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Second Appeal Letter
PA ID# 101-91017; Reclamation District No. 1660
DSR ID# 93537; Tisdale Levee
May 4, 1999
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Public Assistance Section
Post Office Box 419023
Rancho Cordova, California 95741-9023
RE: Second Appeal - Reclamation District 1660 Tisdale, Levee, FEMA-1155-DR-CA, DSR 93537
Dear Mr. Christian:
This is in response to the referenced second appeal. Damage Survey Report (DSR) 93537 was originally prepared for $16,906 to fund debris removal following winter storms that caused flooding in 1997. This amount was first reduced to $11,363 in supplemental DSR 93537 dated September 12, 1997, then deobligated because the debris was said to be on farmland.
In its first appeal, dated October 14, 1997, the District asked that the eligible amount be reconsidered. The District contested FEMA's disallowance of $1,392 for regular-time pay for temporary employees. In addition, the District said FEMA mistakenly used cost code 8425, instead of 8154, to determine the force account equipment rate of a hydraulic excavator. The District also claimed that debris was not removed from farmland. In its August 12, 1998 response, FEMA denied the appeal stating that the District had not shown the work to be in the public interest, as required by 44 CFR 206.224. DSR 80028 deobligated $11,363 on November 13, 1998.
The District submitted its second appeal on October 12, 1998. It reiterated its original points and included time sheets and equipment records to support the amount requested. It stated that without the debris removal, major flooding would have occurred in the District, causing damage to homes, businesses, roads, and District infrastructure. It submitted three color photos illustrating areas where debris was removed. The photos show damage to the levee road and debris in this area.
According to 44 CFR 206.228(a)(4), regular-time salary and benefits for permanent employees are not eligible for reimbursement. This does not apply to temporary personnel hired for disaster employment. Therefore, the regular-time pay, overtime, and benefits for temporary labor are eligible costs. The equipment in question is documented in equipment logs and the appropriate cost code, 8154, should be used to calculate the eligible amount. Finally, the photographs submitted by the District clearly show an area
that is not farmland. Debris removal from levees and improved property (road) is eligible, in accordance with 44 CFR 206.224 and FEMA's levee policy. For these reasons, funding for DSR 93537, in the amount of $17,545, is granted. By copy of this letter, I am asking the Regional Director to prepare a DSR to implement this decision.
Please inform the applicant of my decision. 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