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Second Appeal Brief
PA ID# 000-UTB7N-00; West Virginia Department of Enviornmental Protection
PW ID# Project Worksheets 488 and 489; Antaeus Gary Project
FEMA-1410-DR-WV, West Virginia Department of Environmental Protection PWs 488 and 489Cross-reference:
Emergency Protective MeasuresSummary:
On May 3, 2002, heavy rains resulted in the failure of a decant pipe from an impounding structure in Gary, West Virginia. Consequently, there was significant sloughage and erosion on the face of a dam. Large quantities of black water entered the local waters. FEMA prepared PWs 488 and 489 totaling $1,017,251 for emergency protective measures due to the downstream proximity of and the threat to the Town of Gary.
The Applicant also was awarded a court settlement of $7,645,862 for work that included emergency protective measures. FEMA de-obligated PWs 488 and 489 to avoid duplication of benefits.
The Applicant appealed the de-obligation. The Regional Administrator denied the appeal on August 13, 2007, because there had been no apparent effort by the Applicant to enforce the settlement or to pursue legal remedies.
On October 11, 2007, the Applicant submitted its second appeal to FEMA reiterating the previous position presented in the first appeal to support its contention that there would not be a duplication of benefits. The Applicant continues to hold a Promissory Note and a Deed of Trust associated with the settlement agreement. The Applicant has not pursued collection.Issues:
May FEMA duplicate funding when the Applicant is entitled, but has not received, funding from another source?Findings:
44 CFR§ 204.62(a), 44 CFR§ 206.226(a) (1)