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Second Appeal Brief
PA ID# 013-UF8CL-00; Bridgeport Exempted Village School District
PW ID# 1136; Eligibility of Sod Replacement
Citation: FEMA-1556-DR-OH; Bridgeport Exempted Village School District;
Sod Replacement on Athletic Fields
Cross-reference: Sod Replacement; Athletic Fields
Summary: As a result of severe storms, high velocity water runoff washed away sections of sod and topsoil from Bridgeport Exempted Village School Districts (Applicant) athletic fields. FEMA obligated Project Worksheet (PW) 1136-0 for $37,605 to repair eroded sections of the athletic fields. However, the replacement of sod in damaged areas was deemed not eligible pursuant to Recovery Division Policy #9524.5, Trees, Shrubs, and Other Plantings Associated with Facilities, which makes sod replacement eligible only when necessary to stabilize a slope and minimize runoff. In its first appeal, the Applicant argued that re-sodding was necessary to restore the fields to their pre-disaster design and to prevent future erosion. Accordingly, the Applicant requested additional assistance for the cost of sod replacement and top dressing on the damaged portions of the athletic fields. On July 22, 2005, FEMA partially granted the Applicants first appeal and obligated PW 1136-1 for $23,970 for top dressing damaged areas repaired by the Applicant, but denied funding for replacement of the sod. The Applicants second appeal, dated September 15, 2005, argues that FEMA Recovery Division Policy
#9524.5 contradicts federal law and FEMA regulations that provide reimbursement for repair and restoration of an eligible facility to its pre-disaster design and function. The Applicant is requesting additional funding of $51,556 because replacement of sod is necessary to restore the facility to its pre-disaster design and function.
Issues: (1) Is replacement of the sod necessary to stabilize slopes or to minimize runoff?
Findings: (1) No.
Rationale: Recovery Division Policy Number 9524.5