An improved and maintained natural feature may be an eligible facility if it has a designed and constructed improvement that enhances its function and is routinely maintained. The Applicant has not demonstrated the embankment was designed and constructed to enhance its function and routinely maintained. FEMA may approve PA funding for the restoration of the integral ground that supports an eligible facility damaged by the disaster. The Applicant has not demonstrated the embankment is 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 the requested work constitutes eligible emergency work; a long-term increased risk of erosion does not equate to an immediate threat.
The Applicant has not demonstrated that the embankment is an eligible facility or integral ground that supports the New Facility. Moreover, the work is not eligible as emergency work because the Applicant has not demonstrated it must be done to eliminate or lessen an immediate threat.
Stafford Act §§ 403(a)(3), 406(a)(1)(A), (e)(1). 44 C.F.R. §§ 206.201(b-c), 206.206(a), 206.221(c), 206.225(a)(3). PAPPG, at 55-56, 63-64, 97, 110, 155, 176, 181, 196, 214. Paintsville Utilities, FEMA-4595-DR-KY, GMP 188236, at 3; The University of Alabama, FEMA-4546-DR-AL, at 3.