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Second Appeal Brief
PA ID# 063-99063-00; Livingston Parish
PW ID# PW 54; Debris Removal
Citation: FEMA-1786-DR-LA, Livingston Parish, Debris Removal, Project Worksheet (PW) 54
Reference: Debris Removal, Documentation, Eligible Work
Summary: Heavy rain and severe wind from Hurricane Gustav damaged trees throughout Livingston Parish (Applicant). Hurricane Gustav generated debris including hanging limbs and leaning trees throughout the Parish. FEMA reviewed a 20 percent sample of the documentation provided by the Applicant’s debris monitoring contractors and found that only 16 percent of claimed hangers and 34 percent of the claimed leaners were eligible. During this review, FEMA excluded from the sample any tree tickets that could not be matched to the available photos. In the first appeal, FEMA determined that PW 54 Version 1 should have been obligated at a higher cost share (95 percent) because the initial PW was obligated within the deadline for the PA Pilot Program. FEMA also determined in the first appeal that the ineligible work performed was accurately captured in PW 54 Version 1, and was further supported by additional sampling performed at the State’s request.
In the second appeal, the Applicant requested $16,626,340 to cover the full cost of debris removal for leaners and hangers. The Applicant claims that FEMA’s methodology to derive a percentage of eligible debris removal was flawed and that 89 percent of the debris removal as claimed was eligible.
Issues: 1. Did the Applicant provide information to verify that work completed to remove leaners and hangers was eligible?
2. Is FEMA’s methodology to calculate the eligible cost of debris removal flawed?
Finding: 1. No.
Rationale: 44 CFR §206.224(a); Disaster Assistance Policy DAP 9580.204, Documenting and Validating Hazardous Trees, Limbs, and Stumps; and FEMA 325 – Debris Management Guide.