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Second Appeal Brief
PA ID# 099-99099-00; Palm Beach County
PW ID# 5010; Sod Replacement
Citation: FEMA-1561-DR-FL; Palm Beach County
Reference: Sod Replacement
Summary: High winds, rain and flying debris from Hurricane Jeanne caused damage to Roger Dean Stadium. FEMA prepared PW 5010 for $287,089.23 to repair damages to the stadium and stadium grounds to include the replacement of 64,000 square feet (SF) of sod. Following a review of the PW, FEMA deducted $38,400.00. The replacement of the 64,000 SF of sod from the PW is not in accordance with FEMA Disaster Assistance Policy 9524.5, Trees, Shrubs, and other Plantings dated July 18, 2007. This policy states, “grass and sod will be eligible only when it is necessary to stabilize slopes and to minimize sediment runoff.”
In the second appeal dated December 21, 2007, the Applicant reiterated its original claim, stating that the “clay sediment eroded into the existing turf, compromising drainage, growth and stability of those areas.” The Applicant claimed that the erosion would continue and eventually destroy the fields if the sod was not replaced.
Disaster Assistance Policy 9524.5 clearly limits the eligibility of grass and sod to circumstances where such measures are necessary to stabilize slopes and to minimize sediment runoff. The grass areas do not serve in function or design as erosion control measures; they are playing surfaces. The replacement of sod on the Applicant’s ball fields, which are relatively level, does not meet the eligibility criteria envisioned in the policy.
Issues: Is replacement of the sod necessary to stabilize slopes or to minimize runoff?
Rationale: Disaster Assistance Policy (DAP) 9524.5, Trees, Shrubs, and other Plantings