Somerset County Crisfield MD

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

Applicant	Maryland Emergency Management Agency
Appeal Type	2nd
Project Number	23
Date Signed	2017-01-11T00:00:00

1st Appeal

Issue
- The Applicant appealed, on behalf of the Somerset County Longterm Recovery Committee, the decision by the FEMA Regional Office to deny approval of a scope of work (SOW) change. The SOW change as requested was to substitute eight properties for elevation to replace properties withdrawn from consideration.
Reason for Denial
- The additional eight properties were not included in the original application and the application period had ended.
References
- 44 CFR 206.436(d) Application Procedures - Application submission time limit
- HMA Guidance Part IV D.2 - Scope of Work Changes

2nd Appeal

Issue
- The Applicant appealed, on behalf of the Somerset County Longterm Recovery Committee, the FEMA Regional Office decision on 8/29/2016 to deny approval of a scope of work (SOW) change to substitute eight properties for elevation to replace properties withdrawn from consideration.
FEMA Findings
- FEMA HQ approved the 2nd Appeal on the finding that adequate time and funding was available for completing the additional requested mitigation.
- The approval allowed substitution of properties within a reasonable amount of time as determined by the Regional Office, in coordination with the Applicant; and a reasonable period of performance extension for the project, based on a request to the Regional Office.
Rationale
- The appeal denial by the FEMA Region III Office was consistent with Hazard Mitigation Assistance policy and guidance.
- Under certain circumstances, additional properties may be added after close of the application period or after the project has been awarded.
- FEMA has discretion to approve or deny this type of request on a case by case basis after consideration of several factors, including the number of projects under review and the time remaining before expiration of the disaster period of performance.
References
- 44 CFR 206.436(d) Application Procedures - Application submission time limit
- HMA Guidance Part IV D.2 - Scope of Work Changes
- 44 CFR 206.440 Appeals
- HMA Guidance Part VI D.4.1 POP Extensions

Appeal Letter

January 11, 2017

Russell Strickland
Maryland Emergency Management Agency 5401 Rue Saint Lo Drive
Reisterstown, Maryland 21136

Dear Mr. Russell Strickland:

This is in response to your letter dated October 24, 2016, which transmitted the referenced 2nd appeal on behalf of the Maryland Emergency Management Agency (MEMA). The MEMA, on behalf of the Somerset County Longterm Recovery Committee (SCLRC), is appealing the Federal Emergency Management Agency (FEMA) Regional Office's decision to deny approval for a scope of work (SOW) change.

The DR-4091 application period closed on May 20, 2014. MEMA communicated that eight of the ten properties were not feasible to elevate on January 15, 2015. On May 13, 2016, MEMA requested that FEMA allow eight new properties to the application to substitute for the properties that were not feasible to elevate. FEMA denied the request because the application period had ended and the additional properties were not included in the original application. FEMA encourages applicants to identify alternate properties when the applicant submits applications to FEMA. On August 29, 2016 the denial was upheld by FEMA Region III in the first level appeal. In denying the first level appeal, FEMA Region III was consistent with the Hazard Mitigation Assistance policy and guidance.
However, in certain circumstances, additional properties may be added after the application period closes or even after the project has been awarded. FEMA has discretion to approve or deny these requests on a case by case basis after considering several factors, including the number of projects under review and time remaining before expiration of the disaster period of performance.

Upon reviewing this request, I have found that adequate time and funding is available to complete the additional mitigation, FEMA Headquarters will allow the substitution of properties within a reasonable amount of time as determined by the Regional Office, in coordination with you at MEMA. We encourage you to continue to work closely with SCLRC to ensure that the elevation project stays on schedule and meets all of the programmatic requirements. Due to the time required for appeal processes, we will allow a reasonable period of performance extension for this project, based on a request to the Region.

By copy of this letter, I request the Regional Administrator to take appropriate action to implement this determination. My determination is the final decision on this issue in accordance with 44 CFR 206.440, Appeals. If you have any additional questions regarding this issue, please contact Nancy Carpenter, Chief, Hazard Mitigation Assistance Branch.

Sincerely,

Assistant Administrator for Mitigation Federal Emergency Management Agency

Appeal Analysis

The application period had ended and the additional properties requested to substitute those withdrawn for the elevation project were not included as potential options in the original application.
The FEMA Region III denials were consistent with the Hazard Mitigation Assistance policy and guidance.
FEMA HQ determined that adequate time and funding was available to complete the additional mitigation.

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