March 16, 2017
Mr. Steven Walls, USACE Galveston Texas
I am requesting that Permit SWG-2009-0083 to Close Rollover Pass not be extended for some of the following reasons.
By Ted Vega, President
Gilchrist Community Association

The Gilchrist community was devastated by Hurricane IKE over 400 homes in 2008. During this traumatic period the GLO persuaded the Texas legislature to pass SB2043 giving the GLO the authority to close a man made pass. A USACE permit application was initiated and before the community could get the funds together to contest that SWG-2009-0083 was issued.

No work has been initiated on this permit in the 4.5 years since it was issued.

We request SWG=2009-0083 be reopened so that a through and transparent permit application can be held which would include, comment period, species biological opinion, update the threatened, and endangered biological opinions.

There may have been significant issues that the USACE was not aware of in the Environmental report original salinity models after the original comment period had elapsed. These oversights by the original engineering firm gave fraudulent results to the modeling. The original results showed no change to the salinities in East Bay with Rollover closed. The modeling done by the Gilchrist Community Association with accurate fresh water inflows to the system predicts significant changes to the salinity of East Bay if Rollover is closed. This in and of itself should require that the permit be reopened

The American Eel: This species of eel spawn in the Sargasso Sea and migrates thru Rollover Pass then northward to creeks and streams, then emerge thru Rollover Pass on their way back to the Sargasso Sea to breed. Eel samples have been taken over the last two years. DNA analysis confirmed that they are the American Eel. Closing Rollover Pass will effect a important migratory path for this species of eel.

Dr. Thomas F. King (past Senior Archaeologist and Director of the Office of Program Review Review . Advisory Council on Historical Preservation and the writing of Bulletin #38 Documenting Traditional Cultural Properties (TCP), reviewed the documents I had obtained either thru the Corp or thru FOIA requests stated that the Corp failed to exercise due diligence in its compliance with Section 106 of the National Historic Preservation Act. The guidelines for evaluating National Register bulletin #38 states that we should have been allowed a consulting status on the NHPA Section 106 review. Dr. King did not think that a reasonable and good faith effort was made by the Texas Historical Commission (THC). The opportunity for this review or consulting status was never given or allowed.

Rollover Pass

The Texas General Land Office did not and still does not own the property, the land owner does not wish to sell the land. Because the GLO does not have the authority to obtain the land via any condemnation or eminent domain, they are requesting Galveston County via some sort of “co-operating agreement” to attempt and obtain this property for the GLO on their behalf. This Condemnation Process is being contested in Galveston County Court #2 Judge Barbara Roberts. To take Rollover Pass with eminent domain the County has to declare a purpose, they can take it for a specific use which is a “park” The Galveston County does not have the money to install a park in a area that a park is not needed or wanted, so the GLO and County obtained a non housing Community Development Block Grant and stretched all the reasons for justification so the grant would issued. The grant does not state that this park would be placed on land taken thru condemnation. Here is another example of the extreme measures the GLO has undertaken to get this land. This is a misuse of federal HUD funds that could be better used.

The THC has not done their job, other that provide information when requested. I have had discussion with Linda Henderson on several occasions about this marker. In 2013 I was informed that Historical Marker #7166 replacement was funded by FEMA and it would be soon replaced. As time passed it did not get replaced, so I re inquired and then was told that it would be replaced after the status of rollover pass was decided, and that a state or county agency may be holding the replacement up. I have sent the THC a new status request and also a email to our Galveston County Commissioner Darrel Apffel requesting he also checks on the status.

No studies have been done prior or since SWG-2009-0083 to determine the flooding impact on the many property owners along the south border of east Galveston bay in the event there is a high tide in the gulf and a northerly wind and Rollover Pass being closed. Remember Rollover Pass was known as a tidal wash area that flowed during certain condition. I have asked Galveston County this question,they have no idea and do not have a flood control district. The bay will flood over somewhere near Rollover Pass. More studies are needed to insure peoples safety and property are protected.

On behalf of the Gilchrist Community Association, the interested persons on Bolivar Peninsula, the tens of thousands of visitors to Rollover Pass, and for the many issues I mentioned in this email, I humbly request that the USACE do not extend SWG-2009-0083 and have the GLO re permit their request to close Rollover Pass. I would like your group to review my request and send me a letter with your determination.

Sincerely,
Ted Vega
President Gilchrist Community Association