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Second Appeal Letter
PA ID# 095-91045; Reclamation District #1607
DSR ID# 96640,96641,96642; VAN SICKLE ISLAND - Hazard Mitigation Plan Compliance
June 7, 1999
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, CA 95741-9023
Re: Second Appeal - Reclamation District 1607, Van Sickles Island, District-wide, FEMA-1155-DR-CA, DSRs 96640, 96641 and 96642
Dear Mr. Christian:
This is response to the referenced appeal submitted by your office on February 12, 1999. As a result of severe storms and flooding in January 1997, Reclamation District 1607, Van Sickles Island, initiated flood-fighting and levee repair projects. Damage Survey Reports (DSRs) 96640, 96641, 96642 totaled $46,788 and were prepared to fund these efforts. On November 18, 1997, FEMA informed the District that it was ineligible for disaster assistance under FEMA-1155-DR because it had not complied with the state's Hazard Mitigation Plan (HMP), according to Amendment #5 of the FEMA/State Agreement (FEMA-758-DR). The District is asking for an exception to the HMP compliance implementation schedule. Your transmittal letter states that the amount in contention is $606,805, though it is unclear how this figure was calculated.
As explained in the enclosed analysis, Amendment #5 clearly states that districts covered by this amendment must complete required mitigation prior to September 10, 1991, in order to receive funding for future disasters. The District did not comply with Amendment #5 because it did not meet the September 10, 1991, compliance deadline. The amendment also provided very specific circumstances for which a time extension may be granted. The District did not inform FEMA that it could not meet the September 10, 1991, and did not receive an approved exception the implementation schedule. For these reasons, I am denying the appeal.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206, which constitutes the final level of appeal in accordance with 44 CFR 206.206(e).
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Whetsone
FEMA Region IX