Supposed “Letter of No Objection” to Floodplain Development Lists 3 Pages of Objections

10/31/25 – On 10/29/25, Scarborough Development/San Jacinto Preserve pitched their plans to develop 5,372 acres in Montgomery County and build a bridge across Spring Creek to Harris County.

They told Precinct 3 Commissioner Tom Ramsey and Houston City Council Member Fred Flickinger that they had “letters of no objection” (LONOs) from the Montgomery County Engineer and Harris County Flood Control District. See the red box on the page below.

The phrasing of the text implies “approval.” However, reading the text of the actual letters suggests that huge concerns remain about the project.

Montgomery County Concerns

The letter from Brian Clark, Montgomery County engineer, dated 7/2/25 or one month before Ryko sold the land to Scarborough Development/San Jacinto Preserve, has no objection to the preliminary information provided but goes on to list three pages of concerns. They start with an underlined phrase in the second paragraph.

“…additional analysis will be required incorporating a definitive land plan.”

Brian Clark, PE, County Engineer

Clark goes on to say that the land plan must be approved before any construction for any portion of the development can be approved. In addition, he says that additional analysis and construction plans must address Montgomery County’s following concerns:

• Significant potential for erosion under homes, roads, utilities and bridge(s)
• Need for emergency access and rescue planning during floods
• Potential for increased floodplain levels due to future upstream development, which could place the entire project in the 100-year floodplain. “This creates a high risk of future flood blight, negatively impacting the tax base and endangering future residents.

Page 2 contains a lengthy list of information still required:

• Detailed drainage master plan including specific lot, street, and detention pond sizing and locations.
• Master plan that includes a comprehensive no-rise floodplain analysis for the 5, 10, 100 and 500-year Atlas 14 peak flows, along with drawings that show proposed grading and the extent of floodplain encroachment.
• Atlas 14 500-year water elevations in all models
• Adequate mitigation for any fill in the 100-year floodplain
• Develop and implement robust erosion control measures and geotechnical studies to ensure the long-term stability of the development
• Design bridge and road network to guarantee adequate emergency access during the Atlas 14 500-year storm
• Analyze the proposed bridge location and describe how the proposed bridge will accommodate the dynamic (shifting) nature of Spring Creek
• Emergency access plans must be approved by the county before any plans for sections in the subdivision will be reviewed
• Submit documents indicating Army Corps approval, including any mitigation the Corps requires
• Complete environmental due diligence documentation pertaining to Endangered Species Act
• Approval of bridge plans by Harris County Flood Control District showing no modification to the main stem of Spring Creek will be required before MoCo provides any future letters of no objection.

Pages 2 and 3 contain cautions about:

• Data and calculations made in the preliminary drainage analysis.
• A conditional letter of map revision (CLOMR) must be approved by FEMA before the county can approve bridge construction plans.
• The limited nature of the LONO itself.

The letter closes with a warning:

“This memorandum does not guarantee that the ‘developable areas’ presented in the report will remain unchanged as more information becomes available.”

Brian Clark, PE, Montgomery County Engineer

That sounds like quite a mountain to climb! Especially since MoCo Precinct 3 Commissioner Rich Wheeler took the Townsen Blvd. Extension off the County’s 2025 Road Bond. Harris County Precinct 3 Commissioner Tom Ramsey, PE, also vehemently opposes a bridge across Spring Creek. And the area upstream from this development is one of the fastest growing in the region…and the country, according to the Census Bureau.

Text of Letters

Here is the entire letter, obtained via a FOIA request.

And here is the entire letter from HCFCD. It expresses many of the same concerns.

Photos Make A More Compelling Case than Engineering Studies

Having spent years now studying how upstream development changes downstream assumptions about flooding, I hope this area does not get developed. There are significant public safety concerns.

We should never forget what happened to Kingwood, Humble, I-69 and UnionPacific Railroad Bridges during Harvey.

Even if Scarborough/San Jacinto Preserve could build a bridge across Spring Creek, it would not form a reliable evacuation route in the event of another Harvey. Why? People coming south could be in floodwaters over their heads once they got off the bridge. See the pictures below.

Even the I-45 and West Lake Houston Parkway bridges were damaged.

So, in my opinion, there is NO reliable evacuation route to the south. Period. End of story.

For more photos from Harvey, see Dawn of a Disaster.

The developer can save his money on the engineering studies and cut his losses. The only way to salvage anything from this disaster-in-the-making is to donate the land to Texas Parks and Wildlife, take a tax deduction, and trumpet your concern for the environment.

Posted by Bob Rehak on 10/31/25

2985 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.