Summary Paragraph From April 4 to May 15, 2011, flooding and severe storms saturated the embankments, leading to a slope failure on portions of Locust Corner Road (Facility) operated and maintained by the Applicant. FEMA prepared Project Worksheet (PW) 515 to document repairs to a 300 feet long x 20 feet wide section of the Facility. During closeout, FEMA determined the total eligible project costs based on the approved scope of work were $238,254.42. FEMA found that the Applicant completed additional work outside the approved scope of work, totaling $60,960.94, and found this work ineligible under the PA program. The Applicant appealed FEMA’s decision denying funding for additional work asserting an additional 100 linear feet of repair was necessary because substantial internal failures in the soil were discovered after FEMA’s site visit. The Region V Regional Administrator (RA) denied the appeal because he determined that the Applicant changed the scope of work without prior FEMA approval, the new scope was noncompliant with EHP requirements, and the Applicant failed to demonstrate that the additional work was a direct result of the disaster. In the second appeal, the Applicant refutes FEMA’s assertion that the additional work constitutes a change in the scope of work by expounding on its claim that the additional work resulted from hidden damage. The Applicant states that the PW was written prior to the geotechnical investigation. The Grantee states the additional work is an improved project, but asks FEMA to permit an after-the-fact EHP review and justify eligibility of the additional work using the rationale in Rooks County Highway Department, a second appeal issued in December 2013. Authorities and Second Appeals Stafford Act § 406. 44 C.F.R. §§ 13.30 and 206.223(a). PA Guide, at 139-140. Rooks County Highway Department, FEMA-1776-DR-KS, at 2-3. Headnotes Pursuant to Stafford Act § 406 and 44 C.F.R. § 206.223, repair of a facility in conformance with its pre-disaster design is eligible for PA reimbursement if it is the result of a declared disaster. The Applicant failed to demonstrate that the additional work performed on sections of Locust Corner Road were required by the declared disaster. According to 44 C.F.R. § 13.30 and the PA Guide, whenever there is a revision of the scope or the objectives of the project, the Applicant is required to notify the Grantee—who, in turn, notifies FEMA—prior to repairing or replacing the damaged element to ensure proper EHP compliance reviews. The Applicant did not obtain approval for the additional work from the Grantee and FEMA prior to the start of construction. In addition, the additional work caused significant ground disturbance requiring a new EHP review. In Rooks County Highway Engineer, FEMA approved an improved project in which the improvement did not impact the footprint beyond what would have been impacted had the Applicant completed the approved scope of work. Rooks is not applicable to this appeal because the additional work caused significant ground disturbance that did impact the footprint. Thus, an after-the-fact EHP review is not possible.