Result of Declared Incident

Disaster Causation

HEADNOTES

It is the applicant’s responsibility to demonstrate that claimed damage was directly caused by the incident, and where pre-existing damage exists, to distinguish that damage from the disaster-related damage. If an eligible facility is located on a slope and is damaged as a result of a landslide or slope instability triggered by the declared incident, FEMA may approve PA funding to restore integral ground that supports the facility. The Applicant has not provided any documentation (e.g., geotechnical reports or engineering assessments) that attributes the cause of the claimed damage to the disaster. The records provided by the Applicant do not document the predisaster condition of the road, to distinguish pre-existing damage from damage caused by the disaster. Thus, work to stabilize the embankment is not eligible as integral ground because the Applicant has not shown that the embankment supports a disaster-damaged facility.

CONCLUSION

The Applicant has not demonstrated the claimed damage to Callahan Ridge Road was directly caused by the disaster. Therefore, work to stabilize the embankment as integral ground for the road is ineligible. This appeal is denied.

AUTHORITIES

Stafford Act §§ 406(a)(1)(A), (e), 42 U.S.C. §§ 5172(a)(1)(A), (e). 44 C.F.R. §§ 206.223(a)(1), 206.226. PAPPG, at 51-52, 63-64, 140, 145, 169-170, 181. Cowlitz Cnty., FEMA-1671-DR-WA, at 3. City of Paintsville, FEMA-4595-DR-KY, 2-3. Vinton Cnty. Eng’r, FEMA-4424-DR-OH, at 3.

44 C.F.R. §§ 206.223(a)(1), 206.226
Result of Declared Incident