A natural feature may itself be an eligible facility if it is improved and maintained. FEMA may approve Public Assistance funding for the restoration of the integral ground that supports an eligible facility damaged by the disaster. Here the Applicant has not demonstrated that the embankment has a designed and constructed improvement to its natural characteristics. The Applicant has not demonstrated damage to an eligible facility, in this case the utility lines, occurred as a result of the disaster, therefore the embankment is not eligible as integral ground. An immediate threat is a threat of additional damage or destruction from an incident that can reasonably be expected to occur within five years of the declared incident. The Applicant has not substantiated that the requested work is eligible emergency work must be done to eliminate or lessen an immediate threat.
The Applicant did not demonstrate that the embankment is an eligible facility, or integral ground that supports an eligible facility damaged by the disaster, or that the work to restore the embankment is eligible as emergency work. Therefore, this appeal is denied.
Stafford Act §§ 403(a)(3), 406(a)(1)(A) and 406(e)(1). 44 CFR §§ 206.201(b), 206.206(a), 206.221(c), 206.223(a)(1), 206.225(a)(3), 206.226 PAPPG, at 51, 52, 55, 56, 63, 64, 97, 110, 176, 181, 196, and 214. Paintsville Utilities, FEMA-4595-DR-KY, at 4.