June 19, 2012
W. Nim Kidd, CEM
Assistant Director, Texas Department of Public Safety
Chief, Texas Division of Emergency Management
5805 N. Lamar Blvd.
P.O. Box 4087
Austin, Texas 78773-0001
Re: Second Appeal-Jefferson County, PA ID 245-99245-00, Road Repair, FEMA‑1791‑DR‑TX, Multiple (53) Project Worksheets (PW)
Dear Chief Kidd:
This letter is in response to a letter from your office dated August 12, 2010, which transmitted the referenced second appeal on behalf of Jefferson County (Applicant). The Applicant is appealing the Department of Homeland Security's Federal Emergency Management Agency's (FEMA) denial of funding for road repairs in the amount of $2.4 million and ditch cleaning and shaping in the amount of $645,647.
As explained in the enclosed analysis, I have determined that the road repairs are related to loss of service life rather than direct disaster damages. Additionally, the documentation provided does not support that the sediment in the ditches is directly attributable to the disaster and that the ditch cleaning and shaping is required to restore the ditches to their pre-disaster condition. Accordingly, I am denying the appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Elizabeth A. Zimmerman
Deputy Associate Administrator
Office of Response and Recovery
cc: Tony Robinson
Acting Regional Administrator
FEMA Region VI