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Second Appeal Brief
PA ID# 447-10156-00; City of Brenham
PW ID# Project Worksheet 666 ; Deferred Maintenance, Predisaster Conditions
Between May 22, 2016, and June 24, 2016, torrential rain fell over the City of Brenham (Applicant) and caused severe flooding. FEMA prepared Project Worksheet (PW) 666 in the amount of $31,982.81 for repairs to a corrugated metal pipe (CMP) culvert, replacement of soil due to erosion and downstream channel improvements consisting of an articulated concrete block (ACB) revetment. Based on a site inspection, Google Maps Street View Imagery and information from the Applicant, FEMA determined the permanent repairs identified in the PW were ineligible for Public Assistance (PA) funding due to the pre-existing nature of the claimed damages. The Applicant appealed, contending the CMP and associated features were still functioning as designed/intended at the time of the declared incident, and were well within the anticipated useful life of the culvert. As the record did not provide evidence that the claimed damages occurred as a direct result of the disaster, the FEMA Region VI Regional Administrator (RA) issued a Request for Information (RFI), to which the Applicant responded. Finding the response still did not support the Applicant’s appeal, the RA issued a second RFI. In the first appeal determination, the RA noted that, as of its writing, it had not received the Applicant’s response to the final RFI. The RA partially approved the appeal for $3,527.80 to repair eroded channel banks, but denied $28,455.01 for repairs to the CMP culvert and downstream ACB revetment channel improvements, noting the Applicant had not provided sufficient information to support its claim that the culvert and revetment were not deteriorated or subject to deferred maintenance prior to the disaster, and also that the Applicant failed to demonstrate the claimed damages were the direct result of the disaster.
Authorities and Second Appeals
- 44 C.F.R. §§ 206.201(c), 206.223(a).
- PAPPG, at 14-15.
- PA Guide, at 33.
- Stutsman County, FEMA-1981-DR-ND, at 4-5, Village of Waterford, FEMA-4020-DR-NY, at 2, Lowe Township, FEMA-4230-DR-KS, at 3-5.
- Per 44 C.F.R. § 206.223(a), an eligible item of work must be required as the result of the disaster event.
- The Applicant has not provided documentation to support its claim that the culvert and channel revetment were not in a deteriorated condition and were regularly maintained prior to the disaster, and has failed to demonstrate the claimed damages were the direct result of the disaster.
The Applicant has not demonstrated that the culvert and channel revetment were not in a deteriorated condition and were regularly maintained prior to the disaster, and it failed to demonstrate the claimed damages were the direct result of the disaster, therefore the appeal is denied.