Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 021-89300-00; Village of Wyocena
PW ID# 2373; Marina Dredging Costs
Citation: FEMA-1768-DR-WI, Village of Wyocena (Applicant), Marina Dredging Costs, Project Worksheet (PW) 2373
Reference: General Eligibility; Legal Responsibility
Summary: The Applicant is appealing FEMA’s denial of PW 2373 to deny funding to remove debris sediment and bog material from an area at Lake Wyona. FEMA denied the costs associated with PW 2373 because it was determined that the debris did not pose an immediate threat to an eligible facility. On May 7, 2009, the Wisconsin Division of Emergency Management requested a reconsideration of PW 2373, and informed FEMA that the debris threatened the hydroelectric portion of the dam. During the review, FEMA discovered that the hydroelectric portion of the dam is leased and operated by an outside party. After review of the Applicant’s lease, FEMA determined that the lessee, not the Applicant, was responsible for debris removal.
The Applicant submitted its first appeal on October 1, 2009, stating that per the lease agreement it was responsible for the costs associated with PW 2373. On April 13, 2010, the Acting Regional Administrator denied the first appeal on the basis that the Applicant did not provide documentation to support its claim that the debris in Area A of Lake Wyona was an immediate threat to the dam or the hydroelectric power plant.
In its second appeal, the Applicant argued that it does have legal responsibility for the dam and that the debris in Area A poses a threat to improved property. The Applicant did not provide any additional documentation to support its appeal.
Issues: 1. Is the Applicant legally responsible for the dam?
2. Was the debris a threat to improved property?
Findings: 1. No
Rationale: 44 CFR §206.223(a)(3) General work eligibility. General; 44 CFR §206.224(a)(2) Debris removal. Public Interest; FEMA 322, Public Assistance Guide, dated June 2007, pages 23, 30-31.