Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 031-UAL2B-00; Jacksonville Port Authority
PW ID# 4294 and 4478; Debris Removal
Citation: FEMA-1545-DR-FL; Jacksonville Port Authority
Cross - Debris Removal, Work Eligibility
Summary: Heavy rains from Hurricane Frances washed unusually large amounts of sediment into the St. John’s River, including terminals of the Jacksonville Port Authority (Applicant). FEMA prepared PWs 4294 and 4478 to dredge sediment in two channel marine terminals. At the time the PWs were written, FEMA could not verify the amount of sediment deposited in the terminals from the storm and estimated the amounts. PW 4294 was written for 117,798 cubic yards of sediment at a removal rate of $6.50 for a total of $765,687. PW 4478 was written for 154,569 cubic yards of sediment at the removal rate of $6.50 for a total of $1,004,049. Maintenance dredging is performed by the United States Army Corps of Engineers (USACE) to allow channel access. During final inspection of the PWs FEMA received the average amounts of sediment dredged from each channel for the prior three fiscal years, and compared this to the amounts removed in 2005 after the storm. Based on this information, the amount of sediment attributed to the storm was less than the estimated amounts and the project costs were adjusted. PW 4294 was reduced to zero dollars and PW 4478 was reduced to $339,843.
The Applicant appealed this determination on December 14, 2009, stating that the St. John’s River is “lazy” and the sediment from Hurricane Francis accumulated over a two year period. The Applicant also stated that the sediment removal should be considered permanent work and cannot be completed within a standard emergency work timeframe. The Regional Administrator denied the first appeal stating that the sediment removal costs could not be attributed to the disaster.
The Applicant submitted its second appeal on February 4, 2011. The Applicant is again claiming that due to the “lazy” nature of the St. John’s River, additional sediment caused by Hurricane Francis accumulated over a two year period and is requesting FEMA approve funding in the amount of $1,429,893. The Applicant is also claiming that the sediment removal should be considered permanent work.
Issue: Is the accumulation of sediment in the marine terminals a result of the disaster?
Rationale: 44 CFR §206.223 (a)(1), General Work Eligibility; 44 CFR §206.204 (c)(1), Deadlines, 44 CFR §206.204 (d) Requests for time extensions.