Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 023-99023-00; Cameron Parish
PW ID# 4417; Hazard Mitigation Proposal
Citation: FEMA-1607-DR-LA; Cameron Parish (Applicant)
Cross - Hazard Mitigation Proposal, Deadlines
Summary: Hurricane Rita produced a storm surge that flooded the Cameron Parish community of Holly Beach and washed away Egret Street, a sand road on the south side of the community. FEMA prepared PW 4417 to repair the road to pre-disaster condition for $210,005. FEMA prepared version 2 of this PW to include a Hazard Mitigation Proposal (HMP) to anchor the roadway with sandy clay fill and crushed limestone for an additional $239,194. The Applicant requested a second HMP, which FEMA documented in PW 4417 version 4 for $491,488. This second HMP included the installation of geotextile material and 30-pound rip rap. FEMA found this mitigation measure ineffective and not eligible for funding. The Applicant submitted its first appeal requesting approval of the second HMP on March 31, 2009. FEMA Region VI denied the request in a letter dated August 31, 2009 because the second HMP documented in PW4417 version 4 was not an effective mitigation measure, and the Applicant completed the mitigation measure prior to FEMA approval. The Applicant submitted its second appeal to the State in a letter dated March 16, 2010. The second appeal requests $491,488 for hazard mitigation measures outlined in the second HMP, including geotextile material and 30-pound rip rap. The Applicant submitted a copy of an engineering report supporting the mitigation measure and photographs of the road before and after Hurricane Ike as evidence.
Issue: Is the second HMP eligible for funding?
Finding: No. The Applicant did not submit its second appeal through the State within the required time frame. The Applicant completed the mitigation measure before FEMA evaluated the project for cost effectiveness, technical feasibility, and compliance with statutory, regulatory, and executive orders.
Rationale: FEMA RR Policy 9526.1, Hazard Mitigation Funding Under Section 406 (Stafford Act) dated August 13, 1998; 44 CFR §206.206, Appeals.