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Second Appeal Brief
PA ID# 245-99245-00; Jefferson County
PW ID# Multiple ProjectWorksheets; Documentation
FEMA-1606-DR-TX, Jefferson County (Applicant)
Documentation, Debris Removal
Jefferson County, Texas was struck by Hurricane Rita on September 23, 2005. After the hurricane, the Applicant removed and disposed of an estimated 2,500,000 cubic yards of vegetative and other debris. The cleanup and removal was accomplished, in part, with the use of dump trucks, front end loaders, bull dozers and other heavy equipment. As part of its debris management plan, the Applicant established three temporary debris collection sites. The largest of the debris collection sites was established at the Beaumont Municipal Airport located at 455 Keith Road, Beaumont, Texas 77713. Seven roads Boyt, Lawhorn, Johnson, Labelle, Willis, South League and Steinhagen served as major thoroughfares to and from the debris collection sites. Each of the identified roads is a county road, built and maintained according to county specifications and standards. The Applicant claims that the pooling of water from the hurricane, combined with the use of heavy trucks and equipment to remove the debris from the roads and abutting ditches and the use of heavy equipment to transport the debris over county roads to the debris collection sites resulted in damage to the identified roads. The Applicant has submitted seven PWs for damage caused to the county roads leading to the debris collection sites. The total amount claimed for the seven PWs is $173,162.
A review of the PWs reveals that the actual amount at issue is $197,337. At the request of the Applicant, two FEMA/State inspector teams visited the sites and reviewed the claimed road damages. Both teams found the claimed damages were not disaster-related and therefore were ineligible. FEMA requested additional documentation, including road maintenance records, to support the appeal. The Regional Administrator denied the first appeal because the Applicant did not provide additional information or documentation sufficient to support its claim.
Did Applicant supply documentation sufficient to support its claims?
Stafford Act §423; 44 CFR §206.206(a), 44 CFR §206.223