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Second Appeal Summary
PA ID# 000-92107-00; NC Department of Parks and Recreation
DSR ID# Multiple Dsrs; Debris Removal Monitoring/ Pre-Exisiting Damage
FEMA-1134-DR-NC, NC Department of Parks and Recreation,
OIG Audit Report # DA-33-04, Multiple DSRs
Debris Removal Monitoring and Pre-Existing Damage
The North Carolina Division of Parks and Recreation (Applicant) sustained extensive damage as a result of Hurricane Fran (FEMA-1134-DR-NC; September 6, 1996). The Applicant requested assistance from the Federal Emergency Management Agency (FEMA) for debris removal from eight state parks and the repair of the Kerr Lake shoreline. In 1997, FEMA obligated multiple Damage Survey Reports (DSRs), for the estimated cost of debris removal totaling $1,177,169; the estimated cost ($122,895) of project management of the debris removal contracts; and the restoration of the Kerr Lake Shoreline and boat ramps ($3,396,228). On January 7, 1999, FEMA obligated DSR 36859 for $3,927,273, to fund the cost overruns for all eight debris removal contracts and the project management contract based on a Final Inspection Report. Following the closeout of the Applicant’s public assistance grants, the Office of Inspector General (OIG) conducted an audit of the Applicant’s large projects. The result of the audit was to de-obligate $6,598,651 associated with debris removal performed outside of the eligible scope of work and repair to preexisting damage to the Kerr Lake shoreline and boat ramps. On October 13, 2005, the Applicant submitted the first appeal of the audit, arguing that all debris removal performed was necessitated by a risk to public safety and that no claim was made for repairs to preexisting damage to the Kerr Lake shoreline. On March 1, 2006, FEMA denied the first appeal, concurring with the OIG’s determination. The Applicant requested that its first appeal be submitted as a second appeal with no additional documentation. The second appeal was transmitted on April 27, 2006.
1. Was all debris removal performed within the approved scope of work of the debris removal DSRs?
2. Are costs related to repairing Lake Kerr shoreline eligible for reimbursement?
1. No. However, the Applicant is eligible for additional debris removal costs.
2. Yes. Some of the costs are eligible.
44 CFR §206.206; 44 CFR §206.223