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Second Appeal Letter
PA ID# XXX-XXXXX; Clewiston Drainage District
PW ID# N/A; Deadline Extension
October 12, 2006
Mr. W. Craig Fugate
Governors Authorized Representative
Florida Division of Emergency Management
255 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
RE: Second Appeal Clewiston Drainage District, Deadline Extension, FEMA-1545/1561-DR-FL
Dear Mr. Fugate:
This is in response to your letter of March 13, 2006, transmitting the referenced second appeal on behalf of the Clewiston Drainage District (CDD). The CDD is located in Hendry County, and was impacted by Hurricanes Frances and Jeanne in late 2004. CDD is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) decision not to accept its Request for Public Assistance (RPA) that was submitted after the application deadline.
In its first appeal letter dated April 11, 2005, CDD claimed that it was informed by a FEMA representative that the RPA submission deadline was extended through February 28, 2005. Since the deadline for submitting RPAs had not been extended and CDD was unable to demonstrate any extenuating circumstances that would justify a late RPA submittal, the Regional Director denied the first appeal by a letter dated January 18, 2006.
In its second appeal, CDD asserts that its Applicants agent relied on verbal and written direction from responsible FEMA officials during the period of declaration as to the deadline for making applications for financial assistance. In support of its second appeal, CDD submitted an internal FEMA email which stated that an application deadline extension had been granted.
Mr. Dwight Graydon, a representative for CDD, attended the Applicants Briefing on October 22, 2004, where the deadline for submitting RPAs was clearly stated. On the following day, Mr. Graydon submitted RPAs for two of the seven districts that he was representing. On January 19, 2005, two weeks after the last deadline for submitting RPAs had passed, Mr. Graydon inquired about whether a deadline extension had been authorized. The deadlines for submitting RPAs under Hurricanes Frances and Jeanne were January 4, 2005, and December 27, 2004, respectively. The extension date of February 28, 2005, cited by CDD and referenced in the internal FEMA email was for the Individuals and Households Program and was approved by a memorandum dated December 28, 2004. However, this extension had no bearing on the Public Assistance Program or the deadlines for submitting RPAs.
CDD has not presented any compelling reasons for submitting the RPA after the established deadlines. Therefore, I am denying the appeal.
Please inform the applicant of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR § 206.206.
John R. DAraujo, Jr.
Director of Recovery
cc: Ms. Mary Lynne Miller
Acting Regional Director
FEMA Region IV