At the Kingwood Town Hall meeting on October 17th, 2019, Mayor Sylvester Turner read a letter from lawyer J. Carey Gray who represents Perry Homes and its subsidiaries against hundreds of flooded Elm Grove homeowners. The letter laid out a timetable – extending more than 2 years into the future – for completion of the detention ponds on the troubled Woodridge Village subdivision. The first step: finish the S2 pond, which was already substantially complete. Perry Homes gave itself 30-45 days for that task. As nonsensical as that sounded on October 17, they managed to miss the deadline … by not showing up … until after the deadline.
Deadline Expired Yesterday With No Improvements to Pond
Yesterday marked 45 days since Lawyer Gray delivered his letter to the Houston City Attorney. Since then crews have worked several days on adding a concrete lining to a small portion of Taylor Gully. They also replaced some eroded dirt along the northern edge of S2. Still incomplete, however are:
Excavation of the remaining dirt
Grass to stabilize the soil on the banks
A perimeter road required by the Montgomery County Drainage Criteria Manual
Lining for a severely eroded spillway between Taylor Gully and S2
Drainage of the detention pond
Backslope interceptor swales
Photos Demonstrate Lack of Progress
Here’s how the pond looked in September, two days after Imelda.
Status of S2 Pond on September 21, 2019, two days after ImeldaStatus of S2 Pond on November 4, 2019, two and a half weeks after J. Carey Gray’s letter to City Attorney.
Here’s what it looks like today, 46 days after J. Carey Gray’s letter to the City Attorney. They had made some progress on lining the Taylor Gully channel behind the pond. But as far as the pond itself went, there was a lone excavator moving dirt that had eroded into the pond back up on the banks. That’s because they failed to establish grass there.
One day after the deadline for completing the S2 detention pond, Perry Homes had a lone excavator pushing eroded dirt back up onto the banks. Photo taken 12/3/2019.Photo taken 12/3/2019. Hardly a bustling construction site with contractors racing to meet deadlines.
Only 735 more days before all the detention ponds are complete … assuming they can meet any of their own deadlines.
Questions Raised by Lack of Performance
The failure to meet this first deadline raises questions:
Is Perry Homes sincere? Can they ever be trusted for anything ever again?
Has Perry Homes lost its ability to deliver? Is the company financially crippled beyond repair?
Did Sylvester Turner extract terms from Perry Homes designed to get him through the general election?
Or did Perry Homes play Sylvester Turner to torpedo his chances in a runoff election?
Did Kathy Perry Britton, CEO of Perry Homes, think no one would remember?
Is Perry Homes holding the threat of future flooding over Elm Grove residents to force a settlement of their lawsuits?
If it’s the latter and there’s another flood – with this record of foot dragging – they’ve nuked themselves. It’s a Harvard Business School and Harvard Law School case study that will go down in the Annals of Corporate Stupidity.
What can explain this level of ineptitude?
This has to be a huge embarrassment for the City of Houston and Montgomery County. It’s also a PR debacle for Sylvester Turner … in the middle of a hotly contested runoff election. Turner can’t do anything about that now except to tell the City Attorney to sharpen his spurs.
But if I were MoCo, I would claim Perry Homes’ performance bond and finish the work myself.
Posted by Bob Rehak on 12/3/2019
826 Days after Hurricane Harvey and 75 since Imelda
The thoughts expressed in this post represent my opinions on matters of public policy 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/Woodridge-s2-20191203-1-e1575423092173.jpg?fit=1200%2C800&ssl=18001200adminadmin2019-12-03 19:22:122019-12-03 19:36:49Perry Homes Fails to Meet Own First Deadline For Additional Woodridge Village Detention
A Texas Commission on Environmental Quality (TCEQ) investigation into the mysterious white water on the West Fork, focused on sand mining upstream. TCEQ cited Liberty Materials for allegedly discharging 56 million gallons of milky-white water into the West Fork.
The mine’s manager said he “didn’t have a clue” about when, why, or how one of the mine’s pits lost 4 feet of water. A water sample showed nearly 25 times the normal amount of dissolved solids.
West Fork on November 4, 2019. It angles from left to right. Spring Creek, by contrast comes from top to bottom.Color of the water on November 4, 2019 on the West Fork San Jacinto, about a half mile upstreamfrom US59.
The Liberty Materials mine, like virtually all of the mines on the West Fork, sits in the floodway and floodplain. It’s a mile and a half wide and almost three miles long. About a 1000 acres altogether.
San Jacinto West Fork is white ribbon cutting diagonally through image. Floodway = Cross-hatched area. 100-Year Flood Plain = aqua. 500-Year Flood Plain = Brown. Source: FEMA’s national flood hazard layer viewer.
That’s a lot of sand and sediment exposed to the ravages of floodwater.
But the irony in this case is that there was no flood immediately before the breaches.
The gage at State Highway 242 near the Liberty mine shows 2.4 inches of rain during a 3 day period starting six days before the white-water incident.
Rainfall at SH242 and San Jacinto West Form from October 27 through November 3, 2019. Source: HarrisCountyFWS.org.
Late October rainfall caused the West Fork to rise about 3 feet, but the river had another 18 feet to rise before flooding.
That amount of rainfall caused the river to rise about 3 feet. But it was still 18 feet away from flooding!
Alternative Breach Scenarios
So if flooding didn’t do it, how did the water get out of the mine? One possibility is that the terrain funneled rainwater into the pond and caused it to overflow. The overflow then started a fissure which widened into the Grand Canyon of the West Fork.
Several mining engineers suggested other alternative scenarios:
Industrial sabotage by a disgruntled employee
Liquefaction of the sand around the perimeter of pits as they filled with rainwater
A heavy truck driving over sand about to liquify
They needed to clean out the pond and intentionally lowered the level
Needed purer water to create acceptable frack sand
“The Boss Made Me Do It”, possibly related to one of the two points above
The mine manager interviewed by the TCEQ claims he doesn’t know when, why, or how the breach happened. Yet it caused a four-foot drop in the level of a major pond for more than a week.
To paraphrase the famous quote from Hamlet, “Methinks, the man professes ignorance too much.” By that I mean, the denials cause him to lose credibility. If your swimming pool suddenly dropped four feet, wouldn’t you want to know the cause?
His responses hint that something else is going on here. We may never know what. Despite tens of millions of gallons of pollution being poured into the West Fork, these cases rarely go to trial.
All the more reason to establish greater setbacks from rivers for sand mines.
The state legislature needs to make it more difficult for “accidents” like these to happen.
Posted by Bob Rehak on 12/2/2019
825 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/Rainfall.png?fit=820%2C400&ssl=1400820adminadmin2019-12-02 19:09:132019-12-02 19:13:26Liberty Materials Sand Mine Built in Floodway, Floodplains, But Flooding Not Likely Cause of Breach
Yesterday, I posted the results of a TCEQ investigation into the Liberty Materials sand mine in Conroe. TCEQ alleged that the mine discharged 56 million gallons of white milky pollution into the West Fork of the San Jacinto. They also found that a water sample taken at the mine contained almost 25X the normal level of dissolved solids. The report mentions four other recent investigations that resulted in citations for unauthorized discharges.
October Flyover Shows Other Discharges At Same Mine
Today, I reviewed aerial photos of the mine that I took on a flyover in October, before the alleged unauthorized discharge.
Note the color of water in two ponds at the Liberty site. All photos taken on 10/2/2019.Mine in background and West Fork in foreground. Notice discharge despite attempt to plug leak.Same breach from opposite angleAnother breach almost looks like it was designed to funnel water into the river.In addition to the major breaches above, note a smaller breach here...…and the water escaping from the pond alongside the road. Those pipes running along the river sure do make it hard for canoeists and kayakers to get downstream.
More Than a Dozen Discharges Seen on One Day
The TCEQ cited Liberty for 4 previous unauthorized discharges in the last 2.5 years. Had they visited the mine on October 2nd, they might have found that many violations in one day.
And these weren’t the only breaches I found that day. Counting those at other mines on the East and West Forks, TCEQ could have easily tallied another dozen violations on this one day.
Sad to say, this industry has an abysmal health and safety record.
825 Days since Hurricane Harvey and 74 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/2019/12/20191002-EF-WF-Aerial_787.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-12-01 22:19:002019-12-01 22:27:17October Aerial Photos of Liberty Materials Mine Show Evidence of Previous Breaches
Perry Homes Fails to Meet Own First Deadline For Additional Woodridge Village Detention
At the Kingwood Town Hall meeting on October 17th, 2019, Mayor Sylvester Turner read a letter from lawyer J. Carey Gray who represents Perry Homes and its subsidiaries against hundreds of flooded Elm Grove homeowners. The letter laid out a timetable – extending more than 2 years into the future – for completion of the detention ponds on the troubled Woodridge Village subdivision. The first step: finish the S2 pond, which was already substantially complete. Perry Homes gave itself 30-45 days for that task. As nonsensical as that sounded on October 17, they managed to miss the deadline … by not showing up … until after the deadline.
Deadline Expired Yesterday With No Improvements to Pond
Yesterday marked 45 days since Lawyer Gray delivered his letter to the Houston City Attorney. Since then crews have worked several days on adding a concrete lining to a small portion of Taylor Gully. They also replaced some eroded dirt along the northern edge of S2. Still incomplete, however are:
Photos Demonstrate Lack of Progress
Here’s how the pond looked in September, two days after Imelda.
Here’s what it looks like today, 46 days after J. Carey Gray’s letter to the City Attorney. They had made some progress on lining the Taylor Gully channel behind the pond. But as far as the pond itself went, there was a lone excavator moving dirt that had eroded into the pond back up on the banks. That’s because they failed to establish grass there.
Only 735 more days before all the detention ponds are complete … assuming they can meet any of their own deadlines.
Questions Raised by Lack of Performance
The failure to meet this first deadline raises questions:
If it’s the latter and there’s another flood – with this record of foot dragging – they’ve nuked themselves. It’s a Harvard Business School and Harvard Law School case study that will go down in the Annals of Corporate Stupidity.
What can explain this level of ineptitude?
This has to be a huge embarrassment for the City of Houston and Montgomery County. It’s also a PR debacle for Sylvester Turner … in the middle of a hotly contested runoff election. Turner can’t do anything about that now except to tell the City Attorney to sharpen his spurs.
But if I were MoCo, I would claim Perry Homes’ performance bond and finish the work myself.
Posted by Bob Rehak on 12/3/2019
826 Days after Hurricane Harvey and 75 since Imelda
The thoughts expressed in this post represent my opinions on matters of public policy and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Liberty Materials Sand Mine Built in Floodway, Floodplains, But Flooding Not Likely Cause of Breach
A Texas Commission on Environmental Quality (TCEQ) investigation into the mysterious white water on the West Fork, focused on sand mining upstream. TCEQ cited Liberty Materials for allegedly discharging 56 million gallons of milky-white water into the West Fork.
The mine’s manager said he “didn’t have a clue” about when, why, or how one of the mine’s pits lost 4 feet of water. A water sample showed nearly 25 times the normal amount of dissolved solids.
The Liberty Materials mine, like virtually all of the mines on the West Fork, sits in the floodway and floodplain. It’s a mile and a half wide and almost three miles long. About a 1000 acres altogether.
That’s a lot of sand and sediment exposed to the ravages of floodwater.
The gage at State Highway 242 near the Liberty mine shows 2.4 inches of rain during a 3 day period starting six days before the white-water incident.
Alternative Breach Scenarios
So if flooding didn’t do it, how did the water get out of the mine? One possibility is that the terrain funneled rainwater into the pond and caused it to overflow. The overflow then started a fissure which widened into the Grand Canyon of the West Fork.
Several mining engineers suggested other alternative scenarios:
I’m not saying there was a deliberate breach, but we’ve seen it happen before.
“Dunno What Happened!”
The mine manager interviewed by the TCEQ claims he doesn’t know when, why, or how the breach happened. Yet it caused a four-foot drop in the level of a major pond for more than a week.
To paraphrase the famous quote from Hamlet, “Methinks, the man professes ignorance too much.” By that I mean, the denials cause him to lose credibility. If your swimming pool suddenly dropped four feet, wouldn’t you want to know the cause?
His responses hint that something else is going on here. We may never know what. Despite tens of millions of gallons of pollution being poured into the West Fork, these cases rarely go to trial.
All the more reason to establish greater setbacks from rivers for sand mines.
Posted by Bob Rehak on 12/2/2019
825 Days after Hurricane Harvey
October Aerial Photos of Liberty Materials Mine Show Evidence of Previous Breaches
Yesterday, I posted the results of a TCEQ investigation into the Liberty Materials sand mine in Conroe. TCEQ alleged that the mine discharged 56 million gallons of white milky pollution into the West Fork of the San Jacinto. They also found that a water sample taken at the mine contained almost 25X the normal level of dissolved solids. The report mentions four other recent investigations that resulted in citations for unauthorized discharges.
October Flyover Shows Other Discharges At Same Mine
Today, I reviewed aerial photos of the mine that I took on a flyover in October, before the alleged unauthorized discharge.
More Than a Dozen Discharges Seen on One Day
The TCEQ cited Liberty for 4 previous unauthorized discharges in the last 2.5 years. Had they visited the mine on October 2nd, they might have found that many violations in one day.
And these weren’t the only breaches I found that day. Counting those at other mines on the East and West Forks, TCEQ could have easily tallied another dozen violations on this one day.
Sad to say, this industry has an abysmal health and safety record.
To track the status of TCEQ cases near you, check out this section of their web site.
Posted by Bob Rehak on December 2, 2019
825 Days since Hurricane Harvey and 74 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.