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Second Appeal Brief
PA ID# 079-85152-00; City of Wilkes-Barre
PW ID# 90; Scope of Work
Citation: FEMA-1684-DR-PA, City of Wilkes-Barre, Scope of Work, PW 90
Reference: Change of Scope of Work
Summary: As a result of the November 2006 flooding in the city of Wilkes-Barre (Applicant), FEMA prepared PW 90 to remove debris from Bowman Spring Channel. The eligible disaster-related debris totaled 428 cubic yards (CY). PW 90 specifically identified locations where eligible debris was to be removed. The intent was not to remove all of the debris that was present, but to remove sufficient disaster-related debris to eliminate an immediate threat. The small project was obligated for $23,112. In the first appeal submitted on October 17, 2007, the Applicant requested to change the Scope of Work (SOW). The Applicant provided information that additional disaster related debris costing $57,164 for 10,308 cubic yards (CY) of debris was removed. FEMA denied the appeal, concluding that PW 90 provided a reasonable allowance for disaster related debris removal that could constitute an immediate threat. As part of the second appeal, the Applicant provided the following: invoices and load sheets, maps referencing location, and a summary of cost for the additional debris removal. The Applicant did not provide adequate information to justify that the additional debris removal was necessary to eliminate an immediate threat.
Issue: Did the Applicant establish that the additional debris removed was necessary to eliminate an immediate threat?
Rationale: 44 CFR § 206.221(c), Immediate threat and 44 CFR §206.224(a), Public Interest