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Debris Removal
Appeal Brief
Appeal Letter
Citation: FEMA-1603-DR-LA, Plaquemines Parish, Debris Removal, Project Worksheet (PW) 2928
Cross-reference: Debris Removal, Emergency Protective Measures, Work Eligibility
Summary: Hurricane Katrina caused severe devastation in Plaquemines Parish (Applicant) and scattered storm-related debris throughout the Parish. Approximately 21.656 square miles of what the Applicant termed wooded areas and pasturelands were covered with an estimated 250,000 cubic yards of storm-related debris. FEMA wrote PW 2928 for $4,125,000 in estimated contract costs for the removal, transportation, reduction, and disposal of the debris. FEMA determined that the scope of work was ineligible because the areas in question were unimproved; therefore, there was no immediate threat to public health and safety. The Applicant submitted its first appeal on May 15, 2007. It stated that the debris in question was not vegetative and the areas of concern were not unimproved. The Applicant also stated that the removal of the debris was in the public interest as it was necessary to eliminate threats to life, public health, and safety, and ensure economic recovery of the community. FEMA denied the first appeal on October 5, 2007, stating that the Applicant failed to document that the debris removal was in the public interest in accordance with 44 CFR §206.224(a). The Applicant submitted its second appeal on December 14, 2007. It reiterated the statements made in its first appeal and provided additional information regarding the environmental effects of Hurricane Katrina. The Applicant provided additional information on July 1, 2008, including a binder containing photos of nine specific sites. The letter indicated that FEMA had been working with the Parish to resolve the unfunded sites from the original appeal and at this time, only nine remained unapproved for funding. The Applicant did not include an estimate for debris removal at the remaining sites but stated that the dollar amount in question was relatively insignificant compared to the $4,125,000 originally requested.
Issues: Is debris removal from the nine remaining sites eligible for FEMA funding?
Findings: No. Based on the information provided by the Applicant, the nine remaining sites are unimproved property. FEMA has consistently determined that debris removal from unimproved property and undeveloped lands is not eligible for Public Assistance funding because it is not in the public interest.
Rationale: 44 CFR §206.221(d), 44 CFR §206.224
Appeal Brief
| Disaster | FEMA-1603-DR |
| Applicant | Plaquemines Parish |
| Appeal Type | Second |
| PA ID# | 075-99075-00 |
| PW ID# | Project Worksheet 2928 |
| Date Signed | 2008-08-27T04:00:00 |
Appeal Letter
August 27, 2008
Colonel Thomas Kirkpatrick (Retired)
State Coordinating Officer
Governors Office of Homeland Security and Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, LA 70806
Re: Second AppealPlaquemines Parish, PA ID 075-99075-00, Debris Removal, FEMA-1603-DR-LA, Project Worksheet (PW) 2928
Dear Colonel Kirkpatrick:
This is in response to your letter dated February 13, 2008, which transmitted the referenced second appeal on behalf of Plaquemines Parish (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of its first appeal dated May 15, 2007. The Applicant requested $4,125,000 for debris removal following Hurricane Katrina. However, in a letter dated July 1, 2008, to FEMA, the Applicant stated that the majority of sites included in the original second appeal request had been resolved and the dollar amount associated with nine remaining sites was relatively insignificant.
As explained in the enclosed analysis, I have reviewed all information submitted with the appeal and have determined that debris removal from the nine remaining sites is not eligible for Public Assistance funding. Accordingly, I am denying this appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
Enclosure
cc: William Peterson
Regional Administrator
FEMA Region VI
Colonel Thomas Kirkpatrick (Retired)
State Coordinating Officer
Governors Office of Homeland Security and Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, LA 70806
Re: Second AppealPlaquemines Parish, PA ID 075-99075-00, Debris Removal, FEMA-1603-DR-LA, Project Worksheet (PW) 2928
Dear Colonel Kirkpatrick:
This is in response to your letter dated February 13, 2008, which transmitted the referenced second appeal on behalf of Plaquemines Parish (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of its first appeal dated May 15, 2007. The Applicant requested $4,125,000 for debris removal following Hurricane Katrina. However, in a letter dated July 1, 2008, to FEMA, the Applicant stated that the majority of sites included in the original second appeal request had been resolved and the dollar amount associated with nine remaining sites was relatively insignificant.
As explained in the enclosed analysis, I have reviewed all information submitted with the appeal and have determined that debris removal from the nine remaining sites is not eligible for Public Assistance funding. Accordingly, I am denying this appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
Enclosure
cc: William Peterson
Regional Administrator
FEMA Region VI