In 2016, one of the owners of the Colony Ridge Development in Liberty County tried to sue the former Mayor of Plum Grove for defamation. The developer alleged that the mayor bad-mouthed his development while making false statements. The judge ultimately dismissed the suit.
But as part of the lawsuit, Louis W. Bergman, III, PE, provided a glowing affidavit, lauding the development. Bergman served as the County Engineer and Flood Plain Administrator at the time. He also issued licenses and permits for Liberty County. In that regard, he reviewed all plat submittals for compliance with Texas statutes and Liberty County’s subdivision rules.
What a Difference Four Years Makes
Below are some quotes from Bergman’s affidavit. I took all the pictures from a helicopter on 12/7/2020 while flying over Colony Ridge. They show how quickly conditions have deteriorated there.
“In my experience, Colony Ridge has been one of the best land developers in Liberty County.”
“I respect Colony Ridge Development … and their business because they have earned my respect by representing themselves with integrity and working to build quality developments.”
Louis W. Bergman, III, PE in Paragraph 15
“In my opinion, Colony Ridge Development has built some of the best infrastructure for residential neighborhoods in Liberty County and Colony Ridge Development’s lots do not create a health, safety, or welfare threat to Liberty County.”
Louis W. Bergman, III, PE in Paragraph 11
“I have heard [the former mayor of Plum Grove] make statements that Colony Ridge Development has violated environmental laws, such as regulations by the Texas Commission on Environmental Quality, and I disagree with these statements and believe they are false statements.”
Liberty County’s own Strategic Plan cites the need to improve drainage infrastructure and building codes. But it doesn’t mention Colony Ridge by name.
Likewise for Liberty County’s Hazard Mitigation Plan. It discusses the need to improve a variety of safety issues such as drainage; street lighting; electrical service; communications infrastructure; high percentages of mobil and self-built homes; emergency access; and flooding … in every city in the county … all without mentioning Colony Ridge by name.
So maybe Bergman was right after all. Maybe this IS the best that Liberty County has to offer.
But I suspect the judge who dismissed the lawsuit, might take exception.
Posted by Bob Rehak on 12/21/2020
1211 Days since Hurricane Harvey and 459 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/2020/12/20200616-RJR_4084.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-12-22 21:16:002020-12-22 21:39:36“One of the Best Land Developers in Liberty County”
On December 7, 2020 I flew up and down the East and West Forks of the river and took these photographs over sand mines. The neon water is “naturally” occurring. By that, I mean I did not “Photoshop” the color to create the intense neon hues. What you see is what I saw through the camera lens. Candy-colored, neon water. Just in time for Christmas.
Why the Neon Colors?
Various theories have been advanced to account for the neon water:
The cause in one location may differ that in another. A retired water-quality manger for the City of Houston tells me that the more subtle gradations seen in photos #3 and #4 above are usually the result of cyanobacteria. The intense solid blues are likely result from concentrated chemicals found in the sand.
Concentrated Color
Sand mines “wash” their sand to remove silt and salts from the finished product. They then dump the silt and salts into settling ponds which you see above. The entire Houston area was a sea bed at one time. The salt mixed in the sand, if left there, can rust steel rebar and girders embedded in concrete. That shortens the life of roadways and buildings.
And, of course, there’s plain old sediment: white, gray, red, brown. The shot below was taken after a sand mine’s dike breached releasing 56 million gallons of whitish silt into the West Fork.
Confluence of Spring Creek and West Fork. TCEQ alleged that Liberty Mines discharged 56 million gallons of white waste water into the West Fork.
While these pictures may be pretty to look at, be cautious. Some forms of contamination can sicken humans and kill pets.
So be careful when out and about on the rivers over the holidays.
Posted by Bob Rehak on 12/20/2020
1209 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/12/20201207-Aerial-Dec-2020_92.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-12-20 16:14:052020-12-20 16:23:40Neon Water: Just in Time for Christmas
Many floodplain regulations focus on not restricting the conveyance of rivers. But the high dikes of many sand mines literally wall off half their floodplains. This can increase the frequency, duration, and severity of flooding opposite the mines as well as erosion of river banks.
According to the computer models of engineers, that raises the height of floods on Shelbelbon’s property 3-4 feet above what they would otherwise be – especially in less than 100-year floods – when water can’t spread out on both sides of the river.
All that extra water concentrated in a smaller space also increases the velocity of flood waters and erosion. Shebelbon says he has lost 7 acres since the mines built their walls.
Schematic Diagrams Illustrate Principle
In principle, it looks like the series of diagrams below.
#1.Floodplains naturally spread out on both sides of river.#2. In a minor flood, water spreads out in both directions.#3. But after a mine walls off the floodplain, water can spread out in only one direction, raising the height of floods on the other side.#4. The extra volume of floodwater now forced into a smaller space increases the velocity of floodwater. That, in turn, increases erosion, too.
The last point may be the hardest to understand. Here’s an imperfect analogy that helps to illustrate it. Most of us have put our thumbs over nozzles of garden hoses to spray dirt off driveways. Decreasing the width of the opening forces water to go faster after it leaves the hose. That peels dirt off the driveway faster. While a hose is a closed system and a river is open, the increased velocity increases erosion regardless.
Photos Vividly Illustrate Danger
This first photo shows the height of the sand mine dike north of Shelbelbon’s property.
Looking NE from over West Fork San Jacinto. That white line in the background is I-45. Note how dikes are half the height of mature trees.Looking NW over part of Shebelbon’s motorsports complex towards mine. Note how Shebelbon’s property is at river level, but dikes around mines wall-off floodway.Looking West from over Shebelbon’s property at river level. Compare height of dikes on right.Looking ENE toward I-45 from over Shebelbon’s property, which is at river level. Note height of dikes on opposite shore.Shebelbon has lost 7 acres since the mines built their dikes.
The same problem exists on the San Jacinto East Fork.
Texas Concrete’s dike on left towers above homes on right. San Jacinto East Fork runs between them.
Perpetual Unintended Consequences
The dikes of these mines are intended to control stormwater within the mine and prevent the escape of sediment. Unfortunately for the people near them, they can have unintended side effects. And those side effects can impact neighbors long after miners abandon mines.
Texas regulations do not require restoring the natural contours of a floodplain when mines are done mining. So miners typically leave dikes in place…along with debris they’d rather not clean up.
Looking SW toward Shebelbon property from over I-45 across abandoned mine (bottom left). Google Earth shows activity on this site before Harvey but not after.
The Montgomery County Appraisal District (MCAD) values the 31-acre abandoned mine at $15,570 despite the fact that it’s right next to I-45 in the fast growing corridor between The Woodlands and Conroe.
A company named 45 SRL INC owns this property. The Texas Secretary of State shows that Williams Brothers Construction Company Inc. owns 100% of 45 SRL INC.
Reclamation of this site would cost far more than the value of the land which likely explains why:
The property has been abandoned without reclamation for more than 3 years
Why we need performance bonds to ensure the reclamation of mines
Why Shebelbon will continue to flood in minor events.
If it can happen to a man with a thriving business, it can happen to you, too.
Posted by Bob Rehak on 12/19/2020
1208 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.
“One of the Best Land Developers in Liberty County”
In 2016, one of the owners of the Colony Ridge Development in Liberty County tried to sue the former Mayor of Plum Grove for defamation. The developer alleged that the mayor bad-mouthed his development while making false statements. The judge ultimately dismissed the suit.
But as part of the lawsuit, Louis W. Bergman, III, PE, provided a glowing affidavit, lauding the development. Bergman served as the County Engineer and Flood Plain Administrator at the time. He also issued licenses and permits for Liberty County. In that regard, he reviewed all plat submittals for compliance with Texas statutes and Liberty County’s subdivision rules.
What a Difference Four Years Makes
Below are some quotes from Bergman’s affidavit. I took all the pictures from a helicopter on 12/7/2020 while flying over Colony Ridge. They show how quickly conditions have deteriorated there.
The TCEQ might disagree with Bergman on that last point. The TCEQ has an enforcement action against Colony Ridge. TCEQ’s investigation alleges their development practices may jeopardize human health. The TCEQ has also cited the development’s water and sewer supplier for lead in drinking water and sewage spills.
Strategic and Mitigation Plans Back Bergman Up
Liberty County’s own Strategic Plan cites the need to improve drainage infrastructure and building codes. But it doesn’t mention Colony Ridge by name.
Likewise for Liberty County’s Hazard Mitigation Plan. It discusses the need to improve a variety of safety issues such as drainage; street lighting; electrical service; communications infrastructure; high percentages of mobil and self-built homes; emergency access; and flooding … in every city in the county … all without mentioning Colony Ridge by name.
So maybe Bergman was right after all. Maybe this IS the best that Liberty County has to offer.
But I suspect the judge who dismissed the lawsuit, might take exception.
Posted by Bob Rehak on 12/21/2020
1211 Days since Hurricane Harvey and 459 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.
Neon Water: Just in Time for Christmas
On December 7, 2020 I flew up and down the East and West Forks of the river and took these photographs over sand mines. The neon water is “naturally” occurring. By that, I mean I did not “Photoshop” the color to create the intense neon hues. What you see is what I saw through the camera lens. Candy-colored, neon water. Just in time for Christmas.
Why the Neon Colors?
Various theories have been advanced to account for the neon water:
The cause in one location may differ that in another. A retired water-quality manger for the City of Houston tells me that the more subtle gradations seen in photos #3 and #4 above are usually the result of cyanobacteria. The intense solid blues are likely result from concentrated chemicals found in the sand.
Concentrated Color
Sand mines “wash” their sand to remove silt and salts from the finished product. They then dump the silt and salts into settling ponds which you see above. The entire Houston area was a sea bed at one time. The salt mixed in the sand, if left there, can rust steel rebar and girders embedded in concrete. That shortens the life of roadways and buildings.
Phosphorus can turn water green by promoting the growth of algae. The green often enters the water through the runoff of fertilizer from farms.
Other things can color water, too. High iron content found in the water of northern Minnesota and Michigan gives it a vivid reddish color.
And, of course, there’s plain old sediment: white, gray, red, brown. The shot below was taken after a sand mine’s dike breached releasing 56 million gallons of whitish silt into the West Fork.
While these pictures may be pretty to look at, be cautious. Some forms of contamination can sicken humans and kill pets.
So be careful when out and about on the rivers over the holidays.
Posted by Bob Rehak on 12/20/2020
1209 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.
Reducing Floodplain Width Increases Flooding, Erosion
Many floodplain regulations focus on not restricting the conveyance of rivers. But the high dikes of many sand mines literally wall off half their floodplains. This can increase the frequency, duration, and severity of flooding opposite the mines as well as erosion of river banks.
West Fork Mines at I-45 Provide Example
The case of Emil Shelbebon who operates a 200-acre motorsports complex on the south bank of the San Jacinto West Fork at I-45 provides an excellent example. Sand mines on the north side of the West Fork built high walls near the river bank. LIDAR surveys taken before and after construction of the dikes suggest the dikes may be higher than 20 feet in places. That’s the height of a 2-story building.
According to the computer models of engineers, that raises the height of floods on Shelbelbon’s property 3-4 feet above what they would otherwise be – especially in less than 100-year floods – when water can’t spread out on both sides of the river.
All that extra water concentrated in a smaller space also increases the velocity of flood waters and erosion. Shebelbon says he has lost 7 acres since the mines built their walls.
Schematic Diagrams Illustrate Principle
In principle, it looks like the series of diagrams below.
The last point may be the hardest to understand. Here’s an imperfect analogy that helps to illustrate it. Most of us have put our thumbs over nozzles of garden hoses to spray dirt off driveways. Decreasing the width of the opening forces water to go faster after it leaves the hose. That peels dirt off the driveway faster. While a hose is a closed system and a river is open, the increased velocity increases erosion regardless.
Photos Vividly Illustrate Danger
This first photo shows the height of the sand mine dike north of Shelbelbon’s property.
The same problem exists on the San Jacinto East Fork.
Perpetual Unintended Consequences
The dikes of these mines are intended to control stormwater within the mine and prevent the escape of sediment. Unfortunately for the people near them, they can have unintended side effects. And those side effects can impact neighbors long after miners abandon mines.
Texas regulations do not require restoring the natural contours of a floodplain when mines are done mining. So miners typically leave dikes in place…along with debris they’d rather not clean up.
The Montgomery County Appraisal District (MCAD) values the 31-acre abandoned mine at $15,570 despite the fact that it’s right next to I-45 in the fast growing corridor between The Woodlands and Conroe.
A company named 45 SRL INC owns this property. The Texas Secretary of State shows that Williams Brothers Construction Company Inc. owns 100% of 45 SRL INC.
Williams Brothers is the largest highway contractor in Texas, one of the largest in the country, and claims to have completed more than $12 billion in projects. The company says it does 95% of its work for TxDOT.
Reclamation of this site would cost far more than the value of the land which likely explains why:
If it can happen to a man with a thriving business, it can happen to you, too.
Posted by Bob Rehak on 12/19/2020
1208 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.