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Second Appeal Brief
PA ID# 000-UV3BY-00; Texas General Land Office
PW ID# 10922; McFaddin Beach and Dune System
Citation: FEMA-1791-DR-TX; Texas General Land Office, McFaddin Beach and Dune System Project Worksheet (PW) 10922
Reference: Sand Replacement
Summary: The Applicant has requested funding for the replacement of 65,000 cubic yards (CY) of sand that it claimed was lost along its McFaddin Beach and Dune areas as result of heavy winds and storm surge related to Hurricane Ike. FEMA denied this request because the Applicant was unable to furnish as-built plans; provide documentation of a periodic re-nourishment maintenance program; or records of past re-nourishments.
On May 27, 2010, the Applicant submitted its first appeal and provided as-built plans and Light Detection and Ranging (LIDAR) images of the area from 2001 through 2008. The Applicant amended its first appeal on September 15, 2010, and withdrew the McFaddin Beach portion of the area from its appeal. According to the Applicant, it had not maintained the beach area. The Applicant maintained that the Dune had not required maintenance prior to Hurricane Ike. FEMA denied the Applicant’s appeal on October 26, 2010. The Applicant submitted its second appeal on January 7, 2011. The Applicant maintains that the entire beach should be eligible. The Applicant also argued that FEMA should review the McFaddin Beach and Dune areas as two distinct projects. While the beach and the dune may be distinct facilities, it is evident that the Applicant did not maintain either prior to Hurricane Ike.
Issue: Are unmaintained beaches eligible for sand replacement?
Rationale: 44 CFR §206.226 (j)(2), Restoration of damaged facilities. Improved beaches