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Second Appeal Brief
PA ID# 081-71000-00; City of Stroud
PW ID# 419; Debris Removal
Citation: FEMA-1735-DR-OK, City of Stroud, PW 419
Reference: Debris Removal
Summary: An ice storm from December 8, 2007, through January 3, 2008, deposited large quantities of vegetative debris in the Applicant’s maintained and owned properties. FEMA prepared PW 419 for the removal and disposal of 30,580 CY of vegetative debris at a cost of $214,060 based on a cooperative effort of city, state and FEMA representatives for possible use in the Pilot Program but decided against it. According to the Applicant, FEMA officials did not disallow a single truckload of debris, and that only oral warnings were issued. In addition, ODEM argues that its audit has confirmed the contractor’s invoice total request were reasonable. The Regional Administrator agreed with the initial determination that based upon FEMA file memos and photos, that the contractor loads were “fluffed” to exaggerate actual volume; ineligible debris was removed from private property and undeveloped areas; and monitors did not write load tickets at point of origins thereby allowing ineligible debris to be invoiced. Since there was no estimated of exact quantities of ineligible debris, the best substantiated eligible debris quantity should remain 30,580 CY. The Applicant submitted it second appeal on May 23, 2008, and maintained that all 51,593 CY of debris are eligible.
Issue: Is 100 percent of the debris removed by the Applicant eligible?
Rationale: 44 Code of Federal Regulations §206.224 Debris removal