|Applicant||East Boulder County Water District|
|PW ID#||GMP 671623|
SENT VIA EMAIL
Michael Haney Mark A. Johns
Office of Grants Management East Boulder County Water District
Colorado Division of Homeland Security P.O. Box 18641
and Emergency Management Boulder, Colorado 80303-1641
9195 E Mineral Avenue, Suite 200 president@ eastboulderwater.com
Centennial, Colorado 80112-3556
Second Appeal – East Boulder County Water District, PA ID: 013-U0RZG-00,
FEMA-4634-DR-CO, Grants Manager Project (GMP) 671623 – Appeals
This is in response to a letter from the Colorado Division of Homeland Security and Emergency Management (Recipient), dated April 26, 2023, which transmitted the referenced second appeal on behalf of East Boulder County Water District (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $28,422.78 in costs pertaining to flushing its water lines and testing for sanitation chemical levels.
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) (2021), requires that applicants must file appeals within 60 days after receipt of a notice of the action that is being appealed. Recipients must then review and forward appeals within 60 days after receipt of the appeal from the applicant.
According to the Administrative Record, the Applicant received notice of the claimed work being ineligible by way of a Determination Memorandum on October 4, 2022 and filed its first appeal on December 1, 2022. However, the Recipient did not transmit the appeal until February 1, 2023. This was after the 60 calendar-day timeframe required by FEMA’s regulations, making the first appeal untimely. Therefore, this appeal is denied.
This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.
Deputy Director for Policy
Public Assistance Division
cc: Nancy Dragani
FEMA Region 8