Debris Removal

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

DisasterFEMA-1547-DR
ApplicantBerkeley County
Appeal TypeSecond
PA ID#015-99015-00
PW ID#105
Date Signed2006-06-02T04:00:00
Citation: FEMA-1547-DR-SC; Berkeley County, South Carolina Debris Removal, PW 105

Cross-reference: Debris Removal, Other Federal Agency, FHWA

Summary: The Applicant performed debris removal from State highways as a result of Tropical Storm Gaston. FEMA determined the work to be the responsibility of another Federal agency, FHWA, and prepared Project Worksheet (PW) 105 in the amount of $0. The Applicant submitted a first appeal asserting that the debris removal was necessary to access and maintain their utilities. The Acting Regional Director denied the first appeal, stating that the debris removal was not the legal responsibility of the Applicant, but the responsibility of the FHWA. In the Applicant’s second appeal, it states that some of the roads were mistakenly identified as Federal Aid System (FAS) roads. Further, it contends that the debris removal from the FAS roads was necessary in order to access utility lines to alleviate a public health and safety risk.

Issues: (1) Is the debris removal from the non-FAS roads eligible?
(2) Is debris removal from FAS roads eligible?

Findings: (1) Yes, costs for the debris removal from the non-FAS roads are eligible.
(2) No, costs for debris removal from FAS roads are the responsibility of another Federal agency, FHWA.

Rationale: 44 CFR §206.223 (a)(3) and §206.226(a)

Appeal Letter

June 2, 2006

Mr. Ronald C. Osborne
Governor’s Authorized Representative
The State of South Carolina Military Department
Office of the Adjutant General
Emergency Management Division
2779 Fish Hatchery Road
West Columbia, SC 29172

Re: Second Appeal – Berkeley County, PA ID 015-99015-00
Debris Removal, FEMA-1547-DR-SC, Project Worksheet #105

Dear Mr. Osborne:

This is in response to your letter dated August 26, 2005, regarding the referenced second appeal on behalf of Berkeley County (Applicant). The appeal disputes the basis of the Federal Emergency Management Agency’s (FEMA) eligibility analysis and seeks funding for work associated with county-wide debris removal. The Applicant’s requested costs total $262,209.75.

After thorough review of the material submitted with the appeal, FEMA has determined that only the costs of debris removal from roads that are not Federal Aid System (FAS) roads in the amount of $5,741.75 are eligible. When the Federal Highway Administration’s (FHWA) Emergency Relief (ER) program is activated for an area, FHWA assistance is available for debris removal on FAS roads. In this case, the debris removal from FAS roads is the responsibility of another Federal agency, and FEMA cannot provide funding for debris removal from these roads. The Applicant’s appeal is partially approved.

Please inform the Applicant of this decision. The determination constitutes the final decision of this matter pursuant to 44 CFR §206.206.

Sincerely,

/S/

David Garratt
Acting Director of Recovery
Federal Emergency Management Agency

Enclosure

cc: Mary Lynne Miller
Acting Regional Director
FEMA, Region IV

Appeal Analysis

BACKGROUND

The high winds associated with Tropical Storm Gaston between August 28 and August 30, 2004, generated debris on state highways throughout Berkeley County, South Carolina (Applicant). The Applicant removed debris from the roadways and requested assistance from the Federal Emergency Management Agency (FEMA) for debris removal costs.

Although FEMA determined that the debris was removed from Federal Aid System (FAS) roads, FEMA prepared a Category A Project Worksheet (PW) 105 on November 8, 2004, to document the work and associated costs totaling $262,209.75. The debris removal was ineligible for FEMA Public Assistance funding, because the work was the responsibility of another Federal agency, the Federal Highway Administration (FHWA). Consequently, PW 105 was obligated on November 15, 2004, in the amount of $0.

First Appeal

The Applicant submitted a first appeal letter to the State, which was forwarded by the State to FEMA Region IV on January 7, 2005. The Applicant stated it was legally responsible for maintaining the water and sewer lines that are permitted in the rights-of-way of these roads. The Applicant further stated that the debris removal from these rights-of-way was necessary to have access to the utility lines for maintenance purposes.

On June 9, 2005, the Acting Regional Director denied the first appeal, stating that the debris removal was not the legal responsibility of the Applicant, but the responsibility of the FHWA, and further advised the Applicant to seek reimbursement for their expenses with the South Carolina Department of Transportation (SCDOT).
Second Appeal

The Applicant submitted a second appeal of FEMA’s determination to the State on August 19, 2005, which the State transmitted in a letter dated August 26, 2005. With its second appeal, the Applicant provided a spreadsheet listing the roads from which storm-related debris was removed, including debris quantities and associated costs. The spreadsheet divides the roads into three categories, coded green, magenta, and black.

The first category (green) identifies roads that the Applicant contends were mistakenly identified as FAS roads. The second category (magenta) represents subdivision streets that are segments of highways that are designated as FAS roads.

The Applicant states that much of the debris on these roads “appears to have been moved to these streets by residents and volunteers to aid in the debris removal process.” The Applicant stated that these roads had to be cleared in order to provide access to its water and sewer lines. The Applicant contends that the debris removal from these roads is eligible due to the necessity to access the utility lines to alleviate a public health and safety risk.

The Applicant concurs that the roads in the third category (black) are FAS roads; however, it contends that the debris removal from these roads was necessary to maintain its utility lines. Again, the Applicant contends that the debris removal from these roads is eligible due to the necessity to access the lines to alleviate a public health and safety risk.

DISCUSSION

The State provided a list of FAS roads in Berkeley County, South Carolina to FEMA. FEMA consulted the list and confirmed that certain of the “green” roads are not FAS roads. Two of the “green” roads on the list - Highway 52/Murray’s Ferry Road/Murray Drive, and Dickson Avenue - are FAS roads. The remaining “green” roads, summarized in Table 1 below, are not FAS roads. The debris removal from these roads is eligible for funding. The total eligible debris removal cost is $5,741.75.

Table 1 – Eligible Debris Removal Costs

Road Name Quantity (CY) Hauling Processing Eligible Cost
Hwy 41, Cedar Hill Ave. 30 $450.00 $232.50 $682.50
Hwy 41, United 29 $435.00 $224.75 $659.75
Hwy 41, United Dr. 30 $450.00 $232.50 $682.50
Hwy 52, Candy Branch 27 $357.75 $209.25 $567.00
Hwy 52, Dollywood 150 $1,987.50 $1,162.50 $3,150.00
TOTAL $5,741.75


The two “green” roads mentioned above, as well as the “magenta” roads, and the “black” roads are FAS roads. The Applicant contends that debris was removed from these streets to alleviate a public health and safety risk; however, the Applicant has not established that a risk to public health and safety existed. Notwithstanding the health and safety issue, debris removal from FAS roads is the responsibility of the FHWA, another Federal agency. When the FHWA’s Emergency Relief program is activated for an area, FHWA assistance is available for debris removal on FAS roads, and FEMA assistance is not available for these roads.

CONCLUSION

The Applicant has provided documentation supporting its claim for costs associated with debris removal from non-FAS roads (see Table 1). Debris removal from the non-FAS roads is eligible for funding in the amount of $5,741.75. Debris removal from FAS roads is the responsibility of another Federal agency and is not eligible for FEMA funding. The Applicant’s appeal is partially approved. A Version to PW 105 will be prepared to reflect eligible costs totaling $5,741.75.
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