alert - warning

This page has not been translated into Español. Visit the Español page for resources in that language.

Jackson County Road and Bridge

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1741-DR
ApplicantJackson County
Appeal TypeSecond
PA ID#085-UC6TI-00
PW ID#872
Date Signed2012-01-17T05:00:00

Citation:         FEMA-1741-DR-KS, Jackson County Road and Bridge, Time Extension, PW 872

Cross-

Reference:     Time Extension         

Summary:       Severe ice storms in December 2007 which resulted in disaster DR-1741-KS, generated a significant amount of debris.  The Jackson County Road and Bridge (Applicant) is seeking a time extension for removal of 45,000 cubic yards of vegetative debris.  Project Worksheet (PW) 872 was prepared for $274, 227 to provide funding to burn and remove debris.  The Applicant was granted three time extension requests for a total of 24 months.  The Applicant completed 60 percent of the work by the first time extension, 85 percent by the second time extension and 90 percent by the third time extension.  FEMA denied the Applicant’s fourth extension request for one year in a letter dated January 21, 2010.  In its first appeal letter dated February 16, 2010, the Applicant stated that extenuating circumstances hindered the debris removal process.  FEMA denied the first appeal on August 20, 2010, stating that the Applicant was unable to substantiate the fourth time extension request and FEMA found that an additional fourth time extension as unreasonable.  FEMA made this determination in accordance with 44 CFR §206.204 (d)(2) Requests for time extensions.

Issue:              Would an additional time extension to complete the work be reasonable?

Finding:           No.

Rationale:       44 CFR §206. 204 (d)(2) Requests for time  extensions.

 

Appeal Letter

January 17, 2012  

Major General (KS) Lee E. Tafanelli

The Adjutant General and Director of

Emergency Management & Homeland Security

2800 SW Topeka Boulevard

Topeka, Kansas 66611-1287

Re:  Second Appeal-Jackson County Road and Bridge, PA ID 085-UC6TI-00, Time Extension, FEMA-1741-DR-KS, Project Worksheet (PW) 872

Dear Major General Tafanelli:
This is in response to your letter dated March 15, 2011, which transmitted the referenced second appeal on behalf of the Jackson County Road and Bridge (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of a time extension to complete debris removal work.  

Background

On December 10, 2007, severe ice storms generated over 45,000 cubic yards of vegetative debris.  As a result, FEMA prepared PW 872 to burn and remove vegetative debris.  The Applicant is seeking an additional time extension to complete debris removal work.  FEMA and the State have granted three time extensions for a total of 24 months.  On January 21, 2010, FEMA denied the Applicant’s fourth request for a time extension to complete debris work, stating that the applicant’s request for additional time was not reasonable.    

First Appeal 

In its first appeal dated February 16, 2010, the Applicant asserted that extenuating circumstances prevented the completion of debris removal on schedule.  The Applicant asserts weather conditions prevented the completion of debris removal within the extended time frame.  FEMA determined that it was not reasonable that these conditions existed continuously for twenty-four months.  Additionally, it was noted that the Applicant used force account labor to complete the work instead of temporary labor as outlined in the original scope of work.  The use of temporary labor may have permitted the Applicant to complete the work that was beyond the capability of the force account labor in a shortened time period.  The Regional Administrator determined that a further time extension was not justified and denied the appeal on August 20, 2011.

Second Appeal

In the Applicant’s second appeal dated October 25, 2010, the Applicant restated its request for a fourth time extension.  The Applicant stated that ninety percent of the work was completed and requested an additional one year extension.  The Applicant additionally asserted that the farmers in the area did not consent to cutting and burning of the vegetative debris, as many of their crops were still in the fields due to the wet conditions in the fall of 2009.  The Applicant claims that they did everything within its control to abide by the completion deadlines and the weather conditions and other intervening factors prohibited the final completion of debris removal and cleanup.  

Discussion

The Applicant has received three prior time extensions to extend the deadline for the completion of the debris removal to 24 months.  In accordance with 44 CFR  §206.204 (d)(1), Request for time extensions, FEMA may only grant a time extension if the request is reasonable and if the Applicant can demonstrate extenuating circumstances.  The Applicant did not provide any new  or additional information to support an extension of time to remove the remaining debris.   

Conclusion

I have reviewed the information submitted with the appeal and have determined that the Regional Administrator’s decision in the first appeal is consistent with Public Assistance   regulations and policy.  Accordingly, I am denying this appeal. 

Please inform the Applicant of my decision.  This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.

Sincerely,

/s/

Deborah Ingram
Assistant Administrator
Recovery Directorate
cc:  Beth A. Freeman
       Regional Administrator

       FEMA RegionVII