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Second Appeal Letter
PA ID# 109-47448-00; City of Martinsville
PW ID# 1993; Street and Alley Repairs
May 17, 2010
Mr. Arvin E. Copeland
Governor’s Authorized Representative
Indiana Department of Homeland Security
302 West Washington Street
Indianapolis, IN 46204
Re: Second Appeal–City of Martinsville, PA ID 109-47448-00, Street and Alley Repairs,
FEMA-1766-DR-IN, Project Worksheet (PW) 1993
Dear Mr. Copeland:
This letter is in response to the letter from your office dated December 9, 2009, which transmitted the referenced second appeal on behalf of the City of Martinsville (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny reimbursement for repair of an alleyway at Lincoln and Cunningham Streets following a severe rainstorm.
FEMA prepared PW 1993 to document damages to four streets and the alleyway. The estimated repair cost was $34,799 but FEMA determined the work was not eligible because the damage was related to normal deterioration. In its first appeal dated April 3, 2009, the Applicant reduced the extent of claimed damages and the requested amount to $27,480. However, the Acting Regional Administrator denied the first appeal on September 15, 2009, because the damage was not related to the disaster and the appeal lacked supporting documentation. In its second appeal dated November 20, 2009, the Applicant withdrew the request for the street repairs, but asserted the damage to the alleyway was eligible. The Applicant provided photographs of the alleyway, which confirm damage consistent with run-off from a severe rainstorm. The Applicant is requesting removal of 326 square yards of old asphalt, sub-grade preparation, and asphalt surface at a cost of $19,430.
I reviewed the information submitted with the appeal and have determined that the damage is disaster related and repair of the alleyway is eligible for funding. Therefore, I approve the appeal. By copy of this letter, I am requesting the Regional Administrator prepare a new PW version for $19,430 for the repair of the alleyway.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Elizabeth A. Zimmerman
cc: Janet M. Odeshoo
Acting Regional Administrator
FEMA Region V