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Second Appeal Brief
PA ID# 109-55000-00; City of Oklahoma City
PW ID# 1058; Debris Removal
SECOND APPEAL BRIEF
City of Oklahoma City, PA ID 109-55000-00
Debris Removal, Project Worksheet (PW) 1058 (1)
Citation: FEMA-1735-DR-OK, City of Oklahoma City, PW 1058 (1)
Reference: Debris Removal
Summary: An ice storm from December 8, 2007, through January 3, 2008, deposited large quantities of vegetative debris in the Applicant’s drainage channels. FEMA prepared PW 1058 for $169,822 for the removal and disposal of 609 tons of vegetative debris. FEMA based the amount of debris on the project officer’s validation that only 29 percent of the debris the Applicant claimed on 344 of 648 load tickets was eligible for reimbursement. According to the Applicant, the project officer misstated the start date of the removal operations and included 30 locations that were not included under its drainage debris removal contract. The Applicant stated that all 4,047 tons of debris should have been eligible. The Regional Administrator determined that it was unreasonable to assume that the remainder of the debris was 100 percent eligible when the PO was only able to validate 29 percent of the sampled load tickets. The Regional Administrator also determined that of the 29 percent that could be validated, an additional 197.66 tons of debris were eligible and partially approved the Applicant’s appeal on September 11, 2008. The Applicant submitted it second appeal on
November 18, 2008, and maintained that all 4,047 tons of debris were eligible.
Issue: Is 100 percent of the debris removed by the Applicant eligible?
Rationale: 44 Code of Federal Regulations §206.224 Debris removal