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Second Appeal Brief
PA ID# 019-78820-00; Town of Vinton
PW ID# Project Worksheet 1906; Tree Limb Hanger Cuts
FEMA-1607-DR-LA, Town of Vinton, PA ID 019-78820-00, City-wide,
Debris Removal, Tree Limb Hanger Cuts
On September 23, 2005, hurricane force winds severely damaged trees throughout the Town of Vinton (Applicant). FEMA identified 9,411 eligible hanging limbs at $50/limb for a total of $470,550, which was included in PW 1906. However, the Applicant claimed a total of 17,049 hanging limbs at $70/limb for a total cost of $1,193,430.
The Applicant submitted its first appeal on September 18, 2006, maintaining that (1) the $70/limb rate was reasonable, and (2) that all 17,049 hanging limbs should be eligible for reimbursement. Based on prevailing conditions at the time the work was completed, the Regional Director determined that $70/limb met the prudent person standard (OMB Circular A-87) and a version of PW 1906 was prepared for $188,220. Based on a validation cycle count of spreadsheets from 10 percent of the city, the Regional Director denied the claim that 17,049 limbs were eligible.
On August 10, 2007, the Applicant submitted a second appeal reiterating the position presented in its first appeal.
Is it the responsibility of FEMA, rather than the Applicant to make eligibility determinations?
44 CFR §206 Subpart H