In a meeting today, the Houston Planning Commission deferred automatic approval of the general plan for Orchard Seeded Ranches by taking the item off the consent agenda. 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.
Taking the item off today’s consent agenda 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.
History of Project
Last year, Romerica filed a permit application to build 5,000 condos and several high-rises up to 50 stories tall on 331 acres near the floodway of the San Jacinto West Fork. After a record number of people and groups filed protests with the Army Corps of Engineers, the Corps withdrew the application. But now the developer is back – with a different name – Orchard Seeded Ranches. However, Harris County Appraisal District indicates that the same people still own the land.
For orientation, the developed area in the middle is the Barrington. The line down the west side is Woodland Hills Drive. And the river at the bottom is the West Fork.
Filing a “general plan” like this is the first step in developing property. The developer has not yet submitted detailed plats showing construction details.
Virtually Entire Development in Floodway or Floodplain
About half of the Orchard Seeded Ranches lies in the floodway of the San Jacinto West Fork. FEMA defines floodways as the main current of a river during a flood. In the map below, that includes everything beneath the red line.
Purple area = Orchard Seeded Ranches. Red line = extent of floodway north of San Jacinto West Fork.Virtually half of subdivision would be in floodway.
Virtually all of the purple area above the red line lies in the floodplain. FEMA defines a floodplain as “storage” for water during a flood. That means water covers the land without moving rapidly.
I created the map above by combining the area to be developed with the FEMA flood map below.
Every part of the proposed development contains wetlands to some extent.
Note how the areas around the Barrington and River Grove Park are filled with wetlands (green areas). From US Fish and Wildlife Service National Wetlands Mapper.Active bald eagle nest adjacent to development. Photo courtesy of Emily Murphy.
US Fish and Wildlife documented another eagle’s nest on the developer’s property. And the Balcom family, which lives near the western edge of the developer’s property, regularly photographs eagles from their balcony.
What’s in a Name
The name sounds as if the development would be lower density than the 50-story high-rises previously planned. But you never know. In the development business, names often have more evocative than literal significance. Look at the Houston Heights. Bridgeland (on the prairie). Mount Houston. You get the idea.
Community Considerations
Whatever the development is, when and if the developer returns to the Planning Commission, we should not forget that:
When floodplain maps are redrawn using Atlas-14 data, that floodway will likely expand significantly.
High water during Harvey at Balcom house on River Bend reached the second story.
A Less Risky, Less Costly Alternative
All of these factors will increase the risk and cost of any development.
Light pole near River Bend in North Shore as Harvey receded. Note the “wet marks” several feet up on pole. Photo by Jim Balcom.
The safest, sanest course for the developer – before putting more money at risk –would be to meet with community representatives about:
Purchasing this land
Putting a conservation easement on it
Letting it revert to nature and turning it into park land
Harris County Flood Control District has $175 million allocated in the flood bond for partnership projects with “Municipalities, Authorities, and Other Districts in Harris County.” See item Z100-00-00-MUNI.
That money could help purchase such property and turn it into green space forever. KSA, the Lake Houston Chamber, civic leaders and residents should get behind that idea. Judging by the response to Romerica’s last offering, it’s clear that residents would much rather see this area turned into parks than see the San Jacinto turn it into blight.
Harris County Judge Lina Hidalgo conducting virtual discussion of the purchase of Woodridge Village Property.
In another marathon session that lasted more than 12 hours Tuesday, Harris County Commissioners finally approved a deal to purchase Perry Homes/Figure Four Partners’ Woodridge Village Property for $14 million. Woodridge contributed to flooding Elm Grove Village twice last year.
Two Conditions Still on Deal
The offer will be made to Perry Homes immediately. However, it will be with the understanding that the City of Houston must:
Adopt Atlas 14 rainfall standards, including within its extra territorial jurisdiction.
Deed $7 million worth of other land (unrelated to this deal) to the Harris County Flood Control District to help complete other flood mitigation projects.
If the City fulfills the conditions, the Perry land would be used to create regional flood-control detention.
Commissioner Cagle Optimistic
Immediately after the meeting, Commissioner Jack Cagle spoke with City of Houston Mayor Pro Tem Dave Martin who also serves as City Council Member for Elm Grove/Kingwood. According to aids, Cagle was optimistic that the City could meet the conditions.
The County treasurer doesn’t yet have permission to write a check, but this is progress.
Commissioner Cagle made the motion. Commissioner Garcia seconded. The motion carried unanimously.
Money for the purchase would come out of Flood Control District bond funds allocated for drainage improvements in the San Jacinto watershed.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/04/Lina.jpg?fit=1200%2C749&ssl=17491200adminadmin2020-04-28 23:07:502020-04-29 05:01:12County Approves Elm Grove Deal with Two Conditions
Portion of Texas Concrete Mine in Plum Grove on 4/21/2020.
Last September 24, less than a week after Imelda, the TCEQ issued a notice of enforcement to the Texas Concrete Sand Mine in Plum Grove on the East Fork of the San Jacinto. The report noted that the mine was abandoned; no activity had been observed there in the two months before Imelda. And no personnel were onsite when investigators visited the operation.
Imelda dumped 30.4 inches of rain on this exact location on 9/17/2019 and days later, investigators found four breaches leaking pit water into the East Fork.
Purpose of Soil Stabilization
Sediment and other pollution can escape through breaches in the mine’s dikes and affect water quality all the way down to Lake Houston. Stabilizing soil helps prevent erosion and water pollution, and thus reduces sediment buildups that can contribute to flooding. I discuss TCEQ standards for final soil stabilization in this post. As you can see in the photo above, this site does not have “perennial vegetative cover with a density of 70 percent (%) of the native background vegetative cover … on all unpaved areas and areas not covered by permanent structures.”
Thus it represents a high risk of pollution.
No Activity Observed for Months, Signs Removed
Josh Alberson, a Kingwood resident, traced excessive turbidity in the East Fork to the mine during the same period and visited it on several occasions. He also observed no activity then or today. Alberson took the three photos below this evening.
This post used to hold the operation’s identifying sign, according to Alberson. These posts used to hold the safety sign for Texas Concrete.It certainly appears as though someone no longer wants to be identified with the problems remaining on this site.Past the gate, nothing remained but broken pipe and equipment left to rust. Alberson could see no recent tire tracks in or out. The unguarded, barely fenced operation likely represents a safety hazard to area kids.
Aerial photos taken last week showed no activity at the plant and no processing equipment. However, several dump trucks, a bulldozer and a dredge remained on the property.
Comparing the images below with the Landsat photo in Google Earth dated 12/1/2019 shows that none of the equipment has moved for at least five months and most likely longer.
Pipes, an excavator and fallen light pole have blocked the entry to the plant since 12/1/2019.None of the other equipment has moved since then either.Mine’s dredge is on dry ground and no longer operational.Comparison with 12/1/2019 Google Earth image shows that the dredge has not moved since then.
Alberson also says that the breaches he reported to the TCEQ last year still remain.
Texas Concrete Says “No Mine in Plum Grove”
The phone number for the plant’s manager (listed in the TCEQ report) has been disconnected and is no longer in service. A receptionist at Texas Concrete’s headquarters was unaware of the man listed as president of the mine in the TCEQ report. She also said “we have no mine in Plum Grove.”
TCEQ Says No Active Permits For Mine
Christian Eubanks, an investigator for the TCEQ says the plant has no active permits. He investigated the plant last year and has opened a new investigation.
Google Earth shows the mine covers approximately 147 acres and borders the East Fork for more than a mile. In its current state, even more breaches could open up in the next big storm and no one would be there to fix them.
This site represents a preventable disaster in the making. But what to do?
Former Texas Concrete Plant in Plum Grove as seen in Google Earth.
Currently, Texas regulations state that a mine needs a reclamation plan to get a permit. However, there are no regulations stating they must execute the plan before abandoning the property.
The time to think about a major expense, such as reclamation, is NOT what all the profit has left a mine. That, of course, should be done upfront – before mining starts and profits roll in. Duh!
Texas should also exercise eminent domain when miners ignore their reclamation responsibilities. These abandoned pits can represent dangers to neighborhood kids.
Pits can have steep slopes and sharp drop offs. Some, reputedly are 90 feet deep. Roads around them collapse. The sides often cave in. They can even harbor dangerous bacteria.
With money from forfeited performance bonds (if miners fail in their reclamation responsibilities), Texas could turn abandoned mines into parks for people and wildlife to enjoy. And it wouldn’t be at taxpayer expense.
Walking away from reclamation responsibilities is just another way to externalize clean up costs that some mines reportedly build into their business plans.
It’s shameful. State Rep. Dan Huberty has campaigned for more than a decade for sensible sand mine legislation. He had this to say about the Texas Concrete case. “We are working with TCEQ and will be requiring the land owner to remediate.” He added, “We will also be drafting legislation to require bonds that ensure clean up after they are done mining and hold the owners liable for non-performance.”
When aggregate companies have outstanding issues such as the Plum Grove mine, I personally would like to see their ability to do business with TxDoT suspended. That would get compliance quickly.
Posted by Bob Rehak on April 28, 2020with thanks to Dan Huberty, Josh Alberson and the TCEQ
753 Days since Hurricane Harvey and 222 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/2020/04/Texas-Concrete-Plum-Grove.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-04-28 17:16:252020-05-06 21:18:44Abandoned Texas Concrete Mine in Plum Grove Still Hasn’t Stabilized Soil or Removed Equipment
Houston Planning Commission defers approval of “Orchard Seeded Ranches”
In a meeting today, the Houston Planning Commission deferred automatic approval of the general plan for Orchard Seeded Ranches by taking the item off the consent agenda. 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.
Taking the item off today’s consent agenda 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.
History of Project
Last year, Romerica filed a permit application to build 5,000 condos and several high-rises up to 50 stories tall on 331 acres near the floodway of the San Jacinto West Fork. After a record number of people and groups filed protests with the Army Corps of Engineers, the Corps withdrew the application. But now the developer is back – with a different name – Orchard Seeded Ranches. However, Harris County Appraisal District indicates that the same people still own the land.
Location of Property
The property is identical to the property Romerica tried to develop as The Herons of Kingwood last year. The General Plan below was downloaded from the City of Houston’s PlatTracker website.
For orientation, the developed area in the middle is the Barrington. The line down the west side is Woodland Hills Drive. And the river at the bottom is the West Fork.
Filing a “general plan” like this is the first step in developing property. The developer has not yet submitted detailed plats showing construction details.
Virtually Entire Development in Floodway or Floodplain
About half of the Orchard Seeded Ranches lies in the floodway of the San Jacinto West Fork. FEMA defines floodways as the main current of a river during a flood. In the map below, that includes everything beneath the red line.
Virtually all of the purple area above the red line lies in the floodplain. FEMA defines a floodplain as “storage” for water during a flood. That means water covers the land without moving rapidly.
I created the map above by combining the area to be developed with the FEMA flood map below.
Wetlands Issues Also Abound
Every part of the proposed development contains wetlands to some extent.
US Fish and Wildlife documented another eagle’s nest on the developer’s property. And the Balcom family, which lives near the western edge of the developer’s property, regularly photographs eagles from their balcony.
What’s in a Name
The name sounds as if the development would be lower density than the 50-story high-rises previously planned. But you never know. In the development business, names often have more evocative than literal significance. Look at the Houston Heights. Bridgeland (on the prairie). Mount Houston. You get the idea.
Community Considerations
Whatever the development is, when and if the developer returns to the Planning Commission, we should not forget that:
A Less Risky, Less Costly Alternative
All of these factors will increase the risk and cost of any development.
The safest, sanest course for the developer – before putting more money at risk –would be to meet with community representatives about:
Harris County Flood Control District has $175 million allocated in the flood bond for partnership projects with “Municipalities, Authorities, and Other Districts in Harris County.” See item Z100-00-00-MUNI.
That money could help purchase such property and turn it into green space forever. KSA, the Lake Houston Chamber, civic leaders and residents should get behind that idea. Judging by the response to Romerica’s last offering, it’s clear that residents would much rather see this area turned into parks than see the San Jacinto turn it into blight.
Posted by Bob Rehak on 4/30/2020
975 Days after Hurricane Harvey
County Approves Elm Grove Deal with Two Conditions
In another marathon session that lasted more than 12 hours Tuesday, Harris County Commissioners finally approved a deal to purchase Perry Homes/Figure Four Partners’ Woodridge Village Property for $14 million. Woodridge contributed to flooding Elm Grove Village twice last year.
Two Conditions Still on Deal
The offer will be made to Perry Homes immediately. However, it will be with the understanding that the City of Houston must:
Commissioner Cagle Optimistic
Immediately after the meeting, Commissioner Jack Cagle spoke with City of Houston Mayor Pro Tem Dave Martin who also serves as City Council Member for Elm Grove/Kingwood. According to aids, Cagle was optimistic that the City could meet the conditions.
The County treasurer doesn’t yet have permission to write a check, but this is progress.
Commissioner Cagle made the motion. Commissioner Garcia seconded. The motion carried unanimously.
Money for the purchase would come out of Flood Control District bond funds allocated for drainage improvements in the San Jacinto watershed.
Listen to the Commissioners Here
For a complete recording of the discussion and vote, click here. The “Russ” referred to in the audio is Russ Poppe, executive director of Harris County Flood Control District.
Posted by Bob Rehak on 4/29/2020
974 Days after Hurricane Harvey
Abandoned Texas Concrete Mine in Plum Grove Still Hasn’t Stabilized Soil or Removed Equipment
Last September 24, less than a week after Imelda, the TCEQ issued a notice of enforcement to the Texas Concrete Sand Mine in Plum Grove on the East Fork of the San Jacinto. The report noted that the mine was abandoned; no activity had been observed there in the two months before Imelda. And no personnel were onsite when investigators visited the operation.
Imelda dumped 30.4 inches of rain on this exact location on 9/17/2019 and days later, investigators found four breaches leaking pit water into the East Fork.
Purpose of Soil Stabilization
Sediment and other pollution can escape through breaches in the mine’s dikes and affect water quality all the way down to Lake Houston. Stabilizing soil helps prevent erosion and water pollution, and thus reduces sediment buildups that can contribute to flooding. I discuss TCEQ standards for final soil stabilization in this post. As you can see in the photo above, this site does not have “perennial vegetative cover with a density of 70 percent (%) of the native background vegetative cover … on all unpaved areas and areas not covered by permanent structures.”
Thus it represents a high risk of pollution.
No Activity Observed for Months, Signs Removed
Josh Alberson, a Kingwood resident, traced excessive turbidity in the East Fork to the mine during the same period and visited it on several occasions. He also observed no activity then or today. Alberson took the three photos below this evening.
Aerial photos taken last week showed no activity at the plant and no processing equipment. However, several dump trucks, a bulldozer and a dredge remained on the property.
Comparing the images below with the Landsat photo in Google Earth dated 12/1/2019 shows that none of the equipment has moved for at least five months and most likely longer.
Texas Concrete Says “No Mine in Plum Grove”
The phone number for the plant’s manager (listed in the TCEQ report) has been disconnected and is no longer in service. A receptionist at Texas Concrete’s headquarters was unaware of the man listed as president of the mine in the TCEQ report. She also said “we have no mine in Plum Grove.”
TCEQ Says No Active Permits For Mine
Christian Eubanks, an investigator for the TCEQ says the plant has no active permits. He investigated the plant last year and has opened a new investigation.
Texas Concrete is a member of TACA (Texas Aggregate and Concrete Association) and lists highway materials as a major line of business. (I’ll come back to that later.)
Public Policy Implications
Google Earth shows the mine covers approximately 147 acres and borders the East Fork for more than a mile. In its current state, even more breaches could open up in the next big storm and no one would be there to fix them.
This site represents a preventable disaster in the making. But what to do?
The time to think about a major expense, such as reclamation, is NOT what all the profit has left a mine. That, of course, should be done upfront – before mining starts and profits roll in. Duh!
Some states force mines to post performance bonds for reclamation before issuing the initial permit to construct a mine. That makes sense. Texas should adopt that policy. This case shows why.
The Eminent Domain Option
Texas should also exercise eminent domain when miners ignore their reclamation responsibilities. These abandoned pits can represent dangers to neighborhood kids.
Pits can have steep slopes and sharp drop offs. Some, reputedly are 90 feet deep. Roads around them collapse. The sides often cave in. They can even harbor dangerous bacteria.
With money from forfeited performance bonds (if miners fail in their reclamation responsibilities), Texas could turn abandoned mines into parks for people and wildlife to enjoy. And it wouldn’t be at taxpayer expense.
It’s shameful. State Rep. Dan Huberty has campaigned for more than a decade for sensible sand mine legislation. He had this to say about the Texas Concrete case. “We are working with TCEQ and will be requiring the land owner to remediate.” He added, “We will also be drafting legislation to require bonds that ensure clean up after they are done mining and hold the owners liable for non-performance.”
When aggregate companies have outstanding issues such as the Plum Grove mine, I personally would like to see their ability to do business with TxDoT suspended. That would get compliance quickly.
Posted by Bob Rehak on April 28, 2020 with thanks to Dan Huberty, Josh Alberson and the TCEQ
753 Days since Hurricane Harvey and 222 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.