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Second Appeal Letter
PA ID# 085-UC6TI-00; Jackson County
PW ID# 872; Jackson County Road and Bridge
January 17, 2012
Major General (KS) Lee E. Tafanelli
The Adjutant General and Director of
Emergency Management & Homeland Security
2800 SW Topeka Boulevard
Topeka, Kansas 66611-1287
Re: Second Appeal-Jackson County Road and Bridge, PA ID 085-UC6TI-00, Time Extension, FEMA-1741-DR-KS, Project Worksheet (PW) 872
Dear Major General Tafanelli:
This is in response to your letter dated March 15, 2011, which transmitted the referenced second appeal on behalf of the Jackson County Road and Bridge (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of a time extension to complete debris removal work.
On December 10, 2007, severe ice storms generated over 45,000 cubic yards of vegetative debris. As a result, FEMA prepared PW 872 to burn and remove vegetative debris. The Applicant is seeking an additional time extension to complete debris removal work. FEMA and the State have granted three time extensions for a total of 24 months. On January 21, 2010, FEMA denied the Applicant’s fourth request for a time extension to complete debris work, stating that the applicant’s request for additional time was not reasonable.
In its first appeal dated February 16, 2010, the Applicant asserted that extenuating circumstances prevented the completion of debris removal on schedule. The Applicant asserts weather conditions prevented the completion of debris removal within the extended time frame. FEMA determined that it was not reasonable that these conditions existed continuously for twenty-four months. Additionally, it was noted that the Applicant used force account labor to complete the work instead of temporary labor as outlined in the original scope of work. The use of temporary labor may have permitted the Applicant to complete the work that was beyond the capability of the force account labor in a shortened time period. The Regional Administrator determined that a further time extension was not justified and denied the appeal on August 20, 2011.
In the Applicant’s second appeal dated October 25, 2010, the Applicant restated its request for a fourth time extension. The Applicant stated that ninety percent of the work was completed and requested an additional one year extension. The Applicant additionally asserted that the farmers in the area did not consent to cutting and burning of the vegetative debris, as many of their crops were still in the fields due to the wet conditions in the fall of 2009. The Applicant claims that they did everything within its control to abide by the completion deadlines and the weather conditions and other intervening factors prohibited the final completion of debris removal and cleanup.
The Applicant has received three prior time extensions to extend the deadline for the completion of the debris removal to 24 months. In accordance with 44 CFR §206.204 (d)(1), Request for time extensions, FEMA may only grant a time extension if the request is reasonable and if the Applicant can demonstrate extenuating circumstances. The Applicant did not provide any new or additional information to support an extension of time to remove the remaining debris.
I have reviewed the information submitted with the appeal and have determined that the Regional Administrator’s decision in the first appeal is consistent with Public Assistance regulations and policy. Accordingly, I am denying this appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
cc: Beth A. Freeman