TCEQ Again Cites Colony Ridge for Lack of Pollution Controls

This morning, the Texas Commission on Environmental Quality (TCEQ), notified me that they again cited the controversial Colony Ridge development in Liberty County for lack of pollution controls.

In early June, TCEQ reprimanded Colony Ridge after eight separate investigations into its construction practices. Last October, TCEQ said Colony Ridge construction practices had a “reasonable likelihood of endangering human health.” This new investigation showed the developer and its contractor, D. Burton Construction LLC, had still not implemented best management practices as required by regulations and the company’s own stormwater pollution prevention plan. To see aerial photos of that I took of the area under investigation in late May, click here.

Area of investigation. The dotted triangle in the lower left is the northeastern tip of Harris County.

For the full 185-page TCEQ report, click here. For a summary of the contents and findings, read below.

Summary of Findings: Investigation #1736609

On June 15, 2021, the investigator found active construction along Long Branch Creek. He noted that the slopes of the creek were not stabilized. He also found un-stabilized sediment piles along the banks of the creek, a damaged silt fence, and an unstabilized drainage channel. Additionally, the slopes of Long Branch Creek were also un-stabilized.

Continuing north into Section 12, the investigator noted more un-stabilized sediment piles on the edges of un-stabilized drainage ditches connected to Long Branch Creek. The slopes of Long Branch Creek were also un-stabilized in Section 12. While documenting active land clearing, the investigator noted an unprotected tributary that flows into Tarkington Bayou.

After reviewing the site’s stormwater pollution prevention plan, the investigator determined that Section 12 did not have erosion control measures installed as prescribed.

TCEQ Investigation #1736609

The investigation confirmed lack of best management practices at the construction site. One alleged violation was issued: Failure to install minimum controls.

From Attachment 4, “Unstabilized slopes in Long Branch Creek. Unstabilized sediment piles on the banks of Long Branch Creek.”
More unstabilized slopes and unstabi­lized sediment piles leading to Long Branch Creek from Attachment 4.

As per the Construction General Permit (CGP), D. Burton Construction LLC was required to “design install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants” and to document compliance with the stormwater pollution prevention plan (SWPPP).

That part of the document takes up the first four pages.

Supporting Documentation

A series of attachments make up the the next 181 pages.

  • Attachment 1: Vicinity Map
  • Attachment 2: TCEQExit Interview sent on June 24, 2021
  • Attachment 3: Permit Information
  • Attachment 4: Investigation Photographs
  • Attachment 5: Photo Locations Map
  • Attachment 6: Flyover Photographs
  • Attachment 7: Records Request Sent on June 16, 2021
  • Attachment 8: Response to Records Request

Purpose of SWPPP and Control Measures

The primary purpose of erosion control is to protect surface waters. To do that, TCEQ says contractors should protect slopes and channels.

“Convey concentrated storm water runoff around the top of slopes and stabilize slopes as soon as possible. This can be accomplished using pipe slope drains or earthen berms or other flow controls that will convey runoff around the exposed slope.”

“Avoid disturbing natural channels and the vegetation along natural channels, if possible.”

TCEQ

The SWPPP also contains a lengthy discussion of erosion and sediment controls beginning on page 78. I recommend it for anyone who thinks he/she may be receiving eroded sediment from a construction site.

Soil Report Largely Consistent with Earlier Findings Showing Need for Detention Ponds

Starting on page 128, you can also read an extensive custom soil report from the USDA Natural Resource Conservation Service.

It shows extensive wetlands in the area under development and low-permeability soils, consistent with the soils I reported on December 20 of last year. The soils are also consistent with all the ponding shown on the map above.

They suggest this area will have a high amount of runoff after development. Little water will sink into the soils. And that could increase downstream flooding, unless the developer installs sufficient detention pond capacity.

Colony Ridge is in Liberty County. But if Harris County guidelines applied, they call for .55 acre feet of detention capacity per acre (for developments greater than 640 acres). Thus, if the area under development is 1200 acres, that would call for 660 acre feet of detention ponds (or 100 acres – six and a half feet deep). I saw nothing that large during my last flyover at the end of May.

Downstream Impacts

The rivers of mud previously documented coming out of Colony Ridge have impacted Tarkington Bayou, Luce Bayou, Rocky Branch, Long Branch, and the East Fork San Jacinto. Eroded sediment from this area is likely contributing to the giant mouth bar now setting up on the East Fork. That will cost the City of Houston tens of millions of dollars to dredge.

It’s not clear at this time whether the developer has improved his erosion-control measures. Two calls to the TCEQ have not yet been returned.

Posted by Bob Rehak on 9/3/2021 based on TCEQ Investigation #1736609

1466 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.

Izzy Hedges Bets; Applies for Flood Control Exec Director Job, Too

Yesterday, my weird nephew Izzy informed me that he was applying for the job of Harris County Deputy County Administrator for Infrastructure and Resilience. Nothing I said could deter him. What the kid lacks in common sense, he makes up for with stupidity.

The job description for the new Harris County Flood Control District Executive Director does not require an engineering degree. That’s why nephew Izzy is applying for this job too.

Backup Plan for Deputy County Administrator Job

But this morning, he called again. “Hey, Uncle Bob. Got me a backup plan.”

Maybe I was wrong about him. “Glad you didn’t quit your night job down at the Crystal Pistol, Izzy.”

“My thoughts, presactly,” he said. “Momma done told me, ‘Always get a new job before you quit your old one.'”

“Smart woman, that Yolanda Rae. So what’s your backup plan? Wal-Mart?”

“No Uncle Bob. Executive Director of the Harris County Flood Control District.”

Izzy Has Great Expectations

“Gotta hand it to you, Izzy. You set your sights high!”

“Got to Uncle Bob. One of the dancers down at the Crystal Pistol started flirting with me. She might be the one.”

“THIS time,” I mumbled. Izzy has already been married three times at age 32.

“I’m serious. She makes me want to settle down. I need to find a job that pays more than $8 per hour. And I need more than bar mix and beer nuts for fringe benefits.”

“I didn’t think beer nuts were your main benefit down at the Crystal Pistol.”

Izzy Meets Qualifications For This Job, Too

“Well, you got me there, Uncle Bob. But these dancers…they don’t take you seriously when you show up for a date on your bicycle.”

“What makes you think you’re qualified for this job, Izzy?” I asked as I quickly looked up the requirements for this new job online.

“First off, I only need a bachelor’s degree, which I got.”

“True, but I see many more requirements.

“And I got a driver’s license. That’s another big skill they want. I just ain’t got a car.”

“That’s true, too,” I say. “But it says here, ‘Excellent communication skills needed.'”

Izzy shot back. “You ever had to keep the orders straight for 20 drunks?”

He had me there. “No Izzy, I imagine that takes some skill. And then there’s the experience in ‘end-to-end program design.’ You have that?”

“Yeah, I put together our first chorus line down at the club…in my spare time. Just like the Rockettes. It was so popular, the manager, he laid a $10 bonus on me.”

“But what about this “experience in working with government agency personnel?”

“Hell, who do you think our customers are? We got one back room reserved for City Hall and another for the County crew.”

Izzy Has Answer for Everything

“But Izzy, you’d be responsible for managing more than 350 employees.”

“Simple. Get a time clock to track ’em. If I have to punch one, they can, too.”

“And you’d be responsible for managing hundreds of contractors.”

“I imagine they got plenty of good swag! Frankly, I could use some more coffee mugs. I haven’t washed dishes in two months.”

“Izzy, I don’t think you get it. You’d be responsible for managing $5 billion.”

“That’s the big attraction, Uncle Bob. I really need the money.”

“You don’t get to keep it all for yourself, Izzy. You have to pay it to other people.”

“That sounds un-American to me, Uncle Bob. I’d have to look into that. It just don’t sound right.”

Trying to Recalibrate Izzy’s Expectations

“Izzy, why don’t you look for something more in tune with your assets and abilities?”

“What assets, Uncle Bob?” He had me there.

“Did you ever think of becoming say…a party planner? You’d be good at that.”

“That’s kinda how I see this whole Harris County deal. They got billions of dollars from the Feds, the State and taxes rolling in, Uncle Bob. With that kind of bank, we can keep the party going for years.”

Or until the next election. Look Izzy, a typical executive search takes 4-8 months. They’re doing this in a month. That should tell you something. Don’t you think they wrote the job specs to fit someone they already have in mind? They’re probably looking for someone who can help them solve political problems more than technical problems.”

“Ya think, Uncle Bob?”

“Why else would they hire someone with only a bachelor’s, but no engineering degree, to supervise hundreds of engineers?”

Uncle Bob

Maybe Izzy has a real shot at this job after all.

Here are the full specs if you would like to apply or read them after Harris County has taken the listing down.

Posted by Bob Rehak on 9/2/2021

1465 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.

Nephew Izzy A Shoe-in for Deputy County Administrator Job

My weird nephew Izzy called me the other day. He was so excited, he could barely contain himself and probably didn’t. Thankfully, it wasn’t a video call.

Our family knows Izzy as the guy who’s ten cents short of a dime. Izzy graduated from college with the lowest possible grades you could get and still earn a bachelor’s degree. He managed to cram four years of college into seven years. Luckily, extracurricular activities helped land him a job as a bartender at the notorious Crystal Pistol.

Job Description and Benefits Have Izzy in Tizzy

I asked what had him so excited. His manager told him about a job listing for “Deputy County Administrator-Resilience and Infrastructure.”

Harris County from over I-10 looking west at downtown Houston and the I-69 split.

I quickly looked it up and couldn’t believe my eyes. It required only a bachelor’s degree and reportedly paid well into six figures. After ten years, Izzy is still trying to get into the two figure bracket.

Izzy has a hard time managing his bubble-gum budget. And the county job entails supervising the expenditure of billions of dollars. But Izzy swore he could do it. “Already got me a pocket calculator, Uncle Bob,” he said confidently.

“It’s good to think ahead, Izzy,” I said trying to encourage him, but not quite sure what to say. As I continued to browse through the job requirements…

Imagine my surprise when I learned that you did not need an engineering degree to supervise hundreds of engineers in the County Engineers Department, Flood Control District and Toll Road Authority.

Neither do you need any accounting experience to manage the $800 million per year that the Toll Road Authority brings in – or the $5 billion flood bond. But you do need to know how to operate a telephone. Seriously. That’s why Izzy figured he was a shoe-in.

Undaunted, Izzy pointed out that the job comes with a desk chair. Not to mention other benefits, including:

  • Dental
  • Vision
  • Life Insurance
  • Long-term disability
  • 10 days of vacation each year for the first five (5) years of service
  • 10 county holidays plus one (1) floating holiday
  • Dependent Care Reimbursement

Dependent care really rang his chimes. Even though Izzy is only 32, he pays child support for eight kids. But even with that, dependent care is not the biggest attraction for my nephew.

Izzy would get to ride Metro for free. That appealed because riding his bike to work has its drawbacks in August and September. He can only afford to wash his uniform once a week. No wonder the manager referred him to the County job!

The Resilient Izzy

But Izzy as usual saw the bright side. “Hey, it’s an online application. I won’t even have to buy deodorant.”

Reviewing more job requirements, I asked Izzy if he was certain he could solve “complex operational and structural challenges.” 

“Damn straight,” he fired back. “I can pour drinks with both hands and feet tied behind my back without spilling a drop. Show me another bartender that can do that!” I wasn’t going to argue the point with Izzy. I figured, at a minimum, his attitude could teach Harris County a thing or two about resilience.

“But do you have the ability to ‘thrive in ambiguity,’ Izzy?”

“What’s ambiguity?”

“That’s where your boss doesn’t tell you what to do,” I said.

He exploded with enthusiasm. “Damn! This job was MADE for me,” he shouted!

Interfacing with Local Officials

“It also says here you’d have to interface with local officials.”

“Hell, I know half of ’em from down at the Crystal Pistol,” he said. “That’s where you really get things done. In the back room.”

Izzy had an answer for everything. I was beginning to think he just might have the right stuff for the job.

Undaunted, I pointed out that he needed five years of supervisory experience.

“I’ve been supervising the dancers at the club longer than that!” he said with a smile that I could hear over the phone. “What else? Give me something harder.”

“Says here you need five years of experience designing, managing, constructing or operating major infrastructure projects.”

Izzy Plugs His Infrastructure Experience

Izzy fell silent. After a long, thoughtful moment, he said, “Well, I spend half of each shift in the bathroom and the other half on the phone. So yeah, I got experience operating major infrastructure systems.”

At this point, Izzy had exhausted me. So I said “Go head. Send in your resume.”

“What’s a resume, Uncle Bob?”

It will be tough to beat Izzy’s qualifications for this job, but if you’re interested, hurry. Applications close September 6th.

I didn’t have the heart to tell Izzy that they likely already have someone specific in mind for the job. Why else would you write a job description that involves managing half the county and fits Nephew Izzy?

Posted by Bob Rehak on 9/1/2021

1464 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.