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Second Appeal Brief
PA ID# 003-U9VOU-00; Allegany Trails, Inc.,
PW ID# 1064; Time Limitations
FEMA-1486-DR-NY; Allegany Trails, Inc., Project Worksheet (PW) #1064Summary:
In July 2003, severe storms resulted in the Federal Emergency Management Agency (FEMA) declaring a major disaster declaration, FEMA-1486-DR-NY, on August 29, 2003. The incident produced high winds and heavy rain causing failure of a rear portion of the roof to the Kingston Hotel, a facility owned by Allegany Trails, Incorporated (Applicant). The Applicants project was originally determined to be ineligible. However, FEMA approved PW 1064 for $181,073 on November 1, 2004, for the repair of the facility to its pre-disaster condition after several site visits. The amount eligible was pro-rated based on pre-existing conditions of the facility.
In February 2005, the Applicant requested additional funding of $124,188 for damages that werent determined until the storm debris was removed. FEMA denied the request on April 29, 2005, determined the project to be an Improved Project and capped the dollar amount at $181,073 because the Applicant planned to complete repairs to the facility far beyond the original approved scope of work.
On September 30, 2005, the Applicant notified the New York State Emergency Management Office (NYSEMO) of its intent to appeal FEMAs decision to consider the project an Improved Project and to cap the PW. The Applicant did not submit its formal first appeal until November 25, 2005.
The Applicants first appeal was denied by the FEMA Region II Regional Administrator on January 10, 2006, because the Applicant planned to complete the facility far beyond the original approved scope of work and it submitted its first appeal seven months after it was notified of the denial of its request.
On March 29, 2006, the Applicant submitted its second appeal letter for $124,188 claiming that the additional damage could not be discovered during the previous inspections because it was concealed by the debris. NYSEMO partially supports the Applicants second appeal for $36,896.Issues:
Is additional funding for this project eligible?Findings:
No. The Applicant did not submit a first appeal or request a change in the scope of work within the regulatory time frame.Rationale:
44 CFR §206.206; 44 CFR §206.203(d)(1)