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Second Appeal Brief
PA ID# 062-21184-00; City of Dothan
PW ID# 1291; Eligible Work
Citation: FEMA-1835-DR-AL, Storm Drain Systems Repair, Eligible Work
Reference: Eligible Work
Summary: Following the heavy rain and severe storm declaration, City of Dothan (Applicant) sustained damages to four storm drainage systems at four different sites. FEMA prepared PW 1291 for $209,709. Following a review, FEMA denied the Applicant’s request due to a lack of maintenance of the drainage channels as defined at 44 CFR §206.223(a), General work eligibility, General. In the first appeal, the Applicant provided documentation supporting maintenance of the drainage facilities. Following a review of the documentation, FEMA determined the work for one of the sites eligible and partially approved the amount of $82,030. Subsequently, FEMA contracted a Professional Engineer (PE) to re-examine all of the damaged sites. The PE reported that the lack of maintenance claim was unsubstantiated. In the second Appeal dated March 4, 2010, the Applicant stated similar facts and provided additional documentation, which included a copy of the PE’s report and pictures to support the claim.
Issue: Is the Applicant eligible for reimbursement for costs of repairing four storm drainage systems?
Rationale: 44 CFR §206.223(a)