PA ID# 019-58630-00; Town of St. James
PW ID# 239; Emergency Debris Clearance
Citation: FEMA-4019-DR-NC, Town of St. James, Debris Removal, Project Worksheet (PW) 239
Cross-Reference: Debris Removal
Summary: Hurricane Irene made landfall along the North Carolina coastline causing significant wind damage and local flooding. FEMA prepared PW 239 to document the clearance of storm-generated debris from the roads in the Town of St. James’s (Applicant’s) jurisdiction. Upon review, FEMA determined the Applicant’s legal responsibility did not extend to roads maintained by North Carolina Department of Transportation (NCDOT) that are outside the gated community. FEMA subtracted $288 in debris clearance costs, thereby reducing the eligible cost estimate below the $1,000 regulatory limit, rendering PW 239 ineligible for funding.
The Applicant’s first appeal claimed that the boundaries of the Applicant’s area of responsibility lies beyond the gates and submitted a local map and statements from local officials describing the jurisdictional boundaries. In the response to the first appeal, the Regional Administrator did not dispute the boundaries of the Applicant’s jurisdiction; however, the Regional Administrator denied the appeal because the Applicant had not submitted a copy of a contract to justify the invoice from the St. James Volunteer Fire Department (VFD) for the debris clearance work. In the second appeal, the Applicant claims that the VFD is legally responsible for debris clearance by virtue of a contract in the form of a 1999 agreement between the Applicant and the VFD which authorized the VFD to provide fire and first responder services to the community. The Applicant also submitted its emergency management plan which identifies the Fire Chief as responsible for coordinating the clearance of roadways for emergency access.
Issues: 1. Has the Applicant provided documentation that establishes the legal responsibility of the VFD for the clearance of debris?
2. Does the submitted documentation qualify as a properly procured contract that authorized the VFD to clear debris on the Applicant’s behalf and would allow the Applicant to reimburse the VFD with FEMA funding for emergency work costs?
Finding: 1. No.
Rationale: Title 44 of the Code of Federal Regulations Part 13; 44 CFR § 206.223, General work eligibility