The Bayou Land Conservancy (BLC) has joined the ranks of those protesting the proposed high-rise development in Kingwood. The cutoff for submitting letters to the Army Corps of Engineers and the Texas Commission on Environmental Quality is March 1. Nine days remain.
The Bayou Land Conservancy letter runs 10 pages with another 12 pages of addenda. But don’t let the length deter you. The letter is both compelling and educational. For me, the education happened on two levels. First, I learned a tremendous amount of new information about an area I have lived in for 35 years. Second, I learned a lot about how to write a protest letter.
Meticulously detailed, it contains well documented references to violations or probable violations of numerous laws and regulations. It makes its points quietly without over- or understating. It also contains a graphic that telegraphs at a glance the danger of this development.
Bayou Land Conservancy Map showing the proposed development in relation to nearby structures that flooded during Harvey.
Among other things, the letter discusses insufficiencies in the developers’ documentation for:
Avoidance and minimization, two factors the Corps looks at before requiring mitigation.
Mitigation – The applicant has not provided enough documentation to determine whether mitigation was avoidable, and if not what types are required where to offset any unavoidable losses.
Dangers to threatened or endangered species.
Impact on streams and surrounding drainage
Bayou Land Conservancy also details several public interest factors relating to flood hazards:
Flood Hazards, such as insufficient elevation and location in a floodplain that will likely soon be reclassified as a floodway.
Floodplain Values – specifically that the cumulative impact on flood moderation, water quality, and living resources has not been considered.
Shore Erosion and Accretion – “The West Fork San Jacinto River currently suffers from excessive introduction and dispersal of sediments, and this project fails to address this significant local water quality problem. The environmental impacts of increased erosion and accretion, include the following: loss of important or sensitive aquatic habitat, decrease in fishery resources, loss of recreation attributes, human health concerns, loss of wetlands, nutrient balance changes, circulation changes, increases in turbidity, and loss of submerged vegetation.”
Water Quality – “…permit should be evaluated to determine the nature and degree of effect that the proposed discharge will have individually and cumulatively on water quality. Consideration should be given to water chemistry, salinity, clarity, color, odor, taste, dissolved gas levels, temperature, nutrients, and eutrophication. This portion of West Fork San Jacinto River is listed as impaired by the Texas Commission on Environmental Quality for not meeting pH standards. This segment is also listed for state concerns for nitrate and phosphorus based on screening levels.” Additionally BLC cites the location of the project near the major source of drinking water for the City of Houston.
Aesthetics – The lack of consistency with surrounding forest and incompatibility with local architecture.
Traffic – Concerns include both vehicular and air traffic. “This project proposes to add to the residential and commercial growth, without regard for traffic congestion.
Conclusion
Bayou Land Conservancy believes that the Public Notice lacks the information necessary to adequately consider the totality of impacts that will result from the proposed development. The environmental information provided in the Public Notice is substantially deficient, failing to meet regulations for permitting dredge and fill activities.
“BLC requests additional information and studies related to the issuance of a permit for this project be made publicly available and a public hearing…”
“The potential risks this project poses to the life, health, and safety of area residents, have not been evaluated. BLC believes the project is contrary to the public interests of protecting wetlands, floodplain functionality, water quality, and wildlife and fisheries habitat.”
For those wishing to send protest letters to additional agencies, such as US Fish & Wildlife, EPA, Texas Parks and Wildlife, Senators Cruz and Cornyn, and Congressman Crenshaw, the letter also includes addresses on page 10.
If you’re considering sending a letter, don’t wait. Time is running out. Remember, anyone can send a letter. You don’t need to be a registered voter. You just need to care.
Posted by Bob Rehak on 2/20/2019
540 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/Screen-Shot-2019-02-20-at-7.09.38-PM-copy.jpg?fit=1500%2C1971&ssl=119711500adminadmin2019-02-20 19:32:062019-02-20 19:50:42Bayou Land Conservancy Protests High-Rise Development in Kingwood
At the bottom of the one-page website, Manlove posted a disclaimer that said:
But the Corps’ permit application says:
That may be hard to read on a smart phone, so let me retype the 85 word sentence.
“18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.”
Simplifying that statement, one could say, “”Whoever, in any manner…uses any false writing…knowing same to contain fictitious statements…shall be fined not more than $10K or imprisoned not more than 5 years or both.”
Shifting Stories
Against this backdrop, consider the number of inconsistencies between the original Army Corps’ public notice and Manlove’s new promotional website for the developer. Differences include:
The name of the applicant
The size of the development
The number of boats that the marina can hold
The amount of land being preserved for nature
Even the amount of fill being added to the floodplain, which is the main issue as far as the Corps is concerned.
Corps’ Public Notice states flood plain will be elevated from 45 to 57 feet, but developer’s web site now says more than 62 feet. This represents a loss of almost 2000 acre-feet of flood plain storage, but no compensating adjustments are disclosed.
All of these issues raise serious questions which the developer has refused to to address publicly. However, the Manlove-created web site does claim that they will meet AFTER the comment period is over. Sorry! That’s too late.
Inconsistencies in Second, Separate Permit, Too
The developer’s engineering contractor, CivilTech, applied for a permit in June, 2018, to begin excavating the marina. The company told the County that all excavated material would be hauled off site and sold. Based on these assurances, Harris County Flood Control had no objection and the City approved the excavation permit.
FOIA request of HCFCD records shows that excavation permit application was based on all material being hauled off site. However, the Corps Public Notice says it will be used to raise buildings.
Now, however, the Army Corps in its public notice says the fill will STAY on site to raise the elevation of buildings. Because the marina will immediately fill back up with river water, the fill dirt should reduce floodplain capacity.
Meanwhile, on February 12, 2019, Manlove published a statement in its promotional website for the developers stating that, “Both the City and County have approved construction and permits have been issued, they have determined that the community will not have an adverse effect on surrounding communities.” (sic)
Copy published by Manlove for developers on 2/12/2019.
Excavation, NOT Construction
To set the record straight, both the City and County deny that a) CONSTRUCTION permits have been issued, and b) that they have made any determination as to whether the high-rise development will adversely affect surrounding communities.
Harris County Flood Control District (HCFCD) did not object to an EXCAVATION permit based on assurances from the developer’s engineering contractor that the excavated material would be hauled away. The City evidently approved the EXCAVATION permit based on the fact that HCFCD did not object.
Luckily, excavation has not yet begun. Hopefully, this inconsistency will be addressed by the developers, their engineering firm and permitting agencies before excavation begins.
I’m not saying these inconsistencies are intentional. Things change. Perhaps CivilTech was planning to reapply for another permit that showed onsite storage of the excavated material. Perhaps the ad agency was unaware of the standard of disclosure that being the official point of contact demands.
Only One Thing is Certain
Only one thing is certain: Kingwood residents affected by this project deserve answers.
For starters, I’d like to know how a 50-story hotel and other commercial high rises can be built on property that’s apparently deed restricted to single-family residential. And then I’d like to know who’s behind this project and where their money comes from.
Dun & Bradstreet lists no assets for Romerica Investments, LLC (the permit applicant) and thinks the company is out of business,
After I pointed that out, Manlove then changed the copy in their promotional website to suggest that “Romerica Group” would be responsible.
But no entity by that name is registered with the Texas Secretary of State,
So Manlove again changed the copy. It now just says, “Romerica” will head the project.
News Flash: “Romerica” by itself isn’t registered with the Texas Secretary of State either.
Stop The Nonsense
It’s time for the Army Corps of Engineers to put a stop to this nonsense. The Corps should deny this permit.
As always, these are my opinions on matters of public policy. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Posted by Bob Rehak on Feb. 19, 2019
539 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/Screen-Shot-2019-02-19-at-7.11.46-PM.png?fit=880%2C198&ssl=1198880adminadmin2019-02-19 21:10:522019-02-20 10:03:27Stark Contrast Between High-Rise Website Disclaimer and Army Corps Permit Application Form
Council Member Dave Martin would like to make residents aware that the City of Houston has launched its Homeowner Assistance Program. Here are details.
$1.17 Billion Available through Five Programs
The City of Houston has received $1.17 billion for housing recovery through the U.S. Department of Housing and Urban Development and the State of Texas General Land Office. The recovery funds will be used five ways:
Reimbursement for completed repairs
Homeowner-managed rehabilitation
City-managed rehabilitation and reconstruction
Buyouts
Interim mortgage assistance.
Available to Homeowners of All Income Levels
Priority will be given to low and moderate income homeowners. However, assistance is available to homeowners of all income levels.
Start With Online Survey
Start the application process by taking this Harvey Recovery Survey. It will help direct you to the appropriate recovery program and help the City prioritize those with urgent needs. You need nbo documentation to take the survey. t takes less than 15 minutes to complete.
Other Options to Apply
Those not comfortable with online surveys have several other options:
Call 832-393-0550 (Monday through Friday, 9:00 a.m. to 5:00 p.m.)
Or visit one of the mobile centers when it visits the Kingwood Community Center at 4102 Rustic Woods, Kingwood, TX 77345: Saturday, February 23, 10:00 a.m. to 1:00 p.m. or Wednesday, February 27, 11:00 a.m. to 1:00 p.m.
Visit the mobile unit in Kingwood or one of these permanent Recovery Centers to apply.
The nearest permanent Housing Recovery Center is at 9551 N. Wayside, Houston, Texas 77028. It is open Monday and Tuesday, from 9:00 a.m. to 6:00 p.m., Wednesday and Thursday from 10:00 a.m. to 8:00 p.m., Friday from 9:00 a.m. to 6:00 p.m., and Saturday from 9:00 to 3:00 p.m. The center is closed on Sundays.
Followup and For More Information
An Intake Specialist will contact you after you complete the Survey regarding next steps. For more information, please contact the Houston Recovery Center by calling 832-393-0550.
Posted by Bob Rehak on February 19, 2019
539 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/2543f2a6-d3f6-4b25-9d7f-d3e4145aa641.png?fit=947%2C851&ssl=1851947adminadmin2019-02-18 23:45:392019-02-18 23:45:46Mobile Hurricane Harvey Recovery Center Coming to Kingwood Feb. 23 and 27
Bayou Land Conservancy Protests High-Rise Development in Kingwood
The Bayou Land Conservancy (BLC) has joined the ranks of those protesting the proposed high-rise development in Kingwood. The cutoff for submitting letters to the Army Corps of Engineers and the Texas Commission on Environmental Quality is March 1. Nine days remain.
The Bayou Land Conservancy letter runs 10 pages with another 12 pages of addenda. But don’t let the length deter you. The letter is both compelling and educational. For me, the education happened on two levels. First, I learned a tremendous amount of new information about an area I have lived in for 35 years. Second, I learned a lot about how to write a protest letter.
Meticulously detailed, it contains well documented references to violations or probable violations of numerous laws and regulations. It makes its points quietly without over- or understating. It also contains a graphic that telegraphs at a glance the danger of this development.
Among other things, the letter discusses insufficiencies in the developers’ documentation for:
Bayou Land Conservancy also details several public interest factors relating to flood hazards:
Conclusion
Bayou Land Conservancy believes that the Public Notice lacks the information necessary to adequately consider the totality of impacts that will result from the proposed development. The environmental information provided in the Public Notice is substantially deficient, failing to meet regulations for permitting dredge and fill activities.
“BLC requests additional information and studies related to the issuance of a permit for this project be made publicly available and a public hearing…”
For those wishing to send protest letters to additional agencies, such as US Fish & Wildlife, EPA, Texas Parks and Wildlife, Senators Cruz and Cornyn, and Congressman Crenshaw, the letter also includes addresses on page 10.
If you’re considering sending a letter, don’t wait. Time is running out. Remember, anyone can send a letter. You don’t need to be a registered voter. You just need to care.
Posted by Bob Rehak on 2/20/2019
540 Days since Hurricane Harvey
Stark Contrast Between High-Rise Website Disclaimer and Army Corps Permit Application Form
Two weeks ago, the high-rise Kingwood Marina developers designated John Manlove Marketing and Communications as their official point of contact re: all permit application matters. Then last week, Manlove launched a new website that made promises, which seemingly contradicted technical data in the permit application form.
At the bottom of the one-page website, Manlove posted a disclaimer that said:
But the Corps’ permit application says:
That may be hard to read on a smart phone, so let me retype the 85 word sentence.
Simplifying that statement, one could say, “”Whoever, in any manner…uses any false writing…knowing same to contain fictitious statements…shall be fined not more than $10K or imprisoned not more than 5 years or both.”
Shifting Stories
Against this backdrop, consider the number of inconsistencies between the original Army Corps’ public notice and Manlove’s new promotional website for the developer. Differences include:
In addition, the developers claim they have the right to develop high rises, but have shown no waiver of the deed restrictions that seemingly limit development to single-family residential.
All of these issues raise serious questions which the developer has refused to to address publicly. However, the Manlove-created web site does claim that they will meet AFTER the comment period is over. Sorry! That’s too late.
Inconsistencies in Second, Separate Permit, Too
The developer’s engineering contractor, CivilTech, applied for a permit in June, 2018, to begin excavating the marina. The company told the County that all excavated material would be hauled off site and sold. Based on these assurances, Harris County Flood Control had no objection and the City approved the excavation permit.
Now, however, the Army Corps in its public notice says the fill will STAY on site to raise the elevation of buildings. Because the marina will immediately fill back up with river water, the fill dirt should reduce floodplain capacity.
Meanwhile, on February 12, 2019, Manlove published a statement in its promotional website for the developers stating that, “Both the City and County have approved construction and permits have been issued, they have determined that the community will not have an adverse effect on surrounding communities.” (sic)
Excavation, NOT Construction
To set the record straight, both the City and County deny that a) CONSTRUCTION permits have been issued, and b) that they have made any determination as to whether the high-rise development will adversely affect surrounding communities.
Harris County Flood Control District (HCFCD) did not object to an EXCAVATION permit based on assurances from the developer’s engineering contractor that the excavated material would be hauled away. The City evidently approved the EXCAVATION permit based on the fact that HCFCD did not object.
Luckily, excavation has not yet begun. Hopefully, this inconsistency will be addressed by the developers, their engineering firm and permitting agencies before excavation begins.
I’m not saying these inconsistencies are intentional. Things change. Perhaps CivilTech was planning to reapply for another permit that showed onsite storage of the excavated material. Perhaps the ad agency was unaware of the standard of disclosure that being the official point of contact demands.
Only One Thing is Certain
For starters, I’d like to know how a 50-story hotel and other commercial high rises can be built on property that’s apparently deed restricted to single-family residential. And then I’d like to know who’s behind this project and where their money comes from.
Stop The Nonsense
As always, these are my opinions on matters of public policy. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Posted by Bob Rehak on Feb. 19, 2019
539 Days after Hurricane Harvey
Mobile Hurricane Harvey Recovery Center Coming to Kingwood Feb. 23 and 27
Council Member Dave Martin would like to make residents aware that the City of Houston has launched its Homeowner Assistance Program. Here are details.
$1.17 Billion Available through Five Programs
The City of Houston has received $1.17 billion for housing recovery through the U.S. Department of Housing and Urban Development and the State of Texas General Land Office. The recovery funds will be used five ways:
Available to Homeowners of All Income Levels
Priority will be given to low and moderate income homeowners. However, assistance is available to homeowners of all income levels.
Start With Online Survey
Start the application process by taking this Harvey Recovery Survey. It will help direct you to the appropriate recovery program and help the City prioritize those with urgent needs. You need nbo documentation to take the survey. t takes less than 15 minutes to complete.
Other Options to Apply
Those not comfortable with online surveys have several other options:
The nearest permanent Housing Recovery Center is at 9551 N. Wayside, Houston, Texas 77028. It is open Monday and Tuesday, from 9:00 a.m. to 6:00 p.m., Wednesday and Thursday from 10:00 a.m. to 8:00 p.m., Friday from 9:00 a.m. to 6:00 p.m., and Saturday from 9:00 to 3:00 p.m. The center is closed on Sundays.
Followup and For More Information
An Intake Specialist will contact you after you complete the Survey regarding next steps. For more information, please contact the Houston Recovery Center by calling 832-393-0550.
Posted by Bob Rehak on February 19, 2019
539 Days after Hurricane Harvey