FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA WEBSITE

Environmental Compliance - Long Beach Port Commission
click to view appeal on FEMA.gov

This is in response to your letter dated July 19, 2016, which transmitted the referenced second appeal on behalf of Long Beach Port Commission (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding in the amount of $29,185.00 for costs associated with replacing the Applicant’s finger pier and repairing its boat launch ramp. As explained in the enclosed analysis, I have determined that although the Applicant completed construction on the finger pier and boat launch ramp prior to FEMA’s consultation with the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS), as required under the Endangered Species Act, NMFS issued a biological opinion after completed construction, which satisfied FEMA’s consultation requirement. In addition, the Applicant obtained a permit from the U.S. Army Corps of Engineers, as required by the Clean Water Act. Accordingly, I am granting this appeal. By copy of this letter, I am requesting the Regional Administrator take appropriate action to implement this determination. 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.

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