Rehak Letter about Proposed High-Rise Development Spells Out New Concerns

For the past six weeks, I’ve struggled to understand what the Army Corps considers when reviewing a new permit application. I have also struggled to organize everything I learned about the high-rise project, and the applicant. My protest letter re: Public Notice SWG-2016-00384 will be emailed today. It’s too long to include within the body of this post, so I’m going to include a summary here and a link to a PDF of the entire letter.

Water skiing, anyone? Photo by Sidney Nice of Atascocita Point after Harvey.
Imagine trying to evacuate 640 40-boats before a storm. The biggest threat to water quality is the one thing in this development that needs to be near the river: the marina.
 

Main Concerns

My main concerns are:

  1. This development appears to violate legally binding deed restrictions. We can find no documents registered with the county clerk that legally change allowable land use from “single family residential” to commercial, retail and hotel high rises.
  2. An article in International Appraiser lists these developers among EB-5 regional centers touting fake projects.
  3. Although the developers claim to have development experience, they have shown none. 
  4. Dunn & Bradstreet lists Romerica Investments, LLC (the applicant) as having no sales, no assets, no working phone, and being out of business. Romerica Investments also does not own the property for which it seeks the permit. 
  5. The developers many websites touting this project appear to violate rules from the SEC, FTC, FINRA, National Association of Realtors, and Texas Real Estate Commission governing real-estate investment advertising. See letter section 15 (e) XX on page 15.
  6. The developers are foreigners who operate through a maze of companies that makes it hard to understand whom the community is dealing with.
  7. The developers are being sued by investors for fraud. 
  8. They have provided no market research to demonstrate a need for this kind of development in the Kingwood area. The little market research we found raises serious concerns about their experience, due diligence, the feasibility of this project, and whether it would be economically viable.
  9. The developers propose to build high-rises in an area that will soon be reclassified as floodway. Moreover, the river is migrating toward this property at a rate that could soon destroy it. This raises significant concerns about public safety, flood risk, evacuation, and the stability of buildings.
  10. If approved, this development will destroy bald eagle habitat, impair water quality, increase erosion, and worsen flooding.
  11. Developers have not responded to multiple requests to meet to clear up questions.

Needs and Welfare of the People

Many environmental, wildlife, flooding, and conservation concerns have been expressed in previous letters by the Sierra Club, Galveston Bay Foundation, KSA and others. I recap most of those and add a few. But I also have spent much time researching a category called “Needs and Welfare of the People.”

One huge thing I believe we need: Confidence in the legitimacy of the developers.

Their refusal so far to appear at a public meeting to answer questions about their development raised red flags. I found many others. Four pages worth. See pages 16-19 in the letter. A small sampling:

The people of Kingwood don’t need another Gucci outlet as much as they need freedom from flooding. I therefore called for a moratorium on all flood plain permitting until flood mitigation measures can be put in place and safety restored.

Conclusion

Any one of these factors by itself might be sufficient to deny the permit request. Taken together, they leave no doubt; the negatives far outweigh any positives. According to Army Corps guidelines, the permit must therefore be denied. Too many questions remain unanswered about the developers and the development to approve this permit.

Sending Copies to Other Agencies

In addition to the Army Corps, I am copying:

  • TCEQ
  • Texas Parks and Wildlife Department 
  • US Fish and Wildlife Service
  • EPA
  • Congressman Dan Crenshaw
  • Senator John Cornyn
  • Senator Ted Cruz
  • Houston City Council Member Dave Martin
  • Harris County Flood Control
  • FBI

Only 3 Weeks Left to Register Your Objections

Deadline: March 1. If you haven’t yet sent your letter, please do so right away. Only 400 letters have been received so far by the Corps. Time is running out. You can download the full text of my letter. You can review and download other sample letters here. Feel free to copy any portions of the letters that reflect your concerns.

Or send them in their entirety and say, “I agree!” Here’s a customizable word.doc that you can download and send. Remember to insert your name and contact information on the first page and your name again on the last page. You can then send it by clicking on the links in the letter.

I am sending my letter only in a digital format because of all the hyperlinks embedded in it.

Emailed Letters Preferred

The recipients have expressed a desire for electronic versions over paper copies anyway. Electronic makes it easier for them to forward and file the documents; no scanning necessary.

As always, the thoughts in the letter and this post represent my opinions on matters of public interest. They are protected by the First Amendment of the United States Constitution and the Anti-SLAPP statute of the Great State of Texas.

Posted on February 9, 2019 by Bob Rehak

529 Days since Hurricane Harvey

Bill King to Discuss Kingwood Flooding Issues, High-Rise Development and More at Townhall this Sunday

Bill King, who has announced he will be a candidate for mayor this November, will be holding a townhall meeting on February 10 at Los Cucos from 4:30-6:30.  Bill has indicated that he will discuss flooding in Kingwood, along with other issues important to our community.  This is the Eventbrite link if you are interested in more information – https://www.eventbrite.com/e/bill-king-for-houston-mayor-campaign-launch-los-cucos-tickets-55079090041.

Why You Should Come

Kingwood residents need to participate in City elections this year to ensure that candidates who know about the issues facing our community, especially flooding, are elected.  Therefore, I will post information on all events held by candidates for mayor or council that plan events in Kingwood.

Demonstrated Commitment to Solving Flood Issues

This is the first of those posts. I must say that Bill King’s desire to understand flooding issues throughout the City, not only in Kingwood, has impressed me. Long before, he decided to run for Mayor again, King contacted me several times to discuss flooding problems in Kingwood. We also discussed how solutions here might impact downstream communities. King even spent an entire day with me last summer slogging through sand dunes in East End Park and on Marina Drive in Forest Cove to see the problems first hand.

Townhomes destroyed by Harvey on Marina Drive in Forest Cove.

He has seen firsthand what 240,000 cubic feet of water per second can do.

King’s Position on High-Rise Development

I know Bill King has some definite opinions about the high-rise development in the floodplain by River Grove Park. Please come and hear what he has to say. I am eager, too, hear it, too. Hope to see you there.

Posted by Bob Rehak on 2/8/2019

528 Days since Hurricane Harvey

City Analyzing Samples from Mouth Bar In Hopes of Determining Volume Due to Harvey

According to Stephen Costello, Chief Resiliency Officer for The City of Houston, the City contracted with a company called Tetra Tech to take core samples earlier this week from and around the mouth bar on the West Fork of the San Jacinto.

Why Core Samples?

The mouth bar is a giant sand bar at the mouth of the river where it meets the lake. The size of it has concerned residents throughout the Lake Houston Area since Harvey. It has the potential to back water up on both sides of the river and worsen flooding.

Some background. The Army Corps initially excluded the mouth bar from its current dredging program on the west fork. Their reason: a small part of the bar existed before Harvey. FEMA, which is funding the dredging, by law cannot spend money on remediation for things that existed before the disaster in question.

It took months for the City, FEMA and the Army Corps to agree on a way to estimate the volume of sand deposited by Harvey. The answer says Costello: something called the Stockton protocol that he says was developed after Superstorm Sandy at Stockton University in New Jersey.

Analysis Due by End of February

The core samples will be key to estimating pre- and post-Harvey volumes. Costello says engineers will look at density and color of sand grains to help estimate where sediment from one storm stops and another starts.

Costello hopes engineers will complete their analysis by the end of February. In the meantime two other efforts are proceeding simultaneously.

Search for Suitable Disposal Site Continues

The Corps will evaluate one property for suitability as above-ground storage. Separately, others are also out looking at sub-surface storage sites (i.e., old sand pits). Several have been located. The cost and safety of above ground and below ground storage will be weighed against the possibility of hauling material off by truck. Distance between the dredge and disposal sites also affects pumping costs.

All this will take time, especially if a full-blown environmental study is necessary for the above-ground option. Costello says the Corps has told him that could take four months to two years.

Evaluating Plan B

Because of delays, Costello is starting to worry that delays may cost taxpayers the opportunity to save $18 million. That’s the cost to remobilize a second dredging project if the current dredging project cannot be extended.

Accordingly, Costello is pursuing two options. The first involves praying (that’s a joke). The second involves working back through the Texas Division of Emergency Management to get FEMA to declare the mouth bar part of the original emergency mission. The Corps seems to move much faster when orders come from FEMA, several sources tell me. Maybe we should start praying too. (That’s not a joke.)

Money, according to Costello, should not be a problem. FEMA has approved the use of debris cleanup money from Harvey for dredging. He believes enough money remains in that fund to cover the City’s cost share.

Where Current Dredging Project Stands

The Corps estimates that the current dredging project is 45% complete. They hope to complete dredging by the end of April.

City contractors are still removing downed trees from Lake Houston as a result of Hurricane Harvey’s destruction.
The Callan Dredge is currently working the area near Kings Harbor at the West Lake Houston Parkway Bridge.
The immensity of the equipment underscores the need to keep crews working at the end of the current project on the mouth bar. Remobilizing all this equipment could cost $18 million or more if delays create a need to remobilize.

Posted by Bob Rehak on February 7, 2018

527 Days since Hurricane Harvey