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Second Appeal Letter
PA ID# 041-99041-00; Marin County
PW ID# 2988; Stafford Lake Bridge
March 23, 2010
Governor’s Authorized Representative
California Emergency Management Agency
3650 Schriever Avenue
Mather, California 95655
Re: Second Appeal–Marin County, PA ID 041-99041-00, Stafford Lake Bridge,
FEMA-1628-DR-CA, Project Worksheet (PW) 2988
Dear Mr. McCarton:
This letter is in response to your letter dated July 28, 2009, which transmitted the referenced second appeal on behalf of Marin County Department of Parks and Landscape (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) determination to deny an additional $103,273 for the replacement of the Stafford Lake Bridge.
Heavy rains from December 17, 2005, through January 3, 2006, damaged the Stafford Lake Bridge. The large volume of water lifted off over half of the wooden bridge decking and broke four of the support beams loose causing one end of the bridge to drop. The Applicant removed the bridge because of the hazard it presented to the public. FEMA prepared PW 2988 on May 30, 2006, for $30,538 to repair the disaster damage to the bridge. On December 10, 2007, the Applicant submitted a request to the Grantee for an additional $113,862 to replace the wooden bridge with a steel bridge and to comply with the requirements of the Americans with Disabilities Act (ADA). The Grantee sent the request to FEMA in a letter dated May 19, 2008. FEMA denied the Applicant’s request for an additional $113,863 in a letter dated October 9, 2008. The Applicant appealed this determination in a letter dated December 22, 2008. The Acting Regional Administrator partially approved the Applicant’s first appeal in a letter dated March 19, 2009. Specifically, the Acting Regional Administrator approved an additional $6,108 for ADA compliance in accordance with Response and Recovery Policy 9525.5, Americans with Disabilities Act (ADA) Access Requirements, dated October 20, 2000. The Applicant submitted a second appeal in a letter dated May 28, 2009.
I reviewed all information submitted with the appeal and have determined that the Stafford Lake Bridge is not eligible for replacement and the eligible cost to comply with ADA requirements is limited to 20 percent of the eligible cost to repair the disaster damage. The Acting Regional Administrator’s decision on the first appeal was consistent with applicable statue, program regulations and policies. Therefore, I am denying the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter as set forth in 44 CFR§206.206, Appeals.
Elizabeth A. Zimmerman
cc: Nancy Ward
FEMA Region IX