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Mexico Beach Emergency Berm
Appeal Brief
Appeal Letter
Citation: FEMA-1344-DR-FL; Bay County, Denial of Time Extension; Project Worksheet (PW) 40
Cross-reference: Time Limitations
Summary: In October of 2000, Tropical Storm Helene eroded the shoreline of Mexico Beach in Bay County (County). The Federal Emergency Management Agency (FEMA) approved PW 40 in January 2001 for the placement of an emergency berm to protect public and private improved property from being damaged by an event that could reasonably occur within a five-year period. The County requested, and received, two six-month time extensions, to end in April 2002, to complete the project. The basis for granting the time extensions was the County could not start the work between May 1 and November 1, because work on the beach was prohibited during the sea turtle nesting season. The County submitted another request for a time extension to April 2003 in March 2002. FEMA received the request in
July 2002 and subsequently denied it because the County had not made any significant progress on the project, including the design. The County submitted a first appeal on November 4, 2002, claiming that the need for a time extension was due to delays by FEMA and the Florida Department of Community Affairs (State) in processing its previous requests and the constraints of the sea turtle nesting season. The FEMA Region IV Regional Director denied the appeal on March 6, 2003, because the County had been given sufficient time to start and complete the project, and did not demonstrate any extenuating circumstance that warranted an additional time extension. The County submitted its second appeal on June 24, 2003. The County stated that given the delays from the State and FEMA, the only period it had to complete the project was outside of the eligible time frame or during the environmentally prohibited period. The State supports the Countys second appeal for an additional time extension to complete the emergency berm on Mexico Beach.
Issues: Is a time extension warranted?
Findings: No. The County did not submit any information to support a time extension to complete the project.
Rationale: 44 CFR §206.204
Appeal Brief
| Disaster | FEMA-1344-DR |
| Applicant | Bay County |
| Appeal Type | Second |
| PA ID# | 005-99005-00 |
| PW ID# | 40 |
| Date Signed | 2003-12-19T05:00:00 |
July 2002 and subsequently denied it because the County had not made any significant progress on the project, including the design. The County submitted a first appeal on November 4, 2002, claiming that the need for a time extension was due to delays by FEMA and the Florida Department of Community Affairs (State) in processing its previous requests and the constraints of the sea turtle nesting season. The FEMA Region IV Regional Director denied the appeal on March 6, 2003, because the County had been given sufficient time to start and complete the project, and did not demonstrate any extenuating circumstance that warranted an additional time extension. The County submitted its second appeal on June 24, 2003. The County stated that given the delays from the State and FEMA, the only period it had to complete the project was outside of the eligible time frame or during the environmentally prohibited period. The State supports the Countys second appeal for an additional time extension to complete the emergency berm on Mexico Beach.
Appeal Letter
December 19, 2003
Mr. W. Craig Fugate
Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Second Appeal Bay County, PA ID 005-99005-00, Mexico Beach Emergency Berm, FEMA-1344-DR-FL, Project Worksheet (PW) 40
Dear Mr. Fugate:
This is in response to your facsimile transmittal letter dated July 2, 2003, that transmitted the referenced second appeal on behalf of Bay County (County). The County is requesting reconsideration of the Federal Emergency Management Agencys (FEMAs) decision to deny a time extension to complete construction of an emergency berm at Mexico Beach.
As a result of erosion of the shoreline at Mexico Beach during Tropical Storm Helene in October of 2000, FEMA approved PW 40 in January 2001 for the placement of an emergency berm to protect public and private improved property from being damaged by an event that could reasonably occur within a five-year period. The County requested and received two six-month time extensions to April 2002 to complete the project. The reason for granting the time extensions was that the County could not work between May 1 and November 1 because work on the beach was prohibited during the sea turtle nesting season. The County submitted another request for a time extension to April 2003 in March 2002. FEMA received the request in July 2002 and subsequently denied it because the County had not made any significant progress on the project, including the design.
The County submitted a first appeal on November 4, 2002, claiming that the need for a time extension was due to delays by FEMA and the Florida Department of Community Affairs (State) in processing its previous requests and the constraints of the sea turtle nesting season. The FEMA Region IV Regional Director denied the appeal on March 6, 2003, because the County had been given sufficient time to start and complete the project and did not demonstrate any extenuating circumstance that warranted an additional time extension.
The County submitted its second appeal on June 24, 2003. The County restated that, in addition to delays caused by the work prohibition during the sea turtle nesting season, it was not notified of project and time extension approvals in a timely manner and, therefore, could not commence work without the certainty of funds availability.
FEMA obligated PW 40 on January 30, 2001, at which time the Federal share of funding was available to the State for disbursement to the County on a reimbursement basis. The County had 15 months with the approved time extensions in which to design and construct the emergency berm, more than adequate time even with the prohibited period from May 1 through November 1 for sea turtle nesting season. The County failed to make any progress that would warrant an additional time extension. Therefore, the appeal is denied.
Please inform the County of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Kenneth O. Burris, Jr.
Regional Director
FEMA, Region IV
Mr. W. Craig Fugate
Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Second Appeal Bay County, PA ID 005-99005-00, Mexico Beach Emergency Berm, FEMA-1344-DR-FL, Project Worksheet (PW) 40
Dear Mr. Fugate:
This is in response to your facsimile transmittal letter dated July 2, 2003, that transmitted the referenced second appeal on behalf of Bay County (County). The County is requesting reconsideration of the Federal Emergency Management Agencys (FEMAs) decision to deny a time extension to complete construction of an emergency berm at Mexico Beach.
As a result of erosion of the shoreline at Mexico Beach during Tropical Storm Helene in October of 2000, FEMA approved PW 40 in January 2001 for the placement of an emergency berm to protect public and private improved property from being damaged by an event that could reasonably occur within a five-year period. The County requested and received two six-month time extensions to April 2002 to complete the project. The reason for granting the time extensions was that the County could not work between May 1 and November 1 because work on the beach was prohibited during the sea turtle nesting season. The County submitted another request for a time extension to April 2003 in March 2002. FEMA received the request in July 2002 and subsequently denied it because the County had not made any significant progress on the project, including the design.
The County submitted a first appeal on November 4, 2002, claiming that the need for a time extension was due to delays by FEMA and the Florida Department of Community Affairs (State) in processing its previous requests and the constraints of the sea turtle nesting season. The FEMA Region IV Regional Director denied the appeal on March 6, 2003, because the County had been given sufficient time to start and complete the project and did not demonstrate any extenuating circumstance that warranted an additional time extension.
The County submitted its second appeal on June 24, 2003. The County restated that, in addition to delays caused by the work prohibition during the sea turtle nesting season, it was not notified of project and time extension approvals in a timely manner and, therefore, could not commence work without the certainty of funds availability.
FEMA obligated PW 40 on January 30, 2001, at which time the Federal share of funding was available to the State for disbursement to the County on a reimbursement basis. The County had 15 months with the approved time extensions in which to design and construct the emergency berm, more than adequate time even with the prohibited period from May 1 through November 1 for sea turtle nesting season. The County failed to make any progress that would warrant an additional time extension. Therefore, the appeal is denied.
Please inform the County of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Kenneth O. Burris, Jr.
Regional Director
FEMA, Region IV