o The original application proposed to upgrade the existing storm-water management system by adding a pumping station and gravity conveyance system to a residential area. The first phase of the project application, pump station construction, was denied on the basis of inadequate flood mitigation benefits. The State appealed the denial on behalf of the subapplicant. FEMA then found that an EPA grant was awarded to construct a pump station, and that duplication of federal funding (DOB) could result if that element of the scope of work (SOW) were to be funded by FEMA. A site visit also revealed that the construction of the pump station had begun.
• Reason for Denial
o Region IV denied the 1st appeal on the grounds that construction of the pump station, included in the SOW supporting the HMGP application, had been initiated prior to HMGP funding approval.
o 44 CFR 206.434.c(5) Eligibility; 44 CFR 206.440 Appeals
o The State submitted a formal 2nd appeal of FEMA’s decision to deny further consideration for construction of the pump station, but no new information was provided by the State. The appeal referred to FEMA’s response time of 2.5 years for HMGP application review and initial denial, impeding needed mitigation for public health, safety and welfare; and to FEMA’s initial erroneous initial application denial.
• FEMA Findings
o FEMA HQ denied the 2nd appeal, upholding Region IV’s decision to deny the 1st appeal.
o The rationale for the 2nd appeal denial was that no additional information was provided during the 2nd appeal and construction of the project was underway prior to award of the requested grant.
o Reference(s): 44 CFR 206.440 Appeals; 44 CFR 206.434 Eligibility; 44 CFR 206.436(d) Application Procedures