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Second Appeal Brief
PA ID# 091-45640-00; Town of Murfressboro
PW ID# Project Worksheet 724; Holly Hill Dam
FEMA-1490-DR-NC, Town of Murfreesboro, Holly Hill Dam, PW 724 Cross-reference:
Following Hurricane Isabel, FEMA prepared PW 724 to flush cut and remove 14 trees that were felled by the disaster, remove three stumps, and backfill the root ball craters on the Holly Hill Dam, an earthen dam.
The Town of Murfreesboro (Applicant) submitted its first appeal in a letter dated July 17, 2007, requesting additional funding for PW 724 to reflect all of the work performed. Specifically, the Applicant claimed that the need to remove all vegetation from the embankments, perform additional road work, and replace the bottom drain with a permanent siphon drain, was a direct result of Hurricane Isabel and was necessary to return the dam to its pre-disaster condition. In a letter dated October 29, 2007, the Regional Administrator denied the first appeal, stating that the removal of all vegetation from the embankments exceeded necessary repairs to disaster-related damages. The Regional Administrator also stated that the other work was related to long-deferred maintenance at the facility. The Applicant also failed to establish the eligibility of additional road work beyond that already funded under another PW. Finally, the preliminary site assessment attributed the problems with the bottom drain to severe corrosion, leaks, and barrel failure indicative of long-term deterioration and unrelated to the disaster.
In a letter dated January 22, 2008, the Applicant submitted its second appeal. The Applicant states that flush cutting the damaged trees would have inadequately repaired the dam and would make the dam more susceptible to internal erosion and potential failure. The Applicant claims it needed to remove all trees because they were vulnerable to failure and were necessary to access and remove the downed trees. The Applicant asserts that the lake level dropped 2 feet in 5 days showing disaster damaged the bottom drain and that the North Carolina Dam Safety requirements necessitated a permanent siphon drain. The Applicant also claims the road repairs resulted from heavy equipment and dump trucks using the road for work related to PW 724.Issues:
Are the repairs eligible disaster-related work? Findings:
44 CFR §206.223 and §206.226