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Second Appeal Brief
PA ID# 043-UYA1T-00; Elwood-Gladden Drainage District
PW ID# 41; Drainage Channel Debris Removal
Citation: FEMA-4035-DR-KS, Elwood-Gladden Drainage District, Drainage Channel Debris Removal, Project Worksheet (PW) 41
Reference: Debris Removal, Duplication of Benefits, Flood Control Works (FCWs)
Summary: Between June 1, 2011, and August 1, 2011, severe flooding caused debris and sediment to be deposited in the Elwood-Gladden Drainage District’s (Applicant) drainage ditches. FEMA prepared PW 41 on September 23, 2011, to document costs associated with removing the debris in the amount of $69,215, including $68,815 in contract costs and $400 in Direct Administrative Costs. On January 17, 2012, FEMA determined that the work was ineligible and reduced the eligible amount for PW 41 to zero dollars. Although the debris was a direct result of the disaster, the review determination for PW 41 states that the work is ineligible for FEMA assistance because the debris was located in outlet channels to the Missouri River and does not pose an immediate threat. In a first appeal, dated January 4, 2012, the Applicant argued that the debris posed a threat to improved property, and that removing it was necessary because the accumulation of debris could potentially cause the adjacent levee structure to fail. FEMA denied the first appeal, reiterating that there was no immediate threat. The appeal response additionally stated that the Applicant had not demonstrated that work to remove debris from the channels, which was funded by FEMA under a preceding disaster declaration, had been completed, thereby resulting in a duplication of benefits.
In its second appeal, dated May 8, 2012, the Applicant reasserts that the debris posed an immediate threat to improved property. In support, the Applicant provided aerial photographs and assessment values for the improved property in the district. The Applicant provided copies of invoices and payments to demonstrate that the work funded under DR-1932 was completed prior to the incident period for DR-4035, and argued that funding for PW 41 would not create a duplication of benefits.
Issue: Does the documentation submitted by the Applicant demonstrate that the work to remove debris from the channels is eligible for assistance?
Rationale: Robert T. Stafford Disaster Relief and Emergency Assistance Act, Section 312, Duplication of Benefits; 44 CFR §§206.224(a)(1) and (2); and DAP 9524.3, Rehabilitation Assistance for Levees and other Flood Control Works.