Mayor Turner Appoints Aho as new Chief Resilience Officer for City of Houston

The Houston Chronicle reported at noon today that Mayor Sylvester Turner appointed a new Chief Resilience Officer, a job formerly held by Stephen Costello. The story makes only a brief reference to Costello in the last paragraph. It says, “Stephen Costello, Houston’s former chief resilience officer, began overseeing the city’s Harvey recovery efforts in November 2018. He took over as “recovery czar” from Marvin Odum, the former president of Shell.”

Definition of Resilience Broadened to Include Economic Equity

The press release issued by City Hall mentions nothing of Costello and mentions flooding only once. It appears to broaden the scope of resilience and places major emphasis on “social and economic equity” in resilience planning.

Marissa Aho, City of Houston’s new Chief Resilience Officer. Photo Courtesy of Mayor’s office.

It says, “Mayor Sylvester Turner has appointed Marissa Aho, AICP, as chief resilience officer for the City of Houston… The position will play an essential role in leading city-wide resilience-building efforts to help Houston prepare for, withstand, and bounce back from the ‘’shocks’’ – catastrophic events like hurricanes, floods, and cyberattacks – and “stresses” – slow-moving disasters like aging infrastructure, homelessness, and economic inequality, which are increasingly part of 21st century life.”

As chief resilience officer, Aho will report directly to Mayor Turner. She will oversee the development and implementation of a comprehensive Resilience Strategy for the city. Aho comes to Houston from the City of Los Angeles. There she served as Chief Resilience Officer (CRO) for the past four years. 

“The CRO,” says the press release, “…will address the resilience vulnerabilities of all city residents, with a particular focus on low-income and vulnerable populations.”

Bringing LA Experience to Houston

“While serving as CRO in Los Angeles, Aho paved the way for Los Angeles to embed resilience as a value that guides municipal planning, culminating in the appointment of more than 30 departmental chief resilience officers (DCROs) who form an in-city network in each branch of city government. 

“Other innovative initiatives in Resilient Los Angeles,” says the press release, “include developing an urban heat vulnerability index and mitigation plan, placing an equity lens over the city’s response to increasing extreme heat.” 

According to the City, Houston remains vulnerable to less-familiar shocks and stresses, such as environmental degradation and access to economic opportunity.

It’s not clear from either the news release or the Chronicle story what role Costello will play vis-a-vis Aho, if any.

About New Houston CRO Marissa Aho, AICP 

Prior to serving as the Los Angeles CRO, she held senior staff positions at two Los Angeles planning and land use consulting firms. Aho has 15 years of policy, planning, and project management experience in the public, private, and nonprofit sectors where she has worked with interdisciplinary teams to find creative solutions to complex problems. She has a BA in political science from American University and a master of planning from the University of Southern California Price School of Public Policy. She is the Region VI commissioner for the American Institute of Certified Planners (AICP), section director of the Los Angeles Section of the American Planning Association (APA LA), and is a member of the USC Price Alumni Association board of directors. 

Posted by Bob Rehak on February 26, 2019

546 Days after Hurricane Harvey

High-Rise Developer May Violate Tanglewood Deed Restrictions, Too

Fabio M. Covarrubias Piffer is one of the two men applying for a permit to develop high rises near the floodway of the San Jacinto West Fork. A title search revealed that Friendswood deed restrictions seemingly limit development to “single-family residential. Mr. Covarrubias-Piffer has refused to meet publicly with the Kingwood community to explain how he plans to get around the deed restrictions.

Business Headquartered in Deed-Restricted Residential Property

Meanwhile, a search of the Texas Secretary of State’s business registration database reveals that Mr. Covarrubias-Piffer lists 5651 Doliver Drive in Tanglewood as the headquarters of one of his companies, Cova Capital Inc.

Secretary of State shows that Cova Capital Inc. is headquartered at 5651 Doliver Drive in Tanglewood.

However, Tanglewood deed restrictions prohibit the operation of businesses in homes, too. Page 21 of the policy manual clearly states that:

  • “Tanglewood properties may only be used for single-family residential purposes.”
  • “Business or commercial use of any Tanglewood property is prohibited.”

There is nothing inherently wrong with a business owning residential property.

The issue in this case is that one of Mr. Covarrubias Piffer’s 30+ companies headquarters in the house; deed restrictions prohibit that.

Legal filings in an investor-fraud case against Mr. Covarrubias Piffer in Houston establish the Doliver Drive property as his Houston address. However, depositions also reveal that he and his partner claim they visit Houston only one day per week on business. (See MARIA DEL CARMEN BORBOLLA AND MARIA DEL CARMEN GOMEZ, CAUSE NO. 2018 – 07276, 157th Judicial Court, Harris County, Tx.)

Expensive Office

Harris County Appraisal District records show that the property actually belongs to another company controlled by Mr. Covarrubias Piffer, FAMA Properties LTD Ptnrshp.

One of Covarrubias’ companies owns a home being used by another of his companies as an office. The $3.2 million Tanglewood home is deed restricted to residential use only.

The Kingwood Connection

Regular readers of this blog may recognize FAMA Properties LTD Partnership as the Alberta, Canada partnership that bought the proposed Kingwood high-rise land in 2012. FAMA bought it from HS Tejas LTD, a Texas Limited Partnership, settled the transaction in Walton County, Florida and Chicago Title recorded it.

Five years later, Fabio Covarrubias Piffer, acting as the sole general partner of FAMA Properties Limited Partnership, sold the same property to Romerica Landco, LP, a Delaware Limited Liability Company, in 2017. Mr. Covarrubias Piffer also controls Romerica Landco, LP.

Mr. Covarrubias Piffer then sold the same land yet again to two other companies he controls, Romerica RMR 4 LLC and Romerica M 5 LLC. Both are Texas Limited Liability Companies.

Yet another company controlled by Mr. Covarrubias Piffer, Romerica Investments, applied for the Army Corps permit to develop the Kingwood property.

Seems like there’s a lot of business going on in that residence!

Posted by Bob Rehak on 2/15/2019

545 Days since Hurricane Harvey

Now or Never: Friday is Last Day to Protest High-Rise Development in Floodplain Near River Grove Park

Only five more days remain to protest the proposed high-rise development near River Grove Park. The deadline for public comments? Friday, March 1.

About the High-Rise Development

Two developers from Mexico have bought up land east of Woodland Hills between Kingwood Lakes and the San Jacinto River. They hope to build 5000 condos, a retail mail, parking for 8,800 vehicles (some below ground), commercial high-rises, residential high-rises, a 50-story hotel, and a marina for 640 boats and 200 jet-skis.

Altogether, they plan to build more than 3 million square feet of residential, commercial and retail space around the Barrington. To put that in perspective, it’s roughly three times the size of Deerbrook Mall … at the end of a dead end street … four miles from the nearest highway. On the edge of the floodway. In an old meander of the San Jacinto. Without any consideration for the traffic it would add to Kingwood Drive. Or dedicating any land for additional school facilities.

What Corps and TCEQ are Considering

The Army Corps of Engineers and TCEQ are currently reviewing the developer’s proposal. The Corps is evaluating the impact of adding up to 12 feet of fill to wetlands and streams in the area against the need for the project. They also review more than a dozen other “public interest” factors, such as safety, environmental impact, navigation on the San Jacinto, sedimentation, and potential to worsen flooding. The TCEQ is evaluating water-quality issues only.

For More Information

To read more about the controversy swirling around this project, review the “High-Rises” Page of this web site. On it, you will find links to the Army Corps’ Public Notice describing the project as well as sample letters that other groups and individuals have already written. You will also find a series of posts that I have written to give you more background about the proposal and the people behind it.

The developers refused multiple requests for a public meeting to answer questions about the project, such as how they intended to get around “single family residential” deed restrictions and height requirements in Kingwood’s commercial development guidelines.

Instead, to communicate their vision, they are relying on a series of promotional websites with information that often conflicts with the Public Notice and ignore the public’s concerns. (See VTRUSA.com, RomericaGroup.com, AmericanVisionEB5.com, Torrisi-Procopio.com, YouTube, and TheHeronsKingwood.com).

If you have concerns about this development, please register them NOW with the TCEQ and Army Corps.

It May Be Now or Never!

Dave Martin, Houston City Council Member for District E, has stated that the City has no power to stop this development. In fact, the City has already issued a permit to begin excavation of the marina. So the Army Corps may be your best hope to stop this project.

Please send this post to all your friends, neighbors, relatives, kids, etc. Have them write letters, too. If you have already submitted a letter and have thought of new concerns, you may submit an additional letter.

Email Preferred to Snail Mail

Make sure you include the project number in the subject line of your email. It’s the same for either group: SWG-2016-00384.

Army Corps

swg_public_notice@usace.army.mil

TCEQ

401certs@tceq.texas.gov

As always, the thoughts in these posts represent 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 February 25, 2019

545 Days since Hurricane Harvey

Local Geologists Develop Way to Estimate Volume of Sediment in Mouth Bar Due to Harvey

Two top geologists, now retired from one of the world’s leading oil companies, have developed a reliable and repeatable way to estimate the volume of sediment deposited in the West Fork mouth bar by Hurricane Harvey. They calculate that Harvey deposited at least 268,000 cubic yards of sediment in that area alone.

Stream mouth bar where the West Fork of the San Jacinto meets Lake Houston creates a sediment dam. It backs water up throughout the entire Hunble/Kingwood area during floods. Water must flow uphill approximately 40 feet to get over this hump.

No Pre-Harvey Measurements Hampered Dredging Program Approval

According to the Army Corps of Engineers and Stephen Costello, the City of Houston’s Chief Resiliency Officer, the lack of a reliable way to estimate the volume due to Harvey was a major stumbling block in funding the dredging effort. The City, FEMA and the Corps have reportedly been arguing about this for at least nine months. The issue has to do with the Stafford Act, FEMA’s enabling legislation. The Stafford Act prohibits FEMA from spending disaster relief funds on cleanup not related to the disaster in question.

Because the City of Houston had no reliable sedimentation survey taken immediately before Harvey, calculating the volume due to Harvey became problematic.

How a Mouth Bar Forms

A mouth bar forms at the mouth of a river where it meets still water (in our case, Lake Houston). As moving water encounters the still water, coarser sediment like sand is deposited. It begins building up and up until sand bars emerge above the surface.

The Insight that Led to a Reliable Way to Estimate Volume

Mainly sand comprises the mouth bar; sand moves only during major floods. The sand above water can only be deposited when floodwater is much higher than the top of the bar. That insight became the key to unlocking the mystery of how much sand Harvey deposited.

Everyone could see from satellite images how much the above-water portion of the bar had grown. But there was no way to tell how much the bar grew below water. Then in October of 2018, Costello presented a “difference map” that showed the sediment buildup between 2011 and 2018.

RD Kissling and Tim Garfield reasoned that if they could calculate the percentage of above-water growth during Harvey from satellite images, they could then apply that same percentage to the total volume of sand deposited below water between 2011 and 2018.

Calculation for visible “above water” growth of the mouth bar during Harvey.

But to determine the total volume added between 2011 and 2018, they first had to:

  • Digitize the difference map
  • Create polygons around the different colors
  • Calculate the area of the polygons
  • Multiply area times thickness for each
  • Add up the results.
Digitized difference map shows boundaries between areas of different thickness.
Multiplying the area of the polygons times the thickness from the difference map yielded volumes for each area.

Tetra Tech Delays May Push Project Past Deadline

According to Costello, the City hired a company called Tetra Tech in early January to calculate the Harvey volume. He said they would do that by harvesting and analyzing core samples. The City expected the results of their study by the end of January. But when I talked to Costello in mid-February, he said Tetra Tech still had not finished harvesting core samples and that he wasn’t expecting results of their analysis until the end of February or early March.

Pro Bono Effort Might Save Taxpayers $18 Million

Kissling and Garfield developed their methodology and donated their time to help save money and to get the mouth bar removed before the start of the next hurricane season. If the current dredging program can be extended before the end of April, taxpayers could save the cost of recommissioning all the equipment. That could total $18 million.

The two geologists reasoned that their methodology would give all parties a basis for allowing the dredging to continue. Then, if Tetra Tech came back later with a different figure, the contract could be adjusted up or down.

Kissling and Garfield emphasize that their methods are conservative, reliable and repeatable. For peer review and public comment, this presentation shows how they arrived at their estimates in a step by step fashion.

I am presenting it here to start a dialog that leads to additional dredging without incurring the cost of remobilizing the massive amount of equipment now on the river.

Estimate is Only a Fraction of What Needs to Be Removed

Kissling and Garfield emphasize that this is just a start. Even if all 268,000 cubic yards were removed, the river would still be up to 20 feet shallower than at the time of impoundment. They hope this leads to a broader discussion of additional dredging which could be financed through other sources, such as the county flood bond and Proposition A. Finally, they point out the need for maintenance dredging after major floods to keep the sediment buildup at sub-critical levels.

Said Garfield, “We are confident this estimate of Harvey-specific sedimentation on the mouth bar is reasonable and should be used to support FEMA funded continuation of dredging. However, removing that volume alone still won’t solve the problem, because the mouth bar is much bigger than that and it remains the largest restriction of flow conveyance to the lake.”

Garfield continued:

“At a minimum, to restore flow and reduce flood risk, a 300-400’ wide channel 20’-25’ deep needs to be dredged to connect the river from the upstream dredging now nearing completion, through the mouth bar, to the FM1960 bridge. That is at least 5 or 6 times as much sediment as our estimate of what FEMA can fund, but without that the recent dredging alone has not solved the flood risk problem in our area.”

Posted by Bob Rehak on February 24, 2019 with help from R.D. Kissling and Tim Garfield

544 Days after Hurricane Harvey

City to Lower Lake Houston for Dam Repairs

Houston City Council Member Dave Martin issued an alert on Feb. 22, 2019, stating that the Coastal Water Authority will soon lower the level of Lake Houston for dam repairs. The City is warning all property and boat owners to take appropriate action.

Lake Houston has an extensive overflow spillway system.

First Step in 18 Month Process

The Coastal Water Authority plans to lower Lake Houston by 12 inches starting Monday, February 25, for scheduled maintenance on the dam. This is the first step in an 18-month project to improve the dam’s stability.

The Lake Houston Dam during Hurricane Harvey Flooding. According to Harris County Flood Control’s final report on Harvey, An estimated discharge of 425,000 cfs or 5.0 times the average flow of Niagara Falls occurred at the peak flow over the Lake Houston spillway. This amount of flow would fill NRG Stadium in 3.5 minutes.

Scope of Dam Repairs

Property owners should secure property along the shoreline before the lowering begins.  The planned maintenance includes rehabilitation of two weir structures on the downstream portion of the dam. 

This preliminary work includes performing inspections and measurements which is the purpose for lowering the level of the lake on Monday. Once preliminary work is completed, the lake will be allowed to refill naturally. The lower lake level is expected to last approximately one week.

Posted by Bob Rehak on 2/23/2019

543 Days since Hurricane Harvey

Sometimes the Difference Between Winning and Losing is Showing Up

As we approach the 18 month anniversary of Harvey next week, I am struck by how little we have actually accomplished in terms of flood mitigation. And as the election season heats up, I am also forced to wonder whether changes at City Hall could accelerate the effort.

Looking Back at the Effort to Date

After Harvey, it took several months to analyze the causes of flooding, identify possible solutions, and build political consensus around them. We did that. As a community, we identified four major improvements that we needed: additional flood gates for Lake Houston, additional dredging (through the mouth bar), additional upstream detention, and ditch repairs.

We met with the Mayor who agreed and promised to deliver. We met met with the County Judge and the Flood Control District. They worked the community’s requests into the flood bond last August. Kingwood voters turned out in record numbers to support it. And we had five of the top eight precincts in the county in terms of turnout percentage.

…And Then Nothing

We actually got Phase 1 of the dredging started. And then…nothing. We’ve had six months of virtually nothing. That leads me to wonder whether people were simply telling us what we wanted to hear. Worse, some of the hard won gains seem to be drifting away. For instance…

Change in Direction at County Level

Instead of attacking projects on a worst-first basis, the new county judge has asked the flood control district to reorder priorities for project implementation. Next week, the judge and commissioners will review a protocol that favors neighborhoods with low to moderate income and gives no weight whatsoever to massive infrastructure damage, such as Kingwood sustained. The loss of:

  • An interstate highway bridge for ten months.
  • A high school and three other school district facilities totaling $100,000,000
  • Two-thirds of the buildings at Kingwood College costing $60 million and taking 18 months to repair.
  • 100% of the businesses in two major commercial centers (Kings Harbor and Town Center)
  • Most of a third commercial district (US 59) destroyed up to FM1960
  • Damage to 3,300 businesses that employed a large percentage of the local population – 44% of all the business in the Lake Houston Area Chamber of Commerce
  • Memorial Hermann’s new hospital facility that was days away from opening
  • Disruption of northbound rail traffic out of the City of Houston for months
  • Nursing homes and senior assisted living devastated

…all that suddenly counts for nothing now…unless the prevailing political winds change.

Flooding is a public safety issue. We wouldn’t allow the county to say, “affluent neighborhoods don’t deserve police protection for the next 10-15 years.” When it comes to safety, neither rich, nor poor, should be disadvantaged. But that’s our next battle. I digress.

Meanwhile, Back at City Hall

Back to the City. Six months ago, after the “Everybody-but-Trump” meeting in Austin, we were told that we were close to a dredging solution to remove the mouth bar.

What have we gotten? Approval of a $2+ million study of the entire river basin that will take at least a year to complete. Astoundingly, approving the grant took almost a year in itself.

At what point do you say, “The system is no longer working for me. It’s time for officials to deliver. We need to hold them accountable”? When do you say, “It’s time to bet on someone new to get results”?

It’s Time to Deliver or Else

We may not be there yet. But inevitably, election season raises these questions. One thing is certain. If incumbents don’t show results between now and November, I’m voting for change. I’m not going to cut people slack for four more years. The risk is too high.

Kingwood Has the Power to Change the Outcome

In that regard, someone reminded me today about how close the last mayoral campaign actually was. And how Kingwood could have easily changed the outcome.

Only 4,000 votes City-wide determined the winner of the last election. 28,000 registered Kingwood voters did not vote.

Turner beat King by about 4000 votes city wide in the runoff election of 2015. But 28,747 registered voters in Kingwood didn’t bother to vote – about three fourths of all those registered. That’s significant because King carried Kingwood by more than a 6 to 1 margin. Clearly, Kingwood could have swung the election to King had more people voted.

I’m not saying Turner has ignored Kingwood. The cleanup was impressive. But we’ve had several opportunities to jumpstart mitigation projects such as additional gates and dredging that have sputtered since then. And the City is trying to turn over ditch maintenance to the County, whose marching orders suddenly favor low-to-moderate income.

Turner has several months to turn things around. If he can’t, I suspect a much higher percentage of Kingwood voters will turn out in November. And we clearly have the capacity to change the outcome if we choose.

Posted by Bob Rehak on 2/23/2019

543 Days after Hurricane Harvey

New Army Corps Video Shows Dredging Equipment At Work

The U.S. Army Corps of Engineers has just released a video that shows dredging equipment at work. Shot from the river, it gives viewers a rare glimpse into a world few will ever see first hand.

Where All the Sand is Going

As equipment moves downriver, the Corps is piping sand back upstream to two placement areas. Sand from Dredge #1 currently operating near Kings Harbor is piping sand back to an old sand pit on Townsend south of the river and east of US59. The second dredge, currently operating south of the Kingwood Country Club is piping sand to another old pit on Sorters Road just south of Kingwood College.

Make Sure Your Kids and Grandkids See This

If you have a child or grandchild who likes to play with earth-moving equipment, make sure you show them this video. Then take them down to Kings Harbor to see it in person. It really is very impressive. Who knows? It might encourage them to take up a career in engineering!

Some Mind-Boggling Statistics

The equipment currently deployed on the West Fork of the San Jacinto is moving enough sand and sediment to fill the Astrodome. And it’s moving it six miles upstream! The Corps originally estimated the volume of sediment at 1.8 million cubic yards. The video now estimates the volume at 1.9 million cubic yards.

Sand moves through the pipeline at 11 feet/second. That means it takes about 45 minutes to get to its destination. That’s much faster than a truck could be loaded and make the round trip.

Here are some more mind-boggling statistics.

  • If they were using average commercial dump trucks to haul all this sand, it would take 135,000 to 190,000 loads to haul. The average commercial dump truck holds 10-14 cubic yards.
  • Each 40-foot section of pipe weighs 4,000 pounds. That’s as much as the average weight of a new vehicle was in 2010.
  • These sections of pipe are welded into strings of pipe about a quarter of a mile long and FLOATED into place.
  • Each section has a steel-collar to help keep it submerged once it’s in the river and filled with slurry.
  • The strings are then welded together to form continuous pipelines more than 30,000 feet long that lead back to the placement areas. Those 30,000 feet of pipeline weigh about 3 million pounds when empty.
  • There are two pipelines working simultaneously. Total weight: about 6 million pounds.All of this, including the dredges themselves, had to be trucked in and assembled on site.

Mouth Bar Status Still a Question

These statistics help explain why mobilization was such a huge part of the cost of this job – about 25% or $18 million. It also helps explain why everyone is so eager to resolve the mouth bar issue before this job is finished. If we could keep the equipment working, taxpayers could save the cost of a second mobilization.

Alas, still no news on that front. At last report, the City was still trying to determine how much sand was deposited DURING Harvey. FEMA refuses to pay to remove sand that was there BEFORE Harvey. They say that was deferred maintenance and the City’s responsibility.

I hope we resolve that quickly. $18 million might actually pay for all the sand that needs to be removed. Said another way, if that’s true, we might be able to get the sand removed at no additional cost! More to follow on that point.

Posted by Bob Rehak on 2/22/2019

542 Days after Hurricane Harvey

Army Corps Updates West Fork Dredging Progress

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

Bayou Land Conservancy Protests High-Rise Development in Kingwood

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

Stark Contrast Between High-Rise Website Disclaimer and Army Corps Permit Application Form

Two weeks ago, the high-rise Kingwood Marina developers designated John Manlove Marketing and Communications as their official point of contact re: all permit application matters. Then last week, Manlove launched a new website that made promises, which seemingly contradicted technical data in the permit application form.

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.

In addition, the developers claim they have the right to develop high rises, but have shown no waiver of the deed restrictions that seemingly limit development to single-family residential.

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