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Second Appeal Brief
PA ID# 129-83328-00; West Leechburg Borough
PW ID# Project Worksheet 1581; Scope of Work
FEMA-1557-DR-PA; West Leechburg Borough Project Worksheet 1581Cross-reference: Scope of workSummary:
Heavy rain and surface water run-off associated with Hurricane Ivan caused an embankment failure measuring 100 feet during the design of the repair, along the downside of Woodland Drive in West Leechburg Borough (Applicant). During the design of the repair, the Applicant realized that the discharge for the existing storm water collection system was within the work site and would jeopardize the site during future rain events. In addition to the approved scope of work, the Applicant also re-routed and upgraded the storm sewer at the project location.
At final inspection, FEMA determined that the additional work was not included in the original scope of work. Further, the existing storm sewer was not damaged during the declared event; therefore, all work associated with the storm sewer portion of the project was deemed ineligible.
The Applicant submitted its first appeal on March 29, 2007, requesting that FEMA reconsider the determination of eligible costs on PW 1581. The Applicant stated that the embankment repair work necessitated the change in the storm sewer drainage course and that the drainage work was necessary to protect the integrity of the slide repair work. The Regional Administrator denied the appeal on July 5, 2007, stating that modifications to the storm sewer system and the installation of the guide rail do not meet the eligibility requirements as outlined in 44 CFR §206.223(a) as they were not damaged as a direct result of the disaster.
The Applicant submitted its second appeal on December 14, 2007, again requesting reconsideration of eligible costs. The Applicant provided a report from Bove Engineering Company stating that the drainage work was necessary to protect Woodland Drive from a 5-year rain event.Issues:
1) Was the sewer system damaged as a result of the declared event? Findings:
44 CFR §206.223(a).