Harris County Flood Control District (HCFCD) contractors have completed removal of virtually another 10,000 cubic yards of sediment that had accumulated in Bens Branch between Rocky Woods Drive and Kingwood Drive. While a little cleanup work and equipment removal remains, we can call this job “well done.”
Scope of Work Completed
HCFCD widened and deepened half mile stretch of the creek/ditch. Flood Control also re-sloped the banks, straightened the flow lines, replaced backslope interceptor drains, restored the original conveyance of the ditch, and replanted grass.
Tens of Millions in Nearby Damages during Harvey
During Harvey, dozens of homes flooded along both sides of this channelized stream. So did Kingwood High School and the old H-E-B shopping center north of Kingwood Drive. The shopping center is still mostly vacant because of flood damage. And the Humble ISD spent $70 million to restore Kingwood High School which flooded to the second floor.
Approximately 1000 Truckloads of Sediment Removed
Given that your average dump truck holds about 10 cubic yards, contractors removed about a 1000 truckloads of sediment during this phase of the Bens Branch project.
The first photo below was taken in January before the start of the project. I shot the rest on April 16.
Bens Branch at Rocky Woods in January 2021 before start of clean-out project.Bens Branch at Rocky Woods after completion of project on April 16, 2021. The greenish tinge on the slopes is hydro mulch. Hydro mulch is grass seed embedded in a gelatin which can be sprayed on the slopes. Nutrients in the gelatin help ensure that grass will begin to grow in the least amount of time possible, hopefully before heavy rains can erode the slopes.In fact, new grass shoots are already poking out of this ground. This new drain at Laurel Garden replaces one that had collapsed and become almost totally blocked. The average service life of galvanized corrugated metal pipe is up to 40 years.New entrance to drain behind maintenance road on side of ditch.Note the warning. Waste dumped in these drains blocks them and contributes to neighborhood flooding. Even if waste does not block the drain, it can wind up in Lake Houston or Galveston Bay.Looking back upstream toward the new drain at Laurel Garden.This shot dramatizes the proximity of Kingwood High School to the ditch. Looking downstream. Notice Lake Houston in the background in the upper left.Looking upstream from Town CenterLooking downstream from the middle of the Bens Branch project toward Town Center.Only removal of the temporary crossing and three pieces of equipment (lower left) remain.Every building in the background flooded during Harvey.
No More Bens Branch Projects Scheduled At This Time
This was the fourth and final phase of Bens Branch restoration. Previous projects addressed Bens Branch from:
HCFCD says it has no plans at this time to address the portion from the Y to the West Fork near Kings Harbor.
No one can guarantee that this work will prevent a future flood, but it will certainly make one less likely.
Thanks to the women and men of HCFCD and their contractors who kept the Bens Branch project moving through the pandemic. And to the US Department of Agriculture’s National Resources Conservation Service which provided partial funding.
Thanks also to the Bear Branch Trail Association, Kingwood Service Association and Kings Forest CA. All helped provide access to the project area across their property.
Onward to other projects such as Woodridge Village Detention, Taylor Gully restoration, and Diversion Ditch expansion. More on those in future posts.
Posted by Bob Rehak on April 17, 2021
1328 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/04/20210416-DJI_0406.jpg?fit=1200%2C900&ssl=19001200adminadmin2021-04-17 11:26:412021-04-19 12:56:36HCFCD Completes Removal of Another 10,000 Cubic Yards From Bens Branch
HB767 by Dan Huberty would require the TCEQ to establish best practices for sand mines and publish them on its website. Right now, Texas is one of the few states that doesn’t have a codified set of best practices. Granted, though, some are embodied in the terms of permits and federal laws. But the public never sees these. And many best practices common in other states are notably absent in Texas. For instance, there are no setbacks specified for sand mines from rivers in Texas. Companies can mine right up to the edge of rivers…in the floodway. Then when floods happen, dikes collapse and sediment gets washed downstream.
Best management practices (BMPs) would provide guidance for the industry and expectations for the community about how these facilities will be managed and the legacy they will leave.
BMPs would aid stakeholders in identifying which companies are interested in working with and protecting nearby communities.
HB 291: Reclamation Plans and Performance Bonds for Sand Mines
HB 291 by Representatives Murr and Wilson calls for sand mines to file a reclamation plan before they get a permit to start mining, estimate the cost of the reclamation, and post a performance bond in that amount. Every time the mine expands, the owners would have to update the plan. The purpose of this bill is to ensure that miners simply don’t walk away from mines after the last ounce of profit is milked from them. That’s what many do now. The East and West Forks of the San Jacinto are littered with abandoned mines and rusting equipment. This bill also specifies the types of things that would have to go into the reclamation plan. It is scheduled for a hearing in the Environmental Regulation committee on 4/19/2021. To learn more about the bill, click here. To support the bill, go to this web page and leave your comments.
HB 1912: Limiting Sand Mine Pollution
HB 1912 by Wilson would limit air-, light-, noise-, and water pollution; and soil erosion. It also sets limits, mandates monitoring equipment, and requires financial assurance for handling violations. Aggregate production operations throughout the state have had these problems. To learn more about the bill, click here. To support the bill, go to this web page and leave your comments.
Video Broadcast of Meeting
A live video broadcast of this hearing will be available here: https://house.texas.gov/video-audio/. The meeting starts at 2 p.m. or after adjournment of the House for the day.
Texas residents who wish to electronically submit comments related to this and other bills without testifying in person can do so until the hearing is adjourned by visiting: https://comments.house.texas.gov/home?c=c260.
One Sneaky, Bad Bill to Fight
Representative Harris of Hillsboro, TX has introduced HB 2144. Keep this on your radar. It takes away a private citizen’s right to sue for nuisance. For instance, if a sand mine were spewing silicon dust on your property, polluting your water, or flooding your home, you would have to convince the state to sue them. Good luck with that.
“Only the state or a political subdivision of this state may bring a public nuisance action…”
HB2144
This bill has already passed out of committee. So the only way to fight it now is with amendments or on the house floor when it comes up for a vote. I suggest you contact your representatives and try to get them to fight this bill. To learn more about the bill, click here. It does not have a companion bill in the senate but, if approved in the House, would go there for consideration.
Today, nuisance is the most frequently pled theory of liability under common law tort for environmental litigation. Under public nuisance, a plaintiff, either a government entity or a private individual, may bring suit if there are damages, interference, or inconvenience to the health or safety of the public at large.
HB 2144 would restrict public nuisance law only to cases where a person causes an unlawful condition, namely “an ongoing circumstance or effect … that is expressly prohibited by the laws of [Texas].” Further, the bill specifically provides that persons or entities engaged in “lawful manufacturing, distributing, selling, advertising, or promoting a lawful product” cannot be a public nuisance. This ignores the fact that people and property can be seriously harmed even though no statute or regulation is violated – that’s one of the reasons we have common law causes like nuisance to begin with! HB 2144 would remove the ability for the government or individuals to stop such harms from occurring or to seek redress.
Posted by Bob Rehak on 4/15/2021
1326 Days after 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/2019/02/capitole_1024.jpg?fit=1024%2C768&ssl=17681024adminadmin2021-04-16 11:29:012021-04-16 11:30:56Environmental Regulation Committee Taking Public Comments on Three APO Bills
Mayor Pro Tem Dave Martin announced today a “Lake Houston Safety Plan.” It promotes lake safety by helping boaters better identify their locations on the lake when calling 9-1-1, so help can arrive faster.
Use Colors to Narrow Down Location when Calling for Help
Martin worked with City of Houston’s Planning Department to create a map identifying seven geographic areas by color for residents needing to identify their position on the lake. Martin’s District E Office, Houston Fire Department, Houston Police Department and Lake Patrol Division, Houston Emergency Center, Houston Public Works, and Harris County Sheriff’s Office jointly designed the map.
When contacting first responders, the color coded zones will help reduce response time by narrowing down a boat’s location. The City will provide the safety plan map to all public docks/piers and private launch areas for posting. Dispatchers at Houston’s Emergency Center have already started training based on the map.
Maps have also been provided to all Lake Houston Area first responders. The City of Houston Public Works Department will also place highly visible signs on bridges crossing Lake Houston and the San Jacinto River with the names of roadways by Memorial Day.
For More Information on Safety Plan
District E will conduct outreach events, launch a targeted social-media campaign, and send out a mailer this summer to Lake Houston residents with more information on the Safety Plan.
To receive resources on the Lake Houston Safety Plan or to schedule a member of the District E Team to provide a presentation to your group directly please call (832) 393-3008 or email the District E Office at districte@houstontx.gov.
Posted by Bob Rehak on 4/15/2021 based on information from Dave Martin’s Office
1325 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/04/Lake-Houston-Safety-Plan-Zones.jpg?fit=837%2C777&ssl=1777837adminadmin2021-04-15 10:24:132021-04-15 15:06:28Martin Announces Lake Houston Safety Plan With Color-Coded Zones
HCFCD Completes Removal of Another 10,000 Cubic Yards From Bens Branch
Harris County Flood Control District (HCFCD) contractors have completed removal of virtually another 10,000 cubic yards of sediment that had accumulated in Bens Branch between Rocky Woods Drive and Kingwood Drive. While a little cleanup work and equipment removal remains, we can call this job “well done.”
Scope of Work Completed
HCFCD widened and deepened half mile stretch of the creek/ditch. Flood Control also re-sloped the banks, straightened the flow lines, replaced backslope interceptor drains, restored the original conveyance of the ditch, and replanted grass.
Tens of Millions in Nearby Damages during Harvey
During Harvey, dozens of homes flooded along both sides of this channelized stream. So did Kingwood High School and the old H-E-B shopping center north of Kingwood Drive. The shopping center is still mostly vacant because of flood damage. And the Humble ISD spent $70 million to restore Kingwood High School which flooded to the second floor.
Approximately 1000 Truckloads of Sediment Removed
Given that your average dump truck holds about 10 cubic yards, contractors removed about a 1000 truckloads of sediment during this phase of the Bens Branch project.
While the truck traffic got intense at times, contractors finished months ahead of schedule. They originally scheduled completion for early July.
Before/After Photo Essay
The first photo below was taken in January before the start of the project. I shot the rest on April 16.
No More Bens Branch Projects Scheduled At This Time
This was the fourth and final phase of Bens Branch restoration. Previous projects addressed Bens Branch from:
HCFCD says it has no plans at this time to address the portion from the Y to the West Fork near Kings Harbor.
Thanks to the women and men of HCFCD and their contractors who kept the Bens Branch project moving through the pandemic. And to the US Department of Agriculture’s National Resources Conservation Service which provided partial funding.
Thanks also to the Bear Branch Trail Association, Kingwood Service Association and Kings Forest CA. All helped provide access to the project area across their property.
Onward to other projects such as Woodridge Village Detention, Taylor Gully restoration, and Diversion Ditch expansion. More on those in future posts.
Posted by Bob Rehak on April 17, 2021
1328 Days since Hurricane Harvey
Environmental Regulation Committee Taking Public Comments on Three APO Bills
The Environmental Regulation Committee of the Texas House of Representatives will hear public testimony on three bills concerning sand mines/aggregate production operations on Monday, April 19, 2021. You don’t need to go all the way to Austin to testify. You can leave your comments on the Committee’s website. Just remember, there’s a 5000 character limit. See more about the bills below.
HB 767: Best Practices for Sand Mines
HB767 by Dan Huberty would require the TCEQ to establish best practices for sand mines and publish them on its website. Right now, Texas is one of the few states that doesn’t have a codified set of best practices. Granted, though, some are embodied in the terms of permits and federal laws. But the public never sees these. And many best practices common in other states are notably absent in Texas. For instance, there are no setbacks specified for sand mines from rivers in Texas. Companies can mine right up to the edge of rivers…in the floodway. Then when floods happen, dikes collapse and sediment gets washed downstream.
The Bayou Land Conservancy submitted this letter in support of HB 767. Two key points:
HB 767 is scheduled for public hearings in Environmental Regulation on 4/19/2021. To learn more about the bill, click here. To support the bill, go to this web page and leave your comments. It’s quick and easy.
HB 291: Reclamation Plans and Performance Bonds for Sand Mines
HB 291 by Representatives Murr and Wilson calls for sand mines to file a reclamation plan before they get a permit to start mining, estimate the cost of the reclamation, and post a performance bond in that amount. Every time the mine expands, the owners would have to update the plan. The purpose of this bill is to ensure that miners simply don’t walk away from mines after the last ounce of profit is milked from them. That’s what many do now. The East and West Forks of the San Jacinto are littered with abandoned mines and rusting equipment. This bill also specifies the types of things that would have to go into the reclamation plan. It is scheduled for a hearing in the Environmental Regulation committee on 4/19/2021. To learn more about the bill, click here.
To support the bill, go to this web page and leave your comments.
HB 1912: Limiting Sand Mine Pollution
HB 1912 by Wilson would limit air-, light-, noise-, and water pollution; and soil erosion. It also sets limits, mandates monitoring equipment, and requires financial assurance for handling violations. Aggregate production operations throughout the state have had these problems. To learn more about the bill, click here. To support the bill, go to this web page and leave your comments.
Video Broadcast of Meeting
A live video broadcast of this hearing will be available here: https://house.texas.gov/video-audio/. The meeting starts at 2 p.m. or after adjournment of the House for the day.
Texas residents who wish to electronically submit comments related to this and other bills without testifying in person can do so until the hearing is adjourned by visiting: https://comments.house.texas.gov/home?c=c260.
One Sneaky, Bad Bill to Fight
Representative Harris of Hillsboro, TX has introduced HB 2144. Keep this on your radar. It takes away a private citizen’s right to sue for nuisance. For instance, if a sand mine were spewing silicon dust on your property, polluting your water, or flooding your home, you would have to convince the state to sue them. Good luck with that.
This bill has already passed out of committee. So the only way to fight it now is with amendments or on the house floor when it comes up for a vote. I suggest you contact your representatives and try to get them to fight this bill. To learn more about the bill, click here. It does not have a companion bill in the senate but, if approved in the House, would go there for consideration.
Today, nuisance is the most frequently pled theory of liability under common law tort for environmental litigation. Under public nuisance, a plaintiff, either a government entity or a private individual, may bring suit if there are damages, interference, or inconvenience to the health or safety of the public at large.
HB 2144 would restrict public nuisance law only to cases where a person causes an unlawful condition, namely “an ongoing circumstance or effect … that is expressly prohibited by the laws of [Texas].” Further, the bill specifically provides that persons or entities engaged in “lawful manufacturing, distributing, selling, advertising, or promoting a lawful product” cannot be a public nuisance. This ignores the fact that people and property can be seriously harmed even though no statute or regulation is violated – that’s one of the reasons we have common law causes like nuisance to begin with! HB 2144 would remove the ability for the government or individuals to stop such harms from occurring or to seek redress.
Posted by Bob Rehak on 4/15/2021
1326 Days after 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.
Martin Announces Lake Houston Safety Plan With Color-Coded Zones
Mayor Pro Tem Dave Martin announced today a “Lake Houston Safety Plan.” It promotes lake safety by helping boaters better identify their locations on the lake when calling 9-1-1, so help can arrive faster.
Use Colors to Narrow Down Location when Calling for Help
Martin worked with City of Houston’s Planning Department to create a map identifying seven geographic areas by color for residents needing to identify their position on the lake. Martin’s District E Office, Houston Fire Department, Houston Police Department and Lake Patrol Division, Houston Emergency Center, Houston Public Works, and Harris County Sheriff’s Office jointly designed the map.
When contacting first responders, the color coded zones will help reduce response time by narrowing down a boat’s location. The City will provide the safety plan map to all public docks/piers and private launch areas for posting. Dispatchers at Houston’s Emergency Center have already started training based on the map.
Maps have also been provided to all Lake Houston Area first responders. The City of Houston Public Works Department will also place highly visible signs on bridges crossing Lake Houston and the San Jacinto River with the names of roadways by Memorial Day.
For More Information on Safety Plan
District E will conduct outreach events, launch a targeted social-media campaign, and send out a mailer this summer to Lake Houston residents with more information on the Safety Plan.
To receive resources on the Lake Houston Safety Plan or to schedule a member of the District E Team to provide a presentation to your group directly please call (832) 393-3008 or email the District E Office at districte@houstontx.gov.
Posted by Bob Rehak on 4/15/2021 based on information from Dave Martin’s Office
1325 Days since Hurricane Harvey