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Activation and Staffing Emergency Operations Center

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1491-DR
ApplicantVirginia Department of Emergency Management
Appeal TypeSecond
PA ID#000-U7YXQ-00
PW ID#2175
Date Signed2008-04-01T04:00:00
Citation: FEMA-1491-DR-VA, Virginia Department of Emergency Management
Cross-reference: General Eligibility, Emergency Protective Measures

Summary: The Commonwealth of Virginia was struck by severe weather caused by Hurricane Isabel on September 18, 2003. The PW was initially written for $54,000 for costs associated providing ice and water to populations throughout the Commonwealth. That PW was later increased to $86,792. In its first appeal, the VDEM documented additional costs associated with the staffing and operations of the Virginia Emergency Operations Center. The first appeal resulted in the approval of an additional $175,934 for a total of $262,726 for expenses related to emergency protective services.
The second appeal, submitted on September 17, 2007, requested an additional $308,175. Region III staff worked the VDEM to clarify categories of eligible activity. This consultation resulted in a reduced request for an additional $55,662 for costs associated with the operation of the VEOC and for providing ice, water and generators throughout the Commonwealth. The revised second appeal was submitted on December 3, 2007.
Issues: Are costs associated with the activation and staffing of the Virginia Emergency Operations Center and providing essential supplies to the local population eligible costs?
Findings: Yes.

Rationale: Stafford Act Sections 403(a) and 424; 44 CFR §206.201(b); and
44 CFR §206.225.

Appeal Letter

April 1, 2008

Michael M. Cline
Governor’s Authorized Representative
Virginia Department of Emergency Management
10501 Trade Court
Richmond, Virginia 23236-3713
Re: Second Appeal–Virginia Department of Emergency Management,
PA ID 000-U7YXQ-00, Activation and Staffing Emergency Operations Center,
FEMA-1491-DR-VA, Project Worksheet (PW) 2175

Dear Mr. Cline:

This is in response to your letter dated December 3, 2007, which transmitted the referenced second appeal on behalf of the Virginia Department of Emergency Management (VDEM). By way of this second appeal, VDEM requests additional funding in the amount of $55,662.

FEMA prepared PW 2175 for $54,000 for costs related to providing water and ice to disaster victims. FEMA subsequently increased the PW to $87,000. VDEM transmitted its first appeal by letter dated May 31, 2007, requesting an additional $179,934 for costs associated with the staffing and operation of the Virginia Emergency Operations Center (VEOC). The FEMA Regional Administrator approved additional reimbursement of $175,934 by letter dated
July 20, 2007.
On September 17, 2007, VDEM submitted a second appeal requesting an additional $308,175. Region III staff worked with the Applicant to clarify the details of the request. VDEM resubmitted a revised appeal on December 3, 2007, with a request for an additional $55,662.

After review of the submitted documentation, I have determined that the requested funding is reasonably associated with actions taken by VDEM to protect lives, public health and safety and to support other activities eligible under category B of the Public Assistance Program. The additional documentation submitted with the second appeal indicates that the emergency protective measures taken by the VDEM included the delivery of food, ice, water and generators
to the VEOC staff during inclement weather and to local populations. These are eligible activities under the Public Assistance Program.

I am approving 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. 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