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Second Appeal Brief
PA ID# 045-99045-00; Gulf County
PW ID# 14; Beach Renourishment
Citation: FEMA-1806-DR-FL, Gulf County, Beach Renourishment, Project Worksheet (PW) 14
Cross-Reference: Coastal Barrier Resources Act
Summary: High wind and surf associated with Hurricane Gustav damaged approximately four miles of shoreline within the County-maintained, engineered portion of St. Joseph Peninsula Beach. The shoreline was eroded and there was also damage to existing sand fencing and sea oat plants. Erosion caused the surf to encroach on improved property. The Applicant was in the process of restoring the beach at the time of the disaster. FEMA prepared PW 14 to document the damages and scope of work required to restore the beach to its maintained, pre-disaster profile. Because the Applicant’s beach renourishment project is located in the Coastal Barrier Resources System (CBRS), FEMA consulted with United States Fish and Wildlife Service (USFWS) to determine whether the project was consistent with the purposes of the Coastal Barrier Resources Act (CBRA). USFWS determined that the project was not consistent with the purposes of CBRA, and FEMA deobligated all funding from PW 14, totaling $15,113,160. The Applicant submitted its first appeal, dated May 6, 2012, arguing that the USFWS determination was erroneous. FEMA denied the appeal on the basis that the Applicant had not submitted information to demonstrate that the project met any CBRA exceptions.
The State forwarded the Applicant’s second appeal in a letter dated November 2, 2011. The Applicant and the State reiterated their arguments from the first appeal and request full funding.
Issue: Has the Applicant demonstrated that its beach renourishment project is consistent with the purposes of CBRA, or qualifies as an exception to CBRA?
Rationale: 44 CFR Part 206 Subpart J—Coastal Barrier Resources Act.