Much of Romerica’s land lies between the Barrington in foreground and San Jacinto River in background. All 283 homes in Barrington flooded during Harvey.
Of the ten concerns listed in a letter to the permit applicant, only one had to do with flooding. And that came from Harris County Flood Control, not the City. Nine other concerns had to do with street spacing and layouts or labelling.
Half of Land in Floodway
Half of Orchard Seeded Ranches is in the floodway (below red line) of the San Jacinto West Fork. That line will shift north on new flood maps.
Half of the land lies in the floodway of the West Fork. The other half lies in the hundred-year floodplain. The development would be built on the same property that Romerica tried to get approved last year. The company wanted to build a series of high rises and 5,000 condominiums. That proposal drew a record 770 letters of protest to the Army Corps. Despite all that…
The Planning Commission document indicates that the City Engineer had no comments on the proposal.
Only Harris County Flood Control Raises Serious Objections
Harris County Flood Control District (HCFCD) recommended deferral of any approvals until the master drainage plan for the development is reviewed. HCFCD also said, “This area has historically been prone to flooding with numerous home buyouts immediately to the west. The Flood Control District, City of Houston, Montgomery County, and San Jacinto River Authority are working on a planning study to reduce flood risk in this area.”
Part of that plan will include new flood surveys. They will likely show the floodway expanding to take in an even greater percentage of Romerica’s property.
Gear Up for Another Lengthy Fight
It should not take the developer much time to address City’s concerns. It’s unclear at this time whether the City will heed the HCFCD’s concerns.
As a result, this controversy could wind up back in the hands of the Army Corps and/or the US Fish and Wildlife Service again. Last year, the Fish and Wildlife Service wrote an uncharacteristically frank recommendation to the Corps, urging the Corps to deny Romerica’s permit. Their reasoning had to do with the value of wetlands on the property and the presence of American Bald Eagles, a protected species.
Bald eagle photographed adjacent to Romerica property in February, 2020.
In the meantime, the developer may realize that it still faces an uphill struggle even with City approval. Perhaps they will come to their senses and sell this land to a group or groups that wish to preserve it as green space for flood control and recreation.
Light pole by westernmost Romerica property as Harvey receded. Photo by Jim Balcom.
As if to underscore the value of that proposition, the Bayou City Initiative today announced a virtual meeting to discuss the difficulty of mass evacuations and sheltering during the hurricane season as the COVID crisis continues. Remember that most of this land was under 20+ feet of water during Harvey.
Posted by Bob Rehak on 4/5/2020
980 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/05/20191104-RJR_4025-2.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-05-05 18:27:402020-05-05 18:46:04Planning Commission Concerns About Romerica Land Seem More Procedural than Flood-Related
More than one engineer has told me that sand mine dikes appear as though they are designed to fail. Part of the problem is that the State sets no standards for their construction; the State simply says they must be “effective.” But there are only minor penalties if they prove ineffective.
How Sand Mines Use Water
Mines use water to separate sand from silt by spinning the mixture through a centrifuge. The large sand particles go to a stockpile. The smaller silt particles return to a settling pond. If left long enough, the water clarifies and can safely be released.
Water and silt go one way, sand the other. The constant inflow of silty water in the settling pond creates a deltathat raises the water level.
Constant Battle Against Silt and Water
The problem, however, is the buildup of silt and water over time.
The fine sediment often does not have enough time to drop out of suspension before water in the settling pond begins to overflow. That’s when dikes often break and sediment laden water is released into the river.
Sadly, this is not an isolated problem. I have documented breaches in most San Jacinto River mines.
Road Disappears as Dike Gets Higher
Since then, aerial photos show that LMI is building dikes higher to prevent future releases. But as the thin dikes made out of sand/silt get higher, they also get narrower. They seem designed to fail at some point.
Process waste water leaks through them into surrounding wetlands and the West Fork. To keep the dikes from failing, the mine even appears to be pumping water out of its pit into the wetlands.
A large rain could easily overwhelm these dikes and cause another failure. As a starting point, review the satellite photo below from Google Earth. It was taken about a month after a major breach from another part of the mine. Note the perimeter road around the entire pond. It disappears in aerial photos taken a few months later.
Satellite photo from 12/1/2019 shows a drivable road around the entire eastern perimeter (right) of the LMI Moorhead mine.
Now compare that to this series of helicopter photos taken on 4/21/2020. The series starts in the upper right of the satellite photo and heads south (toward the bottom of the satellite image). This area of the mine is far from public view, except from a helicopter..
Note the difference in elevation between the pond in the mine and the pond outside of it.Note the partially buried pipe between the two ponds. A siphon?Looking south along the eastern perimeter. you can see how the road now disappears and the wall of the dike gets thinner. Zooming out, you can see how the far this condition existsand why I ask the question, “Are these dikes designed to fail?”Tracking south to the next grove of trees, you can see water leaking through the narrow dike as it approaches the top. Comparing the dike to nearby tree trunks, I estimate the dike is no more than 2-3 feet wide.
Where 56 Million Gallons Allegedly Entered River
The same condition exists on another pit at the same mine. The dike shown in the foreground is the one that the TCEQ says failed last year. Note water ponding on the narrow road. See photo below.
Note the difference in the color of the water in the pond and in the river in the photo below. The pond color has not changed during the eight months I have been documenting these sand mining operations from the air.
Same dike, photographed from a different angle, looking north. West Fork is in foreground. A newArtavia drainage ditch in the background now funnels water from more than 2000 acres straight toward mine.The mine blames Artavia for the November discharge.
No Texas Regulations Govern Dike Construction
Unfortunately, the State of Texas has no regulations that address construction of dikes.
No standards exist for height, width, composition, compaction, or reinforcement.
I asked Ramiro Garcia, head of enforcement for the TCEQ, this question. “Does Texas have regulations for sand mines that affect the width, height, slope, compaction, and materials used in perimeter dikes or barriers?“
His reply: “The Industrial Stormwater Multi-Sector General Permit requires the use of pollution prevention practices that can effectively protect the water quality in receiving waters, or that are necessary for remaining in compliance with the general permit. The GP states that “the permittee shall evaluate and use appropriate measures and controls to reduce soil erosion and sedimentation in areas of the facility with demonstrated or potential soil erosion and sedimentation” (Part III.A.4(c)). There are no specific requirements for width, height, slope, compaction, or materials for dikes or barriers.“
So the permittee gets to determine what’s “appropriate”!
Designed to Fail?
The lack of regulation is how we get strips of sand a couple feet wide holding back hundreds of millions of gallons of waste water. One big rain, a flood, and the wastewater buildup is gone. Conveniently!
If the TCEQ discovers an unauthorized discharge, the mine pays a “slap on the wrist” fine. They average about $800. That’s why I ask, “Are sand mine dikes designed to fail?” It seems cheaper and easier to pay the fine than build earthworks that protect the source of drinking water for 2 million people.
State Rep. Dan Huberty tried to implement effective sand mining regulations during the last legislative session. Unfortunately, most of the mining bills he sponsored died in committee. I’m using the time before the next session to document mining practices on the San Jacinto. Hopefully, we’ll be able to make a better case next year.
Posted by Bob Rehak on 5/4/2020
979 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/2020/05/20200421-RJR_0878.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-05-04 13:04:422020-05-04 13:23:31Are Sand Mine Dikes Designed to Fail? State Sets No Standards
Here’s an update to last week’s watchlist. It includes seven Lake Houston Area developments – four from last week and three new.
Perry Homes’ Woodridge Village
On April 28, 2020, Harris County Commissioners approved the purchase of Woodridge Village from Perry Homes with two conditions: 1) that the City of Houston would defray half the cost by contributing $7mm worth of land that HCFCD needed for other flood control costs, 2) that the City would adopt new Atlas-14 rainfall statistics.
The next day, Houston Mayor Pro Tem Dave Martin discussed the deal on a Facebook live “virtual lunch” with the Lake Houston Area Chamber. At about 26:20 into the video, he said that the stipulations had already been agreed to. He said the City had already identified 11 pieces of property, 6 of which were presented to the County during its consideration of the deal in executive session the previous night. He also said the City would divert water from Taylor Gully to the Kingwood Diversion Ditch and build a barrier between Elm Grove and Woodridge, while the county built a regional detention facility.
Perry contractors went back to work the next day before Martin spoke. They continued working all week. They worked near Mace in Porter, on N2 (the large detention pond in the middle of the western border), and N3 (another detention pond on the eastern border).
A reliable source who needs to remain anonymous told me that the work was at the request of Perry’s lawyers. The source said that Perry and its contractors were simply complying with their contract.
This week marks the anniversary of the first storm (May 7th) that landed Perry in hot water. And forecasters predict an above-average hurricane season, which starts in four weeks. The lawyers may have had that on their minds, too. As they say in legal circles, “The third time is the pen.” Woodridge contributed to flooding Elm Grove twice last year, in May and September.
Excavator working near Mace in Porter on April 29, 2020.
Romerica’s “Orchard Seeded Ranches”
This is the 331-acre project formerly known as the Heron’s Kingwood. It wound around the Barrington and River Grove Park. Romerica is now trying to develop the same land under a different name, “Orchard Seeded Ranches.”
However, on Thursday, 4/30/2020, the Houston Planning Commission deferred approval of the developer’s General Plan.
General Plan of Orchard Seeded Ranches in Kingwood Texas
The Commission then asked the developer to consult with the City Engineer; the Planning and Development Department; and Harris County Flood Control before bringing further requests back to the Commission.
That should send a strong signal to the developer that rough waters lie ahead. Any proposal will likely be debated publicly when/if the developer returns.
The development is still listed in CoH’s PlatTracker. So we will continue to watch this one.
Holley’s Kingwood Cove Golf Course Redevelopment
A review of the City of Houston’s PlatTracker Plus Map indicates that Holley has not yet applied for any permits on the golf course in Forest Cove. City of Houston confirmed that via a FOIA request (Freedom of Information Act).
Note how golf course on left is unshaded. That indicates no activity with the Planning Commission. Compare that to the purple area on the right for Romerica’s property. That indicates approval of a General Plan is still pending.
A review of the Harris County Appraisal District website indicates a limited liability company in Pittsburgh, PA, actually owns the golf course.
Harris County Appraisal District info for property at 805 Hamblen, aka Kingwood Cove Golf Course.
It’s not unusual for developers to use other people’s money. I shall continue to watch this. Holley says his engineer is reworking plans based on input from people surrounding the course.
Ryko Property Near Confluence of Spring Creek and West Fork
This property is in Montgomery County and the City of Houston’s Extra Territorial Jurisdiction. The Montgomery County Engineers office says the company has not yet filed any plans that have been approved. The City of Houston PlatTracker Plus Map also shows the owner has not yet filed any applications.
US FWS Wetlands Map shows wetlands throughout the Ryko property between Spring Creek and the West Fork.
New Caney ISD High School #3
Dark green area in center between Sorters Rd. and 59 is future home of New Caney ISD High School #3.
The New Caney Independed School District plans to build a third high school south of the HCA Kingwood Medical Center and behind the car dealerships that front US59. I don’t know much more about this except that they plan to extend roads into the area that is now forest. High schools usually have large parking lots. And that means rapid drainage. It is unclear at this time whether MoCo will require detention ponds.
Northpark Woods
Looking northwest at Northpark Woods from over Sorters/McClellan Road. The drainage ditch on the left parallels Northpark Drive. Sand mines and the West Fork are in the background.Photo 4/21/2020.
This high-density development along the West Fork San Jacinto River in Montgomery County is now about one-third to one-half built. Construction continues.
The Colonies in Plum Grove
North of SH99 in Plum Grove and east of the East Fork in Liberty County, lies one of the largest developments in the Houston region without detention ponds.
Formally known as Colony Ridge, some locals call it “The Colonies.” Colony Ridge bills itself as a “master-planned” community with six major subdivisions: Sante Fe, Camino Real, Grand San Jacinto, Rancho San Vincente, Montebello, and Bella Vista. Together they comprise 30,478 lots on approximately 10,000 acres at present. And they’re still growing!
The Colonies currently cover an area almost as large as Kingwood. Photo 4/21/2020.Drainage empties into the East Fork San Jacinto. While flying over the area, I did not see one detention pond. Mobil homes make up most of the housing stock.Note open-ditch drainage.
Colony Ridge advertises itself as “an escape from the city, land on which to grow and build a home, no restrictions and easy credit.” Aerial photos reveal people scratching out hardscrabble lives on barren lots.
This is a blue collar neighborhood. The developer says his target market is poor Latino laborers. They see this as a step up from apartment living and a chance to own a part of the American dream.
But while flying over it, I did not see one detention pond.
As SH99, the Grand Parkway, pushes east from 59, this area will boom. Without better drainage regulations, Liberty County and Plum Grove will heap their drainage problems on those downstream.
FEMA’s National Flood Hazard Layer Viewer shows East Fork Flood Plains relative to Colony Ridge (right).
The good news is that Liberty County has joined with seven other counties to form a Southeast Texas Drainage District. The bad news is that Harris County is not one of the seven.
Posted by Bob Rehak on 5/3/2020
978 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/05/20200421-RJR_1204.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-05-03 10:41:082020-05-03 11:00:12Development Watchlist: Perry, Romerica, Colony Ridge and More
Planning Commission Concerns About Romerica Land Seem More Procedural than Flood-Related
Last week, the Houston Planning Commission deferred approval of the General Plan for Romerica’s Orchard Seeded Ranches in Kingwood. A City of Houston Planning and Development Department document obtained this afternoon suggests that concerns about the West Fork development may have been more procedural than flood-related.
Half of Land in Floodway
Half of the land lies in the floodway of the West Fork. The other half lies in the hundred-year floodplain. The development would be built on the same property that Romerica tried to get approved last year. The company wanted to build a series of high rises and 5,000 condominiums. That proposal drew a record 770 letters of protest to the Army Corps. Despite all that…
Last week it appeared that the balance of power might be shifting at City Hall from developers to flood-weary residents. This week, it appears the other way around.
Only Harris County Flood Control Raises Serious Objections
Harris County Flood Control District (HCFCD) recommended deferral of any approvals until the master drainage plan for the development is reviewed. HCFCD also said, “This area has historically been prone to flooding with numerous home buyouts immediately to the west. The Flood Control District, City of Houston, Montgomery County, and San Jacinto River Authority are working on a planning study to reduce flood risk in this area.”
Those partners should complete the San Jacinto Regional Watershed Master Drainage Plan final report by September this year.
Part of that plan will include new flood surveys. They will likely show the floodway expanding to take in an even greater percentage of Romerica’s property.
Gear Up for Another Lengthy Fight
It should not take the developer much time to address City’s concerns. It’s unclear at this time whether the City will heed the HCFCD’s concerns.
As a result, this controversy could wind up back in the hands of the Army Corps and/or the US Fish and Wildlife Service again. Last year, the Fish and Wildlife Service wrote an uncharacteristically frank recommendation to the Corps, urging the Corps to deny Romerica’s permit. Their reasoning had to do with the value of wetlands on the property and the presence of American Bald Eagles, a protected species.
In the meantime, the developer may realize that it still faces an uphill struggle even with City approval. Perhaps they will come to their senses and sell this land to a group or groups that wish to preserve it as green space for flood control and recreation.
As if to underscore the value of that proposition, the Bayou City Initiative today announced a virtual meeting to discuss the difficulty of mass evacuations and sheltering during the hurricane season as the COVID crisis continues. Remember that most of this land was under 20+ feet of water during Harvey.
Posted by Bob Rehak on 4/5/2020
980 Days since Hurricane Harvey
Are Sand Mine Dikes Designed to Fail? State Sets No Standards
More than one engineer has told me that sand mine dikes appear as though they are designed to fail. Part of the problem is that the State sets no standards for their construction; the State simply says they must be “effective.” But there are only minor penalties if they prove ineffective.
How Sand Mines Use Water
Mines use water to separate sand from silt by spinning the mixture through a centrifuge. The large sand particles go to a stockpile. The smaller silt particles return to a settling pond. If left long enough, the water clarifies and can safely be released.
The constant inflow of silty water in the settling pond creates a delta that raises the water level.
Constant Battle Against Silt and Water
The problem, however, is the buildup of silt and water over time.
Last November, the Texas Commission on Environmental Quality cited the LMI Moorhead mine for the unauthorized discharge of 56 million gallons of white goop into the San Jacinto West Fork. It had 25X more suspended solids than water from upstream.
Sadly, this is not an isolated problem. I have documented breaches in most San Jacinto River mines.
Road Disappears as Dike Gets Higher
Since then, aerial photos show that LMI is building dikes higher to prevent future releases. But as the thin dikes made out of sand/silt get higher, they also get narrower. They seem designed to fail at some point.
Process waste water leaks through them into surrounding wetlands and the West Fork. To keep the dikes from failing, the mine even appears to be pumping water out of its pit into the wetlands.
A large rain could easily overwhelm these dikes and cause another failure. As a starting point, review the satellite photo below from Google Earth. It was taken about a month after a major breach from another part of the mine. Note the perimeter road around the entire pond. It disappears in aerial photos taken a few months later.
Now compare that to this series of helicopter photos taken on 4/21/2020. The series starts in the upper right of the satellite photo and heads south (toward the bottom of the satellite image). This area of the mine is far from public view, except from a helicopter..
Where 56 Million Gallons Allegedly Entered River
Note the difference in the color of the water in the pond and in the river in the photo below. The pond color has not changed during the eight months I have been documenting these sand mining operations from the air.
No Texas Regulations Govern Dike Construction
Unfortunately, the State of Texas has no regulations that address construction of dikes.
I asked Ramiro Garcia, head of enforcement for the TCEQ, this question. “Does Texas have regulations for sand mines that affect the width, height, slope, compaction, and materials used in perimeter dikes or barriers?“
His reply: “The Industrial Stormwater Multi-Sector General Permit requires the use of pollution prevention practices that can effectively protect the water quality in receiving waters, or that are necessary for remaining in compliance with the general permit. The GP states that “the permittee shall evaluate and use appropriate measures and controls to reduce soil erosion and sedimentation in areas of the facility with demonstrated or potential soil erosion and sedimentation” (Part III.A.4(c)). There are no specific requirements for width, height, slope, compaction, or materials for dikes or barriers.“
So the permittee gets to determine what’s “appropriate”!
Designed to Fail?
The lack of regulation is how we get strips of sand a couple feet wide holding back hundreds of millions of gallons of waste water. One big rain, a flood, and the wastewater buildup is gone. Conveniently!
If the TCEQ discovers an unauthorized discharge, the mine pays a “slap on the wrist” fine. They average about $800. That’s why I ask, “Are sand mine dikes designed to fail?” It seems cheaper and easier to pay the fine than build earthworks that protect the source of drinking water for 2 million people.
State Rep. Dan Huberty tried to implement effective sand mining regulations during the last legislative session. Unfortunately, most of the mining bills he sponsored died in committee. I’m using the time before the next session to document mining practices on the San Jacinto. Hopefully, we’ll be able to make a better case next year.
Posted by Bob Rehak on 5/4/2020
979 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.
Development Watchlist: Perry, Romerica, Colony Ridge and More
Here’s an update to last week’s watchlist. It includes seven Lake Houston Area developments – four from last week and three new.
Perry Homes’ Woodridge Village
On April 28, 2020, Harris County Commissioners approved the purchase of Woodridge Village from Perry Homes with two conditions: 1) that the City of Houston would defray half the cost by contributing $7mm worth of land that HCFCD needed for other flood control costs, 2) that the City would adopt new Atlas-14 rainfall statistics.
The next day, Houston Mayor Pro Tem Dave Martin discussed the deal on a Facebook live “virtual lunch” with the Lake Houston Area Chamber. At about 26:20 into the video, he said that the stipulations had already been agreed to. He said the City had already identified 11 pieces of property, 6 of which were presented to the County during its consideration of the deal in executive session the previous night. He also said the City would divert water from Taylor Gully to the Kingwood Diversion Ditch and build a barrier between Elm Grove and Woodridge, while the county built a regional detention facility.
Perry contractors went back to work the next day before Martin spoke. They continued working all week. They worked near Mace in Porter, on N2 (the large detention pond in the middle of the western border), and N3 (another detention pond on the eastern border).
A reliable source who needs to remain anonymous told me that the work was at the request of Perry’s lawyers. The source said that Perry and its contractors were simply complying with their contract.
This week marks the anniversary of the first storm (May 7th) that landed Perry in hot water. And forecasters predict an above-average hurricane season, which starts in four weeks. The lawyers may have had that on their minds, too. As they say in legal circles, “The third time is the pen.” Woodridge contributed to flooding Elm Grove twice last year, in May and September.
Romerica’s “Orchard Seeded Ranches”
This is the 331-acre project formerly known as the Heron’s Kingwood. It wound around the Barrington and River Grove Park. Romerica is now trying to develop the same land under a different name, “Orchard Seeded Ranches.”
However, on Thursday, 4/30/2020, the Houston Planning Commission deferred approval of the developer’s General Plan.
The Commission then asked the developer to consult with the City Engineer; the Planning and Development Department; and Harris County Flood Control before bringing further requests back to the Commission.
That should send a strong signal to the developer that rough waters lie ahead. Any proposal will likely be debated publicly when/if the developer returns.
The development is still listed in CoH’s PlatTracker. So we will continue to watch this one.
Holley’s Kingwood Cove Golf Course Redevelopment
A review of the City of Houston’s PlatTracker Plus Map indicates that Holley has not yet applied for any permits on the golf course in Forest Cove. City of Houston confirmed that via a FOIA request (Freedom of Information Act).
A review of the Harris County Appraisal District website indicates a limited liability company in Pittsburgh, PA, actually owns the golf course.
It’s not unusual for developers to use other people’s money. I shall continue to watch this. Holley says his engineer is reworking plans based on input from people surrounding the course.
Ryko Property Near Confluence of Spring Creek and West Fork
This property is in Montgomery County and the City of Houston’s Extra Territorial Jurisdiction. The Montgomery County Engineers office says the company has not yet filed any plans that have been approved. The City of Houston PlatTracker Plus Map also shows the owner has not yet filed any applications.
New Caney ISD High School #3
The New Caney Independed School District plans to build a third high school south of the HCA Kingwood Medical Center and behind the car dealerships that front US59. I don’t know much more about this except that they plan to extend roads into the area that is now forest. High schools usually have large parking lots. And that means rapid drainage. It is unclear at this time whether MoCo will require detention ponds.
Northpark Woods
This high-density development along the West Fork San Jacinto River in Montgomery County is now about one-third to one-half built. Construction continues.
The Colonies in Plum Grove
North of SH99 in Plum Grove and east of the East Fork in Liberty County, lies one of the largest developments in the Houston region without detention ponds.
In January of 2017, the Houston Chronicle wrote about how La Colonia was transforming Plum Grove. They interviewed local residents who lamented the loss of forests. ABC13 ran a story about the squalid living conditions. Yet the area continues to expand.
Formally known as Colony Ridge, some locals call it “The Colonies.” Colony Ridge bills itself as a “master-planned” community with six major subdivisions: Sante Fe, Camino Real, Grand San Jacinto, Rancho San Vincente, Montebello, and Bella Vista. Together they comprise 30,478 lots on approximately 10,000 acres at present. And they’re still growing!
Colony Ridge advertises itself as “an escape from the city, land on which to grow and build a home, no restrictions and easy credit.” Aerial photos reveal people scratching out hardscrabble lives on barren lots.
This is a blue collar neighborhood. The developer says his target market is poor Latino laborers. They see this as a step up from apartment living and a chance to own a part of the American dream.
As SH99, the Grand Parkway, pushes east from 59, this area will boom. Without better drainage regulations, Liberty County and Plum Grove will heap their drainage problems on those downstream.
The good news is that Liberty County has joined with seven other counties to form a Southeast Texas Drainage District. The bad news is that Harris County is not one of the seven.
Posted by Bob Rehak on 5/3/2020
978 Days after Hurricane Harvey