Contractor Kills, Maims 138 Egrets, Herons While Clearing Land

Multiple Houston-based news outlets reported a story recently about a contractor that killed or maimed 138 egrets and herons protected under the Migratory Species Act. The birds were nesting on a site being cleared by the contractor.

It’s not clear from news coverage whether the contractor was working for a homebuilder or homeowner. While I have done dozens of stories over the years about the environmental impacts of land clearing, i.e., loss of wetlands and wildlife habitat, I can’t remember any this callous.

Summaries of Local News Coverage

KPRC Channel 2

Channel 2 reported that “An investigation has been launched after dozens of migratory birds were discovered injured or dead in an area being used as a breeding ground by the protected species.”

The incident occurred last Friday in the 19700 block of Cherrywood Bend Lane in the Town Lake neighborhood in Cypress. A tree trimming company cut down trees where the birds had built nests. The surviving birds suffered broken wings, mangled legs, and internal injuries.

Texas Parks and Wildlife said the property owner and tree trimming company will be held accountable. “Their fines could add up thousands of dollars, multiple Class C violations, plus the civil restitution,” said Texas Game Warden Jaime Hill.

Egrets and herons are migratory birds protected by state law, in addition to being federally protected under the Migratory Bird Treaty Act (MBTA). The MBTA protects 1,000 species. Under the MBTA, it is illegal to kill, injure, or capture protected birds.

Houston Chronicle

Houston Chronicle reported that 67 birds were discovered dead and another 71 were rescued by the SPCA’s Wildlife Center of Texas. The story said the non-profit had to euthanize 17 of the injured birds due to the extent their injuries.

A game warden cited the contractor and property owner for violating a statute which protects these non-game birds from being injured or killed, and their nests disturbed or destroyed.

“The issue here is the nests,” said Hill, the game warden. “Before nesting season begins residents can harass the birds so they don’t return.” They can use noise-making devices, fake owls, balloons with eyes on them and even pyrotechnics to try to ward them off, the warden added. “But any harassment must end when the first egg is laid,” she added.

“The birds might be a nuisance,” she said, “but at the end of the day when it comes to their nests and their young, they are protected.”

TPWD conferred with the US Fish and Wildlife Service and agreed to handle the incident at the state level.

KHOU Channel 11

KHOU 11 reported that “Several of the blue herons and great egrets were found alive inside trash bags that also contained dozens of dead birds.”

The Houston SPCA will care for the surviving birds until they can be released back to the wild.

TPWD’s investigation is ongoing.

Personal Commentary

Few waterbirds are more beautiful or graceful than herons and egrets. I have photographed them in the wild for years. My favorite shot is this one, taken years ago, not at the site in question.

I took it moments after the chick hatched out of its egg, as both parents looked on proudly.

Great Egrets and hatchling. I call this photo Proud Parents. © Bob Rehak 2022.

The chicks look gawky and gangly in their nests. As they mature and grow feathers, they walk out on branches and flap their wings to gain strength. Then one day, they release their grip on the branches and take wing to repeat the cycle of life as young adults.

It isn’t until you follow these birds from egg to air, that you can appreciate them as individuals. At moments like the one in the photo above, I see the same emotion that parents of every species feel. Love. Pride. And protectiveness.

But sadly, the egrets are no match for chain saws.

Posted by Bob Rehak on 5/17/22

1722 Days after Hurricane Harvey

Coastal Prairie Conservancy Plan Shows How Preservation Can Help Reduce Flooding

The Katy Prairie Conservancy (now the Coastal Prairie Conservancy) has preserved prairies for more than 25 years to slow down and reduce floodwaters.

Tall-grass prairies and wetlands soak up, store and slow runoff from heavy rains, all of which decrease flooding for residents downstream.

The three main dimensions of natural flood reduction.

But how does that work in practice in specific locations? How MUCH do nature-based initiatives reduce flooding? And how can they complement traditional engineered solutions?

Multifaceted Plan Could Hold Back Harvey’s Excess Floodwater

Working with the SSPEED Center at Rice University, the Conservancy produced this brochure. It outlines a plan to expand currently protected lands to 50,000 acres and restore 21,000 of those.

Source: Katy Prairie Conservancy and Rice University SSPEED Center

The plan would absorb, slow, and store water in the Upper Cypress Creek Watershed. It also recommends detaining water near Cypress Creek by creating shallow detention on private lands with the help of willing landowners.

Likewise, by constructing retention and detention ponds in the Upper Addicks Watershed, even more floodwater could be stored and slowed down. The plan also includes the creation of retention corridors along Bear and South Mayde creeks. The retention corridors would serve as a buffer for floodwaters that threaten communities along the creeks. These projects will store up to 110,000 acre-feet of floodwater.

That’s the equivalent of a foot of rain falling over 172 square miles! And that’s 10% of Harris County!

Expand Addicks Reservoir Storage through Excavation

Addicks and Barker Reservoirs are valuable assets that need to be restored and enhanced. Storing additional floodwaters in Addicks Reservoir can keep homes upstream safe and prevent extreme releases that destroy downstream properties, according to the Conservancy and SSPEED.

Addicks Reservoir on May 20, 2021. Looking NW.

Put all these solutions together and the results look like the bar graph above.

The recommendations could easily hold back more water than Addicks had to release during Harvey.

Benefits Extend to Multiple Watersheds

During Harvey, so much water accumulated in the Cypress Creek watershed that it overflowed into the Addicks watershed. So, these recommendations could help reduce flood risk in superstorms along multiple streams, including Buffalo Bayou and Cypress Creek.

Plan includes excavation of additional capacity within Addicks with a goal of enhancing natural environment.

Other Interesting Statistics

The brochure also cites interesting statistics from other groups that touch on the plan. For instance, the Natural Resources Defense Council estimates that every 1% increase in soil organic matter results in the soil holding an additional 20,000 gallons of water per acre.

No One Solution

After studying flood reduction for almost five years now, I’ve concluded there is no silver bullet. No one solution will work for all situations. But every little bit helps. Multifaceted recommendations like these can ultimately reduce costs and increase effectiveness by harnessing the power of nature.

Natural solutions also provide numerous other benefits such as recreation and wildlife habitat.

Posted by Bob Rehak on 5/16/2022

1721 Days since Hurricane Harvey

Royal Pines Goes Pineless

About a month after it began, the developers of Royal Pines have cleared a swath of trees about 1,000 feet wide and a half mile long.

Photos Taken 5/15/22

Looking NNE from southern end of Royal Pines. West Lake Houston Parkway on right. Photo 5/15/22.
Looking E from northern end of Royal Pines toward Triple PG Sand Mine. The trees between the foreground and mine will also be cleared. Photo 5/15/22.
Looking S. West Lake Houston Parkway in upper left. The large cleared area in the top right is Woodridge Village which flooded hundreds of homes in Elm Grove and North Kingwood Forest after it was clearcut and before the developer installed detention basins. Photo 5/15/22.

Clearing Started Before Permits Issued

Interesting that the clearing began before the permit was issued. See this post dated 4/24/22.
TCEQ Permit information. Clearing should be complete for the peak of hurricane season in September..

Plans Show 80+ Homes in Pre-Atlas 14 Floodplain

The following links will show you the general plan and layouts for the first three sections:

Note the dotted lines that snake their way through the top of the development. Those represent the 100- and 500-year floodplains.

Notice how a large part of the development is in “Zone X (Shaded).” That’s the area between the limits of the base flood (100-year or 1% annual chance) and the 0.2-percent-annual-chance (or 500-year) flood. I counted more than 80 homes in that zone. I also see six inside the 100-year zone.

Keep in mind that these flood zones are based on pre-Atlas 14 estimates. FEMA shows this area was last mapped in 2014. When FEMA approves new flood maps in the next few years, those zones will expand to take in more of the subdivision.

The subdivision at buildout will comprise more than the three sections. Houston Business Journal said Royal Pines will ultimately feature between 350 and 450 homes targeted at first-time home buyers.

Posted by Bob Rehak on 5/15/2022

1720 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.