THE HIGH
WATER MARK
THE NEWSLETTER OF THE FLOODPLAIN MANAGEMENT ASSOCIATION 2019 - Volume 29, Issue 3
THE HIGH
WATER MARK The Newsletter of the Floodplain Management Association August 2019 - Volume 29, Issue 3 Mission: To promote the common interest in reducing flood losses and to encourage the protection and enhancement of natural floodplain values.
George Booth - Chair Sacramento County Boothg@saccounty.net 916-874-6484
Brian Brown - Director MBK Engineers brown@mbkengineers.com 916-456-4400
Carol Tyau-Beam - Advisor Hawaii DLNR Carol.L.Tyau@hawaii.gov 808-587-0267
Alex Yescas - Vice Chair HDR Engineering, Inc. Alex.yescas@hdrinc.com 858-712-8283
Darren Suen - Director California DWR Darren.Suen@water.ca.gov 916-574-0653
Bunny Bishop - Advisor Nevada DWR 775-684-2834 bbishop@water.nv.gov
Mike Nowlan - Treasurer Wood Rodgers, Inc. MNowlan@woodrodgers.com 916-326-5277
John Powderly - Director Powderly@yahoo.com 916-471-8615
Jeanne Ruefer - Advisor HWC INC jeanneruefer@gmail.com 775-722-7395
Abigail Mayrena - Director Clark County RFCD AMayrena@regionalflood.org 702-685-0000 Connie Perkins - Secretary City of Sacramento CPerkins@cityofsacramento.org 916-808-1914 Brent Siemer - Director City of Simi Valley, DPW BSiemer@simivalley.org 805-583-6805
Mark Seits - Past Chair HDR Engineering, Inc. Mark.Seits@hdrinc.com 858-712-8312 David Pesavento - Advisor California DWR David.Pesavento@water.ca.gov 916-574-1205 Salomon Miranda - Advisor California DWR Salomon.Miranda@water.ca.gov 818-549-2347
John Moynier - Director Michael Baker International 949-855-5759
Alan Haynes - Advisor NOAA Alan.haynes@noaa.gov 916-979-3056
Vince Geronimo - Director Mead and Hunt vince.geronimo@meadhunt.com (916) 993-4606
Eric Simmons - Advisor FEMA Region IX Eric.Simmons@fema.dhs.gov 510-627-7029
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Mary Seits - Executive Director Floodplain Management Association (760) 936-3676 mary.seits@floodplain.org Jose Lara - Advisor CalOES (916) 845-8883 Jose.Lara@CalOES.ca.gov Jeremy Lancaster - Advisor California Geological Survey (916)323-8553 Jeremy.Lancaster@Conservation.Ca.Gov
CONTENT
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A Note From The Chair
4
Federal/ National News
6
State News
8-10
Meet the Board
13
Conference Reminder
11
Call for Articles
14
FMA Board Agency Report
15-16
Legal Update
17-19
New Communication Toolkit & Videos
20
The FMA Mentoring Program
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FMA NEWS
A NOTE FROM THE CHAIR By George Booth Floodplain Management Association This two-year term as the Chair of FMA has flown by and it has been an honor and a pleasure. As the final note from this Chair, I want to overstress the importance of associating with each other. To me, hanging around FMA for two decades, it is a joy to meet and greet all of you at the conference and other functions. Whenever I get in a jam in my work, it is nice to pick up the phone or drop an email to one of you to seek advice. Many of you have mentored me over the years. I wonder though, what it is like for the newest people, particularly those who are not naturally gregarious. Let’s teach new associates to associate in our Association. Let’s go out of our way to introduce ourselves to the new people at the conference this year. As Chair, I get to peek under the tent and see what’s really going on; that is, I can see the real nuts and bolts of the FMA operation. Let me assure you this, Mary Seits (your executive director) is doing a great job leading FMA. It can be like trying to stack marbles on an icy slope, like being the drum major in a cat parade, or as challenging as trying to organize volunteers! She is great at it. We have had several symposiums, many training courses, and I’ll just say, the conference in September is very well orchestrated and will certainly be a great event. Don’t tell her that I suggested this, but we should all take a minute to thank Mary at the conference. These days, digital associating (face tube, tweeter, instant gram, and etcetera) is all the rave but I think associating with people in person is much more fun. Not to blow our own horn, but the conference committee has a great social event planned for Thursday evening. We hope you can make it, associating with you is better than just talking about you.
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Since this is my last note as chairman, I want to encourage you to get more involved with the Association, maybe join a committee, apply for a Board position, help out with the 2020 conference, come to a luncheon, or put on an association social function. The current FMA committees include awards, membership, training & professional development, coastal, modeling & mapping, luncheon seminars, newsletter, emerging professionals, social media, conference, and extreme precipitation symposia. To begin associating with a committee let Mary Seits know you’re interested mary.seits@floodplain.org, and we will have a sign-up table at the Conference. Cheers! George Booth, Chair
SAVE THE DATE Floodplain Management Association Annual Conference September 3-6, 2019 Sheraton Hotel & Marina – San Diego, CA 3rd Annual SWEPSYM April 2, 2020 The Scripps Institute of Oceanography – University of California, San Diego CEPSYM June 30, 2020
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SAVE THE DATE
FLOODPLAIN MANAGEMENT ASSOCIATION ANNUAL CONFERENCE
SEPTEMBER 3-6, 2019 SHERATON HOTEL & MARINA – SAN DIEGO, CA CLICK HERE TO REGISTER CONFERENCE PROGRAM
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FEDERAL/NATIONAL NEWS For an update of the latest disaster declarations CLICK HERE
For information on Flood Insurance Reform – Rates and Refunds CLICK HERE
Advisor Update • FEMA continues to implement the Disaster Recovery Reform Act of 2018 (DRRA, information at www.fema.gov/disaster-recovery-reformact-2018) with a priority on building capability for communities across lifelines. A lifeline enables the continuous operation of government functions essential to public safety or economic security. The seven lifelines identified by FEMA are safety and security; flood, water and sheltering; health and medical; energy; communications; transportation; and hazardous material. • With DRRA, Pre-Disaster Mitigation (PDM) grants are being replaced by a new program called Building Resilient Infrastructure and Communities (BRIC). BRIC will provide new opportunities by establishing a more reliable stream of funding based on a 6% set aside on annual disaster relief expenditures. FEMA’s application period for Flood Mitigation Assistance (FMA) and PDM grants for 2018 closed with 70 applications in Region IX. A total of $395.2 million is available nationwide for these two competitive grant programs. Subapplicants for these grants must have a FEMA approved mitigation plan.
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• FEMA is standing up new grants. The High Hazard Potential Dams (HHPD) program is developing guidance to award grants this September to rehabilitate dams and reduce risk. Congress appropriated $10 million for HHPD with authorization for an additional $400M over the next 7 years. • In June a federal disaster relief package became law providing for infrastructure repair in the Southeast, Midwest, Puerto Rico and California impacted by wildfire, flooding and hurricanes. • The National Academy of Sciences released a report on urban flooding (www.nap.edu/ catalog/25381/framing-the-challenge-ofurban-flooding-in-the-united-states). • Peter Gaynor is serving as Acting FEMA Administrator and Jeffrey Byard has been nominated to lead the agency. • The National Flood Insurance Program is currently authorized until September 30, 2019.
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FMA NEWS
STATE NEWS California 1. CalOES Submits Oroville Spillways Reimbursement Appeal The Department of Water Resources (DWR) was notified on July 22 that the Governor’s Office of Emergency Services (CalOES) submitted DWR’s Oroville spillways reimbursement appeal to the Federal Emergency Management Agency (FEMA). FULL STORY
2. New Yolo Bypass Fish Passage Project Approved: Mitigation Corridor to Protect Endangered Fish DWR has secured final state and federal approval for a project that will expand a migration corridor for fish to the Yolo Bypass, the Sacramento Valley’s main floodplain. FULL STORY
3. DWR Approves Nine Alternatives to Groundwater Sustainability Plans DWR announced approval of nine alternatives to groundwater sustainability plans (GSPs) submitted by water agencies to meet requirements of the Sustainable Groundwater Management Act (SGMA). FULL STORY
4. DWR Releases Final California Water Plan Update 2018 DWR released the Final 2018 Update to the California Water Plan. FULL STORY
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5. Road Closures Near Oroville Dam Begin July 15 DWR today announced contractors will begin road work on Oroville Dam Blvd East and Glen Drive on July 15 to improve the roadway surface impacted by installation of a new fiber optic conduit from the Operations and Maintenance Center at the Oroville Field Division to the Hyatt Powerplant Complex. FULL STORY
6. State Withdraws WaterFix Approvals, Initiates Planning and Permitting for a Smaller Single Tunnel The Department of Water Resources (DWR) is taking formal steps to withdraw proposed permits for the WaterFix project and begin a renewed environmental review and planning process for a smaller, single tunnel project that will protect a critical source of water supplies for California. FULL STORY
Hawaii For archived Wai Halana Newsletters CLICK HERE
For the new transformed flood information platform from Hawaii visit their exciting new weekly blog HERE
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Nevada Outreach • The sixth annual Nevada Flood Awareness Week (FAW) is scheduled for November 16 – 22, 2019. This year’s FAW will kick-off on November 16 with an event held at the Meadowood Mall in Reno, NV. There will be flood model demonstrations and booths set up by our partner agencies to assist in spreading the word about flood preparedness, awareness, and safety. The goal of FAW is to create flood resilient communities in Nevada and increase flood awareness throughout the state. Flood awareness and preparedness is raised through the coordination of local outreach events, a media campaign, and the NEVADAFLOODS.ORG website.
Discovery • Lower Truckee River Watershed Discovery Meetings were held on July 16, 2019 and July 18, 2019. FEMA Region IX and State of Nevada staff met with stakeholders in the Lower Truckee River Watershed to discuss the risks and resource needs in their communities. The purpose of the Discovery meeting is to “discover” the needs of the stakeholders in the watershed. These needs can be related to multi-hazard risk assessment including fire, flood, and earthquake. After discussions about risks and needs with the communities, the Discovery Team reviews this information and identifies available resources and tools. The Discovery Report is a launch pad for mitigation actions and future collaboration.
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STATE NEWS (CONTINUED)
The Discovery process is a multi-year effort to provide communities with risk assessment tools, outreach support, more precise flood maps, grants information, floodplain management, and planning tools to strengthen local capacity and support informed risk reduction and resilience decisions. Discovery is part of the FEMA Risk Mapping, Analysis, and Planning (Risk MAP) program.
On September 18, there will be Elevation Certificate, Map Service Center, and LOMAs training. This free training opportunity is offered by the Floodplain Management Program for the Nevada Division of Water Resources. CECs are available each day for ASFPM CFMs. For more information visit NEVADAFLOODS.ORG.
Training • Save the date for the 2019 Nevada Floodplain Managers Workshop on September 17 – 18, 2019 in Carson City, NV. The agenda for September 17 will include presentations and updates from partner agencies and local floodplain managers.
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MEET THE BOARD - JEANNE RUEFER New ASFPM Chapter Director for District 5 Hi everyone! I am in a new role representing the Chapters in Regions 9 and 10, which includes three ASFPM Chapters; FMA, Arizona, and the Northwest Regional Floodplain Management Associations. This role includes keeping in touch with the Chapter executives, attending Board Meetings (mostly remotely!), and attending conferences when possible, to keep the ASFPM Chapters informed about ASFPM policy matters, and hot topics of interest, such as NFIP Reform, national legislation of interest to the floodplain management community, and just generally being available as a liaison between the Chapters and the ASFPM office in Madison, Wisconsin.
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Some of you might remember me as a member of the FMA Board many years ago. I represented the Region 9 States on the ASFPM Board for the last 6 years, and am the Arid Regions Policy committee co-chair. In my new role, I am looking forward to working with the FMA Board members and the membership to establish a strong connection to the ASFPM Home office and Board.
With offices throughout California, Hawaii and Nevada, AECOM is ready to meet your floodplain, mitigation and resilience needs. FMA NEWS aecom.com
CALL FOR ARTICLES! The FMA Newsletter welcomes the input of its members and now our extended family of readership to contribute to the conversation! Keep the great articles coming! We need to hear from all of you. There’s always room for more to join the ranks of published authors. Showcase your programs, projects, tools, policies, regulations or ideas to hundreds of floodplain management professionals throughout the U.S.! Articles must be submitted in Word format to Mary.Seits@Floodplain.org and may contain 2-3 small pictures. Preferred length is less than 850 words.
For more details call (760) 936-3676.
Ideas transform communities At HDR, we’re helping our clients push open the doors to what’s possible, every day.
hdrinc.com FMA NEWS
FMA BOARD AGENCY REPORT - NOAA/NWS
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Alan Haynes
Forecast Informed Reservoir Operations (FIRO) and Folsom Water Control Manual– A steering
committee has been formed for the new YubaFeather Forecast Informed Reservoir Operations project, which primarily addresses the dual operations for Lake Oroville (Feather Basin) and New Bullards Bar (Yuba Basin). The primary Committee membership includes representatives from the California Dept. of Water Resources State Water Project, the US Army Corps of Engineers Sacramento District Water Management Group, and the National Weather Service’s California Nevada River Forecast Center. This FIRO group is the third in California, adding to one for Lake Mendocino in Mendocino County and one for Prado Reservoir in Orange County. Alan Haynes is a member on all three steering committees. FIRO is an organized attempt to leverage hydrologic forecasts in informing reservoir operations. For example, in general, more water will be able to be stored in the reservoirs throughout the rainy season unless forecasts indicate additional space is needed to manage a flood safely. These concepts have already been formalized within the new water control manual for Folsom Lake. Representatives from the California Nevada River Forecast Center (CNRFC) joined representatives from the US Bureau of Reclamation (USBR) and US Army Corps of Engineers (USACE), along with local officials, at Folsom Dam to commemorate the event on June 12th (figures 1 and 2).
The revised water control manual is directly tied to the construction of an auxiliary spillway that will be used to complement the functions of the main Folsom Dam, which will allow water to be released earlier and more safely from Folsom Lake during a high water event. The roughly $900 million auxiliary spillway took nearly a decade to complete and was designed to help the Sacramento region achieve a 200-year level of protection, meaning there will be a one-in-200 chance for flooding in any given year. This revised water control manual is significant because it’s the first time that forecast-informed decision-making is formally being used to shape reservoir flood operations and because it incorporated the newly-constructed auxiliary spillway in the USACE’s planning considerations. The revised manual includes rules for using probabilistic hydrologic forecasts from the CNRFC to improve both flood protection and water supply. Essentially, more water will be able to be stored in the reservoir throughout the rainy season unless forecasts indicate additional space is needed to manage a flood safely. Prior to a large flood, CNRFC probabilistic forecasts will dictate how much water must be evacuated from the reservoir in advance of the storm.
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FMA BOARD AGENCY REPORT - NOAA/NWS (CONTINUED)
National Water Model 2.0 – A new version of the National Water Model (NWM) is currently undergoing testing. Major revisions to the National Water Model are expected on a yearly basis. Enhancements associated with version 2.0 include:
• Expansion of the NWM to include the Hawaiian Islands • Addition of a medium-range ensemble forecast configuration Ingest of RFC-based Multi-Sensor Precipitation Estimator (MPE) precipitation from NCEP Stage IV dataset into a new daily NWM analysis and assimilation cycle (basically uses observed precipitation forcings quality-controlled by the River Forecast Centers)
• Use of higher resolution Global Forecast System (GFS) model forcing (mainly precipitation and temperature forecasts) and improved forcing downscaling with a Mountain Mapper-based approach (provides better resolved features such as orographically enhanced precipitation, important especially in the West). • Addition of a medium-range ensemble forecast configuration Ingest of RFC-based Multi-Sensor Precipitation Estimator (MPE) precipitation from NCEP Stage IV dataset into a new daily NWM analysis and assimilation cycle (basically uses observed precipitation forcings quality controlled by the River Forecast Centers) • Enhancements to model physics and underlying hydrofabric
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LEGAL UPDATE: FEMA’S NATIONAL FLOOD INSURANCE PROGRAM AND THE ENDANGERED SPECIES ACT
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Andrea Clark Over the past decade, the Federal Emergency Management Agency has been the target of multiple lawsuits alleging that the agency has violated the Endangered Species Act. In the latest round of litigation, a federal court in California has struck down as arbitrary and capricious FEMA’s analysis and conclusion under the Endangered Species Act that its administration of the NFIP was not likely to adversely affect endangered or threatened species or habitat. Background
The Federal Emergency Management Agency (FEMA) is the federal agency tasked with disaster mitigation, preparedness, response and recovery planning. As part of that mission FEMA administers the National Flood Insurance Program (NFIP), which offers flood insurance to homeowners, renters, and business owners if their community participates in the NFIP. Participating communities agree to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding. As part of its administration of the NFIP, FEMA publishes flood hazard maps called Flood Insurance Rate Maps, or FIRMs. The purpose of a FIRM is to show the areas in a community that are subject to flood risks. FEMA uses the information provided in FIRMs to determine insurance requirements and rates within each mapped community. Information in FIRMS can also dictate whether a community can allow for development.
Prior Legal Challenges to the NFIP
Over the past decade FEMA has been sued multiple times over the relationship between its administration of the NFIP program and the protection of endangered species under the ESA. Because the NFIP program can dictate whether and where development can occur within a community, conservation groups have argued that FEMA’s NFIP program allows building to occur in areas where it otherwise would not. Since most private insurers will not insure homes in such floodprone areas, absent the NFIP program building in those areas would otherwise not occur. In one case, for example, a court found evidence demonstrating that NFIP insurance was associated with adverse impacts on endangered Key Deer in Monroe County, Florida. See Florida Key Deer v. Michael D. Brown (S.D. Fla., Case No. 90-10037, September 12, 2005 Order). That court issued an injunction prohibiting FEMA from issuing subsidized flood insurance policies for new construction on many parcels in the Florida Keys. In 2008, in Puget Sound, Washington, a District Court required that FEMA consult with the National Marine Fisheries Service, whose Biological Opinion concluded that the NFIP was actually pushing salmon and orcas toward extinction. See National Wildlife Federation v. FEMA, 345 F.Supp.2d 1151 (W.D. Wash. 2004). As required by the ESA,
The purpose of the Endangered Species Act (ESA) is to ensure that federal agencies and departments use their authorities to protect and conserve endangered and threatened species. Section 7 of the Act requires that federal agencies prevent or modify any projects authorized, funded, or carried out by the agencies that are “likely to jeopardize the continued existence of any endangered species or threatened species, or result in the destruction or adverse modification of critical habitat of such species.” FMA NEWS
LEGAL UPDATE: FEMA’S NATIONAL FLOOD INSURANCE PROGRAM AND THE ENDANGERED SPECIES ACT
the Biological Opinion set forth an alternative approach for FEMA that would not result in jeopardy to those species. In other words, FEMA had to re-write its NFIP program for this community to address ESA concerns. FEMA’s new ordinance includes new requirements that development within the floodplain and riparian buffer area be either prohibited or that its impacts to the stream be completely mitigated. Any development in these sensitive areas should be required to use “low impact development.” In 2009, environmental plaintiffs sued FEMA in Oregon alleging that FEMA violated Section 7 by not consulting with NMFS regarding potential effects of the NFIP on Oregon salmon and steelhead listed as threatened and endangered under the ESA in Oregon. See Audubon Society of Portland et. al. v. FEMA (D. Ore., Case. No. 3:09-cv-729-HA). In 2010 the parties settled the case, with FEMA agreeing to consult with NMFS
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on effects of implementation of the NFIP, mapping of floodplains, and the Community Rating System (CRS) for salmon and steelhead. In 2016 NMFS issued a biological opinion concluding that parts of the NFIP could jeopardize endangered salmon species, and proposing reasonable and prudent alternatives. Since that time FEMA has been working to implement the reasonable and prudent alternatives to ensure that local permits do not authorize activities that contribute to the loss of salmon habitat. Recently FEMA decided to delay implementation until 2021 in light of the difficulty in modifying floodplain permit review standards. California Court Rejects FEMA’s Nationwide Compliance Approach
After years of consulting with the resources agencies and publishing biological opinions (concluding likely jeopardy) for individual regions/states, FEMA decided on a different approach in 2016 when it published a biological evaluation of the potential
19 effects of NFIP nationwide, triggered by proposed revisions to the NFIP. In that biological evaluation, FEMA concluded that the NFIP would not have any effect on species listed as threatened or endangered under the ESA. Importantly, FEMA excluded from its evaluation any effects of floodplain development on listed species, arguing that FEMA is not involved in state and local government land use decisions regarding development (thus there is no federal agency action). An environmental advocacy group challenged FEMA’s biological evaluation (Ecological Rights Foundation v. FEMA (N. D. Cal., Case No. 17-cv-02788-JD)), arguing that FEMA arbitrarily and capriciously carved out floodplain development from its evaluation of the effects of NFIP on listed species, with no reasonable basis. The District Court agreed, criticizing FEMA’s contention that it has “no role” in issuing or denying local permits for floodplain development. To the contrary, “[the] Evaluation expressly acknowledged FEMA’s broad and deep role in establishing detailed floodplain management criteria and practices, policing participation in NFIP and access to federal insurance based on community adoption and enforcement of the criteria, adjusting insurance premiums under the CRS in light of compliance, and several other measures that directly affect how floodplains are managed.” The Court concluded that the biological evaluation’s “no effect” determination was arbitrary and capricious, and set it aside. Conclusion
Going forward, it appears that FEMA may have to continue addressing ESA compliance on a state-by-state basis, unless it can develop a nationwide approach that adequately describes its role in floodplain management and tailors NFIP implementation accordingly (a daunting task).
FMA NEWS
NEW COMMUNICATION TOOLKIT & VIDEOS Eric Simmons Here’s something exciting! FEMA has produced a Flood Risk Communication Toolkit and Video Series to help increase resilience to hazards. The toolkit and videos are intended to empower community officials to effectively communicate with the public about flood risk. The benefits of flood mapping and its connection to risk reduction are showcased using plain language. The toolkit and videos were developed to help local officials maintain an open channel for risk communication. The toolkit includes templates and guides for communications, effective public
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meetings, and a social media strategy for addressing flood risk. It is supported by story maps and videos that visually communicate the objectives of updating flood risk data and maps. These resources provide a clear and consistent experience, with a goal of providing leaders and influencers tools to plan for evolving risk, increased financial exposure, and disruptions from underestimated flood risk. FEMA encourages sharing the toolkit and videos with all.
THE FMA MENTORING PROGRAM JUMP IN THE POOL!
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Megan LeRoy Calling all interested FMA mentors! The FMA Emerging Professionals Committee is kicking off the second year of our mentoring program. Our Committee is working to engage and support Emerging Floodplain Management Professionals, as well as students and academia in related fields of study, through mentorship, networking, and training. Our new mentorship program will give mentees the opportunity to choose from a pool of mentors to get more successful matching. As a member of the pool of mentors, you will have the opportunity to network and interact with emerging floodplain managers.
After Friday, August 23, 2019, the members of the Emerging Professionals Committee will create a table of those who are open to mentoring emerging professionals. Anyone interested in jumping into the pool after Friday, August 23, 2019, can reach out to the Emerging Professionals Committee at emergingprofessionals@floodplain. org. Please invite any of your colleagues who might be interested in participating! POOL OF MENTORS APPLICATION
If you have any questions, please email: emergingprofessionals@floodplain.org.
The mentorship program will run from the 2019 FMA Conference in San Diego, California to the 2020 FMA Conference. Attendance at the conference is not required to be part of the mentor pool. Mentors will be included on a list which will be provided to emerging professionals upon their request. Mentors will be invited to give a presentation on a topic related to their professional expertise during an upcoming Emerging Professionals Committee Meeting. If you are interested in participating in this program, please fill out the interest form at the link below. Mentors who have applied by Friday, August 23, 2019, will be invited to our Emerging Professionals event during the conference. At our social on the evening of Tuesday, September 3, 2019, during the FMA Conference, all Emerging Professionals will be given a copy of the mentors list and encouraged to interact with all of the mentors who are at the conference. Those who are interested to attend the Emerging Professionals Social should meet at the registration area at 7pm on Tuesday.
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Have questions or comments about this month's articles? Participate in the discussion on the FMA facebook page!
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THE HIGH
WATER MARK The Newsletter of the Floodplain Management Association