On Tuesday, 5/24/22, the Flood Control District transmitted updates on two projects (MAAPNext and the 2018 Flood Bond) to Harris County Commissioners. New Flood Insurance Rate Maps (floodplain maps) should be released within the next six months. In related news, the entire northeastern part of Harris County is still getting less than one thousandth of one percent of all active construction spending on bond projects.
For more detail read on.
MAAPNext Data Still Being Validated
MAAPNext stands for the next-level Modeling, Assessment and Awareness Project. In the wake of back-to-back-to-back 500-year floods in 2015, 2016, and 2017, it became clear that the floodplain maps which guided development in Harris County woefully underestimated the real flood risk in the region.
In response, the Harris County Flood Control District, NOAA and FEMA launched the MAAPNext project. It began by acquiring new, more accurate topographic (elevation) data for every watershed in the county and surrounding areas. They used LiDAR data with 9 times more resolution than the maps developed after Tropical Storm Allison in 2001.
Harris County Flood Control District then modeled updated rainfall probability statistics (Atlas-14 data) from NOAA against the terrain data.
FEMA is now reviewing the results and validating data. Within the next few months, FEMA will release new floodplain maps. This graphic shows the timetable and stages.
HCFCD has completed its part of the work and estimates FEMA has completed 20% of its at this point.
Preliminary Maps Coming in Few Months
FEMA should release PRELIMINARY Flood Insurance Rate Maps this summer or fall. After the release, expect a series of public meetings. During those meetings, partners will explain the results and the public will get a chance to ask questions and/or protest the results.
For instance, some people may have raised the elevation of their buildings since development of the new maps. Maps that do not reflect such improvements could raise flood insurance rates.
Other people will no doubt question the validity of the data, becauseexpanded floodplains may adversely affect their property values. People who have received no flood mitigation help so far from the bond will suffer more in this regard than those who have.
Following the public comment and review periods, FEMA will revise floodplain maps as necessary and then release final versions. It could take another 3+ years before we see final maps.
In the meantime, you should assume that the old floodways will expand into the 100-year floodplain and the 100-year floodplain will expand into the 500-year floodplain.
So it’s best to get flood insurance now if you don’t have it. Remember, if you are in the 100-year floodplain, your chance of flooding during the life of a 30-year mortgage is about 1 in 4. And a lot of people don’t yet realize they live in a floodplain!
HCFCD also released its May update on the progress of 2018 flood-bond projects last week. Through the end of April 2022, the District has completed 21.3% of the bond program.
The District has spent $1.025 billion out of about $5 billion in bond and partner funds. Spending breaks down like this:
$533 million in Bond Funds
$356 million in Grants
$136 in other Local Funds.
Where HCFCD spent a billion dollars.
The update acknowledges the $2.2 million grant from the Texas Water Development Board for the second phase of the Lauder Stormwater Detention Basin on Greens Bayou. Supposedly, Phase 2 has already started construction, though I could see little more than road work last week.
Other projects starting construction last month included:
Bayside Terrace Subdivision Drainage Improvements
Barker Watershed Repairs
Active construction of capital improvement projects totaled $236 million in May. Out of that, the entire northeastern part of the county still had only $2,000. That’s right. $2 thousand out of $236 million. That’s 0.0008%.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/05/20220529-Screen-Shot-2022-05-29-at-11.04.08-AM.jpg?fit=1200%2C913&ssl=19131200adminadmin2022-05-29 11:36:052022-06-01 12:00:12Progress Reports on New Floodplain Maps and Flood Bond
I often post about the loss of forests and wetlands to development and how that affects flooding. But the loss also affects wildlife. A new movie, Deep in the Heart: A Texas Wildlife Story, follows our ever-changing relationship with the natural world. It showcases our ability to destroy, conserve, and recover wildlife and habitat. The producers tell the story through the eyes of wildlife.
First Blue-Chip Wildlife Documentary About Texas
This gorgeous documentary about Texas wildlife opens in theaters on June 3, 2022.
MovieInsider.com calls Deep in The Heart, “The first blue-chip wildlife documentary ever produced about Texas.” And the trailer certainly lives up to that promise.
Image from DeepInTheHeartWildlife.com
The producers say, “Deep in the Heart is a visually stunning celebration of what makes Texas unique. Its diverse landscapes and remarkable wildlife behavior cannot be found anywhere else in the world.
“Narrated by Matthew McConaughey and featuring state-of-the-art cinematography, this family-friendly film journeys from the highest peaks in West Texas, through our aquifers, rivers, and bays, and deep into the Gulf of Mexico.
“Deep in the Heart aims to conserve our remaining wild places, to show the connectivity of water and wildlife, and to recognize Texas’ conservation importance on a continental scale.”
A consortium of foundations made the film possible. The primary sponsor was Texan by Nature, founded in 2011 by former First Lady Laura Bush. Texan by Nature (TxN) unites landowners, business, conservation, and civic leaders who believe Texas’ prosperity depends on conservation of natural resources. Learn more at www.texanbynature.org.
Where to See The Film
The film is in limited distribution at only seven Houston theaters. The closest to the Lake Houston Area: the Regal Benders Landing on the Grand Parkway between I-45 and I-69. Check here for show times.
Posted by Bob Rehak on 5/28/2022with thanks to Pamela Davidson for the heads up on this movie
1733 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/05/20220528-Screen-Shot-2022-05-28-at-9.14.24-AM.jpg?fit=1200%2C727&ssl=17271200adminadmin2022-05-28 10:48:022022-05-28 10:48:04Deep in The Heart: A Texas Wildlife Story
Discovery will soon begin in the Texas Attorney General’s case against the Triple PG sand mine in Porter. The AG is suing the mine on behalf of the Texas Commission on Environmental Quality (TCEQ). TCEQ investigations documented repeated breaches of the mine’s dikes over a period of several years prior to filing the lawsuit. The breaches allegedly resulted in the release of hundreds of millions of gallons of industrial waste into the headwaters of Lake Houston, the source of drinking water for 2 million people.
Over the years, I’ve written more than 50 posts featuring the Triple PG sand mine in Porter. The mine first came to my attention on May 18, 2019. I was giving Tony Buzbee, then a candidate for Mayor of Houston, a tour of sediment buildups in the San Jacinto watershed. As we turned a corner on Caney Creek, we came to a giant breach in the dike of the Triple PG mine.
Triple PG Breach to Caney Creek photographed in May of 2019.
I immediately reported the breach to the Texas Commission on Environmental Quality (TCEQ). TCEQ manages water quality in the State. And Triple PG was directly discharging industrial wastewater into the creek.
On October 11, 2019, the Attorney General of Texas sued the Triple PG mine on behalf of the TCEQ. The charges alleged violations of Chapter 26 of the Texas Water Code and related TCEQ rules pertaining to the discharge of industrial waste and process wastewater.
Mere days after the Texas Attorney General (AG) filed a lawsuit against Triple P.G. Sand Development, the mine’s owner transferred ownership of the mine. Even though the transfer was recorded in October 2019, the attorney general says the papers were dated in the prior January — before the unauthorized discharges that triggered the lawsuit.
This appeared to be an attempt to shield assets from liability. Subsequently, the AG filed an amended petition on June 17, 2020, adding five defendants:
Guniganti Family Property Holdings, L.L.C.
Prabhakar R. Guniganti, individually
Prabhakar R. Guniganti, as Director of Triple P.G. Sand Development, L.L.C.
Prabhakar R. Guniganti, as sole manager of Guniganti Family Property Holdings, L.L.C.
Guniganti Children’s 1999 Trust.
The next week, on June 24, 2020, the defendant’s counsel withdrew from the case.
On July 8, 2020, the judge granted a motion to substitute counsel. Then, everything ground to a halt. During Covid, judges reportedly granted any request for a delay. And nothing happened for almost 2 years!
Susan Jablonski, head of TCEQ’s Enforcement Division, says she’s looking forward to deposing defendants. TCEQ has met with the AG on a monthly basis. Right now, they are preparing subpoenas for four depositions.
But with Guniganti listed in the case as an individual, it could be harder for him to shield assets.
The Attorney General seeks $1.1 million in damages plus $25,000 per day for every day that the dikes remained open. By my estimates the dikes remained open approximately 5 months. That could add up to millions more.
That case also involves sedimentation. Plaintiffs allege that defendants’ business practices caused sediment to be released from mines during Harvey. Further, they allege that that sediment reduced the conveyance of the San Jacinto and the storage capacity of Lake Houston, contributing to the flooding of their homes.
Posted by Bob Rehak on 5/27/22
1732 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/06/20200616-RJR_4335.jpg?fit=1200%2C800&ssl=18001200adminadmin2022-05-27 16:56:212022-05-27 17:07:47Triple PG Sand Mine Case Finally Starting Discovery
Progress Reports on New Floodplain Maps and Flood Bond
On Tuesday, 5/24/22, the Flood Control District transmitted updates on two projects (MAAPNext and the 2018 Flood Bond) to Harris County Commissioners. New Flood Insurance Rate Maps (floodplain maps) should be released within the next six months. In related news, the entire northeastern part of Harris County is still getting less than one thousandth of one percent of all active construction spending on bond projects.
For more detail read on.
MAAPNext Data Still Being Validated
MAAPNext stands for the next-level Modeling, Assessment and Awareness Project. In the wake of back-to-back-to-back 500-year floods in 2015, 2016, and 2017, it became clear that the floodplain maps which guided development in Harris County woefully underestimated the real flood risk in the region.
In response, the Harris County Flood Control District, NOAA and FEMA launched the MAAPNext project. It began by acquiring new, more accurate topographic (elevation) data for every watershed in the county and surrounding areas. They used LiDAR data with 9 times more resolution than the maps developed after Tropical Storm Allison in 2001.
Harris County Flood Control District then modeled updated rainfall probability statistics (Atlas-14 data) from NOAA against the terrain data.
FEMA is now reviewing the results and validating data. Within the next few months, FEMA will release new floodplain maps. This graphic shows the timetable and stages.
HCFCD has completed its part of the work and estimates FEMA has completed 20% of its at this point.
Preliminary Maps Coming in Few Months
FEMA should release PRELIMINARY Flood Insurance Rate Maps this summer or fall. After the release, expect a series of public meetings. During those meetings, partners will explain the results and the public will get a chance to ask questions and/or protest the results.
For instance, some people may have raised the elevation of their buildings since development of the new maps. Maps that do not reflect such improvements could raise flood insurance rates.
Other people will no doubt question the validity of the data, because expanded floodplains may adversely affect their property values. People who have received no flood mitigation help so far from the bond will suffer more in this regard than those who have.
Following the public comment and review periods, FEMA will revise floodplain maps as necessary and then release final versions. It could take another 3+ years before we see final maps.
In the meantime, you should assume that the old floodways will expand into the 100-year floodplain and the 100-year floodplain will expand into the 500-year floodplain.
So it’s best to get flood insurance now if you don’t have it. Remember, if you are in the 100-year floodplain, your chance of flooding during the life of a 30-year mortgage is about 1 in 4. And a lot of people don’t yet realize they live in a floodplain!
To see the full MAAPNext update, click here.
Flood Bond Now 21% Complete
HCFCD also released its May update on the progress of 2018 flood-bond projects last week. Through the end of April 2022, the District has completed 21.3% of the bond program.
The District has spent $1.025 billion out of about $5 billion in bond and partner funds. Spending breaks down like this:
The update acknowledges the $2.2 million grant from the Texas Water Development Board for the second phase of the Lauder Stormwater Detention Basin on Greens Bayou. Supposedly, Phase 2 has already started construction, though I could see little more than road work last week.
Other projects starting construction last month included:
Active construction of capital improvement projects totaled $236 million in May. Out of that, the entire northeastern part of the county still had only $2,000. That’s right. $2 thousand out of $236 million. That’s 0.0008%.
To see the entire flood bond update, click here.
Posted by Bob Rehak on 5/29/2022
1734 Days since Hurricane Harvey
Deep in The Heart: A Texas Wildlife Story
I often post about the loss of forests and wetlands to development and how that affects flooding. But the loss also affects wildlife. A new movie, Deep in the Heart: A Texas Wildlife Story, follows our ever-changing relationship with the natural world. It showcases our ability to destroy, conserve, and recover wildlife and habitat. The producers tell the story through the eyes of wildlife.
First Blue-Chip Wildlife Documentary About Texas
This gorgeous documentary about Texas wildlife opens in theaters on June 3, 2022.
MovieInsider.com calls Deep in The Heart, “The first blue-chip wildlife documentary ever produced about Texas.” And the trailer certainly lives up to that promise.
The producers say, “Deep in the Heart is a visually stunning celebration of what makes Texas unique. Its diverse landscapes and remarkable wildlife behavior cannot be found anywhere else in the world.
“Narrated by Matthew McConaughey and featuring state-of-the-art cinematography, this family-friendly film journeys from the highest peaks in West Texas, through our aquifers, rivers, and bays, and deep into the Gulf of Mexico.
“Deep in the Heart aims to conserve our remaining wild places, to show the connectivity of water and wildlife, and to recognize Texas’ conservation importance on a continental scale.”
Distinguished Producers and Sponsors
Deep in the Heart was written and directed by Ben Masters; and produced by Katy Baldock and Jay Kleberg.
A consortium of foundations made the film possible. The primary sponsor was Texan by Nature, founded in 2011 by former First Lady Laura Bush. Texan by Nature (TxN) unites landowners, business, conservation, and civic leaders who believe Texas’ prosperity depends on conservation of natural resources. Learn more at www.texanbynature.org.
Where to See The Film
The film is in limited distribution at only seven Houston theaters. The closest to the Lake Houston Area: the Regal Benders Landing on the Grand Parkway between I-45 and I-69. Check here for show times.
Posted by Bob Rehak on 5/28/2022 with thanks to Pamela Davidson for the heads up on this movie
1733 Days since Hurricane Harvey
Triple PG Sand Mine Case Finally Starting Discovery
Discovery will soon begin in the Texas Attorney General’s case against the Triple PG sand mine in Porter. The AG is suing the mine on behalf of the Texas Commission on Environmental Quality (TCEQ). TCEQ investigations documented repeated breaches of the mine’s dikes over a period of several years prior to filing the lawsuit. The breaches allegedly resulted in the release of hundreds of millions of gallons of industrial waste into the headwaters of Lake Houston, the source of drinking water for 2 million people.
Brief History of Case
Over the years, I’ve written more than 50 posts featuring the Triple PG sand mine in Porter. The mine first came to my attention on May 18, 2019. I was giving Tony Buzbee, then a candidate for Mayor of Houston, a tour of sediment buildups in the San Jacinto watershed. As we turned a corner on Caney Creek, we came to a giant breach in the dike of the Triple PG mine.
I immediately reported the breach to the Texas Commission on Environmental Quality (TCEQ). TCEQ manages water quality in the State. And Triple PG was directly discharging industrial wastewater into the creek.
TCEQ investigated and found not one, but TWO breaches. The second was on White Oak Creek (far side of the mine in photo above). The TCEQ investigation resulted in a notice of enforcement on July 12, 2019.
Later, close examination on my own part revealed even more breaches in hard to reach places that could only be seen from a helicopter.
In September 2019, I photographed the breaches still open. And on October 1, I noted a mouth bar rapidly developing on the East Fork.
On October 11, 2019, the Attorney General of Texas sued the Triple PG mine on behalf of the TCEQ. The charges alleged violations of Chapter 26 of the Texas Water Code and related TCEQ rules pertaining to the discharge of industrial waste and process wastewater.
The mine continued to operate under an injunction. One stipulation: that the mine build “engineered” dikes that prevented future discharges. But in early November 2019, boater Josh Alberson, photographed a flimsy dike built out of sand across the Caney Creek breach.
On November 1, 2019, Triple PG denied all claims by the Texas Attorney General in the State’s lawsuit.
In March 2020, TCEQ reported another unauthorized discharge of process wastewater. Suspended solids in the discharge were up to 676% higher than levels in unpolluted water measured upstream.
The mine continued to operate under a temporary injunction until the case was supposed to have gone to trial on June 22 that year. But the case did NOT go to trial then. Covid and legal maneurvering delayed it.
Legal Maneuvering
Mere days after the Texas Attorney General (AG) filed a lawsuit against Triple P.G. Sand Development, the mine’s owner transferred ownership of the mine. Even though the transfer was recorded in October 2019, the attorney general says the papers were dated in the prior January — before the unauthorized discharges that triggered the lawsuit.
This appeared to be an attempt to shield assets from liability. Subsequently, the AG filed an amended petition on June 17, 2020, adding five defendants:
The next week, on June 24, 2020, the defendant’s counsel withdrew from the case.
On July 8, 2020, the judge granted a motion to substitute counsel. Then, everything ground to a halt. During Covid, judges reportedly granted any request for a delay. And nothing happened for almost 2 years!
The next entry in the Travis County Court records was in April 2022. It was a conference among the lawyers and judge designed to jumpstart the case.
Next Up: Subpoenas and Depositions
Susan Jablonski, head of TCEQ’s Enforcement Division, says she’s looking forward to deposing defendants. TCEQ has met with the AG on a monthly basis. Right now, they are preparing subpoenas for four depositions.
Meanwhile, Guniganti is selling off land. His name appears on plans for Royal Pines, a new residential development now clearing land west of his mine.
But with Guniganti listed in the case as an individual, it could be harder for him to shield assets.
The Attorney General seeks $1.1 million in damages plus $25,000 per day for every day that the dikes remained open. By my estimates the dikes remained open approximately 5 months. That could add up to millions more.
It’s good to see movement on this case.
Class Action Suit Also Pending
Triple PG is also a defendant in a class action lawsuit against dozens of sand mines in the San Jacinto watershed by approximately 1000 plaintiffs. In that case, the trial court refused the defendants’ motion to dismiss. The defendants then appealed. But the appellate court found no reversible error, affirmed the trial court’s order and ordered the sand mines involved to pay all costs of the appeal. That happened on May 10, 2022. The trial is already moving forward.
That case also involves sedimentation. Plaintiffs allege that defendants’ business practices caused sediment to be released from mines during Harvey. Further, they allege that that sediment reduced the conveyance of the San Jacinto and the storage capacity of Lake Houston, contributing to the flooding of their homes.
Posted by Bob Rehak on 5/27/22
1732 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.