A new floodwater detention basin that will ultimately more than double the capacity of Woodridge Village is expanding slowly but steadily. To date, 33,159 cubic yards have been excavated! The pictures below show progress since the start of work in late January.
First truckloads of of excavated material leave the southwest corner of the site on 1/27/22.Looking SW.Wider shot taken on same day looking NE looking in opposite direction. The new basin will eventually expand to cover most of the area within the road, tree-line on the left, and the ditch that bisects the property from left to right.Photo taken on 2/14/22 shows the excavation expanding. Looking SW.Four days later.2/18/22. Looking SW toward entrance.Another three days later, on 2/21/22.3/10/223/22/22 after a 2.26 inch rain.3/28/22. Looking NE.4/17/22. Looking SW.Basin will ultimately expand to green boundary.
Sprint has agreed to remove up to 500,000 Cubic Yards of dirt for only $1,000. However, it has the right to sell the dirt at market rates to make a profit. But the dirt can only elevate structures outside of current floodplains.
Three Months Into Contract, Beating the Minimums
When Perry Homes finished its planned floodwater detention basins, it had enough capacity to hold a hundred year rain as defined by pre-Atlas-14 standards. But capacity fell 40% short of Atlas-14 requirements.
The addition of the new detention basin should take capacity well beyond Atlas-14 requirements and create a safety margin that accommodates additional upstream development.
Excavation under an E&R contract can have ups and downs. When construction booms, excavation moves along quickly. But when construction slows, excavation can, too. However, the contract does have minimum excavation requirement of 10,000 cubic yards per month written into it.
At 36,000 cubic yards after roughly 2.5 months, Sprint exceeds the minimum. But if that rate continues, it could take another four years to reach 500,000 cubic yards.
At some point, the county may choose to step in and pay market rates for excavation to speed things up. But until then, every truckload hauled out of Woodridge Village by Sprint will reduce the ultimate cost.
Posted by Bob Rehak on 4/18/2022
1693 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/04/20220417-DJI_0241.jpg?fit=1200%2C799&ssl=17991200adminadmin2022-04-18 17:12:172022-04-18 17:20:21Progress Report New Woodridge Village Floodwater Detention Basin
Many of the Marina Drive Townhomes destroyed by Harvey were rented out. Even though the ground level flooded frequently, landlords in such situations would not have been required to disclose past flooding...until this year.
Floodplain Disclosure Requirement
The new law requires landlords to provide tenants with special notice if their structure is located in the 100-year floodplain designated by FEMA. The notice must also inform tenants that:
“Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding.”
“Most tenant insurance policies do not cover damages or loss incurred in a flood.”
“You should seek insurance coverage that would cover losses caused by a flood.”
Exception for Elevated Structures
However, the landlord is not required to tell tenants that the property is in the floodplain if the building has been elevated above it. Hmmmm. What about that vehicle in the parking lot?
Flood Disclosure Required…But Only If in Past 5 Years
Regardless of the floodplain status, if a building has flooded in the last five years, the landlord must disclose that to a prospective tenant. This five-year limitation, is one of the biggest flaws in the law, in my opinion. The landlord would currently not have to disclose flooding in the 1994, Allison, Ike, the May 25-27 floods in 2015, or the Tax Day and Memorial Day Floods in 2016. And come September, the landlord would not have to disclose flooding during Hurricane Harvey either.
Written Communication, Separate From Lease Required
However, if the landlord must provide notice, he/she must do it in separate written communication at/or before the signing of the lease.
“Substantial Loss” May Trigger Termination of Lease
If the landlord fails to provide the required notice AND if the tenant suffers a “substantial loss,” the tenant may terminate the lease within 30 days after flood damage occurred. The law defines substantial as 50% or more of the value of repairs to or replacement of the renter’s personal property – on the day the damage occurred.
Lease Termination Only Allowed For 30 Days
Another “but”: termination of the lease becomes effective when the tenant moves out, not at the time of damage.
Within another 30 days after the termination of the lease, the landlord must refund “all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease.”
Flooding No Excuse for Unpaid Rent
The new law does not affect “a tenant’s liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated.” So, in other words, if it takes you a full month to move your flood damaged possessions out after the flood, you would owe the landlord for that month.
I am not a lawyer and do not provide legal advice, but that’s how I read the law. Regardless of whether you are a landlord or a tenant, you should read it yourself and discuss it with your lawyer if you have questions.
Posted by Bob Rehak on 4/16/22 based on a tip from a reader
1691 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/07/Exterior-Parks-Home-1-e1650134710966.jpg?fit=1200%2C675&ssl=16751200adminadmin2022-04-16 13:32:072022-04-16 14:03:12Texas Now Has Flood Disclosure For Renters
McCabe has given ReduceFlooding.com permission to reproduce his letter. See below.
To the SJRA:
Thank you very much for the opportunity to respond to the Sand Trap Study you have formulated. I think your initial work is excellent and commend you on your data gathering. However, there are a few points I would like you to consider before proceeding.
As you know, my group worked very hard with TCEQ to establish Best Management Practices (BMPs) for Sand Miners in the San Jacinto watershed. This Rulemaking was approved in early 2022 and incorporated into 30 TAC Chapter 311, Subchapter J. Also approved was corresponding Regulatory Guidance document RG 555, implementing the BMP Rules.
Key Provision: Undisturbed Buffer Zones
A key provision of the Regulatory Guidance is:
“2.1.1 Vegetative Buffer Zones Vegetative buffer zones are continuous undisturbed or planted vegetated areas that surround a development, or land disturbance activity, or that border an intermittent stream or permanent water body. Buffer zones aid in sediment filtration and removal by slowing surface water flow through these areas. Disperse construction site runoff over the entire buffer zone if possible. A minimum 100-foot buffer zone is required adjacent to perennial streams greater than 20 feet wide, 50 feet for perennial streams less than 20 feet wide, and 35 feet for intermittent streams. Measure buffer zones from the stream bank to the nearest area of disturbance at the site.”
Study Recommendation is “Counterintuitive”
We had fought very hard to establish these buffer zones (at one time we had proposed buffer zones of 1,500 feet). The very essence of this provision was to KEEP the miners out of the San Jacinto riverbed. Now to go back and allow in-stream mining seems counter-intuitive to me.
Legal Complications of Waiving Buffer Zone
Additionally, I am not certain how you would get this buffer zone condition waived. HB 1824 issues a waiver per the Parks and Wildlife Code, Sec. 86.017. However, it does not address TCEQ regulation at 30 TAC Chapter 311(J), which was implemented AFTER HB 1824 was passed. You need to have your staff look at the interaction between the two conflicting provisions.
More Holistic Approach Needed
Before proceeding, I would suggest looking closely at Bob Rehak’s Holistic approach to reducing sedimentation, as outlined in one of his recent articles:
Revegetating riverbanks
Dredging more often where the sand builds up near the mouth of the West Fork
Dredging a channel through the mouth bar area
Reinforcing sand-mine dikes to withstand floods
Leaving more natural green space between mines and the river
Moving sand mine stockpiles out of floodway/floodplain areas
William McCabe, Lake Houston Area Grassroots Flood Prevention Initiative
If you have questions or comments on the SJRA’s Sediment Trap Proposal, please submit them via email to: floodmanagementdivision@sjra.net.
Deadline: No later than April 29, 2022
Posted by Bob Rehak on 4/15/22 based on a letter by Bill McCabe, Chairman of the Lake Houston Area Flood Prevention Initiative
1690 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/03/Screen-Shot-2022-03-27-at-6.28.40-PM.png?fit=1920%2C1206&ssl=112061920adminadmin2022-04-15 20:34:292022-04-15 20:34:33Lake Houston Area Flood Prevention Initiative Takes Position on SJRA Sand Trap Proposal
Progress Report New Woodridge Village Floodwater Detention Basin
A new floodwater detention basin that will ultimately more than double the capacity of Woodridge Village is expanding slowly but steadily. To date, 33,159 cubic yards have been excavated! The pictures below show progress since the start of work in late January.
Photos showing Progress
Harris County Flood Control District (HCFCD) announced the project on 11/24/2021. Excavation started on 1/27/22.
About Vendor’s Contract
The stormwater detention basin still has a long way to go before it reaches its ultimate size. HCFCD is excavating it under the terms of an E&R (Excavation and Removal) contract with Sprint Sand and Clay.
Sprint has agreed to remove up to 500,000 Cubic Yards of dirt for only $1,000. However, it has the right to sell the dirt at market rates to make a profit. But the dirt can only elevate structures outside of current floodplains.
Three Months Into Contract, Beating the Minimums
When Perry Homes finished its planned floodwater detention basins, it had enough capacity to hold a hundred year rain as defined by pre-Atlas-14 standards. But capacity fell 40% short of Atlas-14 requirements.
The addition of the new detention basin should take capacity well beyond Atlas-14 requirements and create a safety margin that accommodates additional upstream development.
Excavation under an E&R contract can have ups and downs. When construction booms, excavation moves along quickly. But when construction slows, excavation can, too. However, the contract does have minimum excavation requirement of 10,000 cubic yards per month written into it.
At 36,000 cubic yards after roughly 2.5 months, Sprint exceeds the minimum. But if that rate continues, it could take another four years to reach 500,000 cubic yards.
At some point, the county may choose to step in and pay market rates for excavation to speed things up. But until then, every truckload hauled out of Woodridge Village by Sprint will reduce the ultimate cost.
Posted by Bob Rehak on 4/18/2022
1693 Days after Hurricane Harvey
Texas Now Has Flood Disclosure For Renters
Several years ago, a new Texas law mandated flood disclosure for home buyers. Effective January 1, 2022, we now have a similar law for renters. The last legislature added a new section to the Texas Property Code: § 92.0135. But read the fine print. The law has some huge “qualifiers.”
Floodplain Disclosure Requirement
The new law requires landlords to provide tenants with special notice if their structure is located in the 100-year floodplain designated by FEMA. The notice must also inform tenants that:
Exception for Elevated Structures
However, the landlord is not required to tell tenants that the property is in the floodplain if the building has been elevated above it. Hmmmm. What about that vehicle in the parking lot?
Flood Disclosure Required…But Only If in Past 5 Years
Regardless of the floodplain status, if a building has flooded in the last five years, the landlord must disclose that to a prospective tenant. This five-year limitation, is one of the biggest flaws in the law, in my opinion. The landlord would currently not have to disclose flooding in the 1994, Allison, Ike, the May 25-27 floods in 2015, or the Tax Day and Memorial Day Floods in 2016. And come September, the landlord would not have to disclose flooding during Hurricane Harvey either.
A lady in the apartment complex pictured above flooded eight times in five years!
Written Communication, Separate From Lease Required
However, if the landlord must provide notice, he/she must do it in separate written communication at/or before the signing of the lease.
“Substantial Loss” May Trigger Termination of Lease
If the landlord fails to provide the required notice AND if the tenant suffers a “substantial loss,” the tenant may terminate the lease within 30 days after flood damage occurred. The law defines substantial as 50% or more of the value of repairs to or replacement of the renter’s personal property – on the day the damage occurred.
Lease Termination Only Allowed For 30 Days
Another “but”: termination of the lease becomes effective when the tenant moves out, not at the time of damage.
Within another 30 days after the termination of the lease, the landlord must refund “all rent or other amounts paid in advance under the lease for any period after the effective date of the termination of the lease.”
Flooding No Excuse for Unpaid Rent
The new law does not affect “a tenant’s liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated.” So, in other words, if it takes you a full month to move your flood damaged possessions out after the flood, you would owe the landlord for that month.
I am not a lawyer and do not provide legal advice, but that’s how I read the law. Regardless of whether you are a landlord or a tenant, you should read it yourself and discuss it with your lawyer if you have questions.
Posted by Bob Rehak on 4/16/22 based on a tip from a reader
1691 Days since Hurricane Harvey
Lake Houston Area Flood Prevention Initiative Takes Position on SJRA Sand Trap Proposal
Bill McCabe of the Lake Houston Area Flood Prevention Initiative submitted this letter in response to the SJRA’s Request for Public Input on its Sediment Removal and Sand Trap Pilot Study proposal. He raises a concern that no one else has so far: The proposal may run afoul of the recently adopted Best Management Practices for Sand Mining in the San Jacinto River Watershed. The essence of the study’s recommendation: allow sand miners to remove sediment from the point bars outside mines. However, the BMPs stipulate undisturbed buffer zones between mines and the river.
McCabe has given ReduceFlooding.com permission to reproduce his letter. See below.
To the SJRA:
Thank you very much for the opportunity to respond to the Sand Trap Study you have formulated. I think your initial work is excellent and commend you on your data gathering. However, there are a few points I would like you to consider before proceeding.
As you know, my group worked very hard with TCEQ to establish Best Management Practices (BMPs) for Sand Miners in the San Jacinto watershed. This Rulemaking was approved in early 2022 and incorporated into 30 TAC Chapter 311, Subchapter J. Also approved was corresponding Regulatory Guidance document RG 555, implementing the BMP Rules.
Key Provision: Undisturbed Buffer Zones
A key provision of the Regulatory Guidance is:
“2.1.1 Vegetative Buffer Zones Vegetative buffer zones are continuous undisturbed or planted vegetated areas that surround a development, or land disturbance activity, or that border an intermittent stream or permanent water body. Buffer zones aid in sediment filtration and removal by slowing surface water flow through these areas. Disperse construction site runoff over the entire buffer zone if possible. A minimum 100-foot buffer zone is required adjacent to perennial streams greater than 20 feet wide, 50 feet for perennial streams less than 20 feet wide, and 35 feet for intermittent streams. Measure buffer zones from the stream bank to the nearest area of disturbance at the site.”
Study Recommendation is “Counterintuitive”
We had fought very hard to establish these buffer zones (at one time we had proposed buffer zones of 1,500 feet). The very essence of this provision was to KEEP the miners out of the San Jacinto riverbed. Now to go back and allow in-stream mining seems counter-intuitive to me.
Legal Complications of Waiving Buffer Zone
Additionally, I am not certain how you would get this buffer zone condition waived. HB 1824 issues a waiver per the Parks and Wildlife Code, Sec. 86.017. However, it does not address TCEQ regulation at 30 TAC Chapter 311(J), which was implemented AFTER HB 1824 was passed. You need to have your staff look at the interaction between the two conflicting provisions.
More Holistic Approach Needed
Before proceeding, I would suggest looking closely at Bob Rehak’s Holistic approach to reducing sedimentation, as outlined in one of his recent articles:
https://reduceflooding.com/2022/03/27/sjra-seeks-public-input-on-sediment-trap-proposal/
Yours truly,
William McCabe, Lake Houston Area Grassroots Flood Prevention Initiative
If you have questions or comments on the SJRA’s Sediment Trap Proposal, please submit them via email to: floodmanagementdivision@sjra.net.
Deadline: No later than April 29, 2022
Posted by Bob Rehak on 4/15/22 based on a letter by Bill McCabe, Chairman of the Lake Houston Area Flood Prevention Initiative
1690 Days since Hurricane Harvey