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Road-Repair-Gravel Replacement

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1684-DR
ApplicantForest Lake Township
Appeal TypeSecond
PA ID#115-26648-00
PW ID#Project Worksheet 373
Date Signed2008-06-27T04:00:00
Citation: FEMA-1684-DR-PA, Forest Lake Township, Road Repair, PW 373

Cross-reference: Documentation, Roads
Summary: Severe storms and flooding struck Forest Lake Township (Applicant) in
November of 2006. The original PW was written and approved for $7,578 to repair scoured roads. In the first appeal, the Applicant stated that it had inadvertently omitted an allowance for aggregate surface material lost due to the floods. The Applicant requested an additional $8,332 for the cost of the lost aggregate. The first appeal was denied because there was not sufficient documentation to support the claim that the roadway had a layer of aggregate washed away in the flood.
On the second appeal, submitted on January 4, 2008, the Applicant submitted photographs showing that aggregate had been washed into adjoining fields. The Applicant also provided invoices for gravel purchased for the roadway prior to the disaster.
Issues: Did the Applicant provided documentation sufficient to support a claim
for reimbursement for gravel lost from roads due to flooding?
Findings: Yes.

Rationale: Stafford Act Section, 406(a); 44 CFR §206.201(g); and 44 CFR §206.223.

Appeal Letter

June 27, 2008

Mimi Myslewicz
Governor’s Authorized Representative
Pennsylvania Emergency Management Agency
2605 Interstate Drive
Harrisburg, Pennsylvania 17110-9364

Re: Second Appeal–Forest Lake Township, PA ID 115-26648-00
Road Repair-Gravel Replacement, FEMA-1684-DR-PA, Project Worksheet (PW) 373

Dear Ms. Myslewicz:

This is in response to your letter dated January 4, 2008, which transmitted the referenced second appeal on behalf of the Forest Lake Township (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of additional funding in the amount of $8,332 to replace gravel on roadway surfaces.
FEMA approved PW 373 for $7,578 to repair scoured road ditches at five separate locations. On its first appeal, submitted on October 17, 2007, the Applicant requested an additional $8,332, stating that it had inadvertently omitted the cost of aggregate cover washed away during flooding. The Regional Administrator denied the appeal because the Applicant did not provide sufficient documentation to support its claim that the road had aggregate cover prior to the disaster.
The Applicant submitted a second appeal on January 4, 2008. With the second appeal, the Applicant provided photographs showing that the aggregate cover had been washed into adjoining fields. In addition, the Applicant provided invoices demonstrating that it had purchased gravel for the roads prior to the disaster. After review of the documentation, I have determined that the cost to replace the lost gravel is eligible for funding under the Public Assistance Program. Therefore, I am granting the second appeal. By copy of this letter, I am requesting that the Regional Administrator take appropriate action to implement this determination.

Please inform the Applicant of my decision. This determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Jonathan Sarubbi
Regional Administrator
FEMA Region III