Contractors Begin Excavation of N1 Detention Pond at Perry Homes’ Woodridge Village

In the last week, contractors have finally started excavating the N1 detention pond at Woodridge Village. Work on the excavation of N2 continues. It also appears that they may have started prep work for excavating the N3 pond. See photos below.

All this comes:

The next Commissioners’ Court Meeting is set for May 19. The agenda for that meeting should be posted May 15.

Excavation Begins on N1 Pond (First Pond on Northern Section)

On May 5, 2020, Jeff Miller, an Elm Grove resident, noticed excavation activity near the Webb Street entrance to Perry Homes’ Woodridge Village. Engineers designated this area for the N1 (first northern) detention pond.

Photo Courtesy of Jeff Miller from Webb Street Entrance in Porter taken on 5/5/2020 shows excavation beginning on N1
Closer photo by Miller from Webb Street Entrance also taken on 5/5/2020
Wider shot by Miller on same date shows additional prep work on N1 site

Miller also shot this video on 5/6/2020, showing the progress contractors have made on the excavation in one day.

Video by Jeff Miller, Elm Grove resident on 5/6/2020.

N2 Excavation Continues

I took the shot below on May 1 with a telephoto lens from the north end of Village Springs in Elm Grove. It shows excavation work continuing on the N2 pond.

Excavation work on N2. Photo taken on 5/1/2020.

Additional Work in Area of N3 Pond

Additional work near area of N3. This excavator was loading up three dump trucks on May 1, 2020.
The dump trucks hauled dirt back to the soupy portion of the Woodridge Villages northern section, then circled back.

On May 5th, Jeff Miller photographed the N3 area from a closer vantage point. It appears only the surface layer has been scraped off so far.

Photo of N3 area courtesy of Jeff Miller taken on 5/5/2020.

Putting New Work in Context of Entire Project

Here’s the layout for the five Woodridge Village Detention Ponds. Contractors finished work on the two southern ponds earlier this year.

Woodridge Village has five detention ponds at various stages of completion. Northern ponds are now under construction. Southern ponds are completed.
At the time of last year’s May flood, only S1 was complete. S2 was substantially completed by September’s flood. The northern ponds had not yet been started.

When the northern detention ponds are complete, the detention system will still not be fully functional because there are no streets or storm drains yet to funnel water into them. Still, some detention is better than no detention with hurricane season three weeks away and an above average season predicted.

City Still Needs to Meet Two Conditions

Perry Homes swears that the work being done now will not affect the purchase price if the County makes a decision on the property by May 15th. At their last meeting, commissioners made the purchase contingent on the City of Houston:

  • Adopting Atlas-14 rainfall statistics
  • Donating $7 million worth of land to HCFCD for flood control projects and to help offset the purchase price of Perry’s property.

No items relating to the purchase appeared on this week’s City Council agenda. But Council meets again next week before the deadline expires.

The County hopes to meet with the City next week to discuss the donation of land. The County also reportedly feels that the four days between Perry Homes’ extended deadline (May 15) and the next commissioners’ court meeting (May 19) will not present a problem if the the City meets the conditions.

Posted by Bob Rehak on 5/6/2020 with thanks to Jeff Miller

981 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.

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.

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.
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.

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.

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 near River Bend in North Shore as Harvey receded. Note the "wet marks" several feet up on pole. Photo by Jim Balcom.
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

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.

Water and silt go one way, sand the other.

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.

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.

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.

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 exists and 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 new Artavia 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.