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Third Appeal Summary
PA ID# 000-92001; California Department of Parks & Recreation
DSR ID# 75371; SouthHampton Bay Marsh
PURPOSE: Respond to third appeal submitted by California Department of Parks and Recreation
DISCUSSION: Following the winter storms of 1995, DSR 75371 was prepared to remove debris from Southampton Bay Marsh. Upon review, FEMA determined that the DSR was ineligible for funding because the subgrantee had not completed the work within the regulatory time limit. On October 21, 1996, the subgrantee submitted its first appeal stating that the time deadlines were not compatible with the actual execution of the work and the debris posed a threat to the public and to an endangered species in the park. The first appeal was denied because the subgrantee had not performed the work after more than 17 months beyond the disaster declaration date. It was also noted that because the public is not allowed in the marsh area, the debris did not threaten public health or safety. In its second appeal, the subgrantee argued that the public cannot be kept out of the marsh area, therefore, the debris was a health and safety threat. It was also argued that the window to complete the work was restricted to less than three months per year due to environmental requirements. The second appeal was denied because the subgrantee was given a six-month time extension, yet the work was never started. In its third appeal, the subgrantee asserts that environmental requirements and the weather resulted in the loss of two work seasons. The subgrantee also contends that the DSR should have been prepared as permanent work such that the work would be subject to the permanent work time limits. The subgrantee has provided no new information to support its appeal and there is no basis for overturning the first and second appeals.
RECOMMENDED ACTION: Sign the letter denying the appeal