Pursuant to the Stafford Act 423 and 44 C.F.R. 206.206; the Applicant can appeal any decision “previously made related to an application for or the provision of Federal Assistance.”The Applicant is within the time limits for their appeal of Version 2; which was prepared on December 3; 2013 and appealed by the applicant on January 31; 2014.44 C.F.R. 206.203 provides that “If a subgrantee desires to make improvements; but still restore the predisaster function of a damaged facility; the Grantee approval must be obtained.”While the Applicant did keep the Grantee informed of changes; the work performed changes the size and footprint of the project; and consequently is a significant change from the pre-disaster configuration.The PA Guide notes that “any improved project that results in a significant change from the predisaster configuration (that is; different location; footprint; function; or size) of the facility must also be approved by FEMA prior to construction to ensure completion of the appropriate environmental and/or historic preservation review.

PA Guide; at 111.HeadnotesPursuant to the Stafford Act § 423 and 44 C.F.R. § 206.206; the Applicant can appeal any decision “previously made related to an application for or the provision of Federal Assistance.”The Applicant is within the time limits for their appeal of Version 2; which was prepared on December 3; 2013 and appealed by the applicant on January 31; 2014.44 C.F.R. § 206.203 provides that “If a subgrantee desires to make improvements; but still restore the predisaster function of a damaged facility; the Grantee’s approval must be obtained.”While the Applicant did keep the Grantee informed of changes; the work performed changes the size and footprint of the project; and consequently is a significant change from the pre-disaster configuration.The PA Guide notes that “any improved project that results in a significant change from the predisaster configuration (that is; different location; footprint; function; or size) of the facility must also be approved by FEMA prior to construction to ensure completion of the appropriate environmental and/or historic preservation review.