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Second Appeal Letter
PA ID# 079-91027; Central Coast Water Authority
DSR ID# 94759,94760,94761,94767,94768; Pipeline Repairs
July 22, 1998
Mr. Gilbert Najera
Governor's Authorized Representative
Governor's Office of Emergency Services
Public Assistance Section
74 North Pasadena Avenue
West Annex, 3rd Floor
Pasadena, California 91103
Dear Mr. Najera:
This letter is in response to your December 17, 1997, submittal of the Central Coast Water Authority's second appeal of Damage Survey Reports (DSRs) 94759, 94760, 94761, 94767, and 94768 under FEMA-1046-DR-CA. The subgrantee is appealing the Regional Director's determination that the subgrantee did not have legal responsibility for the pipeline, which was under construction.
I have determined that the submitted contract and the Payment Application and Certificate documents do not support that the subgrantee was legally responsible for (or the owner of) the pipeline at the time of the disaster declaration. Therefore, the appeal is denied. Please refer to the enclosed analysis for more detail.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Z. Whetstone
FEMA Region IX