The month after Woodridge Village flooded Elm Grove Village and North Kingwood Forest for the first time in May, 2019, the TCEQ investigated construction practices there. In the ensuing months, six investigations found 13 violations on the Woodridge site.
Correctly identify receiving waters for the discharge
Implement and maintain effective best management practices.
On TCEQ Commissioners Docket for September 9
Item 29 on their docket reads:
No. 2019-1513-WQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Double Oak Construction, Inc. in Montgomery County; RN110478583; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60.
Water samples taken by the investigators showed that at the outfall:
Total Suspended Solids were 70 times higher compared to upstream
Total Dissolved Solids were almost 18 times higher.
Double Oak had been hired to clear and grub the site. That means removing trees and roots.
Unchecked erosion from site polluted water downstream with suspended solids 70 times higher than upstream.Abel Vera had to grab his car to avoid slipping in ankle-deep sediment on Village Springs. Vera lives next to Woodridge.
Definition of Agreed Order
This enforcement action by the TCEQ falls into a category called an “Agreed Order.” A website called USLegal.com defines an agreed order as: “An Agreed Order refers to a written agreement submitted by the parties to a case resolving the issues between them. Once the agreed order is approved by the court and entered in its minutes, it becomes the order or decree of the court with all of the force and effect that any order would have after a full hearing prior to adjudication.”
However, they add: “…until then, an ‘agreed order’ is no order at all, but merely an agreement of the parties. It has no significance … until a judicial … decision gives it significance.” TCEQ Commissioners will take that step on September 9.
Double Oak Penalties Unclear
Documents supplied in response to a FOIA request did not discuss what the penalties might entail for Double Oak. The company left the construction site long ago. It has since been sold to Harris County Flood Control and the City of Houston for a regional stormwater detention basin and sewage treatment plant. So it’s not as if Double Oak can make good by simply agreeing to clean up its act.
Typically, such cases involve a modest fine. The significance in this case: Double Oak apparently is admitting wrongdoing before a decision or settlement has been reached in hundreds of homeowner lawsuits downstream. More on those at a later date.
1463 Days after Hurricane Harvey and 712 Days since Imelda
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/2019/05/ElmGroveFlood_15_01.jpg?fit=1500%2C1000&ssl=110001500adminadmin2021-08-31 19:24:382021-08-31 19:32:47TCEQ Commissioners to Consider Agreed Order With Double Oak Construction on Woodridge Village Enforcement Action
Judge Mays dismissed the case WITH PREJUDICE FOR WANT OF JURISDICTION.
Meaning of “With Prejudice” and “Want of Jurisdiction”
“With prejudice” means that the plaintiff cannot refile charges in another court. Basically, the court is saying that it found the case meritless. One lawyer told me, “It’s like saying, ‘Don’t waste the court’s time anymore.'”
The massive floodgates on Lake Conroe (above) have 15X the release capacity of Lake Houston’s. The seasonal lake lowering program was conceived in part as a way to give Lake Houston more time to shed water in advance of major storms.
Re: Plea to the Jurisdiction, according to the website Houston Courts and Cases, “In Texas…A plea to the jurisdiction can challenge either the sufficiency of the plaintiff’s pleadings or the existence of jurisdictional facts.”
The ruling means that the SJRA’s Seasonal Lake Lowering Plan may remain in effect.
Purpose of Lake Lowering Plan
The Seasonal Lake-Lowering Plan was conceived shortly after Harvey as a way to provide an extra measure of flood protection for the Lake Houston Area while it implemented other flood-mitigation measures such as dredging and additional gates for the Lake Houston spillway. By creating extra storage capacity within Lake Conroe during the wettest months of the year, the SJRA hoped to reduce the risk associated with another massive release like the 79,000 cubic feet per second during Harvey. By itself, that was the ninth largest flood in West Fork history.
2800 Pages of Legal Briefs Come to a 102-Word End
The Lake Conroe Association pulled out the stops for this lawsuit. It filed approximately 2800 pages of legal briefs in four months, ran out of money, and started begging with residents to donate more so it could continue the fight. Today’s ruling will put an end to that.
Reality repeatedly contradicted the LCA’s factual claims. LCA claimed:
Home values around Lake Conroe would plummet because of the plan. They increased.
The school district would run out of money. It didn’t.
Nature would not be able to recharge the lake after a lowering. It did. Repeatedly.
Lake Conroe was not conceived as a flood-control lake. Flood control is a key element of SJRA’s charter.
The lowering would not help protect people in the Lake Houston Area. It did.
The City of Houston committed fraud … by calling for the release of its own water.
In contrast to (or maybe because of) the 2800 pages of legal briefs, today’s court order was mercifully brief – 102 words.
“On this 30th day of August, 2021, came on before the Court San Jacinto River Authority’s Plea to the Jurisdiction, and after considering same, all Answers, Responses, Replies, pleadings, stipulations, evidence, affidavits and attachments filed by the parties, all statutory and caselaw authorities, and all arguments relating thereto, the Court was of the opinion that the following Order should be entered; it is therefore ORDERED, ADJUDGED AND DECREED that San Jacinto River Authority’s Plea to the Jurisdiction be, and it is hereby, GRANTED AND SUSTAINED, and that the above Cause be, and it is hereby, DISMISSED WITH PREJUDICE FOR WANT OF JURISDICTION.”
Now a Meaningful Dialog Can Begin
I’m sure this must come as a bitter blow for some residents of Lake Conroe who supported the long court battle. But perhaps some good will come from the clarity that now exists.
Hopefully, this will open the door to reasonable people who wish to craft a long-term joint management plan for both Lake Conroe and Lake Houston. The people of this region are inextricably bound together by the need to balance water and flood control. Perhaps now we can start a meaningful dialog that addresses both.
Posted by Bob Rehak on 8/30/2021
1162 Days since Hurricane Harvey
00adminadmin2021-08-30 15:56:522021-08-30 15:59:58MoCo Judge Dismisses Lake Conroe Association Lawsuit Against SJRA With Prejudice
The forecasts turned out to be accurate. According to Jeff Lindner, Harris County meteorologist, “Hurricane Ida made landfall at 11:55 am today at Port Fourchon, LA with sustained winds of 150 mph and a central pressure of 930mb.” Storm surge at the coast is 12 feet above ground level.
Image from RadarScope Pro from KLIX New Orleans Radar.
Wind Reports
Although Ida’s extreme winds are confined to the inner eyewall, aircraft data indicate that hurricane-force winds extend outward about 45 nautical miles to the northeast of the center. Based on buoy data the tropical-storm-force wind field extends outward about 130 nautical miles northeast of the center. Here are some readings as of 1PM Sunday 8/29/2021.
Grand Isle: 146mph (unconfirmed)
Port Fourchon: 153mph (unconfirmed ship)
West Delta Oil Platform: 149mph (elevated just off the coast)
Wind Forecast
For those with friends and relatives in Louisiana who did not evacuate, the National Weather Service predicts that winds will remain over 100 mph for the next 12 hours, decrease to 60 within 24 hours, the drop to 35 mph within 36 hours. Damaging wind gusts are expected in metropolitan New Orleans.
Misery Not Yet Over
The storm should follow this track.
Ida’s track will take it over portions of Tennessee severely damaged by flash flooding last weekend.
Large portions of SE Louisiana could see 15-20 inches of rain.
Most of the state has a moderate to high risk of flash flooding.
“Ida will continue to produce heavy rainfall today through Monday across the central Gulf Coast from southeast Louisiana, coastal Mississippi, and far southwestern Alabama, resulting in considerable to life-threatening flash and urban flooding and significant river flooding impacts,” says the NHC. “As Ida moves inland, significant flooding impacts are possible across portions of the Lower Mississippi, Tennessee Valley, Upper Ohio Valley, Central Appalachians and the Mid-Atlantic through Wednesday.”
Storm Surge
Storm surge has deadly potential along the coast. NHC calls it, “Extremely life-threatening.” And they say, “Overtopping of local levees … is possible.”
Surge recorded so far:
East Bank Mississippi River (South of New Orleans): 12.15ft (AGL)
Shell Beach: 7.51ft (AGL)
Grand Isle: 6-8 ft (AGL)
Thus far all federal levee protection and floodgates/walls are preforming as expected. Catastrophic impacts will continue inland over southeast Louisiana into tonight.
I was planning on doing a 4-year retrospective on Harvey today, but will postpone that out of deference to the suffering east of us. Thoughts and prayers for our neighbors who provided so much help in our hour of need.
Posted by Bob Rehak on 8/29/2021 based on information from NHC and HCFCD
1161 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/08/Attachment-1.png?fit=1242%2C2454&ssl=124541242adminadmin2021-08-29 14:32:082021-08-29 14:49:23Cat-4 Ida Hits Louisiana with 150 MPH Winds and 12-Foot Storm Surge
TCEQ Commissioners to Consider Agreed Order With Double Oak Construction on Woodridge Village Enforcement Action
The month after Woodridge Village flooded Elm Grove Village and North Kingwood Forest for the first time in May, 2019, the TCEQ investigated construction practices there. In the ensuing months, six investigations found 13 violations on the Woodridge site.
More than two years later, the charges against Double Oak Construction will finally be heard by TCEQ Commissioners in their September 9 meeting. This is basically a water quality case that has to do with pollution of Taylor Gully, the San Jacinto East Fork and Lake Houston. Charges include failure to:
On TCEQ Commissioners Docket for September 9
Item 29 on their docket reads:
No. 2019-1513-WQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Double Oak Construction, Inc. in Montgomery County; RN110478583; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60.
Water samples taken by the investigators showed that at the outfall:
Double Oak had been hired to clear and grub the site. That means removing trees and roots.
Definition of Agreed Order
This enforcement action by the TCEQ falls into a category called an “Agreed Order.” A website called USLegal.com defines an agreed order as: “An Agreed Order refers to a written agreement submitted by the parties to a case resolving the issues between them. Once the agreed order is approved by the court and entered in its minutes, it becomes the order or decree of the court with all of the force and effect that any order would have after a full hearing prior to adjudication.”
However, they add: “…until then, an ‘agreed order’ is no order at all, but merely an agreement of the parties. It has no significance … until a judicial … decision gives it significance.” TCEQ Commissioners will take that step on September 9.
Double Oak Penalties Unclear
Documents supplied in response to a FOIA request did not discuss what the penalties might entail for Double Oak. The company left the construction site long ago. It has since been sold to Harris County Flood Control and the City of Houston for a regional stormwater detention basin and sewage treatment plant. So it’s not as if Double Oak can make good by simply agreeing to clean up its act.
Typically, such cases involve a modest fine. The significance in this case: Double Oak apparently is admitting wrongdoing before a decision or settlement has been reached in hundreds of homeowner lawsuits downstream. More on those at a later date.
For More Information
For more on what led to the lawsuits, see:
Elm Grove Residents Look for Answers and Don’t Have to Look Far
What Went Wrong Part 1
What Went Wrong Part 2
What Went Wrong Part 3
What Went Wrong Part 4
What Went Wrong Part 5
Posted by Bob Rehak on 8/31/2021
1463 Days after Hurricane Harvey and 712 Days since Imelda
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.
MoCo Judge Dismisses Lake Conroe Association Lawsuit Against SJRA With Prejudice
Judge Michael Mayes of the 284th Judicial District Court in Montgomery County filed an order today dismissing the Lake Conroe Association (LCA) lawsuit against the San Jacinto River Authority (SJRA). But the most significant part of the dismissal was the way he did it.
Meaning of “With Prejudice” and “Want of Jurisdiction”
“With prejudice” means that the plaintiff cannot refile charges in another court. Basically, the court is saying that it found the case meritless. One lawyer told me, “It’s like saying, ‘Don’t waste the court’s time anymore.'”
Re: Plea to the Jurisdiction, according to the website Houston Courts and Cases, “In Texas…A plea to the jurisdiction can challenge either the sufficiency of the plaintiff’s pleadings or the existence of jurisdictional facts.”
In April 2021, the Judge dismissed the case against the City of Houston for want of jurisdiction, but the case against the SJRA remained active until today.
Purpose of Lake Lowering Plan
The Seasonal Lake-Lowering Plan was conceived shortly after Harvey as a way to provide an extra measure of flood protection for the Lake Houston Area while it implemented other flood-mitigation measures such as dredging and additional gates for the Lake Houston spillway. By creating extra storage capacity within Lake Conroe during the wettest months of the year, the SJRA hoped to reduce the risk associated with another massive release like the 79,000 cubic feet per second during Harvey. By itself, that was the ninth largest flood in West Fork history.
2800 Pages of Legal Briefs Come to a 102-Word End
The Lake Conroe Association pulled out the stops for this lawsuit. It filed approximately 2800 pages of legal briefs in four months, ran out of money, and started begging with residents to donate more so it could continue the fight. Today’s ruling will put an end to that.
Reality repeatedly contradicted the LCA’s factual claims. LCA claimed:
In contrast to (or maybe because of) the 2800 pages of legal briefs, today’s court order was mercifully brief – 102 words.
“On this 30th day of August, 2021, came on before the Court San Jacinto River Authority’s Plea to the Jurisdiction, and after considering same, all Answers, Responses, Replies, pleadings, stipulations, evidence, affidavits and attachments filed by the parties, all statutory and caselaw authorities, and all arguments relating thereto, the Court was of the opinion that the following Order should be entered; it is therefore ORDERED, ADJUDGED AND DECREED that San Jacinto River Authority’s Plea to the Jurisdiction be, and it is hereby, GRANTED AND SUSTAINED, and that the above Cause be, and it is hereby, DISMISSED WITH PREJUDICE FOR WANT OF JURISDICTION.”
Now a Meaningful Dialog Can Begin
I’m sure this must come as a bitter blow for some residents of Lake Conroe who supported the long court battle. But perhaps some good will come from the clarity that now exists.
Hopefully, this will open the door to reasonable people who wish to craft a long-term joint management plan for both Lake Conroe and Lake Houston. The people of this region are inextricably bound together by the need to balance water and flood control. Perhaps now we can start a meaningful dialog that addresses both.
Posted by Bob Rehak on 8/30/2021
1162 Days since Hurricane Harvey
Cat-4 Ida Hits Louisiana with 150 MPH Winds and 12-Foot Storm Surge
The forecasts turned out to be accurate. According to Jeff Lindner, Harris County meteorologist, “Hurricane Ida made landfall at 11:55 am today at Port Fourchon, LA with sustained winds of 150 mph and a central pressure of 930mb.” Storm surge at the coast is 12 feet above ground level.
Wind Reports
Although Ida’s extreme winds are confined to the inner eyewall, aircraft data indicate that hurricane-force winds extend outward about 45 nautical miles to the northeast of the center. Based on buoy data the tropical-storm-force wind field extends outward about 130 nautical miles northeast of the center. Here are some readings as of 1PM Sunday 8/29/2021.
Grand Isle: 146mph (unconfirmed)
Port Fourchon: 153mph (unconfirmed ship)
West Delta Oil Platform: 149mph (elevated just off the coast)
Wind Forecast
For those with friends and relatives in Louisiana who did not evacuate, the National Weather Service predicts that winds will remain over 100 mph for the next 12 hours, decrease to 60 within 24 hours, the drop to 35 mph within 36 hours. Damaging wind gusts are expected in metropolitan New Orleans.
Misery Not Yet Over
The storm should follow this track.
“Ida will continue to produce heavy rainfall today through Monday across the central Gulf Coast from southeast Louisiana, coastal Mississippi, and far southwestern Alabama, resulting in considerable to life-threatening flash and urban flooding and significant river flooding impacts,” says the NHC. “As Ida moves inland, significant flooding impacts are possible across portions of the Lower Mississippi, Tennessee Valley, Upper Ohio Valley, Central Appalachians and the Mid-Atlantic through Wednesday.”
Storm Surge
Storm surge has deadly potential along the coast. NHC calls it, “Extremely life-threatening.” And they say, “Overtopping of local levees … is possible.”
Surge recorded so far:
East Bank Mississippi River (South of New Orleans): 12.15ft (AGL)
Shell Beach: 7.51ft (AGL)
Grand Isle: 6-8 ft (AGL)
Thus far all federal levee protection and floodgates/walls are preforming as expected. Catastrophic impacts will continue inland over southeast Louisiana into tonight.
I was planning on doing a 4-year retrospective on Harvey today, but will postpone that out of deference to the suffering east of us. Thoughts and prayers for our neighbors who provided so much help in our hour of need.
Posted by Bob Rehak on 8/29/2021 based on information from NHC and HCFCD
1161 Days since Hurricane Harvey