Silty Detention Pond Flushed into Bens Branch

Contractors at the controversial mini rent home development called the Preserve at Woodridge Forest flushed a silt-laden detention pond into a stormwater channel leading to Bens Branch this week. The silty water migrated at least two miles downstream. The pictures below show the trail of silt.

On 4/17/22, Easter Sunday, I photographed a full pond and noticed a pump in the upper right (southeast) corner of the pond.

Looking east over Preserve at Woodridge Forest detention pond on Easter Sunday. Note pump in upper right and pond level.

Three days later, the pump was still going and the pond was nearly empty.

Pump still working on Wednesday.

The ditch between the Preserve and Kingwood Park High School was filled with identically colored water.

Color of water in ditch matches color of water in pond. Note pile of silt in ditch below pump hose in lower left.
Looking north past pump and the near-empty detention pond.
Equipment apparently cleared paths for northern end of pond to drain toward pump.

Where did all the silty water go?

Bens Branch south of Northpark Drive.
One block downstream, Bens Branch at Woodland Hills Drive.
Bens Branch at Tree Lane approximately 2 miles south of construction site. Resident Chris Bloch followed the pollution even farther downstream.

Fish Story

As I photographed the silty water above going down Bens Branch, two young boys with fishing poles came up to me. They looked at the water in disbelief and then looked at me quizzically. “Do you think it’s safe?” they asked.

“Hard to tell,” I said. “It’s runoff from a construction site upstream.”

They left without even dropping a hook into the water or saying a word. Smart kids.

Dangers of Sediment Pollution

The EPA published this brochure that explains some of the dangers of sediment pollution. Among them, it says, “Sediment in stream beds disrupts the natural food chain by destroying the habitat where the smallest stream organisms live and causing massive declines in fish populations. Sediment increases the cost of treating drinking water and can result in odor and taste problems.” Bens Branch empties straight into Lake Houston, the source of drinking water for 2 million people.

Sediment can also clog streams, reducing their carrying capacity. Harris County Flood Control recently cleaned out Bens Branch in a 4-phase project. According to the Kingwood Area Drainage analysis, it had been reduced to a 2-year level of service in places. That means it would flood on a 2-year rain.

No Permit Posted

For these reasons, the Texas Commission on Environmental Quality closely monitors construction sites. But the Preserve at Woodridge did not have a TCEQ Construction General Permit posted at the street. This web page seems to indicate they should have one. See Step 5. It says, “Before starting construction, post a copy of the Site Notice at the construction site. Leave the notice posted until construction is completed.”

Posted by Bob Rehak on 4/23/22, with thanks to Chris Bloch for alerting me to the story

1698 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.

Case Finally Closed on Lake Conroe Association Lawsuit against City, SJRA

In April, 2021, a Montgomery County District Court dismissed the Lake Conroe Association’s lawsuit against the City of Houston for its Lake Lowering Policy. In August 2021, the court dismissed the same case against the SJRA with prejudice. The Lake Conroe Association (LCA) and several Lake Conroe residents appealed the decisions.

Then on April 20, 2022, LCA and the other appellants asked that the Court dismiss their appeal. Neither the City, nor SJRA, opposed the motion. Three judges of the Ninth District Court of Appeals in Beaumont then unanimously dismissed the appeal. Case closed.

“Takings” Claim Disputed

Lake Conroe Association contended that the SJRA’s lake lowering policy amounted to a “taking” of residents’ property.

The City of Houston and SJRA contended that the water at issue did not belong to lakefront homeowners. It belonged to the State of Texas and the City. Therefore, the Lake Conroe Association had no basis for a “takings” claim.

Sources close to the process said that before the matter was heard on appeal, the LCA realized it would never win. So its leaders decided to drop the case and avoid more legal fees.

Clearing the Way for Lake-Lowering Policy to Remain in Effect

This clears the way for the SJRA’s seasonal lake lowering policy to remain in effect during construction of additional floodgates on the Lake Houston Dam. The policy helps ensure that extra “storage capacity” (parking space for water) remains in Lake Conroe during the rainiest months in spring and the peak of hurricane season.

This reduces chances of another devastating release that floods downstream residents during a major storm, such as Hurricane Harvey. The SJRA released 79,000 cubic feet per second during Harvey, one third of all the water coming down the West Fork between Humble and Kingwood.

However, as time went by, Lake Conroe residents became upset with the policy. That led to a contentious confrontation between upstream and downstream residents, as well as the lawsuit.

2022 Version of Lake-Lowering Policy is a Compromise

Over time, the SJRA has reduced the amount of lowering in its policy. Currently, the spring lowering is one-half foot below 201 during April and May, the level of the conservation pool in the lake. Originally, it was one full foot below 201. Most people call that the “normal” level. However, the mean level of Lake Conroe is below that about two-thirds of the time. (See last table below.)

Current Lake Conroe Level

Evaporation and low rainfall currently have Lake Conroe at 200.8, or about 3 inches above the new seasonal target level and 3 inches below the conservation pool.

Currently Lake Conroe’s level is at 200.8 feet and the City of Houston (COH) has not called to lower the lake further.

A close reading of the policy reveals that for the lake lowering to begin, the City of Houston must call for the water.

Below-Average Rainfall Has Delayed Need for Spring Release

However, below-average rainfall for the last two months has delayed the need for a spring release from Lake Conroe this year. Much of the state is now in drought.

Montgomery and northern Harris Counties are currently rated as “abnormally dry.” Southern Harris, Fort Bend and Waller Counties all have “moderate drought.”

Jace Houston, general manager of the SJRA, said, “We haven’t had a big rain in a long time and there’s no significant rain in the foreseeable future. The feeling is that evaporation will soon take the lake down to the target level. The City of Houston must initiate the lowering. If we get a lot of rain, we’ll start releasing again.”

Time for Healing

In addition to reducing the spring lake lowering, the 2022 policy lowers Lake Conroe to 200.5 in August and 200 in September – both a half foot higher than the original policy.

Hopefully, this compromise will help upstream and downstream residents live together now that the lawsuit has been dismissed. It’s time for some healing.

Posted by Bob Rehak on 4/22/2022

1697 Days since Hurricane Harvey

Martin Updates Community on Additional Gates for Lake Houston

Perhaps no flood-mitigation project has generated more interest in the Lake Houston Area recently than the addition of more flood gates to the Lake Houston Dam. In recent months, as engineers worked on the project’s benefit/cost ratio, information about the project became hard to find. That fueled rumors.

But Tuesday night, at the Kingwood Community Center, Mayor Pro Tem Dave Martin put many of those rumors to rest. He denied the project was on hold, reaffirmed the City’s commitment to the project, and outlined the three main issues that engineers are currently grappling with.

Issues Still Being Evaluated

The main issues include:

  • Safety concerns about cutting into the concrete of a dam that’s almost 70 years old.
  • Getting the benefit/cost ratio up.
  • Finding a suitable alternative that significantly reduces flood risk within the budget.

Martin elaborated on each. Regarding:

Safety concerns – He described the risks of cutting into it to install crest gates. Among them, he said engineers worried about structural stability of the dam after construction. Accordingly, they are recommending significant reinforcement of the concrete. He also hinted that contractors might not bid on the project for fear of the potential liability.

Benefit/Cost Ratio – He said that the higher-than-expects costs on of some alternatives drove the BCR down, and that that was driving the exploration of additional alternatives. He did say, however, that FEMA allows including “social benefits” when the BCR is between .75 and 1.0. The inclusion of social benefits still must yield a BCR of 1.0 or greater. On a separate note, a federal employee told me that the Biden administration may change this policy. So significant uncertainty still exists re: calculation of the BCR.

Budget – He implied that some alternatives under consideration became non-starters because of high costs and inflation.

Alternatives Still Under Consideration

So, the search for a suitable alternative that meets all objectives continues. Among the options still in the running, Martin mentioned crest gates on the west side of the dam and adding a tainter gate to the earthen, eastern portion.

Martin shared a timetable that shows construction beginning in November. However, FEMA must approve the benefit/cost ratio before they release construction funds.

Schedule for adding gates to Lake Houston, first shown in July 2021. Also shown on 4/19/2022. Martin emphasized the schedule has not changed, but could.

Background of Project

At the peak of Harvey, 425,000 cubic feet per second (CFS) went over the dam’s spillway. That’s five times the average flow of Niagra Falls. Floodwater backed up so far that it flooded thousands of homes and businesses. It also killed 13 people in the Lake Houston Area, 12 of them in one retirement center.

The release of 80,000 CFS from Lake Conroe contributed almost a fifth of the water going over the spillway. Lake Conroe gates can release 150,000 CFS while Lake Houston’s can release only 10,000 CFS. The disparity in release capacity caused many to ask whether more gates on Lake Houston could reduce flooding.

Martin pointed out that when water gets high enough in Lake Houston, it can escape over a 2,000-foot-wide spillway. However, more gates could play a role in a pre-release strategy.

Pre-releasing water from Lake Houston in advance of major storms, as the City does now, creates extra capacity in the lake so that it can absorb more water without flooding homes and businesses. This strategy (coupled with the seasonal lowering of Lake Conroe) has worked effectively since Harvey and prevented flooding on more than one occasion.

Time Vs. Release Capacity Vs. Water Preservation

However, right now, it takes so long to release water from Lake Houston that storms can sometimes veer away and miss us after the lowering starts. Thus, water could be wasted. But bigger gates would let dam operators release the same volume of water in less time, so operators would not have to start releasing water so far in advance. In other words they would have a higher degree of confidence that the the storm would not veer away and that release was worthwhile.

Martin reassured people that:

  • Smaller (i.e., less costly) floodgates can lower Lake Houston sufficiently if given enough time
  • The lake usually refills quickly
  • Even if it doesn’t, the City can always call for the release of water from Lake Conroe.

We should know within a few months whether Black & Veatch, the engineering company leading the project, has succeeded in designing additional gates within the budget that meet all other objectives.

Staying on the schedule above will be ambitious. FEMA must approve the BCR before releasing money for construction.

Posted by Bob Rehak on April 21, 2022

1696 Days since Hurricane Harvey