May 18, 2012
James M. Mullen
Emergency Management Division
Washington Military Department
Building 20B, MS TA-20
Camp Murray, Washington 98430-5122
Re: Second Appeal–Multiple Applicants, Howard Hanson Dam, FEMA-1817-DR-WA, Multiple Project Worksheets (PWs)
Dear Mr. Mullen:
This letter is in response to a letter from your office dated April 14, 2011, which transmitted the referenced second appeal on behalf of King County, the City of Auburn, the City of Kent, the City of Renton, City of Tukwila, Washington State Department of Health, Washington State Department of Transportation, and Washington State Parks and Recreation Commission (Applicants). The Applicants are appealing the Department of Homeland Security's Federal Emergency Management Agency's (FEMA) denial of $31,455,757 for emergency protective measures.
As explained in the enclosed analysis, I have determined that the emergency protective measures taken by the Applicants are not eligible for funding under FEMA’s Public Assistance Program for FEMA-1817-DR-WA. The Applicants have not demonstrated that the work was required as a direct result of the declared major disaster as required by Title 44 Code of Federal Regulations (44 CFR) § 206.223(a)(1) nor that the work constituted eligible emergency protective measures. Accordingly, I am denying the second appeal.
Please inform the Applicants of my decision. This determination is the final decision on this matter pursuant to 44 CFR § 206.206, Appeals.
cc: Kenneth D. Murphy
FEMA Region X