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Second Appeal Brief
PA ID# 087-99087-00; Santa Cruz County
PW ID# Project Worksheet 475; Scope of Work
FEMA-1646-DR-CA; Santa Cruz County (Applicant), Scope of Work,
Project Worksheet (PW) 475
The severe storms and flooding from March 29–April 16, 2006, caused high-water flows in an adjacent creek to erode Morrell Cutoff Road (Site 2) and caused a portion of the roadway embankment to drop towards the creek. During the site inspection, the Applicant proposed, as part of the project, the construction of a retaining wall to help support a portion of the roadway slope. FEMA prepared PW 475 for $285,875, which included the cost to construct a retaining wall ($217,500). Upon final review of the PW, FEMA determined that the Applicant did not provide a cost comparison to return the facility to its original function using alternative methods of repair. It was also not clear whether the proposed retaining wall represented the most cost-effective repair, an improved project, or a hazard mitigation opportunity. As a result, FEMA revised the scope of work, reduced funding to $50,659, and obligated under PW 475 for $163,959. In a letter dated November 29, 2006, the Governor’s Office of Emergency Services (OES) notified the Applicant of the amount obligated for PW 475. The letter discussed the appeals process in accordance with 44 CFR §206.206, and also advised the Applicant that “…if you disagree with the FEMA obligated amount or scope of work for the PW(s)…you must appeal FEMA’s determination within 60 days from the date of this letter.” The Applicant submitted its first appeal on September 12, 2007. FEMA denied the first appeal as it was submitted seven months beyond the regulatory 60-day time frame.
The OES transmitted the Applicant’s second appeal to FEMA in a letter dated June 11, 2008. The OES letter concurs with FEMA’s position that the first appeal was submitted beyond the 60-day deadline. The Applicant did not provide any extenuating circumstances for submitting the first appeal after the established deadline.
Did the Applicant submit its first appeal within the regulatory timeline?
44 CFR §206.206(c)