Appeals

Appeal Brief

Disaster	4542
Applicant	Seneca (City of)
Appeal Type	Second
PA ID#	073-65095-00
PW ID#	GMP 146654/PW 52
Date Signed	2022-04-26T16:00:00

N/A

Appeal Letter

Kim Stenson

Director

South Carolina Emergency Management Division

2779 Fish Hatchery Road

West Columbia, South Carolina 29172

Re:	Second Appeal – Seneca (City of), PA ID: 073-65095-00, FEMA-4542-DR-SC, Grants Manager Project (GMP) 146654, Project Worksheet (PW) 52 – Appeals

Dear Mr. Stenson:

This is in response to a letter from your office dated February 11, 2022, which transmitted the referenced second appeal on behalf of the City of Seneca (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $83,162.34 in costs pertaining to roadway surface, sidewalk, and street sign repairs.

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 (“C.F.R.”), 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.

According to the administrative record, the Applicant received notice of FEMA’s denial by way of a Determination Memorandum on January 29, 2021. However, it did not submit its Second appeal until May 24, 2021. This was after the 60-day timeframe required by FEMA’s regulations, making the Applicant’s second 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: Gracia Szczech

Regional Administrator

FEMA Region IV

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