After an unannounced investigation of the Laurel Springs RV Resort construction site on February 2, 2022, the Texas Commission on Environmental Quality (TCEQ) issued a Notice of Enforcement (NOE) Letter to the contractor, Higbie Ventures of Texas, Inc. The TCEQ investigation found Higbie:
Failed to maintain Best Management Practices in effective operation condition
Had not maintained the construction site entrance
Did not protect stormwater inlets
Damaged erosion controls
Improperly installed erosion controls
Did not install erosion controls as prescribed in the Stormwater Pollution Prevention Plan along the southern and western perimeters
Let sediment accumulations travel offsite unimpeded onto neighboring property for approximately 158 yards
Trenched the southern berm of its detention pond, letting stormwater escape onto neighboring property, a non-compliant discharge
Violated requirements of their Construction General Permit
Failed to remove sediment accumulations often enough to minimize further negative effect
The investigator felt the non-compliant discharge in late January warranted enforcement action. The TCEQ then issued a Notice of Enforcement Letter (NOE) to “facilitate” compliance.
64-Page Report Brims With Photos Showing Violations
The TCEQ investigator, Kyle Linville, required documentation showing the contractor had remedied all violations by February 7. But on February 14, Linville noted that several violations remained outstanding, including failure to:
Maintain Best Management Practices in effective operating condition
Install sediment controls on the southern boundary of the site
Remove sediment accumulations often enough to minimize further negative effects.
Linville’s observations largely match mine and those of nearby residents who have communicated with me re: issues at the controversial construction site. Strangely, a City of Houston investigation found no problem, triggering two more investigations, but the City has not yet released the results of those.
Contractor Apparently Still Not Fully in Compliance
Since the TCEQ issued its notice of enforcement letter, most but not all of the violations have been corrected. However, Higbie still has not installed silt fencing along the western perimeter. And when I went by there today, trucks had once again turned Laurel Springs Lane into a muddy mess.
Photo taken on 2/2/22 from TCEQ report showing erosion of southern wall of detention pond.Sediment eroded into Edgewater Park for approximately 158 yards.Another photo from TCEQ report.More sediment farther into park.Another photo from TCEQ report.Note lack of silt fencing along western perimeter (right), which had been mentioned in TCEQ complaint dated 2/2/22. Photo taken 3/24/22, six weeks after compliance deadline.
Contractor Claims Re: Unauthorized Discharge
The contractor admitted that he discharged stormwater into Edgewater Park without authorization. However, he claimed that it was necessary to begin installing pumps that would discharge stormwater into the Lakewood Cove Storm Sewer System. The contractor claimed that standing water in the detention pond had infiltrated the soil in the pond wall. That made the pond wall so unstable that heavy equipment could not operate safely on the wall, said the contractor, in his response to the TCEQ.
However, photos taken on the day of the trenching, 1/29/22, show heavy equipment already operating on the wall and the pump housing already partially installed.
Photo taken 1/29/22 shows contractor draining pond as heavy equipment operates elsewhere on pond wall.
On page 54 of the report, the contractor claims he dug the trench on 1/30/22, not 1/29.
He also admits that he placed 8″ pipe in the wall, but claims he removed it “the next day” on “1/31/21.” That would have been 10 months before the site was even cleared. But assuming he meant 1/31/22, the claim doesn’t match what I photographed that day. I photographed the contractor covering up pipe, not removing it. See below.
One photo from a sequence taken on 1/31/2022 that shows contractor pulling dirt into trench and spreading it over pipes.
Is he claiming that he filled in the whole trench only to redig it on the same day and remove the pipe? That would have been amazingly inefficient. However, it would help explain some of the contractor’s failures. In the last 20 years, eight of Higbie’s 13 entities in Texas have gone out of business. He lost six of the eight to tax forfeitures.
Trust But Verify
Mr. Linville produced an excellent and thorough report of his investigation. But I hope he explores some of Higbie’s claims further without just taking Higbie’s word that he complied. As auditors say, “Trust but verify.” Did the contractor really remove the pipe? Did he install invisible silt fence on the western perimeter? Why is Higbie still pumping water out of the pond with portable pumps almost two months after installing the housing for permanent pumps.
We should never forget how excess sedimentation contributed to the flooding of thousands of homes along the West Fork during Harvey.
Posted by Bob Rehak on 3/26/22
1670 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.
00adminadmin2022-03-26 17:52:282022-03-26 18:02:05TCEQ Issues Notice of Enforcement to Laurel Springs RV Resort
Rachel Tolbert Kimbro, a professor of sociology at Rice, has produced the rarest of commodities: an easily readable book, rich with academic value. In Too Deep: Class and Mothering in a Flooded Community is the story of 36 upper middle-class mothers on Houston’s southwest side before, during, and after Hurricane Harvey. It’s about:
Why they chose the neighborhood they live in – despite knowledge of prior floods
Their struggle to survive during Harvey
The fight to recover after the storm – financially, physically and psychologically – while holding their families together
Why most chose to stay instead of move, despite repeated floods.
Common Themes
Professor Rachel Tolbert Kimbro, Rice University Photo.
Professor Kimbro interviewed the women extensively over the course of several years and found common themes between their stories. Among them: the struggle to protect their children, neighborhood, school, and friendships. The values they found in their neighborhood – affordability, diversity, walkability, a good school, safety, and a supportive network of neighbors – brought them together. And fear of losing those values after the flood kept them from moving elsewhere. Sound familiar? You could substitute “proximity to nature” for “proximity to museums” and understand why so many flood victims chose to stay in the Lake Houston Area after Harvey.
Qualitative Research Yields Insights
For In Too Deep, Kimbro used structured qualitative research, not quantitative. The result is a moving narrative, replete with insight and pathos. It mirrors, in a different part of Houston, many of the interviews I have done in the Lake Houston Area since Harvey.
Those who flooded will find painful memories and, ultimately, a sense of kinship that comes from a recognition of their shared struggles. Kimbro’s description of rescues by kayak; of several families crowding into one upstairs room with their pets; of struggles with contractors and adjusters; and of families sleeping on air mattresses for more than a year will bring many people to tears.
Policy makers will gain insights into what makes buyouts so difficult despite such difficulties. The book explains why many people in this neighborhood wanted to stay put after Harvey despite prior, severe flooding during the Tax and Memorial Day storms.
Kimbro’s editorial decision to focus only on women in one area and from one social class limits her research somewhat. But what it loses in breadth, it gains in depth. There is little academic research into how upper middle-class moms cope with disasters. Most research on flooding focuses on less affluent, communities of color.
Spoiler Alert
Professor Kimbro recreated the Harvey experience completely and faithfully from the standpoint of her interviewees. Women in the Lake Houston Area will likely identify with the struggles Kimbro’s subjects faced. Spoiler alert: keep a box of tissues handy when you read this book.
Kimbro changed women’s names and even the name of their neighborhood to protect their privacy and confidentiality. Many of the women felt almost violated from having neighbors and contractors traipse through the private spaces in their homes (bedrooms, bathrooms, etc.) to rip out wallboard, tile, and carpet. I just wish she had mentioned the fictitious neighborhood name in the introduction, not at the end.
Throughout the book, she refers to the neighborhood as “Bayou Oaks” and the school that the children go to as “Bayou Oaks Elementary.”
I wanted so much to photograph this neighborhood that I Googled the names to find their locations. I also tried to look them up in multiple map apps and Google Earth. No joy! There is no Bayou Oaks Elementary in the Houston ISD. And there is no Bayou Oaks where she described it.
As a consequence, at times I wondered how real In Too Deep was. But it is very real.
Suggestion for Future Research
One thing struck me as odd though. Unless I missed it on first reading, none of the women focused on political action (lobbying for flood mitigation) as a solution to their flood woes. None of these mothers turned into political activists lobbying for flood mitigation dollars – despite their fear of future floods.
In contrast, less affluent, predominantly minority communities seize headlines and more dollars every week. Why the difference? Is it financial desperation? Lack of alternatives? Or something cultural?
This is certainly an area for future investigation. And I hope Kimbro takes it up. She’s both a talented researcher and storyteller. We have a lot to learn from her.
In Too Deep comes in paperback, hardbound and digital editions. I purchased the Kindle edition from Amazon. I highly recommend it.
Posted by Bob Rehak on 3/25/2022
1669 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/03/kimbro20141.jpg?fit=300%2C300&ssl=1300300adminadmin2022-03-25 12:21:372022-03-25 16:49:16Review: In Too Deep – Class and Mothering in a Flooded Community
Note: Updated 3/26/22 to correct drainage path from Peppervine to West Fork instead of Bens Branch.
Centex Homes, an affiliate of Pulte Homes, has cleared land for a new 47-acre development in Porter just north of Oakhurst. The developer will call the new development Peppervine and is targeting first-time homebuyers and young, budget-conscious homebuyers.
Few Details Available Yet About Homes
Centex doesn’t give many details about the homes yet. The company’s website contains only one page of high-level information. However, it does say that the builder will offer both one- and two-story homes. Their website shows a fairly traditional style that would fit in well with most homes in the Kingwood Area.
Entrance to Peppervine. Looking east toward US59. As with Oakhurst to the south/right, a large stand of trees will shield residents from freeway noise.
However, the only other trees are in the northwest corner of the new subdivision to help shield residents from an RV park.
Looking SE toward 59. A small stand of trees will shield residents from an RV park (lower left). Oakhurst drainage ditch in lower right. Detention pond empties into ditch that cuts through upper right of frame.
Impact on Drainage
Of course, ReduceFlooding readers are concerned about the impact on drainage. While regrettable, the loss of more trees will be at least partially offset by a fairly large detention pond that occupies approximately 20% of the site. See above.
The Montgomery County Appraisal District shows the development, which comprises approximately 1.7 million square feet will have a detention pond that covers approximately 324,000 square feet.
The site will use Oakhurst’s drainage ditch which connects to the headwaters of Bens Branch. See Google Earth Pro image below.
Path of Drainage to West Fork
Peppervine in rectangle will drain through the Oakhurst drainage ditch to West Fork San Jacinto.Note even bigger area slated for development across freeway. It will drain into Bens Branch.Looking SE. Pepperdine’s detention pond will connect to the small drainage ditch in the upper right.Looking NE. The small drainage ditch will connect to Oakhurst’s larger ditch (lower left).Looking north.The site’s detention pond drains into the ditch in the foreground which connects to the Oakhurst Ditch on the left.
Homes Built Above Roads
Homebuyers will be pleased that the homes will be built up from the roadways.
Homes will be elevated above the roads, always a good practice.
Sizable Detention Pond Should Help Allay Concerns
During Harvey and Imelda, multiple homes flooded in Oakhurst. I’m sure Oakhurst residents must have concerns about yet another subdivision adding even more runoff to the ditches and stream. The good news here, though, is that Montgomery County required a rather sizable detention pond in this instance. The developer did not get to avoid detention with a beat-the-peak survey.
Posted by Bob Rehak on 3/24/2022
1668 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/2022/03/20220310-DJI_0709.jpg?fit=1200%2C799&ssl=17991200adminadmin2022-03-24 17:50:052022-03-26 20:33:16Oakhurst Getting New Neighbor: Land Cleared for Peppervine
TCEQ Issues Notice of Enforcement to Laurel Springs RV Resort
After an unannounced investigation of the Laurel Springs RV Resort construction site on February 2, 2022, the Texas Commission on Environmental Quality (TCEQ) issued a Notice of Enforcement (NOE) Letter to the contractor, Higbie Ventures of Texas, Inc. The TCEQ investigation found Higbie:
The investigator felt the non-compliant discharge in late January warranted enforcement action. The TCEQ then issued a Notice of Enforcement Letter (NOE) to “facilitate” compliance.
64-Page Report Brims With Photos Showing Violations
The 64-page TCEQ report meticulously documents the complaints with time-stamped photographs.
The TCEQ investigator, Kyle Linville, required documentation showing the contractor had remedied all violations by February 7. But on February 14, Linville noted that several violations remained outstanding, including failure to:
Linville’s observations largely match mine and those of nearby residents who have communicated with me re: issues at the controversial construction site. Strangely, a City of Houston investigation found no problem, triggering two more investigations, but the City has not yet released the results of those.
Contractor Apparently Still Not Fully in Compliance
Since the TCEQ issued its notice of enforcement letter, most but not all of the violations have been corrected. However, Higbie still has not installed silt fencing along the western perimeter. And when I went by there today, trucks had once again turned Laurel Springs Lane into a muddy mess.
Contractor Claims Re: Unauthorized Discharge
The contractor admitted that he discharged stormwater into Edgewater Park without authorization. However, he claimed that it was necessary to begin installing pumps that would discharge stormwater into the Lakewood Cove Storm Sewer System. The contractor claimed that standing water in the detention pond had infiltrated the soil in the pond wall. That made the pond wall so unstable that heavy equipment could not operate safely on the wall, said the contractor, in his response to the TCEQ.
However, photos taken on the day of the trenching, 1/29/22, show heavy equipment already operating on the wall and the pump housing already partially installed.
On page 54 of the report, the contractor claims he dug the trench on 1/30/22, not 1/29.
He also admits that he placed 8″ pipe in the wall, but claims he removed it “the next day” on “1/31/21.” That would have been 10 months before the site was even cleared. But assuming he meant 1/31/22, the claim doesn’t match what I photographed that day. I photographed the contractor covering up pipe, not removing it. See below.
Is he claiming that he filled in the whole trench only to redig it on the same day and remove the pipe? That would have been amazingly inefficient. However, it would help explain some of the contractor’s failures. In the last 20 years, eight of Higbie’s 13 entities in Texas have gone out of business. He lost six of the eight to tax forfeitures.
Trust But Verify
Mr. Linville produced an excellent and thorough report of his investigation. But I hope he explores some of Higbie’s claims further without just taking Higbie’s word that he complied. As auditors say, “Trust but verify.” Did the contractor really remove the pipe? Did he install invisible silt fence on the western perimeter? Why is Higbie still pumping water out of the pond with portable pumps almost two months after installing the housing for permanent pumps.
We should never forget how excess sedimentation contributed to the flooding of thousands of homes along the West Fork during Harvey.
Posted by Bob Rehak on 3/26/22
1670 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.
Review: In Too Deep – Class and Mothering in a Flooded Community
Rachel Tolbert Kimbro, a professor of sociology at Rice, has produced the rarest of commodities: an easily readable book, rich with academic value. In Too Deep: Class and Mothering in a Flooded Community is the story of 36 upper middle-class mothers on Houston’s southwest side before, during, and after Hurricane Harvey. It’s about:
Common Themes
Professor Kimbro interviewed the women extensively over the course of several years and found common themes between their stories. Among them: the struggle to protect their children, neighborhood, school, and friendships. The values they found in their neighborhood – affordability, diversity, walkability, a good school, safety, and a supportive network of neighbors – brought them together. And fear of losing those values after the flood kept them from moving elsewhere. Sound familiar? You could substitute “proximity to nature” for “proximity to museums” and understand why so many flood victims chose to stay in the Lake Houston Area after Harvey.
Qualitative Research Yields Insights
For In Too Deep, Kimbro used structured qualitative research, not quantitative. The result is a moving narrative, replete with insight and pathos. It mirrors, in a different part of Houston, many of the interviews I have done in the Lake Houston Area since Harvey.
Those who flooded will find painful memories and, ultimately, a sense of kinship that comes from a recognition of their shared struggles. Kimbro’s description of rescues by kayak; of several families crowding into one upstairs room with their pets; of struggles with contractors and adjusters; and of families sleeping on air mattresses for more than a year will bring many people to tears.
Policy makers will gain insights into what makes buyouts so difficult despite such difficulties. The book explains why many people in this neighborhood wanted to stay put after Harvey despite prior, severe flooding during the Tax and Memorial Day storms.
Kimbro’s editorial decision to focus only on women in one area and from one social class limits her research somewhat. But what it loses in breadth, it gains in depth. There is little academic research into how upper middle-class moms cope with disasters. Most research on flooding focuses on less affluent, communities of color.
Spoiler Alert
Professor Kimbro recreated the Harvey experience completely and faithfully from the standpoint of her interviewees. Women in the Lake Houston Area will likely identify with the struggles Kimbro’s subjects faced. Spoiler alert: keep a box of tissues handy when you read this book.
Kimbro changed women’s names and even the name of their neighborhood to protect their privacy and confidentiality. Many of the women felt almost violated from having neighbors and contractors traipse through the private spaces in their homes (bedrooms, bathrooms, etc.) to rip out wallboard, tile, and carpet. I just wish she had mentioned the fictitious neighborhood name in the introduction, not at the end.
Throughout the book, she refers to the neighborhood as “Bayou Oaks” and the school that the children go to as “Bayou Oaks Elementary.”
I wanted so much to photograph this neighborhood that I Googled the names to find their locations. I also tried to look them up in multiple map apps and Google Earth. No joy! There is no Bayou Oaks Elementary in the Houston ISD. And there is no Bayou Oaks where she described it.
As a consequence, at times I wondered how real In Too Deep was. But it is very real.
Suggestion for Future Research
One thing struck me as odd though. Unless I missed it on first reading, none of the women focused on political action (lobbying for flood mitigation) as a solution to their flood woes. None of these mothers turned into political activists lobbying for flood mitigation dollars – despite their fear of future floods.
In contrast, less affluent, predominantly minority communities seize headlines and more dollars every week. Why the difference? Is it financial desperation? Lack of alternatives? Or something cultural?
This is certainly an area for future investigation. And I hope Kimbro takes it up. She’s both a talented researcher and storyteller. We have a lot to learn from her.
In Too Deep comes in paperback, hardbound and digital editions. I purchased the Kindle edition from Amazon. I highly recommend it.
Posted by Bob Rehak on 3/25/2022
1669 Days since Hurricane Harvey
Oakhurst Getting New Neighbor: Land Cleared for Peppervine
Note: Updated 3/26/22 to correct drainage path from Peppervine to West Fork instead of Bens Branch.
Centex Homes, an affiliate of Pulte Homes, has cleared land for a new 47-acre development in Porter just north of Oakhurst. The developer will call the new development Peppervine and is targeting first-time homebuyers and young, budget-conscious homebuyers.
Few Details Available Yet About Homes
Centex doesn’t give many details about the homes yet. The company’s website contains only one page of high-level information. However, it does say that the builder will offer both one- and two-story homes. Their website shows a fairly traditional style that would fit in well with most homes in the Kingwood Area.
However, the only other trees are in the northwest corner of the new subdivision to help shield residents from an RV park.
Impact on Drainage
Of course, ReduceFlooding readers are concerned about the impact on drainage. While regrettable, the loss of more trees will be at least partially offset by a fairly large detention pond that occupies approximately 20% of the site. See above.
The Montgomery County Appraisal District shows the development, which comprises approximately 1.7 million square feet will have a detention pond that covers approximately 324,000 square feet.
The site will use Oakhurst’s drainage ditch which connects to the headwaters of Bens Branch. See Google Earth Pro image below.
Path of Drainage to West Fork
Homes Built Above Roads
Homebuyers will be pleased that the homes will be built up from the roadways.
Sizable Detention Pond Should Help Allay Concerns
During Harvey and Imelda, multiple homes flooded in Oakhurst. I’m sure Oakhurst residents must have concerns about yet another subdivision adding even more runoff to the ditches and stream. The good news here, though, is that Montgomery County required a rather sizable detention pond in this instance. The developer did not get to avoid detention with a beat-the-peak survey.
Posted by Bob Rehak on 3/24/2022
1668 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.