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Second Appeal Letter
PA ID# 013-91048; Contra Costa Transportation Authority
DSR ID# 28472,28473,28474,28478; Landslide on State Route 4 (Willow Pass Project)
August 21, 1997
Mr. Richard Ray
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 239013
Sacramento, California 95823-9013
Dear Mr. Ray:
This letter is in response to your November 14, 1996, transmittal of the Contra Costa Transportation Authority's (subgrantee) second appeal of FEMA's decision not to fund repair of the damage sustained at the Willow Pass Project site. FEMA's decision was based on the fact that all damage occurred in the right-of-way of a Federal Aid System highway and is, therefore, under the specific authority of the Federal Highway Administration (FHWA). In support of its appeal, the subgrantee submitted a copy FHWA's September 19, 1995, denial letter, in addition to several other documents from the California Department of Transportation and the subgrantee's various consultants.
Based on our review of the documentation, the work necessary to repair damage at the Willow Pass Project site does not meet the criteria outlined in Sections 102, 312, 406, and 407 of the Stafford Act and implementing regulations 44 CFR 206.223(a)(1) and (a)(3), 206.224(a)(1), and 206.226. Therefore, the subgrantee's second appeal is denied. Please refer to the enclosed appeal analysis.
Please inform the applicant of this determination and their right to submit a third appeal pursuant to 44 CFR 206.206(e).
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate