FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA WEBSITE

Codes and Standards - Clarksville Gas and Water
click to view appeal on FEMA.gov

This is in response to your letter dated August 14, 2015, which transmitted the referenced second appeal on behalf of Clarksville Gas and Water (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding in the amount of $254,642.45 for various upgrades to the Gallows Hollow Lift Station in accordance with the Tennessee Department of Environment and Conservation (TDEC) Design Criteria. As explained in the enclosed analysis, I have determined that, pursuant to 44 C.F.R. § 206.226(d) and Disaster Assistance Policy 9527.4, Construction Codes and Standards, the TDEC Design Criteria do not meet the criteria of codes and standards eligible for funding under the Public Assistance (PA) Program. As such, the upgrades performed to comply with TDEC Design Criteria are not eligible for PA reimbursement. Accordingly, I am denying this appeal. In addition, on second appeal, FEMA finds that work to construct an elevated platform is not eligible as a code or standard requirement. FEMA Region IV should consider the potential eligibility of that work as a Hazard Mitigation Proposal. By copy of this letter, I am requesting the Regional Administrator take appropriate action to implement this determination. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant 44 C.F.R. § 206.226, Appeals.

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