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Second Appeal Letter
PA ID# 069-99069-00; Houston County
PW ID# 735, 738, 739, and 772; Environmental Compliance
February 13, 2013
Alabama Emergency Management Agency
5898 County Road 41, P.O. Drawer 2160
Clanton, Alabama 35046-2160
Re: Second Appeal–Houston County, PA ID 069-99069-00, Environmental Compliance,
FEMA-1835-DR-AL, Project Worksheets (PW) 735, 738, 739, and 772
Dear Mr. Faulkner:
This is in response to a letter from your office dated July 2, 2012, which transmitted the referenced second appeal on behalf of Houston County (Applicant). The Applicant appealed a denial by the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) for repair of bridge pilings and abutments as documented on PWs 735, 738, 739, and 772, under the major disaster declaration FEMA-1835-DR-AL for severe storms, flooding, tornadoes and straight-line winds that occurred March 25 to April 3, 2009. The amount in question is $424,888, which represents the combination of the original estimate of $294,609 for the four PWs and a cost overrun of $130,279.
As explained in the enclosed analysis, the Applicant began the repair of the bridges before FEMA could complete consultation with the U.S. Fish and Wildlife Service required by Section 7 of the Endangered Species Act. I have determined that the Regional Administrator’s decision in the first appeal is consistent with applicable statutes, 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 Appeals.
Disaster Assistance Directorate
cc: Major P. May
FEMA Region IV