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Second Appeal Brief
PA ID# 083-99083-00; Houston County
PW ID# Unwritten Project Worksheets; County-Wide Road, Bridge, and Culvert Damage
Citation: FEMA-1909-DR-TN, Houston County, County-wide Road, Bridge, and Culvert Damage, Unwritten Project Worksheets (PWs)
Cross-Reference: Pre-disaster Condition; Roads
Summary: Between April 30, 2010, and May 18, 2010, severe storms and flooding caused damage to roads, bridges, and culverts throughout Houston County. Houston County (Applicant) requested Public Assistance funding for the repair of the disaster damage, and FEMA approved 98 PWs for the repairs for a total of $1,356,670. In early 2011, the Applicant supplied FEMA with a list of roads that were “omitted” from the 98 PWs. FEMA determined that all eligible road, culvert, and bridge repairs were funded through the approved PWs and determined that the additional damage submitted by the Applicant was not disaster related. Further, FEMA determined that the Applicant submitted the request for additional damage after the deadline for reporting damages for the event. The Applicant submitted its first appeal on October 18, 2011, claiming that FEMA omitted repairs of 123 damaged roads from the approved PWs. The Applicant claimed that it identified the damage to these additional roads to the FEMA Project Specialist within the deadline in July 2010, and FEMA neglected to include the repair of the damage in the approved PWs. The FEMA Region IV Regional Administrator denied the appeal on May 11, 2012, stating that the Applicant had not submitted sufficient documentation that the additional damage was disaster related. The Regional Administrator’s determination was based on a review of all approved PWs, the supporting documentation submitted by the Applicant, and notes in the Case Management File prepared by the FEMA Project Specialist stating that “FEMA personnel inspected 340 miles of roads within the Applicant’s jurisdiction and found that a large percentage of the road damage appeared to be routine maintenance and not eligible for FEMA reimbursement.” The Applicant submitted its second appeal on July 12, 2012; however, the FEMA Regional Administrator did not receive the second appeal until May 16, 2013. Although not specifically cited as the amount in dispute, the Applicant states that the cost of the additional work completed on the roads not included on PWs is $238,553.
Issues: Did the Applicant demonstrate that the damage was caused by the declared event?
Findings: No. The Applicant did not sufficiently demonstrate the pre-disaster condition of the roads and that the damage was caused by the event.
Rationale: 44 CFR §206.223(a), General work eligibility