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Second Appeal Letter
PA ID# 000-92004; University of North Dakota
PW ID# XXX-XXXXX; Steam Line Replacement
March 20, 2008
Lonnie G. Hoffer
Alternate Governors Authorized Representative
Office of the Adjutant General, Department of Emergency Services
P.O. Box 5511
Bismarck, ND 58506-5511
Re: Second Appeal University of North Dakota, PA ID 000-92004
Steam Line Replacement
, FEMA-1174-DR-ND, Damage Survey Report (DSR) 64854
Dear Mr. Hoffer:
This is in response to your letter dated February 13, 2007, which transmitted the second appeal of the University of North Dakota (Applicant) dated October 31, 2006. The appeal disputes the Department of Homelands Securitys Federal Emergency Management Agencys (FEMA) denial of costs for landscaping and eight contract change orders associated with the replacement of the Applicants steam line system.
For reasons explained in the enclosed analysis, I have determined that the costs associated with the seeding and sod for the trenched areas are ineligible for FEMA assistance and three of the eight change orders are eligible for FEMA assistance. Therefore, I am partially granting the Applicants appeal. By copy of this letter, I am requesting the Regional Administrator take appropriate action 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: Robert L. Flowers
FEMA, Region VIII