According to 44 C.F.R. § 13.30(d)(1) and the PA Guide, whenever there is a revision of the scope or the objectives of the project, the Applicant is required to notify FEMA prior to repairing or replacing the damaged element to ensure proper compliance reviews are conducted. The Applicant deviated from the SOW by moving the roadway 50 feet beyond what FEMA approved and installing a retaining wall on the sensitive site without obtaining approval from FEMA prior to the start of construction. Section 106 of NHPA requires FEMA to identify historic properties, evaluate the effects of a potential Public Assistance project on historic properties, and consult with the SHPO and other interested parties prior to the start of construction.

: The Township of Rapidan (Applicant) relocated its 563rd Lane roadway (Facility, such that it encroached on an archaeologically sensitive area, and installed a retaining wall at the toe of the site without prior approval from FEMA. The Applicant’s actions prevented FEMA from conducting the necessary environmental and historical preservation (EHP) reviews and consultations required by National Historic Preservation Act (NHPA) § 106. As such, the Applicant did not comply with the terms of the grant award, the project is ineligible and FEMA is within its authority to fully deobligate PW 1485.

NHPA § 106. 44 C.F.R. §§ 13.30 and 13.43. PA Guide, at 127-128, 131 and 139-140.