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Second Appeal Letter
PA ID# 077-91022; Reclamation District #348
DSR ID# 92888,92894; New Hope Tract
April 9, 1999
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Public Assistance Section, P.O. Box 419023
Rancho Cordova, California 95741-9023
RE: Second Appeal - Reclamation District 348 New Hope Tract, Reclamation District Levee, FEMA-1155-DR-CA, DSRs 92888 and 92894
Dear Mr. Christian:
This is in response to the referenced second appeal. Damage Survey Reports (DSRs) 92888 and 92894 were prepared for $231,215 and $9,870, respectively, to fund permanent and temporary levee repairs, sandbagging and flood fight efforts following severe storms and flooding in California. The District is requesting that it be deemed in compliance with the Hazard Mitigation Plan (HMP) for the Sacramento/San Joaquin Delta in accordance with Amendment #5 of the FEMA/State Agreement (FEMA-758-DR-CA) so it may recover costs for these DSRs.
As explained in the enclosed analysis, the District did not comply with Amendment #5 because it did not meet the compliance deadline of September 10, 1991. Amendment #5 clearly states that districts covered by this amendment must meet this deadline in order to receive funding for future disasters. The amendment also provided very specific circumstances for which a time extension may be granted. The District did not provide evidence that it failed to meet the deadline due to these specific circumstances. For this reason, the appeal request is denied.
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 Whetstone
FEMA Region IX