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Second Appeal Letter
PA ID# 073-U4G30-00; Iron Sorings Water Group
PW ID# Project Worksheet 706; Irrigation and Storage Water Lines
September 2, 2008
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second AppealIron Springs Water Group, PA ID 073-U4G30-00, Irrigation and Storage Water Lines
, FEMA-1498-DR-CA, Project Worksheet (PW) 706
Dear Mr. McCarton:
This letter is in response to your letter dated April 3, 2008, which transmitted the referenced second appeal on behalf of the Iron Springs Water Group (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding due to its status as an ineligible private nonprofit (PNP) organization.
The Applicant has provided water to property owners in Harrison Park, south of Julian, CA, since its establishment in 1929. As a result of the Cedar Fire in October 2003, the majority of the Applicants water system was damaged or destroyed. The Applicants Request for Public Assistance was approved on January 23, 2004, and FEMA prepared PW 706 for $25,172. On March 14, 2007, the California Office of Emergency Services (OES) informed FEMA that the Applicant had never established itself as a PNP in accordance with 44 CFR §206.221(f). Subsequently, FEMA de-obligated funding through PW 706 version 1. The Applicant returned $4,856 to FEMA and submitted its first appeal on August 10, 2007. The Applicant stated that expecting repayment of the balance, which it received and spent in good faith, was unreasonable. The Applicant also stated that it was not previously advised by FEMA or OES that PNPs are required to have a not-for-profit tax identification number. The Deputy Regional Administrator denied the Applicants appeal on December 4, 2007.
In its second appeal, submitted February 27, 2008, the Applicant reiterates the claims stated in its first appeal. The Applicant has not provided any new or additional information to support its position or demonstrate that it qualifies as a PNP in accordance with 44 CFR §206.221(f).
I have reviewed all information submitted with the Applicants second appeal and have determined that the Deputy Regional Administrators decision in the first appeal is consistent with Public Assistance Program regulations and policies. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX