South Florida Water Management District
Peer Review Forum
Regulatory Peer Review Forum
December 5, 2014
9:00 am – 11:00 am
South Florida Water Management District
Richard Rogers Conference Room
3301 Gun Club Road, West Palm Beach, FL 33406
Summary
Attendees:
Sharon Trost
Ken Todd
Paul Whalen
Cecile Piverotto
Dick Tomasello
Tony Waterhouse

Jesse Markle
Maria Clemente
Steve Sarley
Anita Bain
Ken Roundtree
Kyle Grandusky

1. Opening Remarks – Sharon Trost
2. Rule Development to Revise Works of the District, Chapter 40E-61


Sharon Trost briefly explained the purpose of the rule and noted that it has
been removed from the Governing Board Agenda. Once the “B Map” is
adopted by the FDEP, the item will be put back on the Agenda, possibly
January or February 2015. Pam Wade will give a detailed presentation at a
future Regulatory Peer Group forum.

3. Status Report on Interagency Meeting, December 2nd and 3rd between DEP
and WMDs


Sharon Trost explained that the Interagency Meeting is an opportunity for
FDEP and the Water Management Districts to discuss ongoing rulemaking
and other issues.



Anita Bain reviewed a few of the topics discussed:
o Possible changes to Chapters 18-21 and 18-20. Some of the ideas
being discussed included: eliminating the need for appraisals for

 private easement and using a fee system instead; expanding the
delegation to larger projects and no slip limit; over-water dining
structures; and, removing the CE requirement for multi-family docks.
o They are still working on UMAM – no rule language at this time.
o SWERP II – work on the glitch rule continues.
o Mitigation banking – updating a 20-year old rule – probably won’t
happen anytime soon.
o There was also some discussion on consistency with compliance and
enforcement amongst FDEP and the Water Management Districts.
o No major decisions were made.
4. Other Comments


Sharon announced that the local FDEP office has moved from the Congress
Avenue location to the South Florida Water Management District B-2 Building,
3rd Floor.



Western C-51 Rule – Tony Waterhouse stated the rule should be wrapped up
over the next couple of months. Jesse Markle provided a brief update. Ken
Todd mentioned that Jesse Markle and his team’s work on the Western C-51
Rule have been very helpful in working with FEMA to update the flood maps.



Ken Todd provided a brief history on the FEMA maps and the revision
process which started in 1999. The public meetings have been held with
publication planned for December 26, 2014 and January 2, 2015, at which
time the 90-day appeal process begins. Ken cautioned that scientific
documentation will be required in order to appeal.



The Flood Insurance Program meeting in the Glades was poorly attended.
South Bay, Belle Glade and Pahokee were represented.



Sharon mentioned a wetter dry season is expected – releases will begin this
week to the Caloosahatchee.



Ken Todd discussed concerns over the impact of the upcoming WOTUS rule
which identifies waters of the US under federal jurisdiction under the Clean
Water Act. Ken Todd and Chris Pettit addressed their concerns in a joint
letter submitted to the EPA. Comments were due in November. The rule is
set to be finalized in April. Ken Todd agreed to send a copy of the
PowerPoint to the attendees of the Peer Review group.

5. Next meeting date/other topics/adjournment


The next meeting will be held Friday, May 6th at 9:00 am in the Richard
Rogers Conference Room