Harris County To Reconsider Colony Ridge Impacts

On Tuesday, 1/9/24, Harris County Commissioners court will consider a motion by Precinct 3 Commissioner Tom Ramsey, P.E. to monitor the potential flooding, housing, and environmental impacts of Colony Ridge on Harris County. (See Item 282 on the Agenda.)

Ramsey submitted a similar item for the 10/10/23 session of Commissioners Court. The Court took no action at that time, but agreed to revisit the issue. Now is that time. And the political landscape has changed.

How Tuesday’s Discussion Will Differ from October’s

The discussion on Tuesday will probably differ radically from October’s.

First, Tuesday’s agenda item is broader; it includes housing and environmental impacts, not just flooding.

Second, in October, the discussion quickly devolved into an argument about the credibility of media allegations that triggered a special session of the State Legislature. Among other things, the media allegations concerned illegal immigration. At the time, County Judge Lina Hidalgo characterized them as “conspiracy theories.” Things went downhill from there.

Ultimately, the State Legislature decided not to do anything about Colony Ridge except build a DPS substation there to beef up law enforcement.

But since then, things have changed.

DOJ/CFPB Lawsuit Changes Political Landscape

The U.S. Department of Justice and the Consumer Financial Protection Bureau have filed a lawsuit against the developer for predatory lending practices targeted mainly at Hispanics.

The 45-page lawsuit alleges that the developer violated the:

  • Fair Housing Act
  • Consumer Financial Protection Act
  • Interstate Land Sales Full Disclosure Act
  • Equal Credit Opportunity Act

It also offers specific examples of alleged abuses, including:

  • Sky-high interest rates
  • Untrue statements in marketing materials
  • Omitting material facts
  • Failing to provide required accurate translations
  • Failing to report and disclose other required information
  • Marketing in Spanish but providing legal documents that buyers couldn’t understand in English
  • Foreclosing on properties multiple times

The inclusion of housing issues in Tuesday’s agenda may broaden the base of support for action re: Colony Ridge. Suddenly, we’re talking about people allegedly abusing Lina Hidalgo’s, Lesley Briones’ and Adrian Garcia’s core constituents. All three are Hispanic.

The lawsuit has already motivated LULAC (the League of United Latin American Citizens) to join the fight. The headline of this press release on their website says, “LULAC SUPPORTS FEDERAL ACTION IN MASSIVE REAL ESTATE FRAUD CASE THAT TARGETED LATINOS IN TEXAS.” As a result…

Commissioners may now see Colony Ridge as abusing immigrants, not helping them achieve the American Dream.

Plus, Colony Ridge is expanding into Harris County. That brings the issue much closer to home for Commissioners. We could soon be talking about how the Colony Ridge developer affects voters in Harris County, not voters in Liberty county.

Putting a Finer Point on Upstream Flooding Study

Even though Commissioner’s Court did not approve Ramsey’s Colony Ridge motion last October, the other commissioners didn’t totally ignore him. Commissioner Rodney Ellis also expressed concern about flooding issues originating outside Harris County.

On December 5, 2023, Commissioners Court approved a study of several watersheds including the East Fork San Jacinto River, which drains Colony Ridge. The purpose: to identify potential flood impacts due to unmitigated flows coming into Harris County from upstream counties and to evaluate the impacts of the increased flows on erosion and sedimentation issues.

If approved, Ramsey’s agenda item for next Tuesday, could put a much finer point on that. Instead of looking at flooding issues that originate in surrounding counties in general, it would specifically look at erosion issues originating in Colony Ridge. That could potentially lead to more legal action against Colony Ridge depending on what they find.

At a minimum, I hope it stimulates a discussion about two things:

In regard to the latter, I would point out that Harris and Liberty Counties have almost identical regulations for construction of drainage ditches. However, we get very different results.

The image on the right was taken over Colony Ridge. Such erosion contributes to the buildup of sediment that reduces the conveyance of rivers and streams, contributing to flooding.

For more information and issues relating to Colony Ridge, see this post.

Posted by Bob Rehak on 1/5/2024

2320 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Northpark Tree Moving Starts; Pond Excavation Next

The Northpark Drive expansion project understandably slowed during the holidays. But Northpark tree moving started in earnest this week. Contractors have returned and started moving trees to clear the areas where two detention ponds will be excavated at 59.

In other news:

  • Concrete culvert is being stockpiled to carry stormwater from the ponds to the Kingwood Diversion Ditch via Ditch One behind the businesses on the north side of Northpark.
  • TXDoT has found a hazardous waste site for oil-contaminated dirt discovered during clearing for the north pond. Relocation of the waste should be complete by the end of January, if not sooner.
  • CenterPoint is almost finished moving its gas line that used to run down the center of Northpark. That will allow resumption of culvert placement in the center ditch.
  • Entergy is still delaying parts of the project by refusing to move its electric lines and transformers unless the Lake Houston Redevelopment Authority pays them $1.4 million. The amount originally demanded – $711,000 – mysteriously doubled during the holidays.

To learn more about each of these items, see below.

Moving Day Arrives for Trees

Before excavation can begin on the two stormwater detention ponds at US59, numerous trees must be transplanted.

This week, Northpark tree moving began in earnest on the south side of Northpark. Trees are being moved from the center of the entry to the periphery to form a green backdrop that says “Kingwood.” They will frame a decorative pond that doubles as a stormwater detention basin.

The giant machine shown below scoops out dirt and places it to the side. Then it scoops out a tree and drops it into the hole.

To see the complete sequence, view this post from an earlier press conference.
This shot shows the beginnings of the tree backdrop around what will become a pond.

But the job isn’t done yet. More trees remain. Heavy rain earlier this week is still slowing transplantation.

Looking south across Northpark. Wide shot shows where pond will go and trees yet to be transplanted.

Contaminated Soil Being Relocated

Before Thanksgiving, contractors struck oil in the soil on the north side of Northpark at 59. Someone dumped it years or even decades ago. To prevent further leeching into the groundwater, contractors excavated and isolated it with plastic sheeting.

Since then, TXDoT located a suitable permanent site for the contaminated soil and contractor will soon begin moving it.

Looking south toward Northpark over the contaminated soil.

All contaminated soil should be removed by end of January at the latest, according to Ralph De Leon, project manager.

The ponds on both sides of Northpark will keep the US59 intersection from flooding during heavy rains, helping to ensure that the new all-weather evacuation route for 70,000 people remains passable during extreme storms.

More Box Culvert Stockpiled to Reroute Drainage

Excess water from the ponds will be routed east toward the Kingwood Diversion Ditch instead of north along 59 toward Bens Branch – a shorter route.

Why? During heavy rains drainage to Bens Branch where it crosses under 59 can back up all the way to the Northpark intersection. Re-routing it will avoid flooding along the vital 59 corridor AND Northpark without adding to the burden on the Diversion Ditch.

Culvert stockpiled between railroad tracks and Ditch One.
Northpark Drive drainage improvements
Alternate route for stormwater from entry ponds to Kingwood Diversion Ditch and/or Bens Branch.

CenterPoint Gas Line Relocation

As of this afternoon, CenterPoint had reached Russell-Palmer Road with its new gas line. It is moving the line from the median to make room for 6×8 foot concrete box culverts. The culverts will allow the Redevelopment Authority to create two new lanes inside the old lanes, rather than outside, which would be more expensive because of the need for property acquisition.

When the last quarter mile is finished to the diversion ditch, culvert placement in the ditch will resume. It was temporarily halted earlier when contractors discovered serveral conflicts with the gas line; it was higher than expected. That interfered with a consistent gradient for the drainage.

Entergy Conflict Resolution

Before Christmas, the Redevelopment Authority had agreed to pay Entergy $711,000 to move a transformer and some power lines. After Christmas, Entergy doubled the price to $1.4 million. It’s one more setback in a years-long struggle with the corporate giant. More news to follow when and if a resolution becomes clear. (Editorial comment: Entergy does not seem to share 70,000 Kingwood residents’ sense of urgency about the need for an all-weather evacuation route.)

For More Information

For more information about the project including construction plans, visit the project pages of the LHRA/Tirz 10 website. Or see these posts on ReduceFlooding:

Posted by Bob Rehak on 1/4/2024

2319 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Woodridge Village Plans Still on Hold, But that Could Change Soon

Back in November 2023, Harris County Flood Control District (HCFCD) terminated its excavation and removal contract with Sprint Sand and Clay. The 2021 contract called for Sprint to remove up to 500,000 cubic yards of material from Woodridge Village. Had the full amount been excavated, it would have more than doubled the stormwater detention basin capacity on the site.

Extent of excavation at end of Woodridge Village E&R Contract with Sprint. Photo: 12/28/21.

Only About A Third of Max Volume Excavated

But at the time HCFCD terminated the contract, Sprint had excavated only 160,748 cubic yards, an amount equal to 100 acre feet, and only about a third of the maximum allowed under the contract.

When HCFCD purchased the Woodridge Village property from Perry Homes, the site had only 70% of Atlas 14 requirements (the new standard for a 100-year storm). The lack of detention capacity contributed to the flooding of hundreds of homes in Kingwood along Taylor Gully twice in 2019.

In the end, the 160,748 cubic yards meant that the site had 96% of Atlas 14 requirements. But significantly, the additional capacity is still just a hole in the ground. It has not yet been tied into other Woodridge detention basins or drainage channels.

Termination Caused by HUD Rule

The rationale for termination of the contract had nothing to do with Sprint’s performance. Rather, it had to do with an unintended consequence of a U.S. Department of Housing and Urban Development (HUD) rule.

HCFCD hoped to pay for both Taylor Gully and Woodridge Village with HUD funds. But a HUD rule states that HUD funds cannot pay for work already completed on a project when a grant application is submitted.

As a result, when HCFCD applies for a HUD grant, it must:

  • Zero out work completed to date and stop work.
  • Estimate the cost of remaining work.
  • Wait for an award determination.

The rule also affected several other E&R projects in Harris County, such as one on TC Jester next to Cypress Creek.

It’s especially painful in this case because HCFCD listed the Woodridge Village stormwater detention basin as an alternate project for HUD funding. That means, it would only be considered if a fatal flaw knocked one of HCFCD’s primary recommendations out of the running.

HCFCD Exploring Alternative

Amy Crouser, an HCFCD spokesperson said, “Woodridge must be treated as if it were funded by HUD and GLO, which means that we cannot perform any choice-limiting actions on the site, such as the E&R contract. It will be some time before we know if any alternate projects will move to the ‘funded list.’”  

Crouser then added, “However, we are investigating whether we can split the Woodridge Village Stormwater Detention Basin into two projects. That may offer some flexibility in getting the E&R contract reinstated. We should have an answer in the next few weeks.”

HCFCD has not yet publicly released the final engineering studies on Woodridge or Taylor Gully.

With interest rates falling, housing starts may pick up and increase demand for fill dirt. That could eliminate the only real drawback of an E&R contract; they can be time consuming if demand for dirt is low. Otherwise, they represent exceptional value for taxpayers. Sprint made only $1,000 from the contract but made its money back by selling the dirt at market rates.

Status of Excavation At Year End

Here’s where things stood at the end of 2023:

Acre Feet of Stormwater Detention% of Atlas-14 Requirement% of Ultimate
Site Had When Purchased from Perry Homes27170%47%
Had as of 12/31/2337196%63.9%
Atlas 14 Requires385100%66%
Had Sprint Excavated All 500,000 CY580150%100%
As of 12/31/23, nothing but the cool winter wind could be heard howling through Woodridge Village.

Stay tuned for more news as it develops.

Posted by Bob Rehak on 1/3/2023

2318 Days since Hurricane Harvey