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Debris Removal-Reasonable Costs

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1491-DR
ApplicantHenrico County
Appeal TypeSecond
PA ID#087-99087-00
PW ID#Project Worksheet 2536
Date Signed2008-05-09T04:00:00
Citation: FEMA-1491-DR-VA, Henrico County Project Worksheet 2536

Cross-reference: Debris Removal, Reasonable Cost
Summary: The Commonwealth of Virginia was struck by severe weather caused by Hurricane Isabel on September 18, 2003. PW 2536 was written for $5,037,162 to cover the costs of removing hazardous stumps from creeks and streams. Initially, FEMA determined that the cost of stump removal from creeks and streams was not an eligible activity because the debris did not present an immediate threat to life, public health, or safety. In response to the first appeal, FEMA approved the $4,234,719 for removing stumps 24 inches in diameter or larger on a per-stump basis. However, FEMA denied the Applicant’s request for removing stumps with 24-inch diameter or less on a per-stump basis. Rather, FEMA reimbursed for these costs on an equivalent cubic-yard basis. This resulted in a reduction of $802,443.
The second appeal, submitted on September November 7, 2007, argues that FEMA policy in force at the time of the disaster did not prohibit the removal of stumps of 24-inch diameter or less on a per-stump basis and the $802,443 should be allowed as a reasonable cost.
Issues: Is the applicant eligible for reimbursement for removing stumps 24 inches or less in diameter on a per-stump basis?
Findings: No.

Rationale: Office of Management and Budget Circular A-87; 44 CFR §13.36(f); FEMA
325 Debris Management Guide (April 1999), Appendix F

Appeal Letter

May 9, 2008

Michael M. Cline
State Coordinating Officer
Virginia Department of Emergency Management
10501 Trade Court
Richmond, Virginia 23236-3713
Re: Second Appeal–Henrico County, PA ID 087-99087-00,
Debris Removal-Reasonable Costs, FEMA-1491-DR-VA,
Project Worksheet (PW) 2536

Dear Mr. Cline:

This is in response to your letter dated December 20, 2007, which transmitted the referenced second appeal on behalf of the Henrico County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) partial denial of its first appeal for reimbursement of costs associated with the removal of hazardous stumps from creeks and streams. The Applicant requests an additional $802,443 in funding.
Heavy rains and high winds from Hurricane Isabel in September 2003 deposited debris and exposed tree stumps on public and private property and in creeks and streams throughout Henrico County. Project Worksheet 2536 was originally written for $5,037,162 to remove hazardous stumps from creeks and streams throughout the county. FEMA initially denied funding for that activity because it concluded that the debris did not present an immediate threat to life, public health, or safety. In response to the first appeal, FEMA subsequently determined that the debris had blocked the natural flow of creeks and streams throughout the county and created the threat of future flooding. Accordingly, FEMA approved $4,234,719 for the project. FEMA denied $802,443 because it determined that the cost requested for removing stumps 24 inches or less in diameter was not reasonable. The Applicant requested reimbursement for removing stumps 24 inches or less on a per-stump basis. FEMA historical practice and policy is to reimburse for removing stumps with diameters 24 inches or less on an equivalent cubic-yard basis because the removal of these stumps do not require special equipment. The Applicant submitted its second appeal on November 7, 2007.

I have reviewed all information submitted with the Applicant’s second appeal and have determined that the Regional Administrator’s decision in the first appeal is consistent with Public Assistance Program regulations and policies. Accordingly, the appeal is denied.
Please inform the Applicant of my decision. My 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