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Second Appeal Letter
PA ID# 129-83328-00; West Leechburg Borough
PW ID# Project Worksheet 1581; Scope of Work
April 4, 2008
Governors Authorized Representative
Pennsylvania Emergency Management Agency
2605 Interstate Drive
Harrisburg, Pennsylvania 17110
Re: Second AppealWest Leechburg Borough, PA ID 129-83328-00, Scope of Work,
FEMA-1557-DR-PA, Project Worksheet (PW) 1581
Dear Ms. Myslewicz:
This is in response to your letter dated December 24, 2007, which transmitted the referenced second appeal on behalf of West Leechburg Borough (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) determination of eligible work on PW 1581.
In September 2004, heavy rain and surface water run-off associated with Hurricane Ivan caused an embankment failure measuring approximately 100 feet along the downside of Woodland Drive in West Leechburg Borough. During the design of the repairs, the Applicant realized that the discharge for the existing storm water collection system was within the work site and would jeopardize the site during future rain events. In addition to the approved scope of work, the Applicant also re-routed and upgraded the storm sewer at the project location.
The Applicant submitted its first appeal on March 29, 2007, requesting that FEMA reconsider the determination of eligible costs on PW 1581. The Applicant stated that the embankment repair work necessitated the change in the storm sewer drainage course and that the drainage work was necessary to protect the integrity of the slide repair work. The Regional Administrator denied the appeal on July 5, 2007, stating that modifications to the storm sewer system and the installation of the guide rail do not meet the eligibility requirements as outlined in
44 CFR §206.223(a) as they were not damaged as a direct result of the disaster.
The Applicant submitted its second appeal on December 14, 2007, again requesting reconsideration of eligible costs. The Applicant provided a report from Bove Engineering Company stating that the drainage work was necessary to protect Woodland Drive from a 5-year rain event.
The additional work performed by the Applicant, re-routing the storm sewer system, is ineligible under the Public Assistance Program because it was not damaged as the direct result of the declared disaster. However, the installation of the guide rail was required in order to meet current PennDOT safety standards.
Therefore, I am partially approving the second appeal. By copy of this letter, I am asking the Regional Administrator to re-obligate of $5,973 to PW 1581 for the installation of the guide rail.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Jonathan Sarubbi
FEMA Region III