On August 12, Texas Commission on Environmental Quality (TCEQ) Commissioners voted unanimously to initiate a rule-making process that would establish best management practices for commercial sand mining in the San Jacinto River watershed.
Meer feet separate the Hanson Aggregate mine from the San Jacinto West Fork. The integrity of dikes and setbacks from the river have become a major point of contention between the public and miners since Harvey.Photo taken late June.
Joint TACA/Lake Houston Area Request
In June, 2020, both TACA and the Lake Houston Area Grassroots Flood Prevention Initiative presented petitions to have the TCEQ establish best practices. Though the two sides have not agreed on important provisions, such as setbacks from the river and reclamation, the start of the process is a positive step.
After the commission secretary announced the agenda items, Mr. Josh Leftwich of TACA spoke on behalf of the measure. Mr. Leftwich took over as president and CEO of TACA on June 15, from David Perkins. (Mr. Perkins joined Lehigh Hanson, an aggregate company, as the Vice President of Government Affairs.)
No one for the Lake Houston Area spoke on behalf of the proposal.
Rebecca Vialva, executive director of the TCEQ Water Quality Division explained that both sides of this debate submitted separate but similar petitions in June. They requested the agency to establish a rule making process with stakeholder involvement to ensure adequate environmental protection. Ms. Vialva explained that her Water Quality Division supported that.
Vic McWherter, from the Commission’s Office of Public Interest Counsel, also supported the idea.
No one asked questions.
Rule-Making Process Not Same as Adopting Specific Rules
Before taking a vote, Jon Niermann, Chairman of the Commission, explained that initiating a rule-making process was not the same as adopting specific rules. It does not commit to any specific rules or outcomes. It simply starts a public dialog.
All three commissioners, Jon Niermann, Emily Lindley, and Bobby Janecka, voted to start the process.
Model for Rest of State?
Both Mr. Janecka and Mr. Niermann expressed wishes that Best Management Practices for the San Jacinto Watershed could become a model for the rest of the state.
Lake Houston Leaders Urge Public to Engage
Dave Feille and Bill McCabe, leaders of the Lake Houston Area Grass Roots Flood Prevention Initiative, sent out an email this morning. In it, they called the TCEQ decision “a major step forward.” However, they were quick to add, “Not surprisingly, the Petitions differed in some key areas and these will be addressed and consolidated in the rule-making stage of the process.”
“We would encourage all stakeholders to become involved in the rule-making process by following the progress of our Petition at: https://www.tceq.texas.gov/rules/participate.html,” said Feille and McCabe.
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/2019/12/Liberty-Breach-12.3.19.jpg?fit=1200%2C913&ssl=19131200adminadmin2020-08-16 19:33:422020-08-16 19:53:37TCEQ Commissioners Vote to Start Rule-Making Process for Sand Mining Best Practices in San Jacinto Watershed
In June, the Lake Conroe Association (LCA) filed a 102-page complaint to the Texas Commission on Environmental Quality (TCEQ) through Austin attorneys about the San Jacinto River Authority’s (SJRA) policy of seasonally lowering Lake Conroe. The SJRA’s purpose for the lowering: to lower flood risk for downstream residents.
Also, the policy threatens the area’s water supply.
“In summary,” says the complaint, “SJRA and Houston are only authorized to divert or release and use water from Lake Conroe for municipal, industrial, mining, and agricultural purposes. Any other use of surface water from Lake Conroe is not authorized by the Amended Certificate, and thus, is a violation of the Amended Certificate and state law.”
The complaint fails to mention flood control in that last list (prominently mentioned in the SJRA’s enabling legislation). To follow the LCA’s arguments to their logical extreme, SJRA would not have been allowed to release water during Harvey. Every home on Lake Conroe would have flooded.
“TCEQ does not have jurisdiction over future water supply strategies or State and Regional Water Planning.”
“Both SJRA and the City have adopted Water Conservation Plans that comply with TCEQ’s Chapter 288 rules.”
“Therefore, these diversions, which are in compliance with the terms of the Certificate and the Conservation Plan, are not a waste of water under the law.”
The law firm acknowledged in its supplemental complaint that the lowering would only amount to 2.75 inches. However, the firm also claimed the water would be needed in a drought. Then it showed a Texas Water Development Board Drought Map as evidence. But map showed that no drought near the San Jacinto watershed.
In the End, Mother Nature, Not SJRA, Lowers Lake This Year
After all of that, evaporation alone took Lake Conroe down to the SJRA’s seasonal lowering target of 200 feet. It took Mother Nature an extra week to get there, but…
SJRA RELEASED NO WATER from Lake Conroe to achieve its August target level.
SJRA still has not released any water since the early spring.
Lake Conroe dashboard as of 4pm Saturday, August 15, 2020. Source: SJRA.net.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/20200220-RJR_8690.jpg?fit=800%2C1200&ssl=11200800adminadmin2020-08-15 16:37:462020-08-15 17:11:16Lake Conroe Association Complains to TCEQ about Seasonal Lake Lowering
Clarification: General plans, as described below, are primarily about street layouts. However, many people have been trying to raise awareness at the Planning Commission that street patterns are affected to a significant degree by the volume and and layout of drainage and detention features. And, of course with Atlas 14 that is more true than ever. Danny Signorelli, CEO of the Signorelli Companies, took issue with this post. I offered him an opportunity to print a rebuttal verbatim. He refused the offer.
According to residents in other parts of the Commons, Signorelli tried to develop this property before and reportedly wanted to add 4-6 feet of fill to the floodplain. It’s not yet clear what they have in mind for this iteration of the project. However, comparing the general plan to FEMA’s National Flood Hazard Layer Viewer shows that parts of the development are still in the flood plain. (See below.)
No Detention Ponds Shown on Plans
The general plan filed with the planning commission also shows that the developer shows no plans for detention ponds on the property. A best practice to reduce flooding is to “retain your rain.”
Here are satellite and close-up views of where the new subdivision would be relative to the the surrounding area and existing parts of the development.
Crossing At the Commons of Lake Houston is in the Huffman area opposite Lake Houston Park and East End Park on the west side of the East Fork.Crossing at the Commons of Lake Houstonrelative to existing streets in the Commons. From General Plan inset.
Floodplain Issues
Parts of the proposed development will be in the floodplain. And those floodplains will soon expand to include even more homes. See the two dotted lines below.
Close up of PDF above shows how 100-year floodplain (dotted line on left) and 500-year (dotted line on right) would impact proposed homesites.Note the drainage easement in the lower left.FEMA’s National Flood Hazard Layer Viewer shows parts of the proposed new 75.3-acre subdivision would be in the 100- and 500-year floodplain.
Ironically, just last night, the City of Houston and its partners (Harris County Flood Control, Montgomery County and the SJRA) presented a draft of the findings of the San Jacinto River Master Drainage Plan. In it, they recommended avoiding flood plain development to keep people out of harm’s way. See slide below from their presentation.
Slide from San Jacinto River Master Drainage Plan Draft Report shows how adding fill to flood plains can affect other homes in area.
The presenter also discussed how the floodplains were expanding due to revisions of flood maps based on new hydraulic and hydrologic modeling not yet been shared with FEMA.
The 100-year floodplain in many areas will likely expand well into the 500. And the 500-year flood plain will likely expand into areas previously not shown in ANY floodplain.
San Jacinto River Master Drainage Plan Draft Report 8/13/2020
Thus, the number of homes affected by floods could greatly expand beyond the number shown above.
Drainage in Commons Already a Problem
Plans also show that homes will be built very close to a drainage easement. Yet existing ditches in the Commons are eroding badly due to lack of maintenance. Below is a picture of one taken in January last year. Residents say the trees are still there and the erosion became much worse during floods in May and Imelda.
Commons drainage ditchphotographed last year.
Less Than One Fourth of Property Now Under Consideration
The tract is 332 acres, but only 75.3 is proposed for development at this time. It is entirely located within the incorporated limits of the City of Houston. The entire tract is adjacent to COH flooding easements for Lake Houston.
How to Voice Concerns, If You Have Them
Here’s how you can voice concerns, if you have them. The City Planning Commission will hold virtual meetings until further notice. So it’s very easy to make public comments. You can sign up to speak by going to the Planning Commission Home Page.
The next Planning Commission meeting is Thursday, August 20, 2020. If you’d like to speak, you must sign up at least 24 hours before the meeting.
Speakers have only TWO MINUTES. Key points to consider:
Floodplain will officially be expanding soon.
Some of these homes are already in it.
Many more soon will be.
That could require fill.
And fill will make flooding worse for other homes near the river on both sides.
No detention ponds or drainage plans are shown.
The Planning Commission should consider these things.
Posted by Bob Rehak on 8/14/2020
1081 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/2020/08/GE-screenshot.jpg?fit=949%2C708&ssl=1708949adminadmin2020-08-14 17:45:352025-03-24 20:12:08Developer Seeks City Approval to Expand Commons of Lake Houston into Floodplain – Without Detention Ponds
TCEQ Commissioners Vote to Start Rule-Making Process for Sand Mining Best Practices in San Jacinto Watershed
On August 12, Texas Commission on Environmental Quality (TCEQ) Commissioners voted unanimously to initiate a rule-making process that would establish best management practices for commercial sand mining in the San Jacinto River watershed.
Joint TACA/Lake Houston Area Request
In June, 2020, both TACA and the Lake Houston Area Grassroots Flood Prevention Initiative presented petitions to have the TCEQ establish best practices. Though the two sides have not agreed on important provisions, such as setbacks from the river and reclamation, the start of the process is a positive step.
Seven Minutes of Deliberation
You can watch the discussion among the commissioners on YouTube. Items 29 and 30 on the agenda (the two petitions) start at approximately 17 minutes into the meeting. Discussion lasts about 7 minutes.
After the commission secretary announced the agenda items, Mr. Josh Leftwich of TACA spoke on behalf of the measure. Mr. Leftwich took over as president and CEO of TACA on June 15, from David Perkins. (Mr. Perkins joined Lehigh Hanson, an aggregate company, as the Vice President of Government Affairs.)
No one for the Lake Houston Area spoke on behalf of the proposal.
Rebecca Vialva, executive director of the TCEQ Water Quality Division explained that both sides of this debate submitted separate but similar petitions in June. They requested the agency to establish a rule making process with stakeholder involvement to ensure adequate environmental protection. Ms. Vialva explained that her Water Quality Division supported that.
Vic McWherter, from the Commission’s Office of Public Interest Counsel, also supported the idea.
No one asked questions.
Rule-Making Process Not Same as Adopting Specific Rules
Before taking a vote, Jon Niermann, Chairman of the Commission, explained that initiating a rule-making process was not the same as adopting specific rules. It does not commit to any specific rules or outcomes. It simply starts a public dialog.
All three commissioners, Jon Niermann, Emily Lindley, and Bobby Janecka, voted to start the process.
Model for Rest of State?
Both Mr. Janecka and Mr. Niermann expressed wishes that Best Management Practices for the San Jacinto Watershed could become a model for the rest of the state.
Lake Houston Leaders Urge Public to Engage
Dave Feille and Bill McCabe, leaders of the Lake Houston Area Grass Roots Flood Prevention Initiative, sent out an email this morning. In it, they called the TCEQ decision “a major step forward.” However, they were quick to add, “Not surprisingly, the Petitions differed in some key areas and these will be addressed and consolidated in the rule-making stage of the process.”
“We would encourage all stakeholders to become involved in the rule-making process by following the progress of our Petition at: https://www.tceq.texas.gov/rules/participate.html,” said Feille and McCabe.
Efforts to establish best practices for sand mining died in committee in the state legislature last year. Let’s hope this has a better outcome.
Posted by Bob Rehak on 8/16/2020
1083 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.
Lake Conroe Association Complains to TCEQ about Seasonal Lake Lowering
In June, the Lake Conroe Association (LCA) filed a 102-page complaint to the Texas Commission on Environmental Quality (TCEQ) through Austin attorneys about the San Jacinto River Authority’s (SJRA) policy of seasonally lowering Lake Conroe. The SJRA’s purpose for the lowering: to lower flood risk for downstream residents.
To download the complete complaint by Birch, Becker & Moorman LLP, click here. Warning: 20-meg file size.
Complaint Based on Three Arguments
The attorneys make three arguments.
“In summary,” says the complaint, “SJRA and Houston are only authorized to divert or release and use water from Lake Conroe for municipal, industrial, mining, and agricultural purposes. Any other use of surface water from Lake Conroe is not authorized by the Amended Certificate, and thus, is a violation of the Amended Certificate and state law.”
TCEQ Response to Complaints
On July 29, the TCEQ replied to the complaint. Toby Baker, TCEQ’s Executive Director, says that:
LCA Lodges Supplemental Complaint
Just the day before, on July 28, 2020, the same law firm filed a 4-page supplemental complaint to halt the fall lowering. The second complaint and the TCEQ’s response to the first complaint may have crossed in the mail.
The law firm acknowledged in its supplemental complaint that the lowering would only amount to 2.75 inches. However, the firm also claimed the water would be needed in a drought. Then it showed a Texas Water Development Board Drought Map as evidence. But map showed that no drought near the San Jacinto watershed.
TCEQ Finds City and SJRA in Compliance
Mr. Baker of the TCEQ replied to the supplemental complaint on August 6. He concluded, “After review, the TCEQ determined that the San Jacinto River Authority and the City of Houston are in compliance with the terms and conditions of Certificate of Adjudication 10-4963.”
In the End, Mother Nature, Not SJRA, Lowers Lake This Year
After all of that, evaporation alone took Lake Conroe down to the SJRA’s seasonal lowering target of 200 feet. It took Mother Nature an extra week to get there, but…
SJRA still has not released any water since the early spring.
LCA Pleads for More Money to Keep Fighting
Now the Lake Conroe Association is pleading with residents for donations to replenish its war chest. It will be interesting to see what they plan next.
Posted by Bob Rehak on August 15, 2020
1082 Days since Hurricane Harvey
Developer Seeks City Approval to Expand Commons of Lake Houston into Floodplain – Without Detention Ponds
Clarification: General plans, as described below, are primarily about street layouts. However, many people have been trying to raise awareness at the Planning Commission that street patterns are affected to a significant degree by the volume and and layout of drainage and detention features. And, of course with Atlas 14 that is more true than ever. Danny Signorelli, CEO of the Signorelli Companies, took issue with this post. I offered him an opportunity to print a rebuttal verbatim. He refused the offer.
Signorelli Companies have filed a general plan with City of Houston Planning Commission for a new development on the San Jacinto East Fork. It’s called “Crossing at the Commons of Lake Houston.”
Second Time Around for Developer
According to residents in other parts of the Commons, Signorelli tried to develop this property before and reportedly wanted to add 4-6 feet of fill to the floodplain. It’s not yet clear what they have in mind for this iteration of the project. However, comparing the general plan to FEMA’s National Flood Hazard Layer Viewer shows that parts of the development are still in the flood plain. (See below.)
No Detention Ponds Shown on Plans
The general plan filed with the planning commission also shows that the developer shows no plans for detention ponds on the property. A best practice to reduce flooding is to “retain your rain.”
Location
Here are satellite and close-up views of where the new subdivision would be relative to the the surrounding area and existing parts of the development.
Floodplain Issues
Parts of the proposed development will be in the floodplain. And those floodplains will soon expand to include even more homes. See the two dotted lines below.
Ironically, just last night, the City of Houston and its partners (Harris County Flood Control, Montgomery County and the SJRA) presented a draft of the findings of the San Jacinto River Master Drainage Plan. In it, they recommended avoiding flood plain development to keep people out of harm’s way. See slide below from their presentation.
The presenter also discussed how the floodplains were expanding due to revisions of flood maps based on new hydraulic and hydrologic modeling not yet been shared with FEMA.
Thus, the number of homes affected by floods could greatly expand beyond the number shown above.
Drainage in Commons Already a Problem
Plans also show that homes will be built very close to a drainage easement. Yet existing ditches in the Commons are eroding badly due to lack of maintenance. Below is a picture of one taken in January last year. Residents say the trees are still there and the erosion became much worse during floods in May and Imelda.
Less Than One Fourth of Property Now Under Consideration
The tract is 332 acres, but only 75.3 is proposed for development at this time. It is entirely located within the incorporated limits of the City of Houston. The entire tract is adjacent to COH flooding easements for Lake Houston.
How to Voice Concerns, If You Have Them
Here’s how you can voice concerns, if you have them. The City Planning Commission will hold virtual meetings until further notice. So it’s very easy to make public comments. You can sign up to speak by going to the Planning Commission Home Page.
The next Planning Commission meeting is Thursday, August 20, 2020. If you’d like to speak, you must sign up at least 24 hours before the meeting.
Use the online speaker form at https://www.tfaforms.com/4816241 or submit comments on an item via email to speakercomments.pc@houstontx.gov.
Speakers have only TWO MINUTES. Key points to consider:
Posted by Bob Rehak on 8/14/2020
1081 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.