San Mateo Creek Railroad Trestle Bridge

December 29, 2003

Mr. Dallas Jones
Governor’s Authorized Representative
Governor’s Office of Emergency Services
P.O. Box 419047
Rancho Cordova, California 95741-9047

Re: Amendment to Second Appeal – North County Transit District (NCTD), PA ID 073-91201, San Mateo Creek Railroad Trestle Bridge, FEMA-1203-DR-CA, Damage Survey Report (DSR) 96104

Dear Mr. Jones:

This letter is to amend the second appeal determination dated August 28, 2003, which is referenced above. In the appeal response, we approved a time extension to January 2005 and funding for environmental remediation and monitoring activities based on information provided by the U.S. Army Corps of Engineers (USACE) regarding a Section 404 permit. We have since learned that the U.S. Environmental Protection Agency (EPA) issued an Administrative Order against NCTD on July 15, 1998, for conducting unauthorized dredge and fill activities in San Mateo Creek. The environmental remediation and monitoring activities for which NCTD sought reimbursement were required as a result of EPA’s enforcement action. Under the circumstances, the Department of Homeland Security’s FEMA will not provide funding to NCTD for activities required as a result of an enforcement action by EPA.

We regret any inconvenience this may have caused. Please inform NCTD of this decision.

Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response

cc: Jeff Griffin
Regional Director
Region IX