alert - warning

This page has not been translated into العربية. Visit the العربية page for resources in that language.

Documentation

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1606-DR
ApplicantJefferson County
Appeal TypeSecond
PA ID#245-99245-00
PW ID#Multiple ProjectWorksheets
Date Signed2008-04-07T04:00:00
Citation: FEMA-1606-DR-TX, Jefferson County (Applicant)

Cross-reference: Documentation, Debris Removal

Summary: Jefferson County, Texas was struck by Hurricane Rita on September 23, 2005. After the hurricane, the Applicant removed and disposed of an estimated 2,500,000 cubic yards of vegetative and other debris. The cleanup and removal was accomplished, in part, with the use of dump trucks, front end loaders, bull dozers and other heavy equipment. As part of its debris management plan, the Applicant established three temporary debris collection sites. The largest of the debris collection sites was established at the Beaumont Municipal Airport located at 455 Keith Road, Beaumont, Texas 77713. Seven roads – Boyt, Lawhorn, Johnson, Labelle, Willis, South League and Steinhagen – served as major thoroughfares to and from the debris collection sites. Each of the identified roads is a county road, built and maintained according to county specifications and standards. The Applicant claims that the pooling of water from the hurricane, combined with the use of heavy trucks and equipment to remove the debris from the roads and abutting ditches and the use of heavy equipment to transport the debris over county roads to the debris collection sites resulted in damage to the identified roads. The Applicant has submitted seven PWs for damage caused to the county roads leading to the debris collection sites. The total amount claimed for the seven PWs is $173,162.
A review of the PWs reveals that the actual amount at issue is $197,337. At the request of the Applicant, two FEMA/State inspector teams visited the sites and reviewed the claimed road damages. Both teams found the claimed damages were not disaster-related and therefore were ineligible. FEMA requested additional documentation, including road maintenance records, to support the appeal. The Regional Administrator denied the first appeal because the Applicant did not provide additional information or documentation sufficient to support its claim.
Issues: Did Applicant supply documentation sufficient to support its claims?
Findings: No.
Rationale: Stafford Act §423; 44 CFR §206.206(a), 44 CFR §206.223

Appeal Letter

April 7, 2008

Philip Anders
Alternate State Coordinating Officer
Division of Emergency Management
Hurricane COF
5425 Polk Street
Mail Slot O
Houston, Texas 77023-1423
Re: Second Appeal–Jefferson County, PA ID 245-99245-00
Documentation of Road Damage Due to Debris Removal,
FEMA-1606-DR-TX, Project Worksheets 3508, 3511, 3518, 3532, 3547, 3549 and 3550

Dear Mr. Anders:
This is in response to your letter dated October 24, 2007, which transmitted the referenced second appeal on behalf of Jefferson County (Applicant). The Applicant appealed the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision denying funding for seven Project Worksheets (PW) for the repair of damage to seven county roads.

In the aftermath of Hurricane Rita, the Applicant performed emergency debris removal operations to remove downed trees, vegetation and other debris. The Applicant established three temporary debris collection sites in the county as part of that effort. Debris was removed by the Applicant, by private contractors and by the U.S. Army Corps of Engineers. The various parties used hauling trucks, dump trucks, front end loaders and bull dozers in the debris removal process. The Applicant claimed that it experienced damage to county roads as a result of the debris removal operations. The Applicant seeks $173,162 to repair damage to county roads.

The Texas Division of Emergency Management (TDEM) transmitted the Applicant’s first appeal for the seven above referenced PWs by letter dated March 19, 2007. FEMA denied that appeal by letter dated June 14, 2007. The Applicant submitted its second appeal on August 25, 2007, and the TDEM forwarded the second appeal by letter dated October 24, 2007.
The Applicant submitted seven PWs for the cost of repairs to seven county roads that served as thoroughfares to the temporary debris collection sites. In each of the identified cases, FEMA determined that the identified damage to county roads was not disaster related. At the Applicant’s request, two FEMA/State inspector teams reviewed the claimed road damages and each team determined that the claimed damages were ineligible.

To qualify as an eligible cost, the cited damage to the roads must be disaster related. On a conference call with State representatives and the Applicant on January 10, 2007, FEMA informed the parties of its determination and informed the parties that additional documentation would be necessary to support the application. Specifically, FEMA requested relevant road maintenance records. FEMA regulations require the Applicant to respond to requests for additional information within sixty days of the request.

In response to the request for additional information, the Applicant provided a map and six memoranda, dated January 23, 2007. Each of the memoranda identified repair work on six of the roads performed in the period from 2001 through 2003. Another similar memorandum, dated January 23, 2007, identified minor repairs to South League Road in 2004. None of the information provided by the Applicant indicated inspection or maintenance on the roads in the years immediately preceding the disaster.

After reviewing all information submitted with this appeal, I have determined that the Applicant did not submit additional information sufficient to support its claim of disaster-related damage to the county roads. I support the Regional Administrator’s decision denying the first appeal and I am denying the second appeal.

Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.

Sincerely,

/s/

Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: William Peterson
Regional Administrator
FEMA Region VI