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Warwick, RI, Wastewater Treatment Facility

Appeal Brief

ApplicantRhode Island Emergency Management Agency
Appeal Type2nd
Date Signed
1st Appeal• Issueo The State of Rhode Island submitted an application for HMGP funding on March 29, 2011. The proposed project was to place a floodwall on the existing levee protecting the Warwick Wastewater Treatment Facility, to increase the level of protection from 100-year to 500-year flood level. During a flood event in March 2010 floodwaters overtopped the levee by three feet above the designed 100-year flood elevation. FEMA Region I determined the project to be ineligible for HMGP funding, by letter of May 17, 2011, and later denied a 1st appeal.• Reason for Denialo FEMA Region I determined the project to be ineligible for HMGP funding because the application lacked sufficient detail and supporting documentation necessary to fully review the scope of work, work schedule, and cost estimate, and denied the 1st appeal because the appeal had been filed more than 60 days after the appeal period ended.• Reference(s)o 44 CFR 206.434 HMGP Eligibility;   44 CFR 206.440 Appeals2nd Appeal• Issueo The State of Rhode Island submitted a 2nd appeal on behalf of the Town of Warwick to overturn the 1st appeal denial. A Preliminary Design Report was submitted in July 2012 providing a detailed engineering analysis to investigate any and all potential measures necessary for protecting the facility.o The deadline for HMGP applications under DR-1894-RI had expired. Since the submittal of the application however, two addition disaster declarations, DR–4089 and DR–4027, had provided for availability of additional funding.• FEMA Findingso Region I withdrew the initial denial of the 1st appeal, and coordination between FEMA and the State of Rhode Island to develop a complete application is ongoing.o The facility was damaged during the 2010 floods; was not damaged by Irene and received about $4,000 through insurance for damage in Sandy, challenging cost-effectiveness.   The implications of 44CFR 65.10 associated with levees will require significant EHP and FPM considerations, and will likely add time and cost to the project.o Reference(s):  44 CFR 206.434 HMGP Eligibility;   44 CFR 65.1044 Levees; CFR 206.440 Appeals

Appeal Letter

The Honorable Jack ReedUnited States SenateWashington, DC  20510   Dear Senator Reed:   Thank you for your December 18, 2012 letter to Secretary Janet Napolitano expressing your support for the City of Warwick, Rhode Island’s reconsideration of the Sewer Authority’s Wastewater Treatment Facility project, HMGP-RI-2011-10-F (DR-1894-RI), which was submitted under the Hazard Mitigation Grant Program (HMGP).   FEMA voided the denial of the initial reconsideration request for this project.  The FEMA Regional office in Boston, Massachusetts has contacted the State and applicant to work through some of the previously identified issues associated with this project.  Additionally, FEMA is providing Technical Assistance to help the city identify and develop a feasible solution for this facility.                                                                                                                                                                                                                                                                                                                                           If you have additional questions or need further assistance, please contact Dean Savramis, FEMA’s Region I Mitigation Division Director at (617) 956-7564.  A separate identical response will be provided to Senator Whitehouse and Representative Langevin, who co-signed your letter.   Sincerely,   Roy E. WrightDeputy Associate Administrator for MitigationFederal Insurance and Mitigation Administration

 

Appeal Analysis

The State of Rhode Island submitted 47 project applications on March 29, 2011 to be considered for funding under the HMGP, one of which was for the Warwick Wastewater Treatment Facility, of which flood protection to the 100-year flood elevation is provided by an earthen levee. At that time, the project application proposed a variety of mitigation measures that would protect the facility to the 500-year flood elevation. During a flood event in March 2010, the treatment facility was inundated with 10 feet of water, overtopping its levee by three feet above the designed 100-year flood elevation.   FEMA Region I provided a written response to the State's request for an eligibility determination on May 17, 2011, informing of FEMA's determination that the project was ineligible for HMGP funding because the application lacked sufficient detail and supporting documentation.   A Preliminary Design Report was prepared providing a detailed engineering analysis to investigate any and all potential measures necessary for protecting the facility in July 2012. This report is entitled Preliminary Design Report, Wastewater Treatment Facility Flood Protection andMitigation Design; Warwick, Rhode Island. According to a letter dated November 29, 2012, the report contains all the detailed infonnation which was not previously included in the original grant application.

 

Last updated Aug 19, 2014

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