference:
FEMA prepared PWs 234 and 438 for debris removal following Hurricane Charley. FEMA subsequently de-obligated $97,468 from PW 234 and $14,101 from PW 438 because these costs were based on a 1 to 5 compaction ratio. In a letter dated October 5, 2005, the Applicant appealed FEMAs determination that the contractor compaction 1 to 5 ratio was ineligible for reimbursement. The Applicant stated that FEMA had approved the compaction ratio and that the Applicant had paid the contractor based upon the 1 to 5 compaction ratio. The Regional Director denied the appeal in a letter dated November 14, 2006, stating that the supporting documentation identified rear-loading refuse trucks with a capacity of 25 cubic yards. Therefore, it would not be possible to fill such trucks to the requested 1 to 5 compacted ratio, which would amount to 125 cubic yards of debris.
In a letter dated January 9, 2007, the Applicant reiterated its position that FEMA approved the 1 to 5 compaction ratio and that if FEMA wanted to change the compaction ratio then it should do so prospectively rather than retroactively. The Applicant stated that its files are well documented and it has video of all loaded trucks. Issues:
Did the Applicant submit information to support its claim that debris removal costs
based upon a 1 to 5 compaction ratio are eligible for Public Assistance?Findings:
No. Debris removal costs based on a 1 to 2 compaction ratio are eligible for Public
44 CFR §206.224; 44 CFR §206.206(a).