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 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

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.)

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.

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.

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.

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.

Two Top Geologists Protest High-Rise Development in Floodplain with Letter to Corps and TCEQ

Two top retired geologists for one of the world’s largest oil companies have sent letters to the US Army Corps of Engineers and TCEQ protesting the new high-rise development in Kingwood. They raise some excellent points from a technical perspective that other letter writers have not yet addressed.

Wetlands on the site of the proposed high-rise development retain and filter water. They help protect this area from flooding and improve water quality. The proposed development would fill in wetlands like this and purchase “mitigation credits” elsewhere.

Tim Garfield and RD Kissling, who led the fight to raise awareness of the mouth bar, wrote this letter. They have kindly given me permission to share their concerns with other residents in the Lake Houston Area.

Text of Letter

January 22, 2019 

Evaluation Branch, North Unit Regulatory Division  
CESWG-RD-E Galveston District, U.S. Army Corps of Engineers
P.O. Box 1229, Galveston, Texas 77553-1229 

Texas Commission on Environmental Quality 
401 Coordinator MSC-150 
P.O. Box 13087, Austin, Texas 78711-3087

RE:  Permit Application No. SWG-2016-00384,  Romerica Investments, LLC

U.S.A.C.o.E.  and TCEQ,

We are writing to: 

  • Provide feedback on Permit Application No. SWG-2016-00384
  • Request a Public Hearing be held before any decisions are made on this permit application. 

We, and other Kingwood residents we have talked to have observed that the Project associated with Permit Application No. SWG-2016-00384, is so ill conceived in so many ways, that it “just doesn’t smell right”. 

What we and other Kingwood residents absolutely don’t want is for this ill-conceived Project to go forward to the point where earth moving and tree removal takes place, then (following even a minor flooding event or economic turn) for the whole Project to fold (like adjacent Barrington development has done multiple times) leaving the San Jacinto River with another giant scar in what used to be a landmark Riparian Forest.

Re: Public Notice for Permit Application SWG-2016-00384

The USACoE states in Public Notice for Permit Application SWG-2016-00384issued on December 27, 2018, that their evaluation shall include all factors which may be relevant to the proposed Project under evaluation.  Among these are: conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs and, in general, the needs and welfare of the people. They also state that the benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments.

Following our review of the proposed Project it is very clear to us that the foreseeable detriments of this project far out way any perceivable benefits as indicated by the factors listed below. These identified factors should be fully evaluated by TCEQ and the USACoE, be subject to Public Hearing and used by TCEQ and the USACoE as a basis for permit denial:  

Conservation

The Project proposes to fill numerous acres of pine and hardwood riverine wetlands, home to a diverse biota, and replace that with multiple residential high rises, parking lots, commercial buildings, a high-density marina and related amenities.  These proposed activities are the antithesis of conservation of a unique and increasingly rare ecosystem. 

Economics

We believe there is no conceivable financial viability to the proposed Project for multiple reasons, including those detailed below: 

 – The “marina”, even if dredged to the depth needed to support larger boats, would feed to an un- navigable water body (The West Fork , San Jacinto River; NW Lake Houston) that contains numerous shoal areas with as little as 1-2’ of draft.  The proposed marina would accrue limited benefit to the project unless the builders also committed to extensive and ongoing dredging.  At normal lake/river stage (42.5′) there is now very limited access for most types of recreational boats to navigate from Lake Houston to the proposed marina area due to river sediment that has accumulated within and at the mouth of the river (stream mouth bar/SMB). To remove the stream mouth bar sediment and do maintenance dredging on the West Fork of the San Jacinto River from the proposed marina down to Lake Houston would incur dredging costs that could exceed $100M. Is the Developer willing to consider this as a cost of business needed to make the Project viable? If removal of the stream mouth bar downstream of this development is not addressed then there can be no foreseeable economically viable outcome for this Project.  

– Data over the last 3 years has shown increasing frequency of flooding in this area with only moderate rainfall.  Hurricane Harvey showed the economically calamitous impact of a major rain event. The SMB blocking the flow of water from the river to the lake is a significant cause of upstream flooding, and that flow barrier continues to grow. While the Developer may be able to elevate some of the development areas by infill above the (current) 100- year flood stage, the marina area – at lake level – will be subject to damage by nearly every storm that comes into the San Jacinto River Basin (e.g. adjacent River Grove Park and FFA regularly flood and still hold standing water). Can the project economics remain viable when incorporating costs of continuous flood reclamation?  What client would ever purchase or take a lease on any of these facilities if they did any due diligence regarding these circumstances?   If yet another major flood event hits that area either during construction or after completion (look at impact of Harvey on the new HEB development in Kingwood) – the costs of recovery would fully erode any conceivable economic viability. 

– Water quality in this area is always turbid/muddy, in part due to the effects of the mines upstream which contribute sand and mud to the water and may also introduce additional toxins. That won’t likely change in the near future and is not consistent with the image or the name the developers have attached to the proposed marina basin – “Emerald Lake”. Given the difference between the true nature of this muddy water body with the artist’s renderings – what potential customers would not feel deceived upon visiting the site.

-They are building around an area – Barrington – that was built on 6+ ft of fill.  Houses there had as much as 6’  of water during Harvey.  To exceed most recent local flood heights in an area that appears to be in the heart of the current floodway, they would need over 12 ‘ of fill which would create two potential problems:

         1) Fill and associated buildings in the floodplains would create islands,  impacting flood drainage patterns and likely contribute to flooding in adjacent areas during high water. An extensive drainage and flood impact study would be needed to address this.

         2) Structural integrity? The area is underlain by soft recent flood-plain sediment. Adding twelve plus additional ft of fill and building 50 story high rises on top raises questions about how deep and extensive the foundation pilings would have to go to safely carry that load and at what cost?

– Road access in/out, particularly getting to 59 – would the Developer bear the significant additional road construction costs to provide direct access to the freeway or are the plans to tie into existing already congested roadways? If the latter is the case will the Developer provide traffic flow studies that show that impact on current Kingwood residents will be minimal?

– An Indoor shopping mall is advertised in the project prospectus. Such malls are going out of business all over the country, as are movie theaters, another advertised amenity. These elements are not likely to draw customers, and they seem both dated and indicative of how old and poorly researched this promotional material is.

Aesthetics

The proposed structures and activities are the opposite of the aesthetics of the Kingwood area since its inception (“The Liveable Forest”). This aesthetic is very important to the citizens of Kingwood, and should be given full consideration in reviewing and evaluating the permit application. 

General Environmental Concerns, Fish and Wildlife Values

With development rapidly encroaching Kingwood from all directions, relatively wild lands such as those proposed for development are becoming increasingly rare and valuable. To replace them with such a development would erode all beneficial aspects of this Riparian wetland for plants, animals and humans.  

Wetlands

The applicant is requesting to fill or flood riverine wetlands and minimize impacts by only partially filling some various small wetland areas scattered through the site.  This “minimization step” will not replace the functions and values of the filed wetlands. The Developer is also proposing to buy “offset” conversation grants to make up for the damage they are going to do to Kingwoods wetlands.  This is unacceptable.

Flood Hazards and Floodplain Values 

We understand that the Developer “has not applied for a Harris County Flood Control Permit”.  Is the Developer going to provide studies (vetted by outside experts) that show that this development will not adversely impact an already very bad flooding situation?  Can they produce hard data that would show how this development could have anything but a negative impact on future flooding events (i.e. by dredging, significant retention ponds etc)?   Our concern is that the extensive wetlands that are adjacent to the West Fork of the San Jacinto River are the conveyance route for almost all of the rivers overbank flow.  If the wetlands, a natural water sink, are filled in and built up the developments will both displace ground water and become obstructions to flow by diverting and pushing floodwaters into adjacent areas and further up into Kingwood than before.

In the Developer’s proposal there are estimates of how much fill dirt will be required in each area.  They state that they want to elevate above the 100 year flood plain (56-58′ elevation) which is approximately 12′ above current topographic elevation.When examining their estimates of fill volume however it appears that they are assuming an average fill depth of only 1′ per designated acre.This is either a gross miscalculation or, as one of their elevation cross sections suggests, only the high-rise buildings will be elevated to this +12′ level and everything else will be left at current grade.  In the first case this means that they will require significantly more fill dirt in the wetlands (i.e.12x current estimate) than proposed – with significant cost and project viability implications.  In the second case, it means they have a non-viable development because during future floods they will have their tall buildings stranded as islands while everything else is at or below the 100 year flood level (i.e. commercial buildings, parking garages, marina, access roads, sewage treatment plant etc.) and subject to significant damage.  Which is it and at what cost?

Land Use

Part of the proposal is that they will be using fill dirt to “fill existing streams”.  Those small streams exist because they move water out of upstream areas (i.e. Kingwood) into the San Jacinto River.  Has the developer modeled the impact of filling in these streams on overall drainage in Kingwood?  

Water Supply and Conservation

What are waste water treatment plans for this proposed project?  A development of this size cannot simply force it’s way into existing infrastructure.  Part of the Development Plan must include a full, on-site waste water treatment facility.  Where will this be located and will it be above the 100 year flood stage level?  How about the 500 year flood stage level?  What are the impacts if this treatment facility is breached by floods and discharges into the City of Houston’s primary water supply?  What mitigation plans does the Developer propose? At what cost?

Water Quality

The applicant proposed to convert ground now supporting native vegetation, forested uplands and bottomland hardwood wetlands into concrete pavement. The applicant’s proposed structures and paved surfaces are designed to shed runoff as quickly as possible.  The proposal will also add 1000’s of additional vehicles in the proposed development area with associated petroleum residue added to runoff.  The additional fertilizer and animal feces introduced into runoff from the proposed “green space” areas, will further degrade already poor existing water quality parameters.   Has the Developer submitted the proper documentation to show how they plan to mitigate these impacts? Lake Houston is the primary water supply for Houston which is growing at unprecedented rates.  Are we willing to jeopardize the  water supply for 2+ million people by allowing a poorly planned development to add to the stress on Houston’s water supply?

Safety

We are concerned that the proposed development will have significant negative impacts on public safety in the area. These include negative impacts of higher future flood levels and potential hazards to human health and public safety due to the significant increase in road traffic.  We are concerned how drainage runoff from elevated project areas to adjacent properties and associated increased flooding risk to those properties is going to be managed?  This is an issue during every rain event and one that the City of Houston has failed to manage within Loop 610 (i.e. The Heights Area).  In the Heights, developers build up lots 2-3′ higher than adjacent lots and fill the lot with impermeable surfaces with no mitigation for the impact of runoff on to the adjacent lots.  The Barrington neighborhood, which will be surrounded by this Development, could become the retention pond for the Development during flood events, depending on how they handle grade elevation and drainage.

Needs and Welfare of the People

Most residents of Kingwood have chosen to live in this area for its natural beauty and to escape the road congestion, high population density and high-rise building environment of the inner city. These environmental preferences are enshrined in the deed restrictions issued for every other developed area in Kingwood since its inception. These esthetic considerations that are so important to the health and welfare of the citizens of Kingwood should be given full consideration. 

Conclusion: Deny

We hope in the coming months, that our concerns about these factors will be carefully evaluated by U.S.A.C.o.E.  and TCEQand that a Public Hearingbe held before any decisions are made on this permit application.Without any detailed information concerning the viability of the project – including dredging costs, environmental impacts, costs of elevated future flood levels, sewage disposal plans and water quality impacts and potential hazards to human health due and public safety concerns attributed to flooding and increased traffic loads; it is our opinion that the permit application should be denied by the USACE and TCEQ upon completion of the Public Notice review period.  It is also requested that any revisions and supplements to this proposed Project by this applicant or any others which involve this Project be placed on a full 30-day Public Notice in order to allow all stakeholders an opportunity to provide additional comments to USACE and TCEQ.

Respectfully,

Randal Kissling
Sr. Technical Geologist
Major oil company – retired
Crosby  Tx.  77532    

Tim Garfield 
Chief Geologist
Major oil company – retired
Kingwood, 77345

The thoughts in this letter represent opinions on matters of public policy. The opinions, the authors of the letter, and this website are protected by the First Amendment of the US Constitution and Anti-SLAPP statutes of the Great State of Texas.

Posted by Bob Rehak on 1/24,2019

513 Days since Hurricane Harvey