Borough of Olyphant, PA - Land Purchase for Floodwall and Levee
Appeal Brief
Appeal Letter
Appeal Analysis
You asked that I, as Executive Associate Director for Mitigation at the Federal Emergency Management Agency (FEMA), reverse the decision of the FEMA Regional Director, Region III, because the proposed Olyphant Flood Control Project meets the eligibility requirements of the HMGP.
I have conducted a review of the application and other materials provided for this appeal. The eligibility issues identified by the Regional Director were valid concerns based upon the information
provided to her during the first appeal. However, new information that was not available to the Regional Office has been provided by the USACE during review of the second-level appeal. As a
result of that new information, I am conditionally approving the request for HMGP funds pending the submission of a revised application that should provide a detailed description of the HMGP portion of the project. Final approval of the project is subject to completion of an environmental review and benefit-cost analysis. Additionally, the Borough will need to request a conditional letter of map revision (CLOMR) from FEMA to comply with Part 60 and 65 of the National Flood Insurance Program regulations.
The staff in Region III is available to assist you and the Borough of Olyphant in moving forward with this project. I urge the Commonwealth and the Borough of Olyphant to work closely with the Regional Office in the preparation of a revised application. Should you have any questions regarding this matter, please contact Mr. Robert F. Shea, Jr., Director, Program Implementation Division, at (202) 646-3619.
Sincerely,
Appeal Brief
| Applicant | Pennsylvania Emergency Management Agency |
| Appeal Type | 2nd |
| Date Signed | 1997-06-02T00:00:00 |
1st Appeal
• Issue
o The Borough of Olyphant, PA submitted an application through Pennsylvania Emergency Management Agency (PEMA) for HMGP funding of a land purchase for construction of a floodwall and levee by the United States Army Corps of Engineers (USACE). The project was not approved, and a 1st level appeal was denied by Region III.
• Reason for Denial
o Issues contributing to the denial by Region III involved cost-share requirements and the potential for induced flooding in neighboring communities as a result of the planned flood control structures.
• Reference(s)
o 44 CFR 206.434 HMGP Eligibility; 44 CFR 206.440 Appeals
2nd Appeal
• Issue
o PEMA submitted a 2nd appeal on behalf of the Borough of Olyphant to overturn the 1st appeal denial. New information that had not been available to the Regional Office was provided by the USACE during review of the 2nd appeal.
• FEMA Findings
o The 2nd appeal decision verified validity of issues leading to the 1st appeal denial, but overturned the 1st appeal denial and provided conditional approval for HMGP funding of the project. Conditions of approval included completion of an environmental review and a benefit-cost analysis, and the request by Olyphant of a conditional letter of map revision (CLOMR) to comply with Parts 60 and 65 of the National Flood Insurance Program regulations.
o The rationale for the 2nd appeal decision was that the new information and documentation submitted by USACE provided verification that the project was eligible for HMGP funding. The new information verified that the proposed project would not induce flooding in neighboring communities. However, the report raised additional eligibility concerns, identifying hazardous materials sites in the proposed project area. USACE provided written assurance that HMGP funds would not be used to acquire contaminated land or as a non-Federal match by the Borough of Olyphant.
o Reference(s): 44 CFR 206.434 HMGP Eligibility; 44 CFR 206.440 Appeals
• Issue
o The Borough of Olyphant, PA submitted an application through Pennsylvania Emergency Management Agency (PEMA) for HMGP funding of a land purchase for construction of a floodwall and levee by the United States Army Corps of Engineers (USACE). The project was not approved, and a 1st level appeal was denied by Region III.
• Reason for Denial
o Issues contributing to the denial by Region III involved cost-share requirements and the potential for induced flooding in neighboring communities as a result of the planned flood control structures.
• Reference(s)
o 44 CFR 206.434 HMGP Eligibility; 44 CFR 206.440 Appeals
2nd Appeal
• Issue
o PEMA submitted a 2nd appeal on behalf of the Borough of Olyphant to overturn the 1st appeal denial. New information that had not been available to the Regional Office was provided by the USACE during review of the 2nd appeal.
• FEMA Findings
o The 2nd appeal decision verified validity of issues leading to the 1st appeal denial, but overturned the 1st appeal denial and provided conditional approval for HMGP funding of the project. Conditions of approval included completion of an environmental review and a benefit-cost analysis, and the request by Olyphant of a conditional letter of map revision (CLOMR) to comply with Parts 60 and 65 of the National Flood Insurance Program regulations.
o The rationale for the 2nd appeal decision was that the new information and documentation submitted by USACE provided verification that the project was eligible for HMGP funding. The new information verified that the proposed project would not induce flooding in neighboring communities. However, the report raised additional eligibility concerns, identifying hazardous materials sites in the proposed project area. USACE provided written assurance that HMGP funds would not be used to acquire contaminated land or as a non-Federal match by the Borough of Olyphant.
o Reference(s): 44 CFR 206.434 HMGP Eligibility; 44 CFR 206.440 Appeals
Appeal Letter
JUN 2 1997
Mr. Charles F. Wynne, Director
Pennsylvania Emergency Management Agency
P. 0. Box 3321
Harrisburg, Pennsylvania 17105-3321
Pennsylvania Emergency Management Agency
P. 0. Box 3321
Harrisburg, Pennsylvania 17105-3321
Dear Mr. Wynne:
This letter responds to the second level appeal filed on behalf of the Borough of Olyphant for a grant under the Hazard Mitigation Grant Program (HMGP). The grant was requested under disaster
declaration FEMA-1015-DR-PA for the purchase of land on which the United States Army Corps of Engineers (USACE) would construct a floodwall and levee.
declaration FEMA-1015-DR-PA for the purchase of land on which the United States Army Corps of Engineers (USACE) would construct a floodwall and levee.
You asked that I, as Executive Associate Director for Mitigation at the Federal Emergency Management Agency (FEMA), reverse the decision of the FEMA Regional Director, Region III, because the proposed Olyphant Flood Control Project meets the eligibility requirements of the HMGP.
I have conducted a review of the application and other materials provided for this appeal. The eligibility issues identified by the Regional Director were valid concerns based upon the information
provided to her during the first appeal. However, new information that was not available to the Regional Office has been provided by the USACE during review of the second-level appeal. As a
result of that new information, I am conditionally approving the request for HMGP funds pending the submission of a revised application that should provide a detailed description of the HMGP portion of the project. Final approval of the project is subject to completion of an environmental review and benefit-cost analysis. Additionally, the Borough will need to request a conditional letter of map revision (CLOMR) from FEMA to comply with Part 60 and 65 of the National Flood Insurance Program regulations.
The staff in Region III is available to assist you and the Borough of Olyphant in moving forward with this project. I urge the Commonwealth and the Borough of Olyphant to work closely with the Regional Office in the preparation of a revised application. Should you have any questions regarding this matter, please contact Mr. Robert F. Shea, Jr., Director, Program Implementation Division, at (202) 646-3619.
Sincerely,
Richard W. Krimm
Executive Associate Director
Mitigation Directorate
Executive Associate Director
Mitigation Directorate
Enclosure: Appeal Analysis
Appeal Analysis
Eligibility issues were involved cost-share requirements and induced flooding. A USACE Design Memorandum report, issued in late January 1997, stated the proposed project would not induce flooding in neighboring communities.
The report however raised additional eligibility concerns, identifying hazardous materials sites in the proposed project area. HMGP policy questions involved acquisition of contaminated property, HMGP cost-share requirements. Responding to FEMA concerns, USACE provided written assurance that HMGP funds would not be used to acquire contaminated land or as a non-Federal match by Olyphant Borough for the USACE portion of the project.
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