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Second Appeal Brief
PA ID# 057-UPFLP-00; Greater Lafourche Port Commission
PW ID# 01504; Port Fourchone beach erosion control structure
Citation: FEMA-1792-DR-LA, Greater Lafourche Port Commission, Port Fourchone beach erosion control structure, Project Worksheet (PW) 01504
Reference: Emergency Protective Measures
Summary: In 2008, storm surge resulting from Hurricanes Gustav and Ike eroded material from a beach erosion control structure (“shore protection structure”) in Fourchon Beach at Port Fourchon. FEMA preparedPW 01504 for $897,298 for placing dredged material in front of a shore protection structure. On September 24, 2010, a FEMA eligibility review determined that the work included in PW 01504 was ineligible in accordance with Disaster Assistance Fact Sheet 9580.8 (DAP 9580.8), Eligible Sand Replacement on Public Beaches, dated October 1, 2009, which states that for sand replacement to qualify as an eligible emergency protective measure, it must, pursuant to Title 44 of the Code of Federal Regulations (44CFR) § 206.225(a)(3), protect life and improved property from damage from a 5-year storm. In the first appeal, dated April 14, 2011, the Applicant stated that the placement of the dredged material on the seaward side of the protection structure prevented further erosion and enhanced the protection of the Port facility. The Applicant explained that the original purpose of the dredging contract was to repair damage to the inland side of the protective structure from Hurricane Katrina. However, after Hurricanes Gustav and Ike, the Applicant determined that the material would be best used by placing the dredge materials on the seaward side of the protective structure in order to add height and prevent total destruction of the shore protection structure from a future disaster. The Regional Administrator denied the appeal on August 31, 2011, stating that the beach protection structure was not at risk of significant damage from a 5-year storm, since it had recently been impacted by two hurricanes within 11 days of each other.
In the Applicant’s second appeal, dated November 23, 2011, the Applicant asserted that FEMA had misunderstood the reason for placing the dredged materials on the seaward side of the protective structure. Additionally, the Applicant contended that DAP9580.8 was published more than a year after the declaration of Hurricanes Gustav and Ike and was, therefore, not applicable to FEMA-1792-DR-LA.
Issue: Is the placement of dredged materials on the seaward side of the shore protection structure an eligible Category B, emergency protective measure?
Finding: Yes. The Applicant sufficiently established that the completed work reduced the threat of additional damage to improved property from a 5-year storm.
Rationale: DAP9580.8 Eligible Sand Replacement on Public Beaches, dated October 1, 2009; 44CFR § 206.225(a)(3)