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Public Beach Clean-up
Appeal Brief
Appeal Letter
Appeal Analysis
Citation: FEMA-1491-DR-VA; Town of Colonial Beach; Public Beach and Swim Area Clean-up, PW #1849-0
Cross-reference: Debris Removal; Immediate Threat; Applicant-owned Equipment
Summary: As a result of Hurricane Isabel on September 18, 2003, mixed debris accumulated on the beach and in the swim area of a public beach in the Town of Colonial Beach (Applicant). FEMA prepared PW 1849 for removal of the debris in the amount of $243,055.44 for cleanup of the sanded beach and the surf zone. After posting a request for proposals, only one bid was received, for $918,591.40. Through submittal of a first appeal, the Applicant requested that FEMA pay for the additional costs. The Regional Director reviewed the project and the request and found that the requested work was not eligible because the area was unimproved and the debris did not pose a threat. The appeal was denied and the original PW de-obligated. In the second appeal the Applicant showed that the area was improved, and maintained through a United States Army Corps of Engineers (USACE) project, thus was eligible for funding. The Applicant asserts that disaster-debris remains on the beach, and potentially under the water line, and that the debris poses an immediate threat. The Applicant is requesting funding for debris removal, including the cost of the purchase of a debris rake/tractor.
Issues: (1) Is there an immediate threat due to debris accumulation?
(2) Is the purchase of a beach rake/tractor eligible for FEMA funding?
Findings: (1) No. There is no evidence that debris below the waterline is actually present or that it presents a threat. Additionally, site visits confirmed that no debris was present on the sanded areas that would pose an immediate threat. While the Applicant asserts that minor amounts of debris may remain within the sanded areas of the beach, access to the beach is generally unrestricted by the Applicant and the USACE. These observations and occurrences demonstrate that the threat of glass or other objects is minute enough that it could no longer be considered an immediate threat to life, public health, and safety.
(2) No. FEMA can pay for the cost of daily use, but not the purchase of new equipment. A reasonable hourly rate for the equipment was determined using local cost estimates collected at the time of the disaster. Eligible funding is limited to efforts completed prior to the first appeal determination date as described in the analysis.
Rationale: 44 CFR §206.224, 44 CFR §206.228
As a result of Hurricane Isabel on September 18, 2003 (FEMA-1491-DR-VA), debris accumulated on a public beach and in a swimming area in the Town of Colonial Beach, Virginia (Applicant). The Applicant feared that both the visible debris and hidden debris in the water and mixed with the sand could injure beach goers. The Applicant requested assistance from the Federal Emergency Management Agency (FEMA) to remove the mixed debris.
On January 28, 2004, a FEMA Project Officer prepared Project Worksheet (PW) 1849 for $243,055.44, based on a scope of work and cost estimate prepared by the United States Army Corps of Engineers (USACE). The PW included removing mixed debris from two areas: a 3000 ft x 200 ft beach area and a 3000 ft x 300 ft tidal area. The PW included the lease of several large pieces of equipment, including an aquatic excavator, a surf rake, a tractor, and a spreader. The PW stated that the Applicant would hire a contractor to perform work by proper procurement.
First Appeal
After soliciting proposals from local contractors, only one bid was received for the clean-up project. The bid was for $918,591.40, significantly more than the PW cost estimate. The Applicant submitted a request for funding to cover the additional cost to the Commonwealth of Virginia Department of Emergency Management (State) on April 13, 2004. The State transmitted this request to the Regional Director in a letter dated April 22, 2004. While waiting to hear from FEMA, the Applicant performed some initial beach clean-up activities, and posted swimmer safety signs. Large debris was removed by contractors.
The Acting Regional Director denied the appeal for additional funds and de-obligated the original funds in a letter dated August 10, 2004, maintaining that the area is an unimproved, natural stretch of beach, not covered by FEMA funding. Furthermore, the denial noted that the beach and swim areas were currently being used, proving that the debris was not an immediate threat to life, public health and safety, a criteria for FEMA assistance according to Title 44 of the Code of Federal Regulations (44 CFR) Section 206.224.
The Acting Regional Director stated that costs already incurred for completed clean-up efforts could be submitted for consideration.
Second Appeal
The Applicant submitted a second appeal of FEMAs determination to the State on October 6, 2004. The Applicant disputed the Acting Regional Directors determinations during the first appeal on two accounts: 1) The area is an improved area; USACE has on-going beach replenishment projects in the area. 2) There is still a public threat; people have been injured and the Public Works employees who comb the beach on a daily basis continue to find broken glass in the area. The Applicant submitted a spreadsheet noting $54,615 worth of costs already spent on the clean-up efforts on October 29, 2004. Of those costs, $38,000 is for the purchase of a beach rake/tractor.
The State transmitted the Applicants appeal in a letter dated November 19, 2004. The State points out that FEMA representatives recommended that the Applicant request funding to clean the beach and swim areas, and that the Applicant took, FEMA at their word.
DISCUSSION
The primary issue of the Applicants appeal is that the remaining debris presents an immediate threat to life, public health, and safety. Consideration for funding this scope of work is provided below.
Assessment of Debris Presenting an Immediate Threat
Much of the cost for debris removal is associated with potential debris located below the waterline. However, in the almost two years since the hurricane, such debris has not presented itself in a manner to quantify its presence or to require its removal. In fact, the presence of any such materials has been referred to within the appeal documentation as suspected, possible, likely, unknown, and to be determined. Without specific evidence after this period of time that such debris is present and posing an immediate threat, it is not reasonable to approve funds for the investigation of its presence or removal. It is more likely that any waterborne debris has been cleared by tidal activity. It is further noted that debris that may present itself from the waterline at this time, nearly two years after the event, would be difficult to attribute directly to the Hurricane Isabel disaster.
Regarding the debris on the beach itself, the Applicant states that there were several minor injuries from broken glass and bottles on the beach. In their October 6, 2004, letter to the State, the Applicant maintains that Public Works employees who comb the beach daily find broken glass and other health hazards related to Hurricane Isabel. Signage has been posted warning the public of possible debris in the water with a recommendation that swimmers and waders wear shoes. However, access to the beach has not otherwise been restricted by the Applicant or the USACE. During subsequent site visits by FEMA staff during the first appeal review, FEMA confirmed that the beach remained open to the public, the public was in fact using the beach and the waters, and no observable debris in or above the waterline was documented. These observations and occurrences demonstrate that the threat of glass or other objects is minute enough that it could no longer be considered an immediate threat to life, public health, and safety.
Assessment of Eligible Costs
The Applicant also requests that the initial PW amount be re-obligated because FEMA continually made verbal promises to them that cleaning up the beach was an eligible cost. In response to the first appeal, the Acting Regional Director confirmed that funds associated with specific eligible debris removal actions incurred to the time of the determination of deobligation would be funded (date of first appeal, August 10, 2004).
To date, the Applicant has only submitted $54,615 worth of clean-up costs, rather than the original PW amount of $243,055.44. Of the incurred costs, $16,615 is associated with drainage pipe repair, large debris removal, and swimmer safety signs as shown in their spreadsheet dated October 29, 2004. These costs are found eligible for reimbursement.
The remaining cost of $38,000 is for the purchase of a new beach rake/tractor. The purchase of such equipment in totality is not directly reimbursable. Rather, eligible funding for such equipment is limited to the cost of using the equipment while conducting eligible work, based on a reasonable hourly rate for equipment usage and documented usage of the equipment as it relates to removal of disaster-related debris. Consistent with the determination of the eligible scope of work, the duration for usage of this equipment would be limited to the time of the event through the first appeal determination (August 10, 2004).
Therefore, to assess a reasonable eligible cost for the use of the beach rake, the information provided in the original PW has been reviewed. Information provided in the PW indicates that a beach rake tractor could be rented locally for $900 per month. If it is assumed that the Applicant used the tool for six weeks to clean the beach of the Hurricane related debris, this cost would translate to a total of $1,350. Also within the PW was a cost estimate received by the Applicant following their request for bids for performing this work. The Applicant received a quote from a private consultant stating that it would cost $4,110 for a surf rake (equipment plus operator) to complete the job. If the Applicants labor cost associated with their operation of their beach rake ($3,000) is deducted from this bid cost, the resulting cost for the equipment would be isake rental for six weeks of use.
Therefore, it is found that the eligible costs for debris removal efforts include $16,615 associated with drainage pipe repair, large debris removal, and swimmer safety signs, and $1,350 for surf rake rental/usage, for a total eligible cost of $17,965.
CONCLUSION
Based on a review of the information provided in the Applicants second appeal, we have concluded that the Applicant has not demonstrated that the debris removal is necessary to eliminate immediate threats to life, public health and safety. Eligible funds are limited to the $17,965 for debris removal efforts completed prior to the first appeal determination date. The Acting Regional Director will prepare a PW to fund these costs. The Applicants appeal is otherwise denied.
Appeal Brief
| Disaster | FEMA-1491-DR |
| Applicant | Town of Colonial Beach |
| Appeal Type | Second |
| PA ID# | 193-18400-00 |
| PW ID# | 1849 |
| Date Signed | 2005-08-27T04:00:00 |
(2) Is the purchase of a beach rake/tractor eligible for FEMA funding?
(2) No. FEMA can pay for the cost of daily use, but not the purchase of new equipment. A reasonable hourly rate for the equipment was determined using local cost estimates collected at the time of the disaster. Eligible funding is limited to efforts completed prior to the first appeal determination date as described in the analysis.
Appeal Letter
August 27, 2005
Michael M. Cline
Governors Authorized Representative
State Coordinator,
Department of Emergency Management
10501 Trade Court
Richmond, Virginia 23236-3713
Re: Second Appeal Town of Colonial Beach, PA ID 193-18400-00
Public Beach Clean-up, FEMA-1491-DR-VA, Project Worksheet 1849
Dear Mr. Cline:
This letter is in response to the referenced second appeal transmitted by your letter dated November 19, 2004. In their appeal, the Town of Colonial Beach (Applicant) requested additional funds for mixed debris removal on a beach and in a swim area.
As explained in the enclosed analysis and based on a review of the appeal documentation, I have concluded that the Applicant has not demonstrated that the debris removal is necessary to eliminate immediate threats to life, public health and safety. Eligible funds are limited to the $17,965 for debris removal efforts completed prior to the first appeal determination date. The Applicants appeal is otherwise denied.
Please inform the Applicant of my decision. My determination constitutes a final decision of this matter pursuant to 44 CFR § 206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
Enclosure
cc: Patricia G. Arcuri
Acting Regional Director
FEMA, Region III
Michael M. Cline
Governors Authorized Representative
State Coordinator,
Department of Emergency Management
10501 Trade Court
Richmond, Virginia 23236-3713
Re: Second Appeal Town of Colonial Beach, PA ID 193-18400-00
Public Beach Clean-up, FEMA-1491-DR-VA, Project Worksheet 1849
Dear Mr. Cline:
This letter is in response to the referenced second appeal transmitted by your letter dated November 19, 2004. In their appeal, the Town of Colonial Beach (Applicant) requested additional funds for mixed debris removal on a beach and in a swim area.
As explained in the enclosed analysis and based on a review of the appeal documentation, I have concluded that the Applicant has not demonstrated that the debris removal is necessary to eliminate immediate threats to life, public health and safety. Eligible funds are limited to the $17,965 for debris removal efforts completed prior to the first appeal determination date. The Applicants appeal is otherwise denied.
Please inform the Applicant of my decision. My determination constitutes a final decision of this matter pursuant to 44 CFR § 206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
Enclosure
cc: Patricia G. Arcuri
Acting Regional Director
FEMA, Region III
Appeal Analysis
BACKGROUNDAs a result of Hurricane Isabel on September 18, 2003 (FEMA-1491-DR-VA), debris accumulated on a public beach and in a swimming area in the Town of Colonial Beach, Virginia (Applicant). The Applicant feared that both the visible debris and hidden debris in the water and mixed with the sand could injure beach goers. The Applicant requested assistance from the Federal Emergency Management Agency (FEMA) to remove the mixed debris.
On January 28, 2004, a FEMA Project Officer prepared Project Worksheet (PW) 1849 for $243,055.44, based on a scope of work and cost estimate prepared by the United States Army Corps of Engineers (USACE). The PW included removing mixed debris from two areas: a 3000 ft x 200 ft beach area and a 3000 ft x 300 ft tidal area. The PW included the lease of several large pieces of equipment, including an aquatic excavator, a surf rake, a tractor, and a spreader. The PW stated that the Applicant would hire a contractor to perform work by proper procurement.
First Appeal
After soliciting proposals from local contractors, only one bid was received for the clean-up project. The bid was for $918,591.40, significantly more than the PW cost estimate. The Applicant submitted a request for funding to cover the additional cost to the Commonwealth of Virginia Department of Emergency Management (State) on April 13, 2004. The State transmitted this request to the Regional Director in a letter dated April 22, 2004. While waiting to hear from FEMA, the Applicant performed some initial beach clean-up activities, and posted swimmer safety signs. Large debris was removed by contractors.
The Acting Regional Director denied the appeal for additional funds and de-obligated the original funds in a letter dated August 10, 2004, maintaining that the area is an unimproved, natural stretch of beach, not covered by FEMA funding. Furthermore, the denial noted that the beach and swim areas were currently being used, proving that the debris was not an immediate threat to life, public health and safety, a criteria for FEMA assistance according to Title 44 of the Code of Federal Regulations (44 CFR) Section 206.224.
The Acting Regional Director stated that costs already incurred for completed clean-up efforts could be submitted for consideration.
Second Appeal
The Applicant submitted a second appeal of FEMAs determination to the State on October 6, 2004. The Applicant disputed the Acting Regional Directors determinations during the first appeal on two accounts: 1) The area is an improved area; USACE has on-going beach replenishment projects in the area. 2) There is still a public threat; people have been injured and the Public Works employees who comb the beach on a daily basis continue to find broken glass in the area. The Applicant submitted a spreadsheet noting $54,615 worth of costs already spent on the clean-up efforts on October 29, 2004. Of those costs, $38,000 is for the purchase of a beach rake/tractor.
The State transmitted the Applicants appeal in a letter dated November 19, 2004. The State points out that FEMA representatives recommended that the Applicant request funding to clean the beach and swim areas, and that the Applicant took, FEMA at their word.
DISCUSSION
The primary issue of the Applicants appeal is that the remaining debris presents an immediate threat to life, public health, and safety. Consideration for funding this scope of work is provided below.
Assessment of Debris Presenting an Immediate Threat
Much of the cost for debris removal is associated with potential debris located below the waterline. However, in the almost two years since the hurricane, such debris has not presented itself in a manner to quantify its presence or to require its removal. In fact, the presence of any such materials has been referred to within the appeal documentation as suspected, possible, likely, unknown, and to be determined. Without specific evidence after this period of time that such debris is present and posing an immediate threat, it is not reasonable to approve funds for the investigation of its presence or removal. It is more likely that any waterborne debris has been cleared by tidal activity. It is further noted that debris that may present itself from the waterline at this time, nearly two years after the event, would be difficult to attribute directly to the Hurricane Isabel disaster.
Regarding the debris on the beach itself, the Applicant states that there were several minor injuries from broken glass and bottles on the beach. In their October 6, 2004, letter to the State, the Applicant maintains that Public Works employees who comb the beach daily find broken glass and other health hazards related to Hurricane Isabel. Signage has been posted warning the public of possible debris in the water with a recommendation that swimmers and waders wear shoes. However, access to the beach has not otherwise been restricted by the Applicant or the USACE. During subsequent site visits by FEMA staff during the first appeal review, FEMA confirmed that the beach remained open to the public, the public was in fact using the beach and the waters, and no observable debris in or above the waterline was documented. These observations and occurrences demonstrate that the threat of glass or other objects is minute enough that it could no longer be considered an immediate threat to life, public health, and safety.
Assessment of Eligible Costs
The Applicant also requests that the initial PW amount be re-obligated because FEMA continually made verbal promises to them that cleaning up the beach was an eligible cost. In response to the first appeal, the Acting Regional Director confirmed that funds associated with specific eligible debris removal actions incurred to the time of the determination of deobligation would be funded (date of first appeal, August 10, 2004).
To date, the Applicant has only submitted $54,615 worth of clean-up costs, rather than the original PW amount of $243,055.44. Of the incurred costs, $16,615 is associated with drainage pipe repair, large debris removal, and swimmer safety signs as shown in their spreadsheet dated October 29, 2004. These costs are found eligible for reimbursement.
The remaining cost of $38,000 is for the purchase of a new beach rake/tractor. The purchase of such equipment in totality is not directly reimbursable. Rather, eligible funding for such equipment is limited to the cost of using the equipment while conducting eligible work, based on a reasonable hourly rate for equipment usage and documented usage of the equipment as it relates to removal of disaster-related debris. Consistent with the determination of the eligible scope of work, the duration for usage of this equipment would be limited to the time of the event through the first appeal determination (August 10, 2004).
Therefore, to assess a reasonable eligible cost for the use of the beach rake, the information provided in the original PW has been reviewed. Information provided in the PW indicates that a beach rake tractor could be rented locally for $900 per month. If it is assumed that the Applicant used the tool for six weeks to clean the beach of the Hurricane related debris, this cost would translate to a total of $1,350. Also within the PW was a cost estimate received by the Applicant following their request for bids for performing this work. The Applicant received a quote from a private consultant stating that it would cost $4,110 for a surf rake (equipment plus operator) to complete the job. If the Applicants labor cost associated with their operation of their beach rake ($3,000) is deducted from this bid cost, the resulting cost for the equipment would be isake rental for six weeks of use.
Therefore, it is found that the eligible costs for debris removal efforts include $16,615 associated with drainage pipe repair, large debris removal, and swimmer safety signs, and $1,350 for surf rake rental/usage, for a total eligible cost of $17,965.
CONCLUSION
Based on a review of the information provided in the Applicants second appeal, we have concluded that the Applicant has not demonstrated that the debris removal is necessary to eliminate immediate threats to life, public health and safety. Eligible funds are limited to the $17,965 for debris removal efforts completed prior to the first appeal determination date. The Acting Regional Director will prepare a PW to fund these costs. The Applicants appeal is otherwise denied.