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Second Appeal Brief
PA ID# xxx-xxxxx; Flagler County
PW ID# 899, 115 and 119; Debris Removal from Private Roads
FEMA-1539/1545-DR-FL, Flagler County, PWs 899, 115 and 119
Legal Responsibility, Debris Removal, Private Property
FEMA prepared PW 899 to reimburse the Applicant for removing eligible debris from County roads following Hurricane Charley and PWs 115 and 119 for removing debris after Hurricane Frances. FEMA subsequently de-obligated $83,364 from PW 899, $170,786 from PW 112 and $71,919 from PW 119 because it determined that the Applicant had removed debris from private roads in gated communities and from roads on the Federal Aid System (FAS). The Applicant submitted its first appeal claiming that FEMA had incorrectly classified County roads as private and FAS roads. The Regional Administrator denied this appeal, stating that the Applicant had not shown that it was legally responsible for removing debris from private 115 and 119 indicates that the Applicant is claiming $324,259 for moving debris from County private roads.
1. Did the Applicant submit information to support its claim that FEMA incorrectly classified some county-maintained roads as private and Federal Aid System roads?
2. Did the Applicant demonstrate that it had legally responsible for debris removal from private roads in gated communities?
44 CFR §206.223(a)(3); 44 CFR §206.224(a), 42