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Second Appeal Brief
PA ID# 181-U6TYS-00; Warren County Secondary Roads
PW ID# 1852; Debris Removal
Conclusion: The Applicant has not demonstrated extenuating circumstances or unusual project requirements beyond their control.
From June 1 through August 31, 2010, Warren County Secondary Roads (Applicant) experienced severe storms, tornadoes, and flooding which deposited silt on Arthur Street. FEMA obligated PW 1852 to remove silt from the road and ditches. The emergency work completion deadline was January 29, 2011, but the Applicant did not start work until August 24, 2011 and completed work on January 9, 2012. The Applicant submitted a time extension request on December 27, 2011, but the Grantee misplaced it. The Applicant submitted another time extension request on February 8, 2013, which Region VII denied. In a first appeal letter submitted June 7, 2013, the Applicant challenged the denial of the time extension request. The Grantee cited a sequence of events that were out of the control of the Applicant. The FEMA Region VII Regional Administrator (RA) determined that the Applicant did not present documentation demonstrating extenuating circumstances which prevented it from completing the work within the time allowed and denied the first appeal on September 9, 2013. The Applicant’s second appeal letter, dated September 27, 2013, reiterated the same arguments as the first appeal.
Authorities and Second Appeals
44 C.F.R. § 206.204(d)(2),
44 C.F.R. § 206.204(c)(2)(ii)
Town of Fairfax, FEMA-1046-DR-CA (June 7, 1999).
Harding University, FEMA-1472-DR-AR (Dec. 7, 2004).
44 C.F.R. § 206.204(d)(2) provides the authority for the Regional Administrator to grant or deny time extension requests. 44 C.F.R. § 206.204(c)(2)(ii) indicates that the Grantee can grant a time extension request if the applicant shows “extenuating circumstances or unusual project requirements beyond the control of the subgrantee.”
Second Appeal, Town of Fairfax, FEMA-1046-DR-CA: The Applicant submitted a request for a net small project overrun, but the Grantee never received it or forwarded it to FEMA. The Applicant claimed there was a “breakdown in the system.” FEMA denied the appeal since the request was not received by the deadline.
Second Appeal, Harding University, FEMA-1472-DR-AR: The Applicant cited misinformation and a lack of understanding of the FEMA Public Assistance program as a reason for a late RPA submittal. FEMA denied the appeal.