Gist Road/State Highway 35

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1046-DR
ApplicantSanta Clara County
Appeal TypeSecond
PA ID#085-00000
PW ID#75198
Date Signed1999-10-04T04:00:00
N/A

Appeal Letter

October 4, 1999

Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741-9023

Re: Second Appeal Reconsideration - Santa Clara County, Gist Road/State Highway 35, FEMA-1046-DR-CA, DSR 75198

Dear Mr. Christian:

This is in response to the above referenced second appeal reconsideration request forwarded by your office on July 2, 1999. Severe storms in the winter of 1995 caused a slipout on Gist Road in Santa Clara County. Damage Survey Report (DSR) 75198 was written to repair the road to pre-disaster design. It was approved for $425,851 on March 29, 1996.

On October 2, 1996, the County requested a supplemental DSR for additional damages, including those to Route 35. The request was denied on June 24, 1997, because there was no evidence to indicate that additional damages were caused by the disaster event. The County filed its first appeal on September 18, 1997. The Regional Director denied the appeal on March 18, 1997. In addition to the reasons stated in the previous denial, the Regional Director found that the project had been improved without prior approval.

The County submitted its second appeal on June 8, 1998. I denied this appeal on March 11, 1999, because the County did not provide sufficient documentation to demonstrate that the additional work performed at the site was necessitated by disaster-related damages, or required by codes and standards or technical or engineering requirements. My response included a full analysis on the issue of whether damages were disaster related. I noted that we believe Route 35 is a federal-aid road, and therefore not eligible for funding from FEMA. However, the issue of whether Route 35 is a federal-aid road was not the determining factor in the appeal decision.

On May 3, 1999, the County requested a reconsideration of the second appeal based on a May 28, 1997, letter from the California Department of Transportation (CalTrans), which states that "this location is classified as a non-federal aid highway." The second appeal decision was based on the fact that there was no information to indicate that the additional damages and work claimed by the County were the direct result of the disaster event, regardless of whether Route 35 is a federal-aid road. Based on a review of all documentation, I have found no reason to reconsider my second appeal decision. Please inform the County of my decision.

Sincerely,

/S/

Lacy E. Suiter
Executive Assistant Director
Response and Recovery

cc: Richard A. Buck
Disaster Recovery Manager
FEMA Region IX, Disaster Closeout Center
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