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
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The developers of the proposed high-rise development near River Grove Park launched a new web site today, TheHeronsKingwood.com. In it, they make many new claims designed to put the public’s concerns to rest. It had the opposite effect on me. Why?
They told the Corps the Marina would hold 640 boats. It’s 160 boats larger now. The website video states 800.
The Army Corps thinks the development is 331 acres. The website claims 364.
After telling community leaders they would hold a public meeting before the close of the comment period, they now say after.
After previously touting their connections to an Italian architectural firm, Torrisi and Procopio (which I suspected was a fake site), they now say Skidmore Owings and Merrill (SOM) developed the design. But SOM in San Francisco referred me to their legal department, which did not take my calls. The Italian site was developed in English and registered in Aruba by a Canadian Company.
They now claim that a subsidiary of Romerica Investments, the Romerica Group, will develop the project. They claim Romerica Group has existed since 2007 and is located in Houston. The Texas Secretary of State has no listing for Romerica Group. Neither do Florida, Delaware or Alberta, Canada – other known locations where the developers have incorporated. The phone number listed on the Romerica Group website is disconnected. The office was unoccupied last time I checked several weeks ago.
“Romerica Group” does not appear on any of the permit applications associated with this project at the Army Corps, City of Houston or Harris County Flood Control.
Romerica Investments does not own the property being permitted.
They claim that 25-story condominium towers are single family homes. That’s the world’s largest family!
They say that only the northern half of the development is subject to height restrictions without offering any proof that “single-family residential” deed restrictions have been removed from the southern half.
They claim they’re creating a connection to Hamblin Road (sic), which the Corps Public Notice does not mention and no one in Forest Cove seems to know about.
They claim 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.” This makes it sound like they have been given permits for the entire development. Not true. Neither is the second half of the statement. Developers requested a permit to start excavating the marina. They promised they would haul excavated material offsite. However, things changed by the time the Corps issued its public notice. The public notice states that they will use the fill to raise the elevation 12 feet. Hmmm. Sounds like cause to revoke those permits to me!
They again claim that raising elevations to 57 feet will make the buildings flood safe when the area has flooded over 57 feet at least six times in the last 25 years.
They call roads an alternative mode of transportation!
They think ExxonMobil is spelled Exxon Mobile.
But the best part is this! Read the disclaimer. It’s the most self-generous disclaimer in the history of words. Nobody is responsible for anything the site says. Make sure you read the fine print.
Ain’t nobody responsible for nothin’.
As always, this post represents 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 February 12, 2019
532 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/Disclaimer3.jpg?fit=1500%2C160&ssl=11601500adminadmin2019-02-12 21:02:162019-02-12 23:27:15High-Rise Developers Make New Claims, Give Themselves Most Generous Disclaimer in History of Words
Romerica Investments proposed high-rise marina property has a long history of flooding. In fact, the flooding which has gotten progressively worse through the years, has stymied one developer after another.
The property flooded 52 times since Lake Houston was built in 1955. That means it floods almost every year. And in the last year (February ’18 to January ’19). it flooded SIX times.
Timeline Shows Link Between Flooding, Sales, Lawsuit
As you review this chronology, clicking on the links will take you to the actual deeds. Here’s a timeline that shows how sales of the property relate to water and flooding. As you review it, remember all deed restrictions run with the land. That means they carry forward from one buyer to the next…unless the original entity imposing the restrictions consents to removing them.
Notice how subsequent transfers summarize restrictions in the earlier transfers: “This conveyance…is made and accepted subject to any and all … restrictions … relating to the property, but only to the extent that they are … shown of record in the herein above mentioned County…”
We could find no documents in county records removing the single-family residential restriction that Friendswood Development Company placed on the property. The developer has provided none to date.
Title and Flood History
1950 – Foster Lumber Company sells 3200 acres to City of Houston for the purpose of creating Lake Houston.
1955 – Lake Houston created.
1973 – City of Houston sells two tracts of land not inundated by Lake Houston to Friendswood Development Company and King Ranch. City puts several deed restrictions on property. The significant ones: 1) No use that could alter the reservoir capacity of Lake Houston through fill or erosion. 2) Any fill must be compensated with excavation immediately adjacent to the fill. 3) City reserved the right to enforce pollution controls on activities up to the 51 foot contour elevation line. This is significant because it would include marina operations. The Lake and river normally pool at 42.5 feet back to the US59 bridge.
1994 – In October, historic flooding hits area. Crest at US59 = 67.30 feet.
1994 – On December 30, Friendswood and King Ranch sell property to Holley-Strother Kingwood Lakes Estates, LTD. Deed restrictions limit property use to “single family residential homes with accompanying greenbelt, park, pool, recreational facilities and for no other purpose or purposes” for a period of 40 years. Also, drainage cannot be altered in a way that affects surrounding property. Finally, before the developers could begin construction, they had to get a declaration of use restrictions affecting all the property approved in writing by the grantor. This would force homebuyers to abide by the deed restrictions, too.
1998 – West Fork crests at 60.1 feet at US59 on 11/15.
2001 – 2007 – River crests above 50 feet inundating Holley-Strother property seven times in seven years.
2007 – June 18, FEMA approves new Flood Insurance Rate Maps (FIRMS). This put a large part of the Holley Strother property in the floodway for the first time. City of Houston also adopted a new ordinance that prohibited the City Engineer from permitting any buildings in a floodway.
Current flood map used by FEMA and CoH is dated 6/17/2007. Expansion of floodway (crosshatched area) kept Holley-Strother from developing land. COH rules prohibit building in floodway. Current developer appears to be rushing to get property permitted before flood maps are updated again. Updates will likely show all high-rise portion in floodway.
2008 – West Fork floods and crests at 62.8 feet at US59 on September 18. Holley and Strother excavate a lake on the southern portion of their land to help build up the level of the Barrington, which is still under construction. On September 30, Holley and Strother sue the City. They claim that the City Ordinance against building in the floodway constitutes “illegal taking” of their land under the 14th amendment of the U.S. Constitution.
2009 – 2012 – Floods above 50 feet inundate the property three more times.
And so history repeats itself. The current rush to beat redrawing of the flood maps reminds one of the events in 2007 and 2008.
I have numerous questions about this project. About the safety of building high rises in an old meander of the San Jacinto. About the wisdom of approving a permit to build such immense structures on the edge of the floodway – when we know the flood maps will soon be revised again. About expanding a marina toward the river when the river is migrating toward the marina at the rate of 20 feet per year.
Who are These People?
Meanwhile, I’m also struggling with questions about the developers. I’m struggling to understand the maze of companies, partnerships, addresses, and registrations in other states and countries. These two men have 19 entities here in Texas alone.
This raises so many questions that I hope the Corps extends the public comment period yet again until we can learn who these men are and where their money comes from. The community needs to understand who we are dealing with. But they have not yet consented to a public meeting despite numerous requests.
As always, these are my opinions on matters of public interest. 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 6, 2019
531 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/High-Rises-on-Flood-Plain.jpg?fit=1500%2C1013&ssl=110131500adminadmin2019-02-11 18:43:092019-02-12 09:27:14History of Proposed High-Rise Property Tied to Flooding For Decades
Imagine trying to evacuate 640 40-boats before a storm. The biggest threat to water quality is the one thing in this development that needs to be near the river: the marina.
Main Concerns
My main concerns are:
This development appears to violate legally binding deed restrictions. We can find no documents registered with the county clerk that legally change allowable land use from “single family residential” to commercial, retail and hotel high rises.
The developers many websites touting this project appear to violate rules from the SEC, FTC, FINRA, National Association of Realtors, and Texas Real Estate Commission governing real-estate investment advertising. See letter section 15 (e) XX on page 15.
The developers are foreigners who operate through a maze of companies that makes it hard to understand whom the community is dealing with.
The developers are being sued by investors for fraud.
One huge thing I believe we need: Confidence in the legitimacy of the developers.
Their refusal so far to appear at a public meeting to answer questions about their development raised red flags. I found many others. Four pages worth. See pages 16-19 in the letter. A small sampling:
Dunn and Bradstreet reports that Romerica Investments, LLC, the applicant is inactive and out of business. They have no working phone and appear to have no sales, assets, or profits.
The Romerica Group is not registered in Texas even though they say their headquarters is in Houston and that they have been doing business here since 2007.
The initial contact number listed by the Army Corps for Romerica was a “wrong number.” Contact numbers for several of the developers other companies are not in service.
Investors are suing them for fraud in District Court. (See MARIA DEL CARMEN BORBOLLA AND MARIA DEL CARMEN GOMEZ, CAUSE NO. 2018 – 07276, 157th Judicial Court, Harris County, Tx.)
The RomericaInvestments.com website was registered in 2013 and still shows a “Future Home of…” home page.
The people of Kingwood don’t need another Gucci outlet as much as they need freedom from flooding. I therefore called for a moratorium on all flood plain permitting until flood mitigation measures can be put in place and safety restored.
Conclusion
Any one of these factors by itself might be sufficient to deny the permit request. Taken together, they leave no doubt; the negatives far outweigh any positives. According to Army Corps guidelines, the permit must therefore be denied. Too many questions remain unanswered about the developers and the development to approve this permit.
Or send them in their entirety and say, “I agree!” Here’s a customizable word.doc that you can download and send. Remember to insert your name and contact information on the first page and your name again on the last page. You can then send it by clicking on the links in the letter.
I am sending my letter only in a digital format because of all the hyperlinks embedded in it.
Emailed Letters Preferred
The recipients have expressed a desire for electronic versions over paper copies anyway. Electronic makes it easier for them to forward and file the documents; no scanning necessary.
As always, the thoughts in the letter and this post represent my opinions on matters of public interest. They are protected by the First Amendment of the United States Constitution and the Anti-SLAPP statute of the Great State of Texas.
Posted on February 9, 2019 by Bob Rehak
529 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/boat1.jpg?fit=980%2C759&ssl=1759980adminadmin2019-02-09 18:41:352019-02-09 19:45:49Rehak Letter about Proposed High-Rise Development Spells Out New Concerns
Bill King, who has announced he will be a candidate for mayor this November, will be holding a townhall meeting on February 10 at Los Cucos from 4:30-6:30. Bill has indicated that he will discuss flooding in Kingwood, along with other issues important to our community. This is the Eventbrite link if you are interested in more information – https://www.eventbrite.com/e/bill-king-for-houston-mayor-campaign-launch-los-cucos-tickets-55079090041.
Why You Should Come
Kingwood residents need to participate in City elections this year to ensure that candidates who know about the issues facing our community, especially flooding, are elected. Therefore, I will post information on all events held by candidates for mayor or council that plan events in Kingwood.
Demonstrated Commitment to Solving Flood Issues
This is the first of those posts. I must say that Bill King’s desire to understand flooding issues throughout the City, not only in Kingwood, has impressed me. Long before, he decided to run for Mayor again, King contacted me several times to discuss flooding problems in Kingwood. We also discussed how solutions here might impact downstream communities. King even spent an entire day with me last summer slogging through sand dunes in East End Park and on Marina Drive in Forest Cove to see the problems first hand.
Townhomes destroyed by Harvey on Marina Drive in Forest Cove.
He has seen firsthand what 240,000 cubic feet of water per second can do.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/10/RJR_5269-e1541018437181.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-02-08 20:30:012019-02-08 20:30:04Bill King to Discuss Kingwood Flooding Issues, High-Rise Development and More at Townhall this Sunday
According to Stephen Costello, Chief Resiliency Officer for The City of Houston, the City contracted with a company called Tetra Tech to take core samples earlier this week from and around the mouth bar on the West Fork of the San Jacinto.
Why Core Samples?
The mouth bar is a giant sand bar at the mouth of the river where it meets the lake. The size of it has concerned residents throughout the Lake Houston Area since Harvey. It has the potential to back water up on both sides of the river and worsen flooding.
Some background. The Army Corps initially excluded the mouth bar from its current dredging program on the west fork. Their reason: a small part of the bar existed before Harvey. FEMA, which is funding the dredging, by law cannot spend money on remediation for things that existed before the disaster in question.
It took months for the City, FEMA and the Army Corps to agree on a way to estimate the volume of sand deposited by Harvey. The answer says Costello: something called the Stockton protocol that he says was developed after Superstorm Sandy at Stockton University in New Jersey.
Analysis Due by End of February
The core samples will be key to estimating pre- and post-Harvey volumes. Costello says engineers will look at density and color of sand grains to help estimate where sediment from one storm stops and another starts.
Costello hopes engineers will complete their analysis by the end of February. In the meantime two other efforts are proceeding simultaneously.
Search for Suitable Disposal Site Continues
The Corps will evaluate one property for suitability as above-ground storage. Separately, others are also out looking at sub-surface storage sites (i.e., old sand pits). Several have been located. The cost and safety of above ground and below ground storage will be weighed against the possibility of hauling material off by truck. Distance between the dredge and disposal sites also affects pumping costs.
All this will take time, especially if a full-blown environmental study is necessary for the above-ground option. Costello says the Corps has told him that could take four months to two years.
Evaluating Plan B
Because of delays, Costello is starting to worry that delays may cost taxpayers the opportunity to save $18 million. That’s the cost to remobilize a second dredging project if the current dredging project cannot be extended.
Accordingly, Costello is pursuing two options. The first involves praying (that’s a joke). The second involves working back through the Texas Division of Emergency Management to get FEMA to declare the mouth bar part of the original emergency mission. The Corps seems to move much faster when orders come from FEMA, several sources tell me. Maybe we should start praying too. (That’s not a joke.)
Money, according to Costello, should not be a problem. FEMA has approved the use of debris cleanup money from Harvey for dredging. He believes enough money remains in that fund to cover the City’s cost share.
Where Current Dredging Project Stands
The Corps estimates that the current dredging project is 45% complete. They hope to complete dredging by the end of April.
City contractors are still removing downed trees from Lake Houston as a result of Hurricane Harvey’s destruction. The Callan Dredge is currently working the area near Kings Harbor at the West Lake Houston Parkway Bridge. The immensity of the equipment underscores the need to keep crews working at the end of the current project on the mouth bar. Remobilizing all this equipment could cost $18 million or more if delays create a need to remobilize.
Posted by Bob Rehak on February 7, 2018
527 Days since Hurricane Harvey
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A search for deed restrictions on property proposed for high-rise development turned up some huge surprises today. I had previously posted about height restrictions within Friendswood Commercial Development Guidelines. It turns out that the Friendswood Commercial Development Guidelines do not apply in this case – because the property was restricted to single-family residential. Specifically, I’m talking about the section of land circled below. It’s just south of the Barrington subdivision in Kingwood.
This post deals only with the section in red where most of the high rises will go, but deed restrictions also exist on other related parcels of land in the proposed development.
Relevant Property History Starts in 1994
Some concerned residents and I conducted a title search with the help of the County Clerk’s website and a friendly title company. The land in the circle has changed hands twice since 1994. Friendswood Development company sold it to Holley-Strother Kingwood Lake Estates, Ltd. on December 30, 1994. Holley and Strother sold it to the current owners in 2012. The land has actually been sold more than twice, but only among companies controlled by the same individuals. It’s also been the subject of an eight year law suit related to flood plain issues. More on those items in subsequent posts.
Key Elements of Deed Restrictions
Deed restrictions in the first sale specify four key elements:
Single-family residential
Compatible architecture in harmony with structures on adjoining land.
No alteration of drainage for surrounding areas
Applies to all subsequent buyers for a period of at least 40 years (until 2036)
That hardly looks like single-family residential housing. I talked to experts in city planning, real estate and sales. They all agreed that “single family residential” usually means “one family in one structure on one lot.”
Drainage Deed Restrictions, Too.
Hindering or obstructing existing drainage channels or ditches, which serve adjoining property owners – without the written consent of the owners – is also prohibited. (See Paragraph 8.)
The Corps’ public notice also states that the developer plans to put “285 cubic yards of fill into 771 linear feet of streams adjacent to the West Fork of the San Jacinto.” That would seem to be another deed restriction violation.
I’m not sure about you, but I moved to Kingwood, a master-planned community, because deed restrictions ensured these kinds of things did not happen.
To my knowledge, the developers have not even attempted to gain permission to disrupt drainage from other villages, such as Kingwood Lakes, Deer Cove, Trailwood and Barrington.
Deed Restrictions Binding on Successors
Another key clause in the deed restrictions reads:
Deed restrictions normally “run” with the land. Said another way, when the first buyer sells the land to a second buyer, the second buyer must abide by the same restrictions that the first buyer had, and so forth in perpetuity. Subsequent buyers may add restrictions, but notremove them without the consent of the ORIGINAL grantor. The original grantor in this case was Friendswood Development Company.
We could find no recorded documents on the County Clerk’s web site or in a title search that removed deed restrictions on this property. A former Friendswood executive told me, “If there is not a recorded document removing the restrictions, then they have not been removed.” So…
The Burden of Proof is on the Developers
I am requesting the developers to show the legally recorded document that removes the deed restrictions. However, so far they have not responded to my certified mail or phone calls requesting a public meeting.
The Corps informed me yesterday that the developer has designated Leah Manlove Howard of Manlove Advertising and PR as their new point of contact. Her contact information is:
Romerica Investments, LLC One Performance Drive Angleton, TX 77515 Telephone: 281-487-6767 POC: Ms. Leah Manlove Howard
This raises so many questions that I hope the Corps extends the public comment period yet again. The community needs to understand who we are dealing with.
As always, these are my opinions on matters of public interest. 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 6, 2019
526 Days since Hurricane Harvey
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Sand miners plan to gather in Austin on February 4th and 5th to meet with legislators for their annual TACA Days. TACA stands for the Texas Aggregate and Concrete Association. It represents sand miners. They hope to beat back regulation of the industry that could help protect areas like Lake Houston from excessive sedimentation.
They describe the event as a series of meetings with state legislators and their staffs, which will be followed by recognition in both the House and Senate Chambers.
The flood during Hurricane Harvey breached sand mine dikes and roads up and down the West Fork. All of the mines with the exception of one are located inside the floodway – a dangerous business practice that contributes to sedimentation. However, none of the bills introduced in the Texas House so far address this issue.
TACA Plan of Attack
The invitation says that for the meetings, the group will split up into teams. Each team will have a captain who speaks for the group. Captains know the drill from previous attempts to beat back legislation. TACA has spent millions of dollars lobbying the legislature and key state officials. This is part of that effort.
The invitation closes with a plea. “The higher the participation, the greater the impact we will make with our legislators. This legislative session will involve critical issues to our industry and we need your representation.”
Guess they’re expecting a fight. In year’s past, I have been told, they’ve even brought in some of their big equipment to parade up and down streets leading to the Capitol Building.
Sadly, Not Much Legislation to Get Excited About
Four bills have been filed re: sand mining so far.
The most exciting from a Lake Houston Area resident’s perspective is HB509. State Representative Terry Wilson filed it. It:
Requires a hydrology assessment of the operation’s impact on surrounding surface and groundwater – including water availability.
Creates criminal penalties for non-compliance.Enables regulators to consider the cumulative impact of multiple APOs in an area when evaluating new applications.
Requires the operation to prevent material damage to the hydrologic balance outside the permit area.
Requires public notice of permit applications
Provides for public comment on permit applications
Makes permit approval contingent on past performance
Requires permitting agencies to publish the public comments
Allows the agencies to deny permits based on public comments
Grandfathers operations with existing permits
HB 907 filed by State Representative Dan Huberty doubles the penalties if sand mines don’t register with the TCEQ. However, most of the problems with sand mining have to do with companies that ARE registered. They are mining in the floodway which contributes to sedimentation during floods. So double the penalties on unregistered mines will create only the APPEARANCE of getting tough on mines.
HB 908, also filed by Representative Huberty, increases penalties for other violations, but calls for inspections once every two years. A lot can happen during that time. I suggested using Landsat photos to supplement monitoring of operations. Landsat flies over Montgomery County sixteen times a day and could spot breeches of dikes in near real time. Seems like it would be more effective, more efficient, and cheaper. But no mention of Landsat appears in the bill.
HB 909 calls for the TCEQ to develop and publish a set of best practices for sand mining. However, it attaches no penalties for violation of them.
I’ve talked to representative Huberty about these issues. He believes regulation should happen in small steps. I believe it should happen before the next big storm.
With the exception of HB506, TACA may have won this fight before it started. The sand miners should have a lot to be thankful for tomorrow in Austin.
As always, these are 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 2/3/2019
523 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/08/Subject-Mine-During-Harvey.jpg?fit=1103%2C886&ssl=18861103adminadmin2019-02-03 18:23:192019-02-03 18:23:22Sand Miners Plan TACA Days in Austin for February 4th, 5th
