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Second Appeal Letter
PA ID# 059-00000; Orange County Emergency Management Agency
DSR ID# 84182,05793; Santa Ana-Delhi Channel
August 19, 1998
Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Field Office, Public Assistance Section
74 Pasadena Avenue, West Annex, Second Floor
Pasadena, California 91103
Dear Mr. Najera:
This letter is in response to your January 12, 1998, submittal of Orange County Emergency Management Agency's second appeal of Damage Survey Report (DSR) 05793 under FEMA-979-DR-CA. The subgrantee is appealing the Federal Emergency Management Agency's (FEMA's) determination that the restoration work on the Santa Ana Delhi Channel is ineligible.
Based on a recent determination made by the FEMA Director, it is concluded that the flood control facility in this appeal, that was found ineligible based on the Federal Levee Policy and under the circumstances described herein, may be considered an eligible facility under the Public Assistance Program. However, as described in the enclosed analysis, I have found that the completed scope of work constitutes an improved project for which construction was initiated prior to project approval and the National Environmental Protection Agency's (NEPA's) compliance. Accordingly, FEMA is unable to fund the project. The appeal 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.
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Z. Whetstone
FEMA Region IX