U. S.

Department of Homeland Security

Region IV
3003 Chamblee Tucker Road
Atlanta, GA 30341

December 16, 2016

Mr. Homer Bryson, Director
Georgia Emergency Management
and Homeland Security Agency
935 East Confederate Avenue, SE
Atlanta, Georgia 30316-0055
Reference:

FEMA-4284-DR-GA
Chatham County
PA ID: 051-99051-00
First Appeal Private Property Debris Removal

Dear Mr. Bryson:

This letter is in response to Chatham Countys (County) first appeal of the Federal Emergency
Management Agencys (FEMA) denial of Public Assistance grant funding for Private Property
Debris Removal (PPDR) in nine private communities, including Causton Bluff, Dutch Island,
Emerald Pointe, Forest Cove, The Landings, Long Point, Modena Island, Rivers Edge and
South Harbor.
The Countys original request for PPDR approval for 20 private gated communities was denied
on October 29, 2016, because the application did not include all information required by FEMA
Publication 104-009-2, Public Assistance Program and Policy Guide (January 2016) (PAPPG),
and because FEMA, based on visual assessments, was unable to validate the quantities of the
debris in each of the 20 communities. Specifically, the County had not provided documentation
in satisfaction of these three requirements:
1. The applicant must provide the basis for the determination that removing the debris from
the property requested is in the public interest. A determination must be made by the
State, Territorial, Tribal, county or municipal governments public health authority that
the disaster-generated debris constitutes an immediate threat to life, public health, or
safety, or the economic recovery of the public at large.
2. The applicant must provide documentation to confirm its legal authority and
responsibility to enter private property and remove disaster-related debris.
3. The applicant must indemnify the Federal Government and its employees, agents, and
contractors from any claims arising from the removal of debris from private property. 1

See PAPPG, pgs. 53-55.

www.fema.gov

With its first appeal, the County submitted or referenced public health and safety statements to
confirm that the debris removal was in the public interest, and local ordinances and right-of-entry
agreements to establish the Countys legal authority and responsibility for the removal of the
debris in the appealed communities. The County also provided statements from eight of the nine
communities (all except Rivers Edge) that no insurance coverage was available for debris
removal from the roads or rights-of-way. With its appeal, the County withdrew its request for
PPDR approval in the remaining 11 denied communities.
In our review and analysis, we considered the following documentation referenced in the appeal:
1. Chatham County Code, 21-405(4), as amended September 9, 2005 The County may
provide service on privately owned streets with single family residential development.
The owners of private streets may petition the Department of Public Works and Park
Services in writing for curbside collection service as described herein.
2. Chatham County Code, 21-405(5), as amended September 9, 2005 The County may
provide collection service on privately owned streets during certain periods of
emergency, as defined in the Emergency Management Ordinance of Chatham County,
resulting from natural or manmade disaster, upon signing of a declaration of emergency
and the signing of a declaration stating that it is in effect. Upon such signing, the County
shall provide such service on privately owned streets during certain periods of emergency
if the County makes a finding that it is in the public interest and necessary to eliminate an
immediate threat to life, public health and safety.
3. Chatham County Board of Commissioners, Resolution Announcing Declaration of Local
Emergency Due to Hurricane Matthew (Oct. 7, 2016).
4. Chatham County Board of Commissioners, Resolution Announcing End of Declaration
of Emergency Due to Hurricane Matthew (Oct. 9, 2016) extended the emergency
declaration to October 11, 2016 at 7 am and shall continue until the conditions requiring
this declaration are abated.
5. Chatham County Code, Chapter 8, as amended Dec. 20, 1974 creation of the
Unincorporated Special Service District.
6. Chatham County Board of Commissioners, Meeting Minutes (Nov. 4, 2016) board
approved $3.5 million for disaster debris pickup in gated communities, with or without
FEMA assistance, moving funds from the Special Service District fund to the Solid
Waste fund.
7. Chatham County Code 4-309, Emergency Response Powers.
8. Right of entry agreements between the County and the property owners associations of
the communities of Causton Bluff, Dutch Island, Emerald Pointe, Forest Cove, The
Landings, Long Point, Modena Island, and South Harbor. (No Right of Entry was
provided for Rivers Edge).
FEMA also conducted visual reassessments of each of the nine communities in the appeal to
validate the debris impacts as reported by the County.
Based on our review of the above documentation and the results of the reassessments, we have
determined that the County has (1) established its basis for removal of debris from private
property upon County officials findings that it is in the public interest and necessary to eliminate
2

an immediate threat to life, public health and safety; and (2) confirmed its legal authority and
responsibility for the removal of disaster-generated debris from privately-owned roads following
the imposition of a declaration of emergency. However, the County has not provided FEMA
with an agreement to indemnify the Federal Government against any claim arising from private
property debris removal as required by Stafford Act section 407(b) and PPDR eligibility criteria.
Therefore, the Countys appeal for PPDR approval for the communities of Causton Bluff, Dutch
Island, Emerald Pointe, Forest Cove, The Landings, Long Point, Modena Island, Rivers Edge,
and South Harbor is conditionally approved.
As a condition of approval and before the provision of any grant funding for PPDR, the County
must provide FEMA with additional documents in which the County and the private
communities agree to hold harmless and indemnify the U.S. Government for any claims arising
out of this work. 2
In addition, the County may only be reimbursed for costs incurred by the County to remove
eligible disaster-related debris on or within the rights of way of private roads within the approved
communities, subject to all requirements of the Public Assistance Program. Further, the County
may not be reimbursed for costs duplicated by other benefits. The County may not be
reimbursed for debris removal costs incurred by private individuals or property owners
associations, nor can FEMA reimburse such individuals or property owners associations
directly.
If you have questions or need additional information, please contact Mr. Terry L. Quarles, CEM,
Recovery Division Director, at (770) 220-5300.
Sincerely,

Gracia B. Szczech
Regional Administrator

Some of the Rights of Entry forms supplied in the appeal included language making the Countys obligation to
remove the debris contingent on its receiving FEMA Public Assistance funding. Such language would normally
render the work ineligible for FEMA reimbursement, as federal grant regulations require that an applicants
performance of work must [b]e consistent with policies and procedures that apply uniformly to both federallyfinanced and other activities of the non-Federal entity. 2 CFR 200.403(c). In this case, the County removed the
debris before knowing whether FEMA funding would be provided, so the problematic language is harmless.
However, Rights of Entry executed after the date of this memorandum that include this contingency language will
jeopardize the Countys eligibility for FEMA funding.