Between May 4 and June 21, 2015, severe storms occurred throughout Franklin County, Kansas (Applicant), causing widespread flooding. The Applicant claimed damages to the corrugated metal pipe culverts at a total of 19 sites and sections of roadways immediately adjacent to the culverts. FEMA prepared Project Worksheet (PW) 335 for $232,803.89, the estimated costs to replace the culverts and repair the roads. On August 23, 2016, FEMA issued a determination memorandum advising the Applicant that all the work it completed under PW 335 was ineligible for funding because the documentation submitted by the Applicant did not demonstrate that the damages claimed were a direct result of the disaster. The Applicant filed its first appeal on September 9, 2016, requesting $232,803.89 in costs. The FEMA Region VII Regional Administrator (RA) issued the first appeal decision on March 30, 2017, partially granting the appeal. The RA determined that the Applicant did not demonstrate that the damage at several sites was a direct result of the disaster. The RA also found that the road repairs were excessive and not supported by documentation. Finally, though, the RA found that $24,480.39 in costs associated with some sites were eligible. On second appeal FEMA found that the Final Request for Information (RFI) was deficient and remanded the appeal for the issuance of a new, more detailed Final RFI. Upon issuance of the second Final RFI and the Applicant’s response, the RA issued a second first appeal decision in which FEMA partially granted the appeal in the amount of $37,943.65. On September 6, 2018, the Applicant appealed seeking $174,102.64 in additional costs. Upon review, FEMA finds that the Applicant did not provide documentation to support the claim that the additional damages at issue were a direct result of the disaster.
Authorities and Second Appeals
- Stafford Act, §§ 325, 406 (2012).
- 44 C.F.R. §§ 206.206(a), 206.223(a)(1).
- PA Guide, FEMA 322, at 29, 33, 100.
- Republic Cty. Highway Dep’t., FEMA-4230-DR-KS, at 3 (July 26, 2017).
- Lowe Twp., FEMA-4230-DR-KS, at 4 (Feb. 1, 2018).
- According to the PA Guide and 44 C.F.R. § 206.223(a)(1), to be eligible for financial assistance, an item of work must be required as the result of the disaster.
- The Applicant did not provide documentation to demonstrate that the damages claimed were caused as a direct result of the disaster.
FEMA finds that the Applicant has not demonstrated it had a routine maintenance program in place prior to the disaster to allow FEMA to verify the predisaster condition of the sites on appeal. Moreover, the Applicant has not provided documentation that the work completed at the sites in question was required as a direct result of the disaster. Therefore, the second appeal is denied.