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Second Appeal Brief
PA ID# 073-58520-00; City of Poway
PW ID# NA; Debris Removal
SECOND APPEAL BRIEF
City of Poway, PA ID 073-58520-00
Citation: FEMA-1731-DR-CA, City of Poway, Debris Removal
Reference: Debris Removal
Summary: On January 4, 2008, FEMA amended the wildfire declaration to expand the incident type for the disaster to include flooding, mudflows, and debris flows directly related to the wildfires. The amendment stated that only those areas that the Federal Coordinating Officer (FCO) determined on a case-by-case basis to be damaged or adversely affected would be eligible. FEMA prepared multiple PWs for the City of Poway (Applicant) for damage sustained as a result of the wildfires. However, FEMA determined that $196,654 associated with mud and debris flows was ineligible.
The Applicant submitted its first appeal June 16, 2008, arguing that it was inundated with mud, debris, and sediment that flowed into check dams and Lake Poway, the community’s main source of drinking water. The Applicant claimed that the cost of performing the emergency debris removal totaled $196,654. The Applicant asserted that it was not reasonable for FEMA to determine that only the La Jolla and Rincon Band of Luiseno Indians warranted inclusion under the amendment. In a letter dated January 29, 2009, the Acting Regional Administrator denied the appeal, stating that the Applicant did not provide sufficient documentation to establish that the event impacted the Applicant to such extent and intensity as to warrant inclusion under Amendment Number Two.
In a letter dated April 17, 2009, the Applicant submitted its second appeal, reasserting its original argument that the damage sustained and the work performed are eligible for reimbursement under Amendment Number Two. Further, the Applicant claimed in its second appeal that the revised total for the work performed is $298,024.
Issues: Is the post-fire debris removal work that the Applicant performed eligible under the amended declaration for public assistance?
Rationale: 44 CFR §206.31-40; 44 CFR §206.223, General work eligibility