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Second Appeal Letter
PA ID# 037-99037-00; Los Angeles County
PW ID# 775; Las Flores Canyon Road Repair
November 5, 2007
Mr. Paul Jacks
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal – Los Angeles (County), PA ID #037-99037-00, Las Flores Canyon Road Repair, FEMA-1585-DR-CA, PW #775
Dear Mr. Jacks:
This is in response to your letter dated January 12, 2007, which transmitted the referenced second appeal on behalf of Los Angeles County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA’s) decision not to increase funding for the repair of damages to a section of Las Flores Canyon Road.
As explained in the enclosed analysis, we have determined that the stabilization of the slide along Las Flores Road is not eligible for FEMA funding because the failed section of road lies within an historic landslide that was active as recently as 1998. Consequently, according to Response and Recovery Directorate Policy Number 9524.2, Landslide Policy Relating to Public Facilities, the cost to stabilize the site and restore integral ground to support the pavement is the responsibility of the applicant. FEMA may fund the repair and restoration of the pavement as well as any appurtenances (i.e., guard rails, signs, etc.) that existed at the site prior to the disaster. Therefore, I am denying the second appeal. Further, FEMA will de-obligate all funding previously approved in PW #775, except for $38,358, the cost to repair the road pavement, guard rail and traffic control. The Regional Administrator will prepare a PW to implement this determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX