Kingwood photographer and kayaker Emily Murphy has done it again. With her eagle eye, she spotted yet another eagle’s nest. This one is east of the stream that divides the Kingwood Country Club from Romerica property.
This nest clearly has two eaglets in it. Here you can see them both.
Two eaglets in nest on Kingwood Country Club Property immediately adjacent to the property where Romerica wants to build its high-rise marina. Photo by Emily Murphy.
It usually takes 10-12 weeks for bald eagles to leave the nest. However, fledglings then often stay around learning from their parents and honing their flying and feeding skills for another 1-2 months. Their heads gradually turn white over a period of up to five years.
Eaglet tests its wings on the edge of the nest. Photograph courtesy of Emily Murphy.
Emily got out of her kayak to examine the area below the nest. She found droppings and bones, both clear signs of feeding in the nest.
Bone below eagle’s nest on golf course. If anyone recognizes what type of bone this is, please contact me through this web site.Photograph courtesy of Emily Murphy.
Romerica’s Wish Comes True
The Romerica developers said they hoped someone would find eagles near their property at their March 18 meeting at the Kingwood Community Center; they got their wish. Now we will see how sincere they were.
Eagles can live up to 30 years and often return to the same nest year after year. They even build multiple nests in the same area, like the one Emily photographed from the river a couple weeks ago ON the Romerica property.
Please note: this is even closer than the nest I photographed in January. Texas Parks and Wildlife defines bald eagle habitat protection zones spreading outward from the nest. They prohibit certain construction activities within defined distances. Almost the entire Romerica property would fall within some kind of protection zone around this nest.
Posted by Bob Rehak on 4/10/19
589 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/DSC06214.jpg?fit=1929%2C1579&ssl=115791929adminadmin2019-04-10 19:55:332019-04-10 19:56:15Emily Murphy Photographs Active Eagle Nest Next to Romerica Property
I previously discussed the deed restrictions on the southern portion of Romerica land, where they plan to build most of their high rises. The southern portion is deed restricted to single family residential. That usually means “one family in one house on one lot.”
The largest, northern portion of the land purchased by Romerica for its development between Kingwood Lakes and the Barrington has deed restrictions, too. The restrictions on Romerica’s northern parcels are not quite as limiting, but still conflict in some ways with the developer’s announced plans.
Discussion applies to Romerica parcels roughly outlined in red.
Retail Restrictions
The 29.094 acre parcel of property (green area) adjacent to Woodland Hills is limited to “…church, school, townhomes, triplexes, amenity retail, not to exceed a total of 8,000 square feet for community based retail services such as a restaurant, snack bar, cleaners, ice cream parlor, bar, coffee shop, bakery, gym or other retail…”
That parcel may also be used for offices, or low- to mid-rise, for-sale, multi-housing residential and patio homes.
Other parcels east of the first one are limited to offices or low- to mid-rise, for-sale, multi-housing, townhomes or triplexes, residential, patio homes and a conference center. Romerica has said it plans to put its 50-story hotel and conference center south of the Barrington, where land is restricted to single-family residential.
In Harmony with Surrounding Architecture
All design and architecture must be in harmony with the surrounding areas’.
So much for homes on stilts! Romerica had planned to build its condos on stilts to reduce the amount of fill needed to elevate homes out of the flood plain.
Specifically EXCLUDED: For-rent apartments, traditional single family homes, and duplexes.
Drainage Liability
The developer must also consider the impact that any improvements have on off-site and on-site drainage patterns. If the developer adversely impacts the drainage of adjoining property, the developer must correct the condition to the satisfaction of the adjoining land owner(s).
Surface drainage must go to underground storm drain structures. This could conflict with Romerica’s canal network.
Retail, Open Space, Parking and Height Restrictions
The deed restrictions also prohibit certain types of retail establishments. They include gas stations, night clubs, “adult” establishments, or funeral homes.
A minimum 20% open space requirement applies. All parking and buildings must sit back a minimum of 50 feet from property lines.
Deed restrictions limit building height to five stories. The roof line may not extend more than 65 feet above the slab.
No Boats or Trailers
Significantly, NO BOATS OR TRAILERS may be stored on the property. that could be a disappointment for people who buy condos as part of a marina resort.
The thoughts expressed in this post 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 4/6/2019
585 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/Northern-Property.jpg?fit=1500%2C1158&ssl=111581500adminadmin2019-04-05 18:37:422019-04-05 18:49:17Deed Restrictions on Northern Parcels of Romerica Land
The Galveston District, U.S. Army Corps of Engineers Regulatory Branch announced today public comments were forwarded to Romerica Investments, LLC, regarding permit application SWG-2016-00384 for a project in Kingwood, Texas.
Poster of Commercial District displayed by Romerica at Kingwood Public Meeting on 3/18/2019
Thirty Days from March 28
“We appreciate the time and effort of those concerned to meet the extended deadline,” said Elizabeth Shelton, a USACE Galveston District Regulatory project manager. “We have forwarded the public notice comments received to the applicant for response by letter dated 28 March 2019. The applicant has 30 days from the date of the letter to respond to the comments received.”
That means Romerica has until April 27 to respond to the hundreds of letters written by concerned residents and environmental groups. At this point, that means they have 24 days left to respond.
Discharge of Fill into Wetlands and Streams
Shelton said the Corps Regulatory Division’s role, in this permit application, is to evaluate, under Section 404 of the Clean Water Act, the proposed activity, the discharge of fill material into waters of the U.S., and the compliance of this proposed activity with other Federal laws, as applicable.
“The Division is evaluating the discharge of 68,323 cubic yards of fill material into 42.35 acres of wetlands and an estimated 285 cubic yards of fill material into 771 linear feet of streams adjacent to the West Fork of the San Jacinto River,” said Shelton.
The initial close of comment period was January 29. Corps Regulatory Division officials made the decision to allow for 30 additional days which extended the comment period to March 1.
Romerica will be giving a brief presentation at the Lake Houston Area Chamber of Commerce BizCom meeting, on Thursday, April 4th, , 11 a.m., at Kingwood Park High School. Ms. Leah Manlove Howard, CMC, Chief Strategy Officer, VP and Program Chair of the American Advertisers Federation – Houston; and Michelle Hundley, President & CEO, Stratus Consulting will deliver the Heron Project Update, according to the Chamber.
Posted by Bob Rehak on 4/3/2019
582 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/Herons.jpg?fit=1500%2C2000&ssl=120001500adminadmin2019-04-02 22:08:222019-04-02 22:09:10Next Countdown Clock Starts Ticking for Romerica’s High-Rise Development in Kingwood
South of Where Romerica wants to build high rises and a marina for 640 40-boats,, Hurricane Harvey deposited this giant island that virtually blocks the West Fork of the San Jacinto River. Dredgers nicknamed this area Sand Island. It was six feet tall and backed water up into River Grove Park six times in the last year. The island has since been removed by the Army Corps.
00adminadmin2019-03-29 08:28:022019-03-26 20:34:02Photo of the Day #285
Correction: Since posting this story two hours ago, I have spoken with an enforcement officer from US Fish & Wildlife Service. He investigated this particular nest and found no droppings or fish bones around the base of the tree. He said you would expect that if the nest was active. He also said the tree was dead, likely a victim of all the sand deposited by Hurricane Harvey along the river. Finally, he said that bald eagles often establish multiple nests in an area and sometimes switch between them. This nest may have been abandoned when the tree began to die after Harvey. The eagle in the photo may have been revisiting it because it was a good perch for fishing. So I have edited the story to remove all mentions of “apparently active.”
Emily Murphy took the shot below on 3/27/19 from her kayak on the West Fork. It clearly shows a bald eagle and a very large nest.
Bald Eagle and Nest on Romerica Property. Romerica hopes to build a series of high rises within 750 feet of this nest.
Ironically, I photographed what appears to be the same nest from the river on January 31, 2019 while on a ride-along with HPD Lake Patrol. My shot appears closer than Murphy’s because I took it with a 1000mm super-telephoto lens.
Photo taken by Bob Rehak on 1/31/19 from West Fork of San Jacinto with 1000mm lens. Note the similarity of the bark stripped from tree opposite the nest. GPS coordinates are embedded in the JPEG and virtually identical to Murphy’s.Location of nest pinpointed and circled below.
The Balcom family, which lives near the river at the western (left) edge of the satellite image above, photographed a pair of bald eagles on their property in December.
Pair of bald eagles outside Balcom residence on River Bend, one mile west of nest site. Photo by Melissa and Jim Balcom.
Boaters, Please Report Sightings
Boaters, please help. Let me know through the contact page on this web site if you see activity in this area. If you see a nest – active or not – do not approach it or disturb the birds in any way. It’s illegal. See below. And do not enter Romerica’s property. That’s trespassing.
Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald eagles. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. The Act provides criminal penalties for persons who “take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle … [or any golden eagle], alive or dead, or any part, nest, or egg thereof.”[2]
Purpose of Protection Act
The purpose of the Bald and Golden Eagle Protection act is to protect bald and golden eagles from disturbance, abuse, and interference with their lifestyle. That includes sheltering, breeding, feeding, and nesting.[3]
Posted by Bob Rehak on 3/28/2019
576 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/03/DSC06075-e1553783700221.jpeg?fit=1046%2C1573&ssl=115731046adminadmin2019-03-28 09:23:172019-03-28 11:26:34Emily Murphy Photographs Inactive Bald Eagle Nest on Romerica Property from River; Active Nests Likely in Vicinity
South of the River Grove Soccer Fields, Hurricane Harvey deposited several feet of sand. This is near the area where Romerica wants to build 25-50 story high rises and its marina for 640 40-foot boats.
00adminadmin2019-03-28 08:21:012019-03-26 20:27:20Photo of the Day #284
Last Monday, Gabriel Haddad, the Romerica developer who wants to put up 25-50 story high rises and 5,000 condos near the floodway of the West Fork, told a packed audience at the Kingwood Community Center that he would construct his buildings on stilts.
Of course, he also wants to put 150,000 cubic yards of fill in wetlands and streams which is why he’s applying for the Army Corps permit. But put that aside for the moment.
Catching Debris and Creating Backwater
Stilts may be the best answer when building near floodways. They can reduce the net impact on flooding compared to fill. However, they still have their drawbacks…as these pictures show. For instance, stilts, stairs and anything below a building will catch debris being washed downstream and back water up.
Debris washed downstream caught on stairs. Photo by Melissa Balcom.All the trees caught in the bridge supports for the old 59 bridge reportedly formed a “dam” during Harvey that backed water up into Humble businesses. Ask Humble Mayor Merle Aaron about his feelings on the subject. Debris caught under bridges during Harvey. Photos by David Seitzinger.Stilts didn’t help thousands of homes on the Bolivar Peninsula during Hurricane Ike. They have to be high enough to elevate the home above the flood. More than a 100 people died on Bolivar who failed to evacuate before Ike. They thought their elevated homes would keep them safe.
Evacuation Routes Flooded
The next three pictures show one of the planned evacuation routes, Hamblen Road. As you can see, connecting Woodland Hills to Hamblen might help with normal traffic, but it would not help at all during a flood.
Hamblen Road during the Tax Day Flood of 2016. Photo by Melissa Balcom. Note height of street lights.
Hamblen Road during the Memorial Day flood of 2016. “This is when we thought things were as bad as they would ever get!” said Melissa Balcom who lives between Hamblen and the West Fork of the San Jacinto.
Same area on Hamblen during Harvey. Compare street lights in the background. The brick wall on the left is completely submerged.
“The water is actually even deeper than it appears because those street lights are on a hill that lines the side of Hamblen,” said Melissa Balcom, who took these photos. “The water is so deep you can’t even see the white brick fence that lines Hamblen. It completely covers it! That’s one of the reasons why making Hamblen a cut through street is so ridiculous.”
Horror Movie in the Making
When I asked Mr. Haddad how he planned to evacuate 15,000 people by boat if there were ever another midnight release from the Conroe dam without warning, he said that people could shelter in place.
Imagine being in a high rise…in August, when the water comes up, the power goes out, the toilets overflow, the AC fails, the humidity hits 99%, and you can’t open the windows. That may be a Navy Seal’s idea of luxury living, but not mine. I’ll pass, thank you!
Posted by Bob Rehak on 3/24/2019
572 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/03/Hurricane-Ike-329-e1746218830424.jpg?fit=1100%2C737&ssl=17371100adminadmin2019-03-23 21:30:352019-03-23 21:31:46Stilts Not Always Answer, Evac Not Always Possible For High Rises Near Floodway
R. Thomas Sankey, PWS, CSE Senior Project Manager / Senior Ecologist, SWCA
Melvin G. Spinks, P.E., CFM, President, Civil Tech Engineering, Inc.
Gabriel Haddad, Developer, Romerica
New Strategy: PR Firm Goes Dark
Manlove Marketing and Communications, Romerica’s second official point of contact during the Army Corps public comment period, sent out invitations to people who signed up for their mailing list.
Neither did Manlove return telephone calls or emails to discuss the meeting format and whether they would take questions from the audience. Manlove also has not responded to inquiries from local videographer Jim Zura and the Lake Houston Area Grass Roots Flood Prevention Initiative about taping the meeting.
Disclaimer Debacle
Manlove originally tried to give themselves the most generous disclaimer in the history of words and websites when they printed this in small type at the bottom of TheHeronsKingwood.com: “DISCLAIMER: Users agree that John Manlove Marketing & Communications and parties involved have no responsibility for any deficiencies, inaccuracies, errors and/or omissions contained in this site or the data and/or information contained therein.”
I then pointed out that as the official point of contact for the permit, they would be held to a slightly higher standard of truth. 18 U.S.C. Section 1001 states 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.” That’s when the lights went out.
So Many Questions Remain
I’m suspect the panel will do its best to avoid the real questions surrounding this development Monday night. For instance:
Why did Manlove list the “Romerica Group” and then plain “Romerica” as the developer in their website when neither is registered with the Texas Secretary of State and “Romerica Investments” filed the permit application?
How will the Developer provide the mitigation (i.e., Detention ponds) for fill and impervious cover that is required to obtain the City of Houston and/or Harris County Development permits?
Kingwood Community Center, 6:30 PM
I’m guessing that they won’t allow real questions tomorrow night. They’ll probably make people submit questions in writing before hand and then cherry pick those they want to answer. I hope I’m wrong on that point, but we’ll know for sure when its over.
As always, these thoughts represent my opinions on matters of public interest. They are protected under the first amendment of the US Constitution and the Anti-SLAPP statute of the great State of Texas.
Posted by Bob Rehak on 3/17/19
365 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/Woodland-hills-map.png?fit=1061%2C1024&ssl=110241061adminadmin2019-03-17 23:26:332019-03-18 14:46:07Reminder: High-Rise Developers’ Meeting Monday Night at 6:30
Many residents concerned about the proposed new high-rise development in Kingwood both north and south of the Barrington have requested a meeting on the subject to voice their concerns. Monday night, starting at 6 p.m., they will get that chance at the Kingwood community center.
What the Meeting Will Cover
The meeting will begin with a brief overview of the proposed development and how it will affect the flood plain, floodway and wetlands.
After that, we’ll discuss where permitting stands for the development, and the kinds of things that the TCEQ and US Army Corps of Engineers will look at in the permitting process. They are seeking public comment. This represents your chance to learn about the types of things they look at and how they will make their decision.
Comments Pro or Con Invited From Public
Finally, we’ll open the floor to public comments so that people can share their feelings pro or con for this controversial proposal.
To help you prepare for the meeting and submission of comments to the Corps and TCEQ, I have added a new page to this site called High Rises. On that page, you will find links to conceptual sketches, details, and videos that the developer has prepared. You will also find links to posts about different aspects of the project. Finally, you will find sample protest letters prepared by experts, should you wish to prepare one of your own.
Meeting Details
The meeting is free and open to the public. Please come and bring your neighbors:
Kingwood Community Center 4102 Rustic Woods Dr. Kingwood, TX 77345 6-8 P.M.
Below is a map showing the extent of the high-rise development. It extends from Kingwood Lakes on the north to the San Jacinto River and would contain multiple buildings 25-50 stories tall.
The areas labelled Project Area are included in the developer’s permit application. The developer also owns the red area not labeled, i.e., the one west of KSA’s River Grove Park.
The developer plans to add 12 feet of fill to the flood plain, alter drainage, and fill wetlands. Because of surveys either not conducted by the developer or not supplied by the Corps for public evaluation, it’s not clear how this proposal would affect flooding in Kingwood and Forest Cove. Residents in subdivisions such as Trailwood, Kingwood Lakes, the Barrington, Deer Cove, Kings Forest, Kingwood Greens, and North Shore have expressed worries about backwater effects. A total of 650 homes flooded in those areas during Harvey, in part because of blockages in the river.
The developer’s application is based on old flood plain maps which are being revised as a result of Hurricane Harvey. They do not reflect the current conveyance of the river or an accurate extent of flood plains. The Corps has documented constrictions which the current dredging program will not address. During recent minor floods, gages documented a 10 foot difference upstream and downstream of major sediment dams. As a result the project area flooded three times between December 7 of last year and January 7th of this year. Normally, that area floods only once every other year. Still, the effect of persistent flooding on a high-end resort could be devastating. If the development fails, economic blows could ripple throughout the Lake Houston area.
A web site called VTRUSA.com shows the proposed Kingwood project and talks about it as if it exists already. Notice the redundant use of the word “is” in the copy describing the commercial project. Also notice that in one place, the site talks about the hotel, retail, offices and hotel spaces in the project all having 13,050 square feet. Immediately under that, the site claims the development has:
82,500 square meters of retail space (882,750 square feet)
179,780 square meters of offices (1,934,433 square feet)
20,400 square meters of hotel (219,300 square feet)
8,863 parking spaces (about one third of the number of spots at NRG Stadium, which has 26,000)
In total square footage, this is almost three times the size of Deebrook Mall (1.2 million square feet).
Please review the new High-Rise page and join us tomorrow at 6 p.m. Also, please share the high-rise link with any friends, neighbors or relatives who cannot attend. This is a vital issue of public policy that affects the entire future of Kingwood. We need to make sure we get this right. At least, that’s my opinion on a matter of public policy and it’s protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP statutes of the Great State of Texas.
Posted by Bob Rehak on 1/13/2019
502 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/Woodland-hills-map.png?fit=1061%2C1024&ssl=110241061adminadmin2019-01-13 21:04:242019-01-14 13:51:04Meeting 6 p.m. Monday at Community Center about High-Rise Development near River Grove
