LJA Engineers 2200-Acre Artavia Development in Montgomery County Without Detention Ponds

Last August, I posted about a loophole in Montgomery County Flood Plain regulations. It allowed all developers who could prove they were “beating the peak” of a flood to bypass the requirement for detention ponds. Montgomery County Commissioners decided to leave the loophole open. They said, “We don’t have a flooding problem.”

Giant Development Exploits Detention Loophole

It all seemed somewhat academic at the time – unless you previously flooded from upstream development. Then along came Imelda. The absence of functioning detention ponds on Perry Homes’ Woodridge Village property underscored the need for adequate detention for the second time in five months when hundreds of homes downstream in Kingwood flooded.

Now there’s a 2,200 acre development called Artavia going in upstream from the Lake Houston Area – without detention ponds.

Artavia straddles FM1314 south of 242.

Artavia neighborhood entrance and model homes.

The engineering company for the developer, Aliana, claims their calculations show that floodwater from Artavia will beat the peak of a flood to the West Fork by 35 hours. Dasa Crowell, PE, LJA’s Project Manager for Hydrology and Hydraulics, thus concluded, “This leads us to a conclusion that the peak flows generated by the runoff from project drainage area will have no impact on the WFSJR under proposed conditions, therefore detention is not required.” See page 56 of this PDF.

In fairness, the development does include a retention pond in Section 1 labeled as a detention/amenity pond. However, aerial photos show that it has only a few feet of excess storage capacity above its normal water surface elevation. See the plans here. It’s certainly not going to hold back a 100-year rain falling over 2200 acres.

Little Buck Amenity Facility/Pond. Note that as-built conditions appear smaller than plans.

Engineers seem to be relying on drainage channels to act as their detention basins, but as we will see, that comes with some risk. And one potentially bad assumption may invalidate the whole concept.

Problems with Beat the Peak

In an interview last July, MoCo Engineer Jeff Johnson argued for closing the “beat the peak” loophole. He said that the data developers use to calculate peaks is decades old; doesn’t reflect the current drainage picture; and that models should change every time a new development comes in, but they don’t.

Because detention costs money and limits the number of salable lots, developers try to get their water to the river as quickly as possible so they can “beat the peak.” Of course, racing to get water to the river in a flood is the exact opposite of what you want to happen if you are a downstream resident. Normally, you want developers to hold water back as long as practical so as not to overwhelm downstream channel capacity.

LJA developed the Artavia River Impact Analysis in 2014 (see page 60). Based on LJA’s assurances, Dan Wilds, then MoCo’s assistant county engineer issued a letter of “no objection.”

“No Impact” So No Detention Requirement

Wilds said in part, “The analysis … demonstrates that the peak flow from the developed tract will pass through the downstream cross-section approximately 35 hours prior to the peak flow from the upstream watershed. The report indicates that the 10-year, 25-year and 100-year events were analyzed and concludes that the runoff from the project drainage area will have no impact to the San Jacinto River under proposed conditions.”

“Based on this information, this office offers no objection to the analysis as presented. Storm water detention will not be required for this development as long as the developed flows up to and including the 100-year event can be adequately conveyed to the San Jacinto River.” For the full text, see page 51 of this PDF.

The Executive Summary of the most recent update of the drainage impact analysis for Artavia states, “The November 2014 memorandum documents the analysis supporting no detention requirement; this analysis provides calculations showing that the proposed Star Ridge Ranch development (as it was then called) drainage system will safely convey the rainfall runoff for rainfall events up to and including the one-percent annual chance (100-year) storm event.”

Similarities Between Woodridge Village and Artavia

Please note that both of these analyses base their conclusions on pre-Atlas-14 rainfall statistics and therefore may understate drainage requirements significantly by up to 40%. LJA did the same with Woodridge Village.

Also note two other similarities with the LJA analysis for Woodridge Village, Perry Homes’ disaster-movie-in-the-making project.

For its modeling, LJA used something called the Clark’s Unit Hydrograph. Their reports never mention the NRCS method specified in the current Montgomery County Drainage Criteria Manual. The use of Clark’s methodology, which minimizes runoff estimates, has become a bone of contention in the Elm Grove lawsuits.

Finally, LJA pushed both the Woodridge and Artavia plans through the MoCo Engineers office right before the drainage criteria manual was about to be updated again with more stringent requirements.

LJA submitted both drainage analyses for MoCo approval within approximately a year of Hurricane Harvey before flood maps, rainfall statistics, drainage criteria, and construction standards were updated.

LJA Engineering was not only playing beat the peak, it was playing beat the clock again. This will be the first of several posts on Artavia. More news to follow.

Posted by Bob Rehak on 3/17/2020

931 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.

Perry Homes Says “Now or Never”: Selling the Titanic With an Iceberg Sticking Out of the Hull

Last week, the Houston Chronicle and Community Impact both ran stories about Perry Home’s potential sale of the Woodridge Village property. That property has been implicated in the flooding of Elm Grove twice last year. Sources who wish to remain anonymous have told me that Perry does NOT WANT to develop the property. They would prefer to sell it.

Those same sources also told me that Perry Homes started out asking for their purchase price of the land PLUS the money they spent partially developing it. However, as I reported last week, based on the newspaper articles, that appears to have changed at this point.

Woodridge Village after the May 7, 2019, flood

Full Text of Perry Homes’ Fact Sheet about Land Sale

Below is the full text of a “fact sheet” along with a link to the original PDF Perry Homes PR people allegedly sent out about the sale of their Woodridge Village Property in Montgomery County. I say allegedly because I have never known a public-relations person to put out information that is not on a letterhead and without contact information.


“FACT SHEET ON WOODRIDGE VILLAGE”

“For several months, we have been in discussions with Harris County to sell the +/- 268-acre Woodridge Village site in Montgomery County so that it can be used for regional detention. Our offer price is our original acquisition cost of $14,019,316.85. This sale would represent a loss of the development costs we have already spent, which are over $9 million to date. We would also be foregoing the future profits we would earn from building and selling homes.”

“The draft study performed by LJA Engineering advised this regional detention concept would remove more than 800 homes from the 500-year floodplain and provide additional flood mitigation for hundreds of other area homes. We are willing to absorb the losses referenced in the paragraph above because of the enormous benefit it will offer to downstream residents in Houston and Harris County.”

“If the property is not going to be used for regional detention, we plan to either develop it for Perry Homes or sell it. Work is ready to start on the remaining detention facilities. We have also listed it for sale to other developers at an initial asking price of $23 million, which will increase as additional funds are expended.”

“We first requested to meet with Harris County back in October 2019, and our first face to face meeting occurred on November 8th. At the request of Harris County officials, we even delayed the construction bid process so the commissioners could consider our proposal in executive session. After the executive session, we were informed that Harris County needed the City of Houston to partner with them to make the project occur. However, we have been informed the city is not looking to partner with the county on this project. In any event, we are concerned about delaying improvements any longer. If, by March 31st, we do not have reason to believe a definitive agreement for regional detention is likely, we will move forward with the remaining infrastructure and continue to entertain private market interest in the property.”

For a printable PDF of the fact sheet, click here.


Key Pieces of New News in Fact Sheet

In my opinion, there were four key pieces of new news in this when its was released.

  • First, Perry Homes has dropped its asking price by no longer demanding to recoup its development costs.
  • Second, Perry Homes’ supplier, LJA Engineering, has determined that turning the property into regional detention could mitigate flooding.
  • Third, Perry Homes is already trying to sell the property on the open market.
  • Fourth, Perry Homes has given Harris County a deadline to make a decision – March 31, 2020.

Reaction to the News

Dropping the asking price shows that Kathy Perry Britton has not become totally untethered from reality. However, it still seems high for someone trying to sell the Titanic with an iceberg sticking out of the side of it.

I wish LJA had told Perry Homes the property needed to become regional detention BEFORE Perry Homes bought the property. Duh!

Good luck, Kathy Perry Britton, with trying to sell this property on the open market. With oil prices below $30, the stock market gyrating wildly, 401K’s losing value, and businesses laying off employees, not many people will rush out to buy homes in the immediate future. Lest we forget, in 1985 when oil prices dropped to $35, housing values in Houston collapsed 50%.

Definition of Chutzpah: Perry Homes

Threatening the one potential buyer with a deadline shows, in my opinion, an incredible amount of chutzpah, as my Jewish friends say. Chutzpah (ho͝otspə) in the original Yiddish sense has a strongly negative connotation. It means “insolence,” “cheek,” “incredible gall” or “audacity.” However, since entering English, the word has taken on a broader, more positive meaning. Today, in the business world it usually means the amount of courage that a person has.

Leo Rosten in The Joys of Yiddish defines the term as “that quality enshrined in a man who, having killed his mother and father, throws himself on the mercy of the court because he is an orphan.”

For Perry Homes to put a deadline on this deal shows incredible chutzpah – especially when the world has become focused on the corona pandemic. It shows a similar and scary disconnectedness.

However, I must admit that everyone wants Perry Homes to do something with this property quickly. And it hardly seems fair to make them invest more money in it if Flood Control is going to buy it tomorrow.

An Offer to Perry Homes

So Kathy, I will make you a deal. I’ll buy Woodridge Village for a dollar. Then you can save face and say you dumped the property for 100 times what it was worth … before it flooded again in the spring rains. But the best part … you can take a $23 million tax deduction and make almost as much money as you would have if you had sold it in the first place. Boom! Done. You ditched that dog! You’re a hero again.

Woodridge Village after May flood. Saving money on earth moving by letting nature do it for you.

If they sell it to me, maybe I will get into the mud spa business.

Posted by Bob Rehak with Jeff Miller’s Titanic line

930 Days since Hurricane Harvey and 179 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.

A Little Bit of Utah’s Bryce Canyon Comes to Conroe

Sand mining is turning parts of Conroe into areas that look a little bit (a very little bit) like Bryce Canyon in Utah.

Hoodoo Magic

On March 6, I flew over the Liberty Materials Moorehead Mine in Conroe and captured this image.

Deep pit portion of Liberty Materials Moorehead mine in Conroe.

It struck me as similar to the hoodoos in Utah’s Bryce Canyon National Park.

Bryce Canyon NP, Utah. Photo courtesy of National Park Service.

Bryce Canyon Hoodoos

Hoodoos are tall, thin spires of rock that have usually eroded from the edge of a drainage basin. Hoodoos typically consist of relatively soft rock topped by harder, less easily eroded stone that protects each column from the elements. In the case of the Conroe hoodoos, the vegetation at the top of the pit helps provide that protection.

Of course, the hoodoos in Bryce Canyon formed over the last 40-60 million years, through the relentless forces of erosion. The Conroe hoodoos formed in the last two years. They’re not quite as spectacular or as tall. And they’re made out of sand, not sandstone.

Sandstone is formed when sand is cemented by such materials as silica and calcium carbonate. Most sandstones form through the accumulation of river sediments on seabeds. They are then compressed and uplifted to form new lands. Bryce Canyon was uplifted 8,000 feet, Conroe about two hundred.

Liberty Materials vs. Mother Nature

Here are some more pictures of the Liberty Materials mine in question.

And to give equal time to Mother Nature, here are some more pictures of Bryce Canyon.

Sunrise, Bryce Canyon National Park, Utah, Photo © Bob Rehak 2011
Bryce Canyon National Park, Utah, Photo © Bob Rehak 2011

Liberty looks a little sloppier than Mother Nature. But then, Mother Nature takes her time.

It may take a few more years before 2 million people a year start visiting the Liberty pit.

Posted by Bob Rehak

929 Days since Hurricane Harvey

Note: Unlike the other images on this site which are public domain, please refrain from copying or distributing my images of Bryce Canyon. To see more of my photography, visit BobRehak.com.

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.