Appeal Deadlines

July 7, 2006

Michael M. Cline
Governor’s Authorized Representative
Commonwealth of Virginia
Department of Emergency Management
10501 Trade Court
Richmond, VA 23236-3713

Re: Second Appeal – Sussex Service Authority, PA ID 183IPB3W-00,
Appeal Deadlines, FEMA-1491-DR-VA, Project Worksheet 816

Dear Mr. Cline:

This is in response to your letter dated April 4, 2006, appealing the denial by the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) of additional funding of $47,844 on behalf of the Sussex Service Authority (Applicant).

On September 18, 2003, winds from Hurricane Isabel severely damaged a communications tower located at the Applicant’s Wakefield Pump Station. On November 15, 2003, FEMA prepared Project Worksheet (PW) 816 for $53,105 in estimated costs to repair the damaged facility. Following completion of the work, FEMA conducted a final inspection of the project. However, due to extenuating circumstances following the disaster, including the loss of the Applicant’s staff accountant, the Applicant was only able to document $8,751 in repair work on the tower. Consequently, on July 22, 2004, FEMA deobligated the balance of $44,354 on PW 816.

On July 15, 2005, the Applicant transmitted documentation to the Virginia Department of Emergency Management (VDEM) to substantiate a total claim of $52,694 on PW 816 ($43,943 of costs in addition to the $8,751 already obligated). On July 26, 2005, VDEM forwarded these documents to FEMA Region III with a request to conduct another final inspection to include the Applicant and the staff of VDEM. FEMA treated VDEM’s letter as a first appeal, which it denied in a letter dated September 13, 2005, because the Applicant had not provided information to relate the documented costs to the approved scope of work on PW 816. An additional reason for the denial was the fact that the appeal was not filed by the 60-day deadline required by FEMA’s regulations, but rather was filed more than ten months after the deobligation occurred.

On April 4, 2006, VDEM filed a second appeal with FEMA on behalf of the Applicant in which the Applicant provided documentation supporting repair costs of $47,844 in addition to the $8,751 already obligated, for a total claim of $56,595. In its letter VDEM acknowledged that it had not provided the Applicant with adequate technical support regarding project documentation and the appeals process.

An appellant is required by 44 Code of Federal Regulations (44 CFR) § 206.206(c) to file an appeal within 60-days of receiving notice of the action being appealed, and further requires the Grantee to forward such appeals to the Regional Director within 60-days of receipt from the Applicant. Due to the fact that the Applicant’s second appeal was not filed until more than six months following the denial of the first appeal, I am denying this appeal.

Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR § 206.206.

Sincerely,
/s/
David Garratt
Acting Director of Recovery
Federal Emergency Management Agency

cc: Patricia G. Arcuri
Acting Regional Director
FEMA Region III