Citation:FEMA-1607-DR-LA,Town of Vinton, Debris Removal, PW 1409
Reference:Debris Removal, OtherFederal Agency
Summary:Following Hurricane Rita, the Town of Vinton (Applicant) contracted with Alabama Environmental Response and Recovery (AERR) for the removal of debris from 36,500 linear feet (LF) of its drainage ditches for a lump sum of $877,000.FEMA prepared PW 1409 to remove debris from 9,100 LF of drainage laterals, including 7,300 LF that the NRCS determined to be exigency work and an additional 1,800 LF of drainage facilities within 100 feet of bridges.FEMA used the NRCS unit cost of $11.50 per linear foot to develop the eligible estimated amount of $116,650.The Applicant’s first appeal requested that FEMA fund the total $877,000 in invoiced expenses for the actual debris removal.In addition, the Applicant asserted that the unit cost of $11.50 per LF recommended by NRCS was unreasonably low.In a letter dated March 4, 2008, the Regional Administrator partially granted the appeal adjusting the unit cost to $24.03 per LF based on the Applicant’s contract.In its second appeal, dated May 15, 2008, the Applicant reiterates its arguments from the first appeal, stating that FEMA did not adequately assess the damage and was overly restrictive in determining eligible work.The Applicant also argues that both NRCS exigency and non-exigency definitions comply with FEMA's definition of an immediate threat.
Issue:Did all of the debris in the Applicant’s drainage system represent a threat to public health or safety or improved property?
Rationale:44 CFR §206.226(a) (1), Assistance under other Federal agency (OFA) programs and 44 CFR §206.221(c), Immediate threat