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Second Appeal Brief
PA ID# 009-77000-00; Town of Westerly
PW ID# 41; Beaches-Support Documentation
Conclusion: Replacement of grass on sand dunes near the New Beach Pavilion (Site 2) is ineligible for Public Assistance (PA) funding. The Town of Westerly (Applicant) did not produce sufficient documentation to demonstrate that the sand dune was an improved and maintained feature nor is the sand dune eligible for the purpose of stabilizing slopes to protect an eligible facility.
In the first appeal, the Applicant asserted that the planting of dune grass at both Site 1 and Site 2 was necessary to stabilize the dune slopes and is eligible pursuant to FEMA Disaster Assistance Policy No. 9524.5, Tree, Shrubs, and Other Plantings Associated with Facilities. According to the Applicant, dune grass was necessary to stabilize the dune slopes. The Regional Administrator (RA) partially granted the appeal, determining that the replacement of dune grass in the vicinity of Site 1 was eligible for PA funding because the Applicant provided sufficient information to demonstrate that the dune grass was (1) essential to protecting and supporting the structural integrity and utility of the rear portion of the Site and (2) necessary to stabilize the slope upon which the facility is located. The RA also determined that the replacement of grass on the dune in the vicinity of Site 2 was ineligible because the replacement of the grass was not associated with the repair of an eligible facility. In the second appeal, the Applicant contends that the dune at Site 2 provides protection from storm surge and slope stabilization for other facilities and serves as vital mitigation measure. The Grantee adds that the Dunes are an eligible improved and maintained feature but did not produce documentation that supports this claim.
Authorities and Second Appeals
- 44 C.F.R. § 206.201(c)
- DAP 9524.5 Tree, Shrubs, and Other Plantings Associated with Facilities
- RP 9524.2 Landslides and Slope Stability Related to Public Facilities
- 44 C.F.R. § 206.201(c) defines facility as “any publicly or privately owned building, works, system, or equipment, built or manufactured, or an improved and maintained natural feature.”
- FEMA DAP 9524.5, Tree, Shrubs, and Other Plantings Associated with Facilities
- Grass and sod are eligible only when necessary to stabilize slopes and minimize erosion.
- FEMA RP 9524.2 Landslides and Slope Stability Related to Public Facilities
- Natural or improved ground that is not integral ground to an eligible facility, however, is not eligible for Public Assistance.