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Second Appeal Brief
PA ID# 000-00B86-00; Illinois Department of Natural Resources
PW ID# 710; Scope of Work
Citation: FEMA-1416-DR-IL, Illinois Department of Natural Resources, Scope of Work, Project Worksheet (PW) 710
Reference: Change in Scope of Work, Environmental Compliance
Summary: Following heavy rains in Jersey County, Illinois, between April 21, 2002, and May 23, 2002, the Applicant sustained damage to Graham Hollow Road in Pere Marquette State Park. The road subgrade became saturated and failed, causing approximately 200 linear feet of 20-foot-wide asphalt paved roadway to settle and drop approximately six inches. FEMA prepared PW 710 for $63,131for a geotechnical study to determine the cause of the road failure and the best way to stabilize the road to prevent future slips and settlement, as well as temporary measures to stabilize the road. FEMA obligated PW 710 Version 0 on November 11, 2002. On October 8, 2008, FEMA prepared Version 1 to deobligate the funding in Version 0. PW 710 Version 1 stated that the Applicant completed an improved project, totaling $587,580, without coordinating with FEMA or completing environmental and historic preservation reviews, and since the work was already completed, this also precluded FEMA from conducting its required environmental and historic reviews. In its first appeal, dated January 28, 2010, the Applicant argued that FEMA was notified of the change in the project, and that the Applicant conducted its own environmental and historic reviews. FEMA denied the first appeal on March 29, 2010. FEMA acknowledged that the Applicant had notified FEMA of its intent to change the scope of work, but stated that the Applicant did not submit revised plans and specifications as requested. The Applicant submitted its second appeal in a letter dated May 27, 2010, arguing that there was no change in scope of work, that FEMA was aware of the work it intended to perform, and that its environmental and historic reviews were sufficient. The Applicant completed a different scope of work without providing documentation of revised plans to FEMA. Additionally, the Applicant completed the work prior to FEMA having an opportunity to conduct required environmental and historic reviews.
Issues: Is the Applicant eligible for reimbursement for costs of repairing a roadway when it performed the work without notifying FEMA of the work to be performed, which also precluded FEMA from conducting environmental and historic reviews?
Rationale: 44 CFR Part 10, Environmental Considerations; Response and Recovery Policy 9560.1, Environmental Policy Memoranda; and 44 CFR §206.206(a), Format and Content.