TOWNSHEND — The state has formally appealed the Federal Emergency Management Agency's (FEMA) decision to deny public assistance for the full cost of replacing a culvert in Townshend that was demolished during Tropical Storm Irene.
“FEMA has taken a shortsighted and unjustifiably stringent interpretation of its responsibility to fund upgrades to functionally obsolete culverts and bridges wiped out by floodwaters,” the state asserts in its appeal.
The state calls the federal agency's denial of funds “contrary to state and federal law” and “bad public policy.”
The original culvert under Dam Road was a steel, corrugated pipe that was washed downstream during the Irene flooding and was damaged beyond repair.
Noting that many other Vermont towns have been denied FEMA reimbursement on similar grounds, Governor Peter Shumlin said that the state would support the towns' appeals to FEMA officials in Washington, D.C.
Following the flood, the town replaced the culvert with an open-arch concrete structure, in accordance with state and federal permit requirements.
The new structure is designed to withstand future flood events and, while more expensive to build than simply replacing the old steel pipe, will save public funds over the long-term, the governor's office wrote in a Dec. 18 press release.
FEMA initially told the town that about 75 percent of the $550,000 cost of installing a new, larger, box-style concrete culvert would be covered, but more recently said it would be unable to provide assistance, as the culvert represented a significant and more expensive upgrade from the one lost to Tropical Storm Irene [Town & Village, Dec. 5].
“We have to make smart choices with public funds, consistent with the law. In this case, the town of Townshend has done both,” Shumlin said. “We are committed to rebuilding stronger post-Irene, and Vermont's towns should not be denied FEMA reimbursement for meeting state infrastructure repair standards designed to withstand future storms.”
The culvert dispute has become a regional example of FEMA's unwillingness to provide aid without clear proof that the aid money is absolutely required.
Since March, both the town and the state have repeatedly contested FEMA's decision, and continue to advocate for the money. Other town projects, including another culvert repair on East Hill Road, also have been bottlenecked at FEMA.
The state's appeal explains that the denial of public assistance for the installed structure by FEMA's regional office in Boston violates both FEMA law and regulation. The state's appeal also notes that FEMA's regional officials are taking an unnecessarily stringent view of the law and are ignoring the fact that Townsend has chosen the least costly means of complying with state and federal standards.
The state further describes FEMA's approach to sizing stream crossing structures as outmoded and without consideration of modern understanding of river dynamics. The appeal concludes that the culvert replacement that FEMA favors would not comply with state or federal requirements, would jeopardize the natural and built environments, and would be a poor use of public funds.
Sue Minter, Vermont's Irene Recovery Officer, summarized Vermont's concerns by noting that “we must not ignore the lessons of Irene, past flood events and predicted changes to weather patterns in Vermont to replace the old culvert with one that will just wash away in the next major flood event.”
“Vermonters expect frugality from their public officials, not resistance to modern standards for repairing our transportation assets,” Minter said.