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Denial of Funding
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Summary: As a result of damages caused by Hurricane Rita, FEMA prepared PW 3461 to replace the Applicants fire station and contents. The estimated eligible costs were reduced to $250 based on insurance proceeds. The Applicant requested an improved project to construct a larger fire station and intended to move the fire station out of the floodplain. The scope of work for PW 306 included replacing the fire station communications tower, communications equipment, antennas, and a flagpole, and included a hazard mitigation proposal for a total estimated cost of $168,391. These items would be located at the site of the new fire station. PW 3695 was prepared for $31,027 to replace a 75-foot hose tower. However, the Applicant did not intend to replace the tower and instead requested an alternate project to construct a base for the communication tower at the new fire station site. In May 2007, FEMA learned that the Applicant had begun clearing the site of the new facility prior to the completion of FEMAs environmental assessment and subsequently determined the total estimated cost for these PWs, $199,668, was not eligible for reimbursement. The Applicant submitted its first appeal on August, 15, 2007. It presented a timeline of events prior to May 2007 and stated that it was being penalized for FEMAs bureaucratic mistakes. FEMA denied the appeal on September 19, 2007, stating the Applicant was aware that it would jeopardize FEMA funding if site preparation or construction occurred prior to the completion of the environmental assessment, which had begun in March 2007. The Applicant submitted its second appeal on November 8, 2007. It reiterated its position from the first appeal.
Issues: Are costs related to the replacement of the fire station and contents, communications tower, communications equipment and antennas, flagpole, and hose tower, and construction of a base for the tower eligible for reimbursement?
Findings: Partially, only the costs of items that did not require an environmental assessment are eligible. The communications equipment and antennas have an independent utility that is not connected to the ground-disturbing activities.
Rationale: 44 CFR Part 10, 44 CFR §206.226(h)
Second Appeal Brief
FEMA-1606-DR
PA ID# 361-09B00-00; Orange County Emergency Services District #1
PW ID# Project Worksheets 306, 3461, 3695; Denial of Funding
07/29/2008
Cross-reference: Alternate Project, Improved Project, Environmental Compliance PA ID# 361-09B00-00; Orange County Emergency Services District #1
PW ID# Project Worksheets 306, 3461, 3695; Denial of Funding
07/29/2008
Summary: As a result of damages caused by Hurricane Rita, FEMA prepared PW 3461 to replace the Applicants fire station and contents. The estimated eligible costs were reduced to $250 based on insurance proceeds. The Applicant requested an improved project to construct a larger fire station and intended to move the fire station out of the floodplain. The scope of work for PW 306 included replacing the fire station communications tower, communications equipment, antennas, and a flagpole, and included a hazard mitigation proposal for a total estimated cost of $168,391. These items would be located at the site of the new fire station. PW 3695 was prepared for $31,027 to replace a 75-foot hose tower. However, the Applicant did not intend to replace the tower and instead requested an alternate project to construct a base for the communication tower at the new fire station site. In May 2007, FEMA learned that the Applicant had begun clearing the site of the new facility prior to the completion of FEMAs environmental assessment and subsequently determined the total estimated cost for these PWs, $199,668, was not eligible for reimbursement. The Applicant submitted its first appeal on August, 15, 2007. It presented a timeline of events prior to May 2007 and stated that it was being penalized for FEMAs bureaucratic mistakes. FEMA denied the appeal on September 19, 2007, stating the Applicant was aware that it would jeopardize FEMA funding if site preparation or construction occurred prior to the completion of the environmental assessment, which had begun in March 2007. The Applicant submitted its second appeal on November 8, 2007. It reiterated its position from the first appeal.
Issues: Are costs related to the replacement of the fire station and contents, communications tower, communications equipment and antennas, flagpole, and hose tower, and construction of a base for the tower eligible for reimbursement?
Findings: Partially, only the costs of items that did not require an environmental assessment are eligible. The communications equipment and antennas have an independent utility that is not connected to the ground-disturbing activities.
Rationale: 44 CFR Part 10, 44 CFR §206.226(h)