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Second Appeal Summary
PA ID# 091-00000; Okaloosa County
DSR ID# 37470, 10309 and 08472; Lake Silver Earthen Embankment Damage
Citation: FEMA-1195-DR-FL; Okaloosa County; DSRs 37470, 10309 and 08472, Lake Silver
Cross Reference: Eligible Facility; Inactive Facility; Time Extension; Category D
Summary: During a declared El Nino storm event in 1998, an earthen embankment and outfall structure were breached. DSRs 37370, 10309, and 08472 obligated $4,559,691 for repairs. In April 2002, the Applicant request approval of a time extension through December 2003 to complete the DSR scope of work. Since the time extension request was beyond the Grantees authority, it was forwarded to FEMA. FEMA denied the time extension because construction had not been initiated on the project. The Applicant appealed FEMAs decision in July 2002. FEMA denied the first appeal because the Applicant did not identify any extenuating circumstances as required by 44 CFR §206.204 that would support the time extension request. In its second appeal, the Applicant provided additional information to support its time extension request. In the Applicants submittal, there was information that indicated that the Lake Silver reservoir was an inactive facility at the time of the disaster. Although the embankment was breached during the declared disaster event, the outfall structure had previously been damaged in the late 1970s and was never repaired.
Issues: 1. Was the facility in active use at the time of the disaster?2. Is the facility eligible for FEMA Public Assistance Funding?3. Is the requested time extension approved?
Findings: 1. No. The Lake Silver reservoir was not functioning as a recreational or flood control facility at the time of the disaster.2. 3. No. The reservoir embankment was breached as a result of the declared disaster, but because the reservoir was not an active facility at the time of the disaster, it is not eligible for funding. There was no established budget or work plan to restore the facility until after the disaster. 4. No. The requested repairs are ineligible such that a time extension is not applicable.
Rationale: 44 CFR §206.226