o 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 Denial
o 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.
o 44 CFR 206.434 HMGP Eligibility; 44 CFR 206.440 Appeals
o 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 Findings
o 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