The US Army Corps of Engineers has just released a graphic that updates the Lake Houston Community on West Fork dredging progress. With a little more than two months to go before the scheduled completion of the project, about two thirds of the work has been completed. That’s a visual estimate, not one based on volume of sand removed.
The clock started ticking on this project on July 15, 2018. The contract called for completion in 270 days or about mid-April. However, contractors encountered three back-to-back-to-back floods in December and January that set them back. The Corps’ last scheduled completion date was at the end of April.
The dredging progress may be slightly behind schedule, even given the addition of the “weather days.” However, contractors hope to make up the time as weather improves.
Work to date shown in solid colors. Unfinished work shown as empty boxes. Expected completion date is end of April.
To download a high-resolution version of this progress map, click here.
Artwork courtesy of the U.S. Army Corps of Engineers.
Posted by Bob Rehak on 2/21/2019
541 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/FebDredgeUpdate.jpg?fit=1912%2C1274&ssl=112741912adminadmin2019-02-20 21:45:482019-02-20 21:45:54Army Corps Updates West Fork Dredging Progress
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
Searches have revealed 35 companies so far that are registered with the Texas Secretary of State that belong to Gabriel M. Haddad and Fabio M. Covarrubias. Both men use multiple variations on their names, making it difficult to nail down a precise number of companies and partnerships that they control. They also register additional companies and partnerships in other states and countries, making ownership and accountability even more difficult to track.
Romerica Group’s website says they have 12 projects currently “running” in the U.S. and Mexico. However, a review of the company’s many websites found only two related to real-estate development – one in each country. The US project in Kingwood has not been constructed and the website for the development in Mexico shows only conceptual drawings. The Romerica Group website shows nine related entities, discussed below.
Motor Sports Resort
In November 2014, Covarrubias and Haddad bought a race track in Angleton at One Performance Drive in the middle of farmland (see below). Built in 2005, it was originally called MSR Houston. MSR stood for Motor Speedway Ranch. Photos on the site suggest that the tallest building on the property is two to three stories. It sold memberships and track time to owners of high-performance vehicles who wanted to drive fast legally in a controlled environment.
Racetrack in Angleton caters to performance driving enthusiasts. As of 3/21/18, Google Earth showed only a track with some garage space and a few other small buildings.
The Motor Sports Resort site mentions a real-estate company, MSR Houston Real Estate, that was supposedly introducing a master plan for the track by the summer of 2018. The MSR Houston web site does say, “Coming Soon,” but the Texas Secretary of State shows no record of such a company and a google search for it returned no results except the one below. I can find no details of a master plan on the website.
Tramontana and Lotus Driving Academy
The Romerica Group website also claims to have two other automotive related ventures:
MSR Tramontana LLC features a high-performance car. However, the site does not say what the group’s contribution to the vehicle is. It says that they are one-of-a-kind vehicles with “excellent levels of production and development” but doesn’t say how many have been built or how to buy one. Tramontana has a separate, dedicated website. That offers a little more detail. But on their partner page, they list a branding company, two fashion designers, and a web developer. I could find no references to manufacturing partners or where the vehicles were made.
Warning message when you check out from FAMA Design.
Romerica Insurance
Romerica Insurance does not have its own web site. However, it does have several Facebook pages. They sell many different types of insurance, including – ironically – flood insurance. FaceBook also lists an office for the insurance company at the Angleton racetrack.
Romerica Real Estate
Romerica Real Estate does not have its own web site either. The link to Romerica Real Estate from the Romerica Groups Home Page is broken. HAR.com (Houston Area Realors) says that the Romerica Real Estate “page is no longer active.” Same for FaceBook. A Google search returns dozens of other “page not found” error messages. The Texas Real Estate Commission (TREC) shows that the company’s account is “inactive.” TREC also lists the real estate company’s address as the racetrack in Angleton.
The Texas Real Estate Commission lists the Romerica Real Estate, LLC account as inactive even though it has not expired. Note that the TREC also lists the address for the real estate company at the race track.
Torrenova Cuernavaca
Another link from the Romerica Group Home Page goes to Torrenova Cuernavaca. The subhead says it deals with Romerica land in Mexico. Last month, clicking on the link yielded another dead-end search.
However, the Torrenova-Cueranvaca site has since been updated to include concept drawings. It shows no actual photos of anything the “company” has constructed, though the site does list prices. Like the Romerica Group itself, Torrenova Cuernavaca is not registered to do business in the state of Texas (though in fairness, the site is in Spanish).
American Vision Regional Center solicits investments through the U.S. Citizenship & Immigration Service EB-5 program. EB-5 visas offer a legal pathway into the U.S. for foreign investors, their spouses and family members under 21.
Foreign investors are suing the developers for fraud in Houston district court. (See MARIA DEL CARMEN BORBOLLA AND MARIA DEL CARMEN GOMEZ, CAUSE NO. 2018 – 07276, 157th Judicial Court, Harris County, Tx.)
Clicking on the home page of AmericanVision.com takes the viewer to an unrelated site (AmericanVision.org) that sells religious books. AmericanVision.org is registered to a seemingly unrelated company in Paris, France.
The landing page for AmericanVision.com shows links to four sub-pages: Why EB-5?, Info For Investors, FAQs, and Our Parters. Links to each page are broken. They take you to a “page not found” error message on the bookstore site.
The SEC’s first warning sign: “Promises of a visa or becoming a lawful permanent resident.” The text explains, “Investing through EB-5 makes you eligible to apply for a conditional visa, but there is no guarantee that USCIS will grant you a conditional visa or subsequently remove the conditions on your lawful permanent residency. USCIS carefully reviews each case and denies cases where eligibility rules are not met. Guarantees of the receipt or timing of a visa or green card are warning signs of fraud.”
Copy on the AmericanVision.com About Us Page clearly states that their program was “…designated by the United States Citizenship and Immigration Services (USCIS) to offer Investor Visa / Green Card through the EB5 Immigrant Investor Program.”
Last line of copy shown above seemingly violates SEC guidelines.
To be clear, I am not accusing Romerica or its management of fraud. I am merely repeating US government advice for investors to be cautious in these circumstances.
Numerous questions exist about the people applying for permits to build high-rises feet away from the floodway of the San Jacinto? They surely know that the area where they want to build 25-50 story high rises will soon be INCLUDED in the floodway when new flood maps are approved. Who would build there? Why?
I do not wish to speculate on the motives of the developers. I can only point out inconsistencies that do not inspire confidence. Especially for someone developing what Houston City Council Member Dave Martin has described as a $2.5 billion project. Especially when they’ve shown no evidence that they have ever built anything.
Despite my seven requests for a meeting, the developers have refused to meet publicly to answer questions. Their official point of contact at the Manlove Advertising and PR agency has stated that they may consider one AFTER the public comment period closes.
One can only hope that the Army Corps and TCEQ will exercise due diligence in consideration of these permit requests.
As always, these comments represent my opinions on matters of public policy. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP statute of the Great State of Texas.
Posted by Bob Rehak on February 17, 2019
538 Days After Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/MSR-Houston-Track.jpg?fit=1500%2C885&ssl=18851500adminadmin2019-02-17 23:27:032019-02-18 11:17:57More Questions than Answers About Romerica Group, Romerica Investments, and Their Supposed $2.5 Billion Project
While I have primarily focused on legislation around sand mining, legislators in both the Texas House and Senate have filed bills that address other aspects of the Harvey disaster. I have arbitrarily grouped them into several categories below to make this rather lengthy list easier to follow.
The 86th Legislature of the State of Texas is now considering all of the proposed legislation in this post.
Preparedness
Remember how residents received no warning to evacuate before water invaded their homes? Remember how the storm overwhelmed emergency response systems?
Rep. Will Metcalf introduced HB26 that would create an alert system. It stipulates that the dam operator must provide: time of release, expected duration of release, expected level of flooding that will result, etc.
Rep. Richard Raymond introduced HB34 that would create a statewide disaster alert system under the Texas Division of Emergency Management (which is part of DPS).
Rep. Sarah Davis sponsored HB1294 requiring emergency management training for officers and employees of political subdivisions whose responsibilities include emergency preparedness or management.
Sen. Boris Miles introduced SB 285. It would require the Governor to issue a proclamation each year before hurricane season. The proclamation would direct state agencies, municipalities and counties to review and update hurricane preparedness plans. It would also require them to conduct community outreach and education activities on hurricane preparedness.
Sen. Charles Perry introduced SB396 relating to state and regional flood planning. It would create a state flood planning process administered by the Texas Water Development Board.
Dam Hazards
Concerned about that upstream dam that might flood you?
Rep. Gina Hinojosa introduced HB137 that would require the TCEQ to notify communities of significant dam hazards.
Involving Public in Permitting Processes
Concerned about how sand mine and superfund sites get permitted next to your water supply without anyone in your community knowing?
Rep. Jessica Farrar introduced HB245. It would require applicants for environmental and water-use permits to post a copy of the applications online.
Flood Insurance Disclosure
Did you think you had flood insurance coverage when you didn’t?
Rep. Mary Ann Perez filed HB 283. It would require insurers to disclose on the top page of a commercial or residential policy whether the policy covers loss caused by flooding.
Disclosure of Prior Flooding
Concerned that the people selling you a home might not fully disclose flood risks and the property’s history re: flooding?
Senator Joan Huffman introduced SB339. relating to a seller’s disclosure notice for a residential property regarding floodplains, flood pools, or reservoirs. It would require a seller of residential property to disclose existing information about whether the property is within the 100-year floodplain, the 500-year floodplain, the flood pool of a reservoir, or within five miles downstream of a reservoir and the property has flooded in a flood event.
Adequacy of Infrastructure
Concerned about how our infrastructure couldn’t handle Harvey and about how long it is taking to fix those issues?
Rep. Dade Phelan introduced HB478 that would help fund flood planning, mitigation and infrastructure projects.
Rep. Amando Walle introduced HB801 that would establish a task force to conduct a comprehensive study on flood control infrastructure for Harris County.
Sen. Boris Miles introduced a companion bill to HB801. SB 179 requires U of H to provide staff and administrative support for the task force. It also directs Harris County Flood Control to advise the task force.
Rep. Dennis Paul introduced HB1010 that would establish regional flood planning that includes a prioritized list of projects necessary to meet the needs of the region for the next 10 years.
Rep. Eddie Lucio III introduced HB1059 that requires the TCEQ to appoint a Green Stormwater Infrastructure and Low Impact Report Group. It would report every other year on systems and practices that manage stormwater, and that protect water quality and associated habitat.
Sen. Charles Perry sponsored SB397 related to the funding of flood-related projects by the Texas Water Development Board. It also includes flood-related projects administered by the State Soil and Water Conservation Board.
Senator Brandon Creighton introduced SB695. It creates a Texas Infrastructure Resiliency Fund administered by TWDB to provide grants, low-interest loans, or zero-interest loans to eligible political subdivisions. for
flood projects.
Sen. Charles Perry proposed a constitutional amendment providing for the creation of a State Flood Plan Implementation Fund to assist in the financing of certain flood-related projects. It also calls for transferring $1.2 billion from the economic stabilization fund into State Flood Plan Implementation fund on 11/30/19.
Sand Mining
Concerned about whether aggregate production operations (sand mines) will destroy a river near you?
Rep. Terry Wilson, introduced HB509. It would allow the Railroad Commission to regulate aggregate production and requires them to consider the cumulative impact of multiple operators in an area.
Rep. Dan Huberty filed HB907 that increases penalties for failure to register aggregate production operations.
Huberty also introduced HB908. It increases penalties for other violations by aggregate production operations and requires inspections by the TCEQ every two years instead of three.
HB909, also by Huberty requires the TCEQ to establish a set of Best Management Practices for aggregate productions operators.
Sen. Donna Campbell introduced SB694. It increases the frequency of aggregate production operations by the TCEQ and allow unannounced inspections for APOs that had violations in the preceding two years. It also increases the maximum possible penalty for APO violations to $20,000 per day from $10,000.
Aquifer Storage and Retrieval
Concerned about loss of lake capacity due to sedimentation from flooding? About subsidence? About the long-term availability of ground water?
Rep. Lyle Larson introduced HB720. It appropriates water for use in aquifer storage and recovery projects.
HB721, also sponsored by Larson, requires the Texas Water Development Board to conduct studies of aquifer storage and recovery, and to prepare and submit reports on the same.
Lake-Houston-Area Interests
Concerned that no dedicated entity is looking out for the interests of Lake Houston Area residents?
Rep. Dan Huberty introduced HB911 that creates a Lake Houston Watershed Commission that will be responsible for planning for the area, share information and publish information.
If you are aware of other bills that should be on this list, please contact me. I will update it periodically throughout the legislative session.
You can track the progress of bills through the legislative session by clicking on links to the bills above. You can also track a group of bills by creating a list at My Texas Legislature Online.
Posted by Bob Rehak on 2/16/2019
536 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/capitole_1024.jpg?fit=1024%2C768&ssl=17681024adminadmin2019-02-16 15:51:082019-02-16 19:30:24Two Dozen Pieces of Legislation Introduced to Help Prevent Another Disaster like Harvey
State Representative Dan Huberty introduced House Bill 1671 this week. It amends Section 26.551 of the Water Code to give the West Fork of the San Jacinto protections enjoyed by the John Graves Scenic District on the Brazos as a result of a pilot program started in 2005. The bill covers the portion of the West Fork between Lake Conroe and Lake Houston which has 20 square miles of sand mines.
Visual Inspections Twice a Year
If adopted, it would obligate Texas Parks and Wildlife Department to conduct visual inspections of the West Fork twice a year. The inspections would consist of two parts: flyovers and from the water surface. TPWD would conduct one set of inspections in summer and the other in winter.
Any fines received as a result of these inspections would go into a fund for reclamation and restoration of “beds, bottoms, and banks of water bodies affected but the unlawful discharges.”
Pilot Program Ends in 2025
If approved HB1671 would take effect on September 1, 2019, and run through September 1, 2025. That’s because the original bill was conceived as a pilot program that expires in 2025.
Greater Setbacks, Performance Bonds and Best Practices
The original bill also prohibits the construction or operation of any new quarry, or the expansion of an existing quarry, located within 1,500 feet of a water body located in a water quality protection area. However…
Exceptions may be granted if the quarry can prove that it satisfies performance criteria that address:
(A) slope gradients that minimize the potential for erosion, slides, sloughing of quarry walls, overburden piles, and banks into the water body and related water quality considerations;
(B) whether operations could result in significant damage to important historic and cultural values and ecological systems;
(C) whether operations could affect renewable resource lands, including aquifers and aquifer recharge areas, in which the operations could result in a substantial loss or reduction of long-range productivity of a water supply or of food or fiber products; and
(D) whether operations could affect natural hazard land, including areas subject to frequent flooding and areas of unstable geology, in which the operations could substantially endanger life and property.
River is migrating toward pit in background at 12 feet per year. Only 38 feet remain before river breaks through dike. Wider setbacks, like those mandated in HB1671, would reduce this danger and consequent sedimentation.
The other major provisions of the bill make quarry operators:
Post a performance bond that covers site reclamation when they finish mining.
Pros
This bill would be a good first step in protecting the shores of the San Jacinto.
It would requires new operations to move farther back from the river. That should help reduce sedimentation and erosion in the long run. Lake Houston Area flood prevention activists have pushed this idea for more than a year.
HB1671 would also force operators to follow industry best-management practices and to reclaim land when they are done mining.
Cons
Unfortunately, the pilot program only runs for six more years. However, if successful, the legislature could make the program permanent in 2025.
The twice yearly inspections are a disappointment though. The major damage to water quality comes from breached dikes. Operators can patch dikes and plant grass which conceals the evidence of breaches after a few weeks in this climate. Landsat images, such as those in Google Earth, provide a much more effective method of monitoring. The satellite goes over this area every 1.5 hours…16 times a day. Monitoring operations from a computer monitor in near-real time would be much more effective and cheaper. One person could monitor every mine in the state on a daily or weekly basis.
About one month after this West Fork sand mine breach, new grass was already knee high. Inspections need to be made more frequently than once every six months. Satellite photos provide a more timely and cost-effective solution.
However, neither miners, regulators, nor legislators seem eager to take advantage of this technology when I bring the subject up. It makes one wonder why.
Recommendation
All in all, I love what HB1671 is trying to do and support it whole-heartedly. I hope as it makes its way through committee, the amendment can be amended to include more frequent satellite inspections.
Posted by Bob Rehak on February 14, 2019
535 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/SJR_434_025.jpg?fit=1800%2C1200&ssl=112001800adminadmin2019-02-15 21:29:012019-02-15 21:33:33Huberty Introduces HB1671 To Extend Water-Quality Protections to West Fork
Kingwood’s Kingwood Lakes Community Association has threatened legal action over a portion of the proposed high-rise development between Lake Kingwood and the Barrington. Developers planned multi-family condominium units on stilts for that area. But deed restrictions limit construction to single-family housing compatible with surrounding architecture.
View from Milan Saunders home in Kingwood Lakes during Harvey. This is why Kingwood Lakes residents are so concerned about the diversion of drainage from the proposed high-rises and condos towards them.
Single-family usually means “one family in one house on one piece of land.” The developers had planned 65′ high, MULTI-FAMILY condos. That would not look anything like the classic homes in either Kingwood Lakes or the Barrington.
Drainage Issues Compound Deed Restriction Issues
Deed restrictions also prevent diversion of drainage onto the property of others. According to the US Army Corps’ public notice, the developers planned to divert runoff into Lake Kingwood. That lake is owned and maintained by the Kingwood Lakes subdivision. Without the permission of the Association, that would also constitute a deed restriction violation.
The letter warns that if development commences, the association will seek “judicial enforcement of deed restrictions, architectural guidelines and protection of its property. Such action may include claims for injunctive relief as well as relevant damages.”
The letter closes by saying that the Association hopes no further action will be required.
Kingwood Lakes addressed the letter to the Army Corps. However, the homeowners’ association also copied officials at Harris County Flood Control and the City of Houston.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/07/Deck-1-e1532494854628.jpg?fit=900%2C1200&ssl=11200900adminadmin2019-02-14 15:11:042019-02-14 15:11:10Kingwood Lakes Threatens Legal Action Over Portion of Proposed High-Rise Development
Romerica Investments LLC has filed permit applications with the Army Corps, City of Houston, and Harris County Flood Control. Romerica Investments hopes to build 5,000 mid-rise condos, a series of high-rise towers ranging from 25 to 50 stories, and a marina to hold 800 40-foot boats and 200 jet skis – all on property deed-restricted to “single-family residential” in a bald-eagle habitat protection zone. The property is near River Grove Park in the floodplain and floodway of the San Jacinto’s West Fork.
However, a title search revealed that Romerica Investments does not own the property on which it intends to build. A search for who does own the property led through a maze of more than 30 other entities in Texas. Two individuals run virtually all of them. The individuals sometimes use different names and different spellings of their names when registering their businesses with the Texas Secretary of State. They also list offices that are sometimes vacant; phone numbers that have been disconnected; and an address on a street that does not exist. In the case of the land in question, they even registered the company under the first name of one man and the last name of the other. Innocent mistakes or part of a pattern? You judge.
In case you’re doing a double take, that’s the first name of one man with the last name of another. They amended that filing last year so that their names now appear as Fabio M. Covarrubias Piffer and Gabriel M. Haddad Giorgi.
Filing for Permit to Develop
Whew! Got all that? Now get this. Romerica Investments, the company that filed the permit application with the Corps, lists Mr. Covarrubias as both manager and director under two different names. Also note that the address on “Nuntucket” for Mr. Haddad does not exist; there is no such street. (Many of their filings use this misspelling. A Nantucket street does exist in Houston.)
Romerica Investments’ management information. Note the different names, addresses and positions for Mr. Covarrubias. Also note the different positions for Mr. Haddad and the misspelling of his street name. Google Maps street view shows rather expensive homes at this address, so “Suite C” seems odd.
Kingwood Marina website suggests that Romerica Group, not Romerica Investments will develop property. It also states that developers believe in “dialog with stakeholders,” but they have refused to meet publicly.
So Many Questions, So Little Time; Developers Refuse to Meet
These observations raise many questions. Despite the developers’ claimed “commitment to dialog with stakeholders at every level,” they have refused to meet publicly to answer questions before the end of the Army Corps’ comment period. I have personally requested a meeting by phone, email, or certified mail seven times in the last seven weeks – all to no avail.
Developers commonly use different companies to acquire, sell, or subdivide land. That doesn’t bother me. The fact that registrations for so many of these companies contain inconsistencies, inaccuracies, misspellings, wrong addresses, aliases, broken links, dead ends and disconnected phone numbers does concern me.
None of the companies shows projects they have completed. Sometimes one company lists another as the owner, but the companies may be incorporated in different states or different countries. Plus they’re selling:
Swampland dressed up as investments in a luxurious lifestyle
My advice: Buyers beware. I use the term “buyers” in a global sense to include officials granting permits. I’m not buying any of this.
As always, these posts contain my opinions on matters of public policy which are protected by the First Amendment of the US Constitution and the Anti-SLAPP statute of the Great State of Texas.
Posted by Bob Rehak on February 14, 2019
534 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/RomericaGroup2.jpg?fit=1479%2C1096&ssl=110961479adminadmin2019-02-14 12:56:452019-02-17 19:43:14Search for Owners of High-Rise Properties Leads to Maze of More Than 30 Companies in Texas Alone
Last night, I posted about some problems with the copy in the new website for the high-rise Kingwood Marina project. This morning, The Manlove Agency started changing the copy in many of the FAQs without explanation. Their disclaimer did not change, however.
I have screen captures of the original text. If anyone wants to see it, please email me.
Rather than do an hourly critique of the website, I’m going to give them a day or two to vet their facts. Then I will revisit it. Use extreme caution in the meantime. For instance,:
Their video still says they will have slips for 800 boats. But the Army Corps’ public notice states 640. A huge “disconnect”!
The copy still states that Romerica Group will now develop the property. The Texas Secretary of State has no listing for a Romerica Group. The phone number listed in their website is disconnected. And their name appears nowhere on the permit application.
The copy still says the development will be 364 acres although the Corps Public Notice states 331.
The developer has acquired all of the property in red, but only the portions marked Project Area are included in the current project.
Fixing One Problem Creates Another
Yesterday, I pointed out that raising the property to 57 feet would not make them flood safe. Manlove revised yesterday’s copy to suggest that the buildings will now have an additional five feet of fill beneath them. The developer will now raise them 17 feet above their current elevation, not 12 as stated in the original permit application. This would result in the loss of more than 1800 acre-feet of floodplain storage capacity and could impact surrounding communities.
Offending Copy About Permit Approval Removed
Manlove removed the copy about the City, County and Corps permitting the site for construction after finding no impact on surrounding communities. I confirmed with Harris County Flood Control that they never issued a permit for the property. The Corps is currently evaluating a permit. Hence, this public comment period. I’m confirming whether the City issued a permit to begin excavation.
No Public Meeting
The developers have refused to meet with the community to address the many concerns surrounding this project. I have personally tried SIX times to set up such a meeting. They agreed to have a private meeting with me. I said I would agree if I could videotape it. They refused. So the private meeting was cancelled, too.
As always, the content of this post represents my opinions on matters of public policy. Those opinions are protected by the First Amendment of the US Constitution and the Anti-SLAPP statute of the Great State of Texas.
Posted on February 13, 2019, by Bob Rehak
533 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/Woodland-hills-map.png?fit=1061%2C1024&ssl=110241061adminadmin2019-02-13 11:44:352019-02-13 12:52:35Manlove Changing High-Rise Website, but Problems Remain
