This is in response to a letter from your office dated December 5, 2014, which transmitted the above referenced second appeal on behalf of the Vermont Fish & Wildlife Department (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) first appeal determination that facility upgrades associated with a National Pollutant Discharge Elimination System (NPDES) permit are ineligible for public assistance funding. As explained in the enclosed analysis, the work to replace the Applicant’s open pond system with a tank based system is not “required as the result” of Tropical Storm Irene. This appeal is denied on that basis. FEMA Region I is instructed to work with the Applicant to identify potential funding for a section 406 hazard mitigation measure that could be added to the eligible scope of work for the restoration of the open pond system. It may be possible for the funding for such a hazard mitigation measure to be included in a Section 428 fixed capped project award, and potentially available to fund upgrading the hatchery to a tank based system so long as the tank based system provides the same or greater level of hazard mitigation that would have been achieved by the original mitigation measure to the open pond system. Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.