A review of Texas Parks and Wildlife Departments’ guidelines for eagle habitat protection reveals that the proposed Kingwood Marina and high-rise development appears to have some permit issues circling overhead.
No Environmental Impact Statement Prepared by Developer
Developers of the proposed massive high-rise complex claim they found no bald eagle nests on their property. Therefore, they claimed, there was no need to conduct and environmental impact survey. However, I photographed this bald eagle nest approximately 500 feet from their property. GPS data is encoded in the image.
Bald eagle nest approximately 500 feet from developers’ property. Photographed by Bob Rehak with GPS data embedded in image.
Texas Parks and Wildlife considers bald eagles, a threatened species. Bald eagles were taken off the endangered list in 2007, but still enjoy many protections as a threatened species.
Bald Eagles Still Threatened, Habitat Protected
The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) prohibits activities that interfere with eagles’ shelter, breeding and feeding. It provides criminal penalties ranging from fines up to $5,000 and up to one year in prison.
The guidelines state the following under: “Primary Management Zone For Nest Sites.” “This zone includes an area extending 750 to 1,500 feet outward in all directions from the nest site. It is recommended that the following activities not occur within this zone:
“Habitat alteration or change in land use, such as would result from residential, commercial, or industrial development; construction projects; or mining operations.”
“Tree cutting, logging, or removal of trees, either living or dead.”
“Human presence within this zone should be minimized during the nesting season…”
The same TPWD guidelines also stipulate a “Secondary Management Zone For Nest Sites.
“This zone encompasses an area extending outward from the primary zone an additional 750 feet to 1 mile. Recommended restrictions in this zone are intended to protect the integrity of the primary zone and to protect important feeding areas, including the eagle’s access to these areas. The following activities are likely to be detrimental to Bald Eagles at any time, and in most cases should be avoided within the secondary zone:”
“Development of new commercial or industrial sites.”
“Construction of multi-story buildings or high-density housing developments between the nest and the eagle’s feeding area.”
“Use of chemicals labeled as toxic to wildlife.”
How Management Zones Overlay Development Plans
Here’s how the radii of the management zones overlay the outline of the proposed high-rise development and marina areas. The nest is at the center of the red lines.
The vast majority of the proposed high rise development falls within eagle habitate management zones defined by Texas Parks and Wildlife.
My first impression: Massive. From my point of view, the proposed development clearly does not meet TPWD guidelines.
Virtually the entire development would fall within management and secondary management zones.
High-rises and high-density housing would be built between the nest and Lake Kingwood where residents often report eagles fishing.
Marina operations for 700 boats and 200 jet skis would almost certainly leak chemicals during refueling and maintenance. That could poison both eagles and fish.
Eagle flying from River Grove Park to proposed site for high-rises. Photo Courtesy of Emily Murphy. Eagle photographed by Kingwood Lakes resident near Lake Kingwood. Eagles fish in lake. Photo courtesy of Clark McCollough.
One of Many Factors Being Considered
The Corps will review the developers’ application in accordance with 33 CFR 320-322, from which the Corps derives its regulatory authority. The decision whether to approve the permit will be based on “an evaluation of the probable impacts, including the cumulative impacts of the proposed activity on the public interest.”
The permit could be denied based on wildlife impact concerns alone. However, eagles are just one of the problems this proposal has. I hope that when all factors are weighed, pro and con, that the cons will vastly outnumber the pros.
So keep sending those letters to the Corps. Encourage your friends and relatives to send them also, even if they live outside of Kingwood. You might also want to copy TPWD and U.S. Fish and Wildlife Service.
Posted by Bob Rehak on 1/27/2019
516 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/EagleMap.jpg?fit=1500%2C1007&ssl=110071500adminadmin2019-01-27 17:24:372019-01-27 21:26:40Proposed New High-Rise Development Seems to Violate TPWD Guidelines for Bald Eagle Habitat Protection
Steady northward migration of the San Jacinto West Fork could threaten the proposed new high-rise Kingwood Marina development – within the lifetime of many residents.
An analysis of satellite and aerial imagery in Google Earth shows that the river channel has shifted 758 feet north in 40 years – almost 20 feet per year – toward the site of proposed 25-50 story high rises. The proposed Kingwood Marina site is on the cutbank side of the West Fork. And the West Fork is definitely cutting.
Measuring River Migration Rate
These three images tell the story.
The white line shows where the original north shore of the river was in 1978. Image also shows location of proposed high rises relative to the river as it existed then. This shows the river in 2017 after Harvey. The line shows the original location of the north shore in 1978. The river has shifted north by its entire width. The measuring tool in Google Earth shows that the shift was 758 feet (length of the yellow line).
The migration of the river toward the high rises should continue. The river appears to be moving back toward one of its old meanders. The developer plans to build the high-rises in the old river bed. That’s a dangerous practice, because during floods, as residents all over Harris County discovered after Harvey, water seeks to return to old channels.
Floodway Shifting, Too
As the river moves closer to the high-rises, so will the floodway. Right now, the high-rises are built on the edge of the floodway that was mapped after Tropical Storm Allison in 2001. However, I believe that upstream development, river migration, and sedimentation are causing the floodway to expand and shift north. If current plans are approved “as is,” structures, people’s lives, and investor’s money will all be at risk.
Already at Greater Risk than Town Center
Harvey inundated Kingwood’s Town Center area. That’s a mile further from the river and on higher ground. About a year and a half later, approximately 25% of the businesses in Town Center still have not returned. That would certainly affect the economics of this development if it ever floods.
The proposed high rise development would sit on the edge of the cross-hatched area which represents the old floodway. These floods zones became effective in 2007, but are in the process of being updated in light of new data from three so-called 500-year storms in 2015, 2016 and 2017.
50 Years or Bust
At the current rate of northward migration, the river could reach the marina in about 50 years; it’s currently about a 1000 feet away. If the river “captures” the marina (just as it captures sand pits), we could expect to see a rapid shift in river migration toward the high rises. See the demonstration in the video below.
How rivers can suddenly jump when they get near big open areas like sand pits…or a marina.
Of course, before that happened, someone would try to prevent it. The owners would push to “shore up” the development with bulkheads or levees.
Futile Struggle to Combat Nature
Bulkheads didn’t work very well for these people on Marina Drive in Forest Cove.
Empty townhomes stand a mute witness to the destructive power of 240,000 CFS/second.
Levees have their own set of problems. And anyway, how do you put a level around a marina? Seems like building this close to the river is just asking for trouble.
Planned Construction Level Likely to Flood Every 4-10 Years
The developer wants to build the foundations up to 57 feet. That’s asking for trouble, too.
If you go back and analyze the crest data for the West Fork for the last 90 years, you will see that the river has crested higher than 57 feet nine times – once a decade. But you will also see that it has crested higher than 57 feet six times in the 25 years since 1994 – about once every FOUR YEARS!
Rivers! Look pretty. Get ugly.
Sometimes rivers remind me of that classic 1983 teen flick called War Games staring Mathew Broderick and Ally Sheedy. The duo hacks into a Department of Defense Computer and starts playing what they think is a game. It’s called “Global Thermonuclear War.” They quickly discover it isn’t a game; they’ve triggered the real thing. In the end, they discover that “the only winning move is not to play.”
That’s certainly the case with the West Fork.
As always, these are my opinions on matters of public policy. They are protected by the First Amendment of the United States Constitution and the Anti-SLAPP statute of the Great State of Texas.
Posted by Bob Rehak on 1/26/19
515 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/Highlight.jpg?fit=1500%2C991&ssl=19911500adminadmin2019-01-26 19:55:462019-01-27 02:34:52West Fork Migrating Toward Proposed High-Rise Marina Project at 20 Feet Per Year
In addition to monitoring sand mining legislation, I have spent the last several days drafting and redrafting my own letter to the Army Corps and TCEQ about the proposed new high-rise development for Kingwood.
I’m not done with my letter yet. I keep discovering alarming facts. They raise questions about the wisdom of such a development in a fragile, wetlands environment.
Surprising Discoveries
A marina to hold 640 yachts could fill the the entire West Fork. Lined up bow to stern, they would stretch at least 16,000 feet – the entire distance from the marina to the mouth bar. Talk about traffic jams and impacts on navigation! (Hint: Navigation is one of the things that the Corps considers.)
Then I started to think about the population increase and the water supply. Five thousand condos at 2.71 people per household (Kingwood average) PLUS a 50 story hotel, would add about 15,000 people to Kingwood’s population – about a 20 percent increase.
Kingwood is on well water drawn from the Evangeline Aquifer. USGS shows that the water level in the aquifer is decreasing at the rate of 1.7 feet per year, but only recharging at one-tenth of one inch per year, We’re using up the aquifer 200 times faster than the recharge rate! A twenty percent increase would kick that rate up to 240X. (Hint: the Corps also considers impacts on the water supply.)
Depletion rate of the Evangeline aquifer near the site of the proposed high-rise development in Kingwood is unsustainable.
Think maybe this could have to do with increasing rates of subsidence and your foundation problems? Check out this AP article that shows what subsidence is doing in Tehran. (Hint: the Corps considers environmental impacts, safety, economics, and the welfare of the public, too.)
Wrong Number and a Hang Up
With that pleasant thought, I decided to call the developer to see if we could talk about some of my concerns. Surprise! The developer does not answer the phone number listed in the Public Notice. The people who answer the phone tell me I have the “Wrong number” and hang up. So I sent a certified letter requesting a public meeting to discuss these issues. We shall see if he responds. Many of the phone numbers for the developers’ other companies are not live. It kind of makes you wonder who you’re dealing with.
Putting it All into Perspective
The deeper I dig, the more concerned I become about connections between the high-rise development, sand mining and legislation. Are we encouraging unsustainable practices? Stay with me for a second.
In a vastly overpopulated near-future world, businesses have taken the place of governments and now hold all political power. The public is constantly deluded into thinking that all the products on the market improve quality of life.
The book illustrates how production/consumption cycles thrive. On a small scale, think about movie theaters putting more salt on popcorn, so you’ll buy a $5 soft drink that costs a penny to make.
On a grander scale think about sand mining in the flood plain to get cheap sand. So that these developers can build high rises in the flood plain. And sell them thanks to below-cost government flood insurance. That you and I pay for with our taxes. When all we really wanted to do was take a walk by the river and enjoy the serenity … that’s being destroyed.
Nesting pair of great egrets seconds after their first egg hatched. I call this shot, “Proud Parents.” By Bob Rehak.
It also reminded me of a movie called Koyaanisqatsi released in 1982. Francis Ford Coppola executive-produced it. It’s 90 minutes of world-class cinematography. The visual tempo increases from languid when we see nature photography in the beginning – to frenetic at the end when we see nature being overpowered by man and technology. Imagine time-lapse photography applied to evolution that accelerates at a dizzying pace.
The title, a Navajo phrase meaning “life out of balance”, is revealed at the end. The movie makes its point without speaking a word. It created an impression that’s still vivid after 35 years. I highly recommend it if you want to feel what’s happening to the San Jacinto in your bones.
The book, the movie, the high-rise development and the sand mines make you want to scream “Enough already.” We need to restore balance. Live life in harmony with nature. Isn’t that what we wanted for our children when we decided to buy homes in Kingwood?
I’m sure that someone will say, “But we need the tax revenues.” To which I will say, “If we weren’t destroying our own environment maybe we wouldn’t need such high taxes.
A couple hundred million tax dollars to dredge!? Maybe that sand isn’t so cheap after all. I know emotion won’t sway the Corps and TCEQ, but dammit, “Enough already!”
Posted by Bob Rehak on January 25, 2019
514 Days since Hurricane Harvey
As always, these represent my opinions on matters of public police. They are protected by the First Amendment of the United States Constitution and the Anti-SLAPP statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/RJR_0996-Version-2.jpeg?fit=1280%2C850&ssl=18501280adminadmin2019-01-25 20:36:392019-01-26 05:54:54Life Out of Balance
Proposed New High-Rise Development Seems to Violate TPWD Guidelines for Bald Eagle Habitat Protection
A review of Texas Parks and Wildlife Departments’ guidelines for eagle habitat protection reveals that the proposed Kingwood Marina and high-rise development appears to have some permit issues circling overhead.
No Environmental Impact Statement Prepared by Developer
Developers of the proposed massive high-rise complex claim they found no bald eagle nests on their property. Therefore, they claimed, there was no need to conduct and environmental impact survey. However, I photographed this bald eagle nest approximately 500 feet from their property. GPS data is encoded in the image.
Texas Parks and Wildlife considers bald eagles, a threatened species. Bald eagles were taken off the endangered list in 2007, but still enjoy many protections as a threatened species.
Bald Eagles Still Threatened, Habitat Protected
The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) prohibits activities that interfere with eagles’ shelter, breeding and feeding. It provides criminal penalties ranging from fines up to $5,000 and up to one year in prison.
Texas Parks and Wildlife Habitat Management Guidelines for Bald Eagles in Texas elaborate on what that interference means.
Activities Discouraged within Management Zones
The guidelines state the following under: “Primary Management Zone For Nest Sites.” “This zone includes an area extending 750 to 1,500 feet outward in all directions from the nest site. It is recommended that the following activities not occur within this zone:
The same TPWD guidelines also stipulate a “Secondary Management Zone For Nest Sites.
How Management Zones Overlay Development Plans
Here’s how the radii of the management zones overlay the outline of the proposed high-rise development and marina areas. The nest is at the center of the red lines.
To see the proposed development within the white outlines follow this link to the architect’s web site. It features a 3D fly-though video of a computer-rendered animation.
Impact on Eagle Nesting and Feeding
My first impression: Massive. From my point of view, the proposed development clearly does not meet TPWD guidelines.
Emily Murphy has also photographed eagles flying over the developers’ property and adjacent river.
One of Many Factors Being Considered
The Corps will review the developers’ application in accordance with 33 CFR 320-322, from which the Corps derives its regulatory authority. The decision whether to approve the permit will be based on “an evaluation of the probable impacts, including the cumulative impacts of the proposed activity on the public interest.”
The permit could be denied based on wildlife impact concerns alone. However, eagles are just one of the problems this proposal has. I hope that when all factors are weighed, pro and con, that the cons will vastly outnumber the pros.
So keep sending those letters to the Corps. Encourage your friends and relatives to send them also, even if they live outside of Kingwood. You might also want to copy TPWD and U.S. Fish and Wildlife Service.
Posted by Bob Rehak on 1/27/2019
516 Days since Hurricane Harvey
West Fork Migrating Toward Proposed High-Rise Marina Project at 20 Feet Per Year
Steady northward migration of the San Jacinto West Fork could threaten the proposed new high-rise Kingwood Marina development – within the lifetime of many residents.
An analysis of satellite and aerial imagery in Google Earth shows that the river channel has shifted 758 feet north in 40 years – almost 20 feet per year – toward the site of proposed 25-50 story high rises. The proposed Kingwood Marina site is on the cutbank side of the West Fork. And the West Fork is definitely cutting.
Measuring River Migration Rate
These three images tell the story.
The migration of the river toward the high rises should continue. The river appears to be moving back toward one of its old meanders. The developer plans to build the high-rises in the old river bed. That’s a dangerous practice, because during floods, as residents all over Harris County discovered after Harvey, water seeks to return to old channels.
Floodway Shifting, Too
Already at Greater Risk than Town Center
Harvey inundated Kingwood’s Town Center area. That’s a mile further from the river and on higher ground. About a year and a half later, approximately 25% of the businesses in Town Center still have not returned. That would certainly affect the economics of this development if it ever floods.
50 Years or Bust
At the current rate of northward migration, the river could reach the marina in about 50 years; it’s currently about a 1000 feet away. If the river “captures” the marina (just as it captures sand pits), we could expect to see a rapid shift in river migration toward the high rises. See the demonstration in the video below.
Of course, before that happened, someone would try to prevent it. The owners would push to “shore up” the development with bulkheads or levees.
Futile Struggle to Combat Nature
Bulkheads didn’t work very well for these people on Marina Drive in Forest Cove.
Levees have their own set of problems. And anyway, how do you put a level around a marina? Seems like building this close to the river is just asking for trouble.
Planned Construction Level Likely to Flood Every 4-10 Years
The developer wants to build the foundations up to 57 feet. That’s asking for trouble, too.
If you go back and analyze the crest data for the West Fork for the last 90 years, you will see that the river has crested higher than 57 feet nine times – once a decade. But you will also see that it has crested higher than 57 feet six times in the 25 years since 1994 – about once every FOUR YEARS!
Rivers! Look pretty. Get ugly.
Sometimes rivers remind me of that classic 1983 teen flick called War Games staring Mathew Broderick and Ally Sheedy. The duo hacks into a Department of Defense Computer and starts playing what they think is a game. It’s called “Global Thermonuclear War.” They quickly discover it isn’t a game; they’ve triggered the real thing. In the end, they discover that “the only winning move is not to play.”
That’s certainly the case with the West Fork.
As always, these are my opinions on matters of public policy. They are protected by the First Amendment of the United States Constitution and the Anti-SLAPP statute of the Great State of Texas.
Posted by Bob Rehak on 1/26/19
515 Days since Hurricane Harvey
Life Out of Balance
In addition to monitoring sand mining legislation, I have spent the last several days drafting and redrafting my own letter to the Army Corps and TCEQ about the proposed new high-rise development for Kingwood.
I’m not done with my letter yet. I keep discovering alarming facts. They raise questions about the wisdom of such a development in a fragile, wetlands environment.
Surprising Discoveries
A marina to hold 640 yachts could fill the the entire West Fork. Lined up bow to stern, they would stretch at least 16,000 feet – the entire distance from the marina to the mouth bar. Talk about traffic jams and impacts on navigation! (Hint: Navigation is one of the things that the Corps considers.)
Then I started to think about the population increase and the water supply. Five thousand condos at 2.71 people per household (Kingwood average) PLUS a 50 story hotel, would add about 15,000 people to Kingwood’s population – about a 20 percent increase.
Kingwood is on well water drawn from the Evangeline Aquifer. USGS shows that the water level in the aquifer is decreasing at the rate of 1.7 feet per year, but only recharging at one-tenth of one inch per year, We’re using up the aquifer 200 times faster than the recharge rate! A twenty percent increase would kick that rate up to 240X. (Hint: the Corps also considers impacts on the water supply.)
Think maybe this could have to do with increasing rates of subsidence and your foundation problems? Check out this AP article that shows what subsidence is doing in Tehran. (Hint: the Corps considers environmental impacts, safety, economics, and the welfare of the public, too.)
Wrong Number and a Hang Up
With that pleasant thought, I decided to call the developer to see if we could talk about some of my concerns. Surprise! The developer does not answer the phone number listed in the Public Notice. The people who answer the phone tell me I have the “Wrong number” and hang up. So I sent a certified letter requesting a public meeting to discuss these issues. We shall see if he responds. Many of the phone numbers for the developers’ other companies are not live. It kind of makes you wonder who you’re dealing with.
Putting it All into Perspective
The deeper I dig, the more concerned I become about connections between the high-rise development, sand mining and legislation. Are we encouraging unsustainable practices? Stay with me for a second.
It all reminds me of a classic 1952 science fiction book called The Space Merchants by Pohl and Kornbluth. I read it decades ago.
In a vastly overpopulated near-future world, businesses have taken the place of governments and now hold all political power. The public is constantly deluded into thinking that all the products on the market improve quality of life.
The book illustrates how production/consumption cycles thrive. On a small scale, think about movie theaters putting more salt on popcorn, so you’ll buy a $5 soft drink that costs a penny to make.
On a grander scale think about sand mining in the flood plain to get cheap sand. So that these developers can build high rises in the flood plain. And sell them thanks to below-cost government flood insurance. That you and I pay for with our taxes. When all we really wanted to do was take a walk by the river and enjoy the serenity … that’s being destroyed.
It also reminded me of a movie called Koyaanisqatsi released in 1982. Francis Ford Coppola executive-produced it. It’s 90 minutes of world-class cinematography. The visual tempo increases from languid when we see nature photography in the beginning – to frenetic at the end when we see nature being overpowered by man and technology. Imagine time-lapse photography applied to evolution that accelerates at a dizzying pace.
The title, a Navajo phrase meaning “life out of balance”, is revealed at the end. The movie makes its point without speaking a word. It created an impression that’s still vivid after 35 years. I highly recommend it if you want to feel what’s happening to the San Jacinto in your bones.
You can buy or rent the movie through the iTunes Store or Amazon Prime Video. It’s a classic in the documentary genre.
Connecting the Dots
The book, the movie, the high-rise development and the sand mines make you want to scream “Enough already.” We need to restore balance. Live life in harmony with nature. Isn’t that what we wanted for our children when we decided to buy homes in Kingwood?
I’m sure that someone will say, “But we need the tax revenues.” To which I will say, “If we weren’t destroying our own environment maybe we wouldn’t need such high taxes.
A couple hundred million tax dollars to dredge!? Maybe that sand isn’t so cheap after all. I know emotion won’t sway the Corps and TCEQ, but dammit, “Enough already!”
Posted by Bob Rehak on January 25, 2019
514 Days since Hurricane Harvey
As always, these represent my opinions on matters of public police. They are protected by the First Amendment of the United States Constitution and the Anti-SLAPP statute of the Great State of Texas.