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Second Appeal Brief
PA ID# 073-99073-00; San Diego County
PW ID# 796; Debris Removal
SECOND APPEAL BRIEF
San Diego County; PA ID 073-99073-00
Debris Removal, Project Worksheet 796
Citation: FEMA-1731-DR-CA; San Diego County, Debris Removal, Project Worksheet (PW) 796
Reference: General Eligibility, Debris Removal
Summary: In October 2007, wildfires burned 1,600 structures on 1,030 sites resulting in disaster-related debris on public and private property. FEMA approved the designation of San Diego County (Applicant) for removal of debris from private property. FEMA prepared PW 796 for an estimated cost of $18,686,787 to fund eligible debris removal. The PW identified as ineligible all costs associated with demolition, loading, hauling, and disposal of concrete slabs and foundations on public and private property. Other costs were ineligible due to lack of supporting documentation. In its first appeal, the Applicant claimed that the removal of concrete from private property should be eligible under the recycling provisions of the Public Assistance Pilot Program. The Applicant also identified that a portion of the concrete removal costs were related to permanent restoration at Applicant-owned facilities and provided supplemental documentation for claimed costs. FEMA partially approved the first appeal to fund concrete removal from Applicant-owned facilities and to fund other costs based on new supporting documentation. FEMA maintained that removal of foundation debris from private property was ineligible. In its second appeal, the Applicant argued that concrete removal from private property should be funded, in the amount of $6,675,115, because it was removed from the “nearest safe location” to a public right-of-way. The Applicant provided additional documentation to support other claimed costs in the amount of $136,582.
Issue: 1) Are concrete slabs and foundations on private property eligible debris?
2) Did the Applicant provide sufficient documentation to justify additional funding for eligible debris removal work?
Finding: 1) No. Removal of concrete slabs and foundations from private property was not necessary to address an immediate threat to public health and safety.
2) Yes. The Applicant provided sufficient documentation to support additional funding in the amount of $136,582.
Rationale: 44 CFR §206.223; 44 CFR §206.224; DAP 9523.13; PA Pilot Program – Program Guidance; 44 CFR §13.36