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Appeals

Appeal Brief Appeal Letter

Appeal Brief

Disaster4390
ApplicantMartin County Drainage Authority
Appeal TypeSecond
PA ID#091-99091-03
PW ID#PW 596
Date Signed2021-05-28T16:00:00

N/A

Appeal Letter

Joe Kelly

Director

Minnesota Homeland Security and Emergency Management

445 Minnesota Street, Suite 223

St. Paul, Minnesota, 55101-6223

 

Re:

Second Appeal – Martin County Drainage Authority, PA ID: 091-99091-03, FEMA-4390-DR-MN, Project Worksheet (PW) 596 – Appeals

 

Dear Director Kelly:

This is in response to a letter from your office dated May 17, 2021, which transmitted the referenced second appeal on behalf of Martin County Drainage Authority (Applicant).  The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $686,600.00 in costs pertaining to additional repairs and proposed mitigation to repair the Judicial County Ditch.

Section 423(a) of the Stafford Act provides that any decision regarding eligibility for assistance may be appealed within 60 days after the date on which the applicant is notified of the award or denial of assistance.  Implementing this provision, Title 44 of the Code of Federal Regulations, Section 206.206(c), requires that applicants must file appeals within 60 days after receipt of a notice of the action that is being appealed.  Grantees must then review and forward appeals within 60 days after receipt of the appeal from the applicant.

According to the Administrative Record, the Applicant filed its first appeal on July 30, 2020.  However, the Minnesota Division of Homeland Security and Emergency Management did not transmit the appeal until September 30, 2020.  This was after the 60-day timeframe required by FEMA’s regulations, making the first appeal untimely.  Therefore, this appeal is denied.

Please inform the Applicant of my decision.  This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.

 

                                                                      Sincerely,

                                                                          /S/

                                                                       Ana Montero

                                                                       Division Director

                                                                       Public Assistance Division

cc: Kevin M. Sligh, Sr.

Acting Regional Administrator

FEMA Region V

Last updated May 28, 2021