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Second Appeal Brief
PA ID# 037-99037-00; East Feliciana Parish Police Jury
PW ID# 235v3; GP2-052-PA Pilot-Right of Ways
Citation: FEMA-1786-DR-LA, East Feliciana Parish Police Jury (Applicant), GP2-052-PA Pilot-Right of Ways, Project Worksheet 235v3
Reference: Applicant Eligibility, Debris Removal, Work Eligibility
Summary: The Applicant was denied $75,075.00 for the cost incurred for removing 128 stumps because of insufficient documentation to establish eligibility. The Applicant’s first appeal questioned whether FEMA has a reasonable basis to determine the stumps ineligible. Based on what was submitted in the first appeal, the Region denied the appeal because the information provided did not support a different determination from that made by FEMA field staff. Specifically, the Applicant did not provide any evidence to support the eligibility of the removed stumps.
In the second appeal, the Applicant submitted two (2) binders containing stump tickets and photographs for each ineligible stump identified by FEMA field staff. The Applicant claims that an additional 117 stumps should be found eligible, and, in doing so, make the cost incurred for 100 percent of stump removal eligible in accordance with FEMA Fact Sheet 9580.204.
Issue: Whether the Applicant claim that more than 80 percent of the removed stumps under PW 235v3 meet FEMA’s eligibility criteria, thereby making the entirety of the claim eligible for FEMA grant assistance?
Findings: 1. The Applicants claim that more than 80 percent of the removed stumps under PW 235v3 meet FEMA’s eligibility criteria is not proven.
2. The Applicant statement, “While the photograph do not indicate that the root ball was exposed, they do not indicate that it was not exposed” which was provided to refute the decision regarding those stumps that lacked photographic or other evidence to demonstrate eligibility, is insufficient to overturn the decision that 68 stumps did not meet the criteria for removal.
3. Of the remaining 49 stumps identified in the appeal, 35 lacked sufficient evidence to overrule the eligibility determination and 14 were already identified as eligible in the PW.
Rationale: In accordance with Disaster Assistance Program DAP9523.11, Hazardous Stump Extraction and Removal Eligibility, if it is necessary to remove an uprooted stump before it can be inspected by FEMA, then the applicant must submit documentation that establishes the stump’s location on public property, the threat, stump diameter, etc. The burden of proof is on the Applicant. In this case, the Applicant has not provided sufficient evidence to support its claim that the stumps removed was consistent with FEMA’s eligibility criteria.