Today, the U.S. Army Corps of Engineers released the findings of its investigation into the wetlands on Perry Homes’ Woodridge Village property. The Corps said that the wetlands do NOT fall under its jurisdiction. Therefore, there was no violation of Section 404 of the Clean Water Act when Perry wiped out wetlands without first seeking the Corps’ permission.
Congressman Dan Crenshaw’s office released this text of an email the Corps sent to them today.
Text of Corps Email to Congressman Crenshaw
“This e-mail is in response to your request (on the behalf of Congressman Crenshaw) to be updated on our investigation into activities on the Figure Four properties located in Porter, Montgomery County, Texas. (Investigation file SWG-2019-00745).” [Editor’s note: Figure Four is the development arm of Perry Homes.]
“As discussed on the phone earlier today, the Corps of Engineers has finalized our investigation into this matter and did NOT find a violation of Section 404 of the Clean Water Act (Section 404).”
“We did confirm the presence of uplands and wetlands on the tract. Some of the wetlands had fill material placed into them. Based on the facts associated with this specific location and per federal regulation these wetlands were determined to “isolated.” They lacked any known nexus to interstate commerce. As such, they are not “waters of the United States” and are not subject to federal jurisdiction under Section 404. In accordance with federal regulation the jurisdictional status (determination) of these wetlands was coordinated with the Environmental Protection Agency prior to finalizing.”
“The property owner has been notified of the federal government’s findings and the investigation closed.”
Wetlands Question Now Moot from Legal Point of View
Normally, in cases where a question exists, developers consult the Corps before destroying the wetlands. When I asked the Corps last August whether Perry had sought a “jurisdictional determination,” the Corps answered that Perry had not.
Perry later claimed that it had hired a private consultant to determine whether the wetlands were jurisdictional. However, to my knowledge, Perry never publicly released the results of the survey. Today’s ruling by the Corps makes that whole controversy moot.
Regardless of the Corps’ rulings on the jurisdictional question, the fact remains that the Corps found wetlands on the property and they found Perry Homes had attempted to fill them in.
Wetlands Question Still Explosive from Business Point of View
Let’s see how well that worked out for Perry and its subsidiaries.
The land has become a toxic asset that will scare potential buyers.
If Perry Homes tries to build on the land after all the publicity surrounding this case, any homeowner whose foundation cracks would have a ready-made court case.
Woodridge Village “wetlands” on March 6, 2020. Water has ponded there for months.
This land appears to be unsafe, unstable, unbuildable, unsaleable, and a menace to downstream homeowners in its current state.
Plaintiff’s Engineer Points to High Hurdles for Perry to Clear
Seriously underestimated the amount of runoff from this property.
Used outdated rainfall statistics that led to underestimating the amount of detention capacity needed.
Constructed the overflow spillway between Taylor Gulley and detention pond S2 at a height that would cause North Kingwood Forest to flood.
When You’re In a Hole, Stop Digging. Literally.
It may be possible to fix some of these problems. But at what cost? Will the development ultimately be economic when residential lots are used to increase the size of detention ponds?
How Perry Could Exit Without a Loss, Mitigate Flooding, Limit Long-Term Liability
A Houston Chronicle article quotes Houston Mayor Pro Tem Dave Martin as saying that Perry quoted a price for the land that covered their acquisition cost PLUS the labor they have into it. That led Harris County to ask CoH to share the cost.
When CoH refused, Perry dropped the price to $14 million (the alleged purchase price) from $23 million, according to Community Impact newspaper. The Montgomery County Appraisal District values the land at only a little more than $1 million.
It will be very hard for Perry to sell the land and even harder to develop it. So why doesn’t Perry just donate the land to Harris County Flood Control to help them mitigate flooding?
According to a national real estate tax expert that I talked to, Perry could then write off the value of the land PLUS the value of the labor they have in it. For a billion dollar company, the tax deduction could easily EQUAL or come close to the price they are currently asking for the land.
It would also:
Give Perry a chance to recoup some shred of its once proud image.
Let Harris County Flood Control move forward quickly with a detention project that could truly mitigate flooding.
Help protect Perry from additional future flooding claims.
Posted by Bob Rehak on 5/10/2020
924 Days since Hurricane Harvey and 173 since Imelda
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_0101.jpg?fit=1200%2C592&ssl=15921200adminadmin2020-03-10 17:59:432020-03-11 06:45:57Army Corps Finds Wetlands on Perry Homes Woodridge Village Property Did Not Fall Under Corps’ Jurisdiction; What Next?
A flyover of the lower portion of Ben’s Branch on March 6, 2020, revealed that Harris County Flood Control has nearly restored its conveyance, even if some sediment still needs to be hauled off.
With most of lower Ben’s Branch cleaned out, the Kingwood Library (left), Kingwood Greens (right), and The Enclave (background) can now breathe much easier.
Among Hardest Hit Areas During Harvey
During Hurricane Harvey, some of the hardest hit areas in Kingwood bordered Ben’s Branch. Ben’s Branch cuts diagonally through Kingwood from St. Martha Catholic Church on the north to Town Center, Kingwood Greens, The Enclave, Kingwood Village Estates and Kings Harbor on the south. Post-Harvey surveys showed significant sediment buildup along the creek which reduced conveyance.
The project scoped by HCFCD is to remove approximately 80,000 cubic yards of sediment between the red line at Kingwood Drive and the YMCA at the bottom right of the circle.
Flood Control estimated they would need to remove 75,000 to 80,000 cubic yards to restore the conveyance. Despite a setback called Tropical Storm Imelda, the project has been moving along nicely.
Looking west from the West Lake Houston Parkway Bridge at Ben’s Branch before the project started.To get a sense of scale, that’s a HCFCD surveyor in the yellow jacket!The same area today (looking west from a helicopter over the WLHP Bridge (lower left).
Here’s how the rest of the project looks.
East of the WLHP Bridge (foreground), some sediment is still drying along the banks before removal.However, the channel is openagain for business.The long stretch behind the Kingwood Town Center Apartments has been restored.The stretch just south of Kingwood Drive by ReMax still needs clean-out and touch up.The area just east of the YMCA is still being actively excavated.Same area, still being actively excavated near YMCA.
Merchants and residents alike should breathe much easier during the upcoming hurricane season.
Posted by Bob Rehak on 3/10/2020
924 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_9648.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-10 08:06:022020-03-10 12:36:35Conveyance of Lower Ben’s Branch Nearly Restored
Greek food lovers in Kingwood received a small, but welcome sign of recovery this week – the community’s first Greek restaurant. It’s called Taste of Greek. And it opened in the shopping center next to the CVS pharmacy on the southeast corner of West Lake Houston Parkway and Kingwood Drive.
While the decor is modest, the taste is big.
Taste of Greek Grand Opening
Taste of Greek operated out of a food truck on North Park Drive for several years. I loved their food. But honestly, it was difficult to enjoy when the temperature climbed over a hundred in the shade.
I’ve been hooked on Greek food since going to college in Chicago. There’s a huge Greek community there. And I used to make regular pilgrimages down to Halsted Street for some of the best Greek food this side of the Atlantic. While Greek is not impossible to find in Houston, it takes some driving.
Family-Run and FRESH!
Now here’s the thing if you’re a gyros and baklava kind of person.
Taste of Greek beats every other Greek restaurant in Houston hands down. And it’s on a par with some of the best Greek food in Chicago.
The menu is not very lengthy and you find tablecloths, but OMG, is the food fresh! The pastries are better than “to die for.” They’re “to live for.”
Taste of Greek is a small family-run restaurant. The parents work the kitchen while the daughters serve and work the counter. They opened this weekend. My wife and I have eaten there TWICE so far. It’s that good.
An added bonus: seeing the pride in the eyes of a family that just graduated from operating a food truck to being the proprietors of a sit down restaurant.
Stop by and give them a try. If you like Greek food at all, I highly recommend it. Taste of Greek is guaranteed to take your mind off flood control.
Posted by Bob Rehak on March 9, 2020
723 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/Taste-of-Greek.jpg?fit=1299%2C1782&ssl=117821299adminadmin2020-03-09 19:22:202020-03-09 20:14:33Small, But Welcome Sign of Recovery: Taste of Greek
Army Corps Finds Wetlands on Perry Homes Woodridge Village Property Did Not Fall Under Corps’ Jurisdiction; What Next?
Today, the U.S. Army Corps of Engineers released the findings of its investigation into the wetlands on Perry Homes’ Woodridge Village property. The Corps said that the wetlands do NOT fall under its jurisdiction. Therefore, there was no violation of Section 404 of the Clean Water Act when Perry wiped out wetlands without first seeking the Corps’ permission.
Congressman Dan Crenshaw’s office released this text of an email the Corps sent to them today.
Text of Corps Email to Congressman Crenshaw
“This e-mail is in response to your request (on the behalf of Congressman Crenshaw) to be updated on our investigation into activities on the Figure Four properties located in Porter, Montgomery County, Texas. (Investigation file SWG-2019-00745).” [Editor’s note: Figure Four is the development arm of Perry Homes.]
“As discussed on the phone earlier today, the Corps of Engineers has finalized our investigation into this matter and did NOT find a violation of Section 404 of the Clean Water Act (Section 404).”
“We did confirm the presence of uplands and wetlands on the tract. Some of the wetlands had fill material placed into them. Based on the facts associated with this specific location and per federal regulation these wetlands were determined to “isolated.” They lacked any known nexus to interstate commerce. As such, they are not “waters of the United States” and are not subject to federal jurisdiction under Section 404. In accordance with federal regulation the jurisdictional status (determination) of these wetlands was coordinated with the Environmental Protection Agency prior to finalizing.”
“The property owner has been notified of the federal government’s findings and the investigation closed.”
Wetlands Question Now Moot from Legal Point of View
Normally, in cases where a question exists, developers consult the Corps before destroying the wetlands. When I asked the Corps last August whether Perry had sought a “jurisdictional determination,” the Corps answered that Perry had not.
Perry later claimed that it had hired a private consultant to determine whether the wetlands were jurisdictional. However, to my knowledge, Perry never publicly released the results of the survey. Today’s ruling by the Corps makes that whole controversy moot.
Wetlands Question Still Explosive from Business Point of View
Let’s see how well that worked out for Perry and its subsidiaries.
If Perry Homes tries to build on the land after all the publicity surrounding this case, any homeowner whose foundation cracks would have a ready-made court case.
Plaintiff’s Engineer Points to High Hurdles for Perry to Clear
David Givler, PE, a consultant for plaintiffs in the Elm Grove flooding case found that LJA Engineering, a Perry Homes’ contractor:
When You’re In a Hole, Stop Digging. Literally.
It may be possible to fix some of these problems. But at what cost? Will the development ultimately be economic when residential lots are used to increase the size of detention ponds?
Five developers previously bought this land, studied it, and sold it rather than develop it. Maybe Perry should do the same. Maybe they should transfer it to Harris County Flood Control to create a giant detention facility.
How Perry Could Exit Without a Loss, Mitigate Flooding, Limit Long-Term Liability
A Houston Chronicle article quotes Houston Mayor Pro Tem Dave Martin as saying that Perry quoted a price for the land that covered their acquisition cost PLUS the labor they have into it. That led Harris County to ask CoH to share the cost.
It will be very hard for Perry to sell the land and even harder to develop it. So why doesn’t Perry just donate the land to Harris County Flood Control to help them mitigate flooding?
It would also:
Posted by Bob Rehak on 5/10/2020
924 Days since Hurricane Harvey and 173 since Imelda
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.
Conveyance of Lower Ben’s Branch Nearly Restored
A flyover of the lower portion of Ben’s Branch on March 6, 2020, revealed that Harris County Flood Control has nearly restored its conveyance, even if some sediment still needs to be hauled off.
Among Hardest Hit Areas During Harvey
During Hurricane Harvey, some of the hardest hit areas in Kingwood bordered Ben’s Branch. Ben’s Branch cuts diagonally through Kingwood from St. Martha Catholic Church on the north to Town Center, Kingwood Greens, The Enclave, Kingwood Village Estates and Kings Harbor on the south. Post-Harvey surveys showed significant sediment buildup along the creek which reduced conveyance.
Twelve seniors in Kingwood Village Estates died after Harvey as a result of injuries sustained during the storm or the stress of losing their homes.
In August of last year, Harris County Flood Control began cleaning out the creek.
Flood Control estimated they would need to remove 75,000 to 80,000 cubic yards to restore the conveyance. Despite a setback called Tropical Storm Imelda, the project has been moving along nicely.
Here’s how the rest of the project looks.
Merchants and residents alike should breathe much easier during the upcoming hurricane season.
Posted by Bob Rehak on 3/10/2020
924 Days after Hurricane Harvey
Small, But Welcome Sign of Recovery: Taste of Greek
Greek food lovers in Kingwood received a small, but welcome sign of recovery this week – the community’s first Greek restaurant. It’s called Taste of Greek. And it opened in the shopping center next to the CVS pharmacy on the southeast corner of West Lake Houston Parkway and Kingwood Drive.
Taste of Greek Grand Opening
Taste of Greek operated out of a food truck on North Park Drive for several years. I loved their food. But honestly, it was difficult to enjoy when the temperature climbed over a hundred in the shade.
I’ve been hooked on Greek food since going to college in Chicago. There’s a huge Greek community there. And I used to make regular pilgrimages down to Halsted Street for some of the best Greek food this side of the Atlantic. While Greek is not impossible to find in Houston, it takes some driving.
Family-Run and FRESH!
Now here’s the thing if you’re a gyros and baklava kind of person.
The menu is not very lengthy and you find tablecloths, but OMG, is the food fresh! The pastries are better than “to die for.” They’re “to live for.”
Taste of Greek is a small family-run restaurant. The parents work the kitchen while the daughters serve and work the counter. They opened this weekend. My wife and I have eaten there TWICE so far. It’s that good.
Stop by and give them a try. If you like Greek food at all, I highly recommend it. Taste of Greek is guaranteed to take your mind off flood control.
Posted by Bob Rehak on March 9, 2020
723 Days since Hurricane Harvey