Rumors of a Ben’s Branch agreement between Bear Branch Trail Association, Friendswood and Harris County Flood Control District have circulated for weeks. On Wednesday, November 13, 2019, the deal became official when Diane Trautman, the Harris County Clerk, recorded the easement. Here is exactly what the easement does and doesn’t allow the various parties to do along Ben’s Branch.
Ben’s Branch below St. Martha’s Catholic School is characterized by hairpin turns and trees growing right down to and into the stream.
49-Page Ben’s Branch Easement Finally Signed
The easement is like a contract that spells out the rights, obligations and limitations of each party.
Bear Branch Trail Association Rights and Obligations
This is an agreement between three parties that modifies the original deed of gift between Friendswood and the Bear Branch Trail Association (BBTA).
BBTA:
Gives Harris County Flood Control the right to operate in an area 100 feet wide, 50 feet on either side of the creek’s centerline.
Retains the right to maintain and operate existing trails, bridges, low water crossings.
May construct, install, maintain and operate new trails in the easement area as long as they don’t obstruct water flow, cause erosion or hinder HCFCD’s “de-snagging” efforts. De-snagging is the removal of trees that have fallen or are falling into the creek.
Must share plans for new trails, bridges, etc. with HCFCD and HCFCD must approve them before any construction begins.
Acknowledges that HCFCD equipment may damage trails and agrees not to hold HCFCD liable for repairs.
Remains solely responsible for the safe condition and maintenance within the easement area and for repairs to any damage.
This low water crossing north of Bear Branch Elementary may not be removed according to the terms of the easement.Some observers have noted trees “spearing” into the narrow culverts and backing water up.But HCFCD cuts trees into small enough sections to let them pass through such openings.
Harris County Flood Control Rights and Obligations
HCFCD may:
Perform de-snagging operations related to flood control and drainage.
Clear, cut, drop, stack and stockpile trees, shrubs, vines, and vegetation for the sole purpose of flood control.
Grade and stabilize banks to protect against erosion and maintain drainage.
Plant grass, or use rip rap or man-made materials to reduce bank erosion.
Trees constantly fall into Ben’s Branch because of bank erosion. When floating trees catch on other trees or roots during floods in the narrow channel, they can form “beaver dams” that back water up into adjoining streets, homes and businesses.
HCFCD can/will NOT:
Widen, deepen, enlarge, straighten or smooth the channel in such a way as to increase channel capacity.
Maintain or repair trails or bridges, but may repair erosion that threatens them.
HCFCD has no responsibility to repair or replace storm sewer outfalls or to repair erosion around them.
Friendswood Agrees to All of Above Plus…
Friendswood agrees to all of the above. Friendswood also agrees that the terms of the easement will not trigger the automatic reversion of ownership from BBTA to Friendswood that the original deed of gift specified.
Signatories
John Hammond of Friendswood signed the easement on Monday, November 11, 2019.
Kathryn Palmer, president of BBTA signed it on Tuesday, November 12, 2019.
Diane Trautman, the Harris County Clerk signed and recorded it on November 13, 2019.
Roadblocks to Flood Control Maintenance Now Removed
This means that Flood Control can now begin de-snagging and other maintenance activities within 50 feet of either side of Ben’s Branch. The area affected lies between Woodland Hills Drive and Kingwood Drive.
Geographic Limitations
North Park, Woodland Hills, Kingwood Drive and West Lake Houston Parkway define the boundaries of BBTA.
Other community and commercial associations control the creek outside of those boundaries. But those areas are already channelized and maintained by HCFCD for the most part.
Note: Those who don’t live within these boundaries may be confused by the names. Ben’s Branch is the name of the creek that runs through Bear Branch Village, Kings Forest and Hunters Ridge. The Bear Branch Trail Association overlaps all three of the community associations, but technically has nothing to do with them. BBTA is solely responsible for the greenbelts and greenbelt trails. It has nothing to do with swimming pools or deed restrictions. This can differ in other parts of Kingwood.
Compromise Between Natural Aesthetics and Flood-Risk Reduction
Everyone should realize that this easement represents a compromise. Any loss of natural aesthetics is the price of reducing flood risk to their neighbors. The three parties worked on this for more than a year.
Parts of the greenbelt will be thinned out, but you shouldn’t see wholesale widening of the creek into a massive channel. As a consequence, people who live along the creek should realize that this doesn’t offer the highest degree of flood protection. But it does help protect both greenbelts and property owners much more than before.
St. Martha Catholic School, Kids In Action, and homes on either side of the creek that flooded should be optimistic about this agreement.
The densely forested nature of the preserve along each side of the creek will look less dense. However…
The Ben’s Branch greenbelt is a minimum of 300 feet wide. In most places, it’s 400-600 feet wide. And in some places, it measures as much as 800 feet wide. This agreement affects only 100-feet.
Thus, two-thirds to seven-eighths of the natural area will remain the way it looks now. That sounds like a reasonable price to pay for helping to protect neighbors and property values in the entire neighborhood.
Posted by Bob Rehak on 11/17/2019
810 Days since Hurricane Harvey and 59 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/2019/11/RJR_3839.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-11-16 21:17:222019-11-16 21:19:06Text of Ben’s Branch Agreement Between Bear Branch Trail Association, Friendswood and HCFCD
Harris County Flood Control District (HCFCD) has demolished more bought-out townhome complexes in Forest Cove in the last few weeks. Contractors leveled the areas circled in white below and carried away the debris.
That means HCFCD has removed approximately 40% of the total units already.
According to Flood Control, buyouts in a situation like Forest Cove are complex. They can take longer than normal because HCFCD must close on EACH unit in a complex before they can demolish ANY.
Going, Going, Gone
Architects designed the lower floors of these units to flood. But during Harvey, water reached well into the second floors.
Residents once labored over homes now reduced to rubble.They could soon make way for a linear park, being proposed by the City of Houston Parks Board.
Future Plans for Area
When HCFCD completes the buyouts and demolition process for each complex, the area will revert to some kind of green space. It could return to nature or it could turn into a park. The Houston Parks Board has made several presentations to KSA and the Forest Cove Property Owners Association about building a linear park. The park would connect the Kingwood Trail Network to the Spring Creek Greenway via the Bevil Jarrell Memorial pedestrian bridge over the San Jacinto River.
From Buyouts to Beautiful
If the Parks Board, City and Harris County can pull this off, it would turn a negative into a positive. I don’t mean to disrespect the memories of the proud people who once carved out beautiful lifestyles near the river. But since Harvey, the flood-ravaged townhomes became a haven for looters, squatters, graffiti artists and illegal dumpers. It’s best to let go of the memories and move on at this point. HCFCD has a process for turning areas like this into recreational amenities.
Posted by Bob Rehak on 11/16/2016
809 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/11/FC-Townhome-Demo-1.jpg?fit=1500%2C1125&ssl=111251500adminadmin2019-11-16 15:06:452019-11-16 15:06:57HCFCD Demolishes More Townhomes in Forest Cove
The Army Corps of Engineers is investigating whether Perry Homes, its subsidiaries and contractors violated Section 404 of the federal Clean Water Act. The Corps has regulatory authority for any fill material dumped into waters of the U.S. Those include perennial tributaries and adjacent wetlands.
No Record of Request for Jurisdictional Determination
When developers encounter wetlands, normally they seek a jurisdictional determination from the Corps. They want to ensure they are not violating the Clean Water Act. However, neither Perry Homes nor their subsidiaries (PSWA and Figure Four Partners) apparently sought such a determination. Neither did LJA Engineering, according to Corps records.
Army Corps response to June 5, 2019, request for records pertaining to a request for jurisdictional determination on Woodridge Village Wetlands.
The LJA Engineering Drainage Analysis never even mentions wetlands. Wetlands are highly protected because of their ability to filter and retain floodwater, among other things. This multipage article by the USGS describes all the functions of wetlands and legislation affecting them.
Elm Grove Director Requests Investigation
In October, 2019, Beth Guide, a director of the Elm Grove Homeowners Association, went a step further than my FOIA request. She asked the Corps to investigate the legality of the loss of Woodridge Village wetlands. On November 13, 2019, US Congressman Dan Crenshaw received a letter from the Corps stating that the Corps was, in fact, investigating Ms. Guide’s request.
Corps Seeking Access to Property
The Corps is currently contacting Perry Homes (or subsidiary, Figure Four Partners) for access to the site. The Corps characterized the investigation as “an open purported unauthorized activity investigation.”
Colonel Timothy R. Vail, the Corps’ District Commander said, “…we continue to gather all the facts to determine if there is a violation of any of our statutes and if so, determine what might be the appropriate resolution.”
Ms. Guide believes loss of these wetlands played a role in three floods which struck Elm Grove on May 3, May 7 and September 19 of this year. Before the loss of the wetlands, none of the surrounding neighborhoods ever flooded, according to nearby neighbors. Some of them lived in their homes for more than 30 years.
Accelerating runoff reduces the time of accumulation for floodwaters. That means more water reaches ditches faster and at the same time; none is retained upstream. That, in turn, makes floods peak higher.
Posted by Bob Rehak on 11/16/2019
809 Days since Hurricane Harvey and 58 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/2019/09/Woodridge-Wetlands.jpg?fit=1500%2C864&ssl=18641500adminadmin2019-11-15 20:26:592019-11-15 22:33:22Army Corps to Investigate Potential Wetland Violations on Perry Homes’ Woodridge Village Site
Text of Ben’s Branch Agreement Between Bear Branch Trail Association, Friendswood and HCFCD
Rumors of a Ben’s Branch agreement between Bear Branch Trail Association, Friendswood and Harris County Flood Control District have circulated for weeks. On Wednesday, November 13, 2019, the deal became official when Diane Trautman, the Harris County Clerk, recorded the easement. Here is exactly what the easement does and doesn’t allow the various parties to do along Ben’s Branch.
49-Page Ben’s Branch Easement Finally Signed
The easement is like a contract that spells out the rights, obligations and limitations of each party.
Here is the complete text of the 49-page document. Below is a summary.
Bear Branch Trail Association Rights and Obligations
This is an agreement between three parties that modifies the original deed of gift between Friendswood and the Bear Branch Trail Association (BBTA).
BBTA:
Harris County Flood Control Rights and Obligations
HCFCD may:
HCFCD can/will NOT:
HCFCD has no responsibility to repair or replace storm sewer outfalls or to repair erosion around them.
Friendswood Agrees to All of Above Plus…
Friendswood agrees to all of the above. Friendswood also agrees that the terms of the easement will not trigger the automatic reversion of ownership from BBTA to Friendswood that the original deed of gift specified.
Signatories
John Hammond of Friendswood signed the easement on Monday, November 11, 2019.
Kathryn Palmer, president of BBTA signed it on Tuesday, November 12, 2019.
Diane Trautman, the Harris County Clerk signed and recorded it on November 13, 2019.
Roadblocks to Flood Control Maintenance Now Removed
This means that Flood Control can now begin de-snagging and other maintenance activities within 50 feet of either side of Ben’s Branch. The area affected lies between Woodland Hills Drive and Kingwood Drive.
Geographic Limitations
North Park, Woodland Hills, Kingwood Drive and West Lake Houston Parkway define the boundaries of BBTA.
Other community and commercial associations control the creek outside of those boundaries. But those areas are already channelized and maintained by HCFCD for the most part.
Note: Those who don’t live within these boundaries may be confused by the names. Ben’s Branch is the name of the creek that runs through Bear Branch Village, Kings Forest and Hunters Ridge. The Bear Branch Trail Association overlaps all three of the community associations, but technically has nothing to do with them. BBTA is solely responsible for the greenbelts and greenbelt trails. It has nothing to do with swimming pools or deed restrictions. This can differ in other parts of Kingwood.
Compromise Between Natural Aesthetics and Flood-Risk Reduction
Everyone should realize that this easement represents a compromise. Any loss of natural aesthetics is the price of reducing flood risk to their neighbors. The three parties worked on this for more than a year.
Parts of the greenbelt will be thinned out, but you shouldn’t see wholesale widening of the creek into a massive channel. As a consequence, people who live along the creek should realize that this doesn’t offer the highest degree of flood protection. But it does help protect both greenbelts and property owners much more than before.
St. Martha Catholic School, Kids In Action, and homes on either side of the creek that flooded should be optimistic about this agreement.
The densely forested nature of the preserve along each side of the creek will look less dense. However…
Thus, two-thirds to seven-eighths of the natural area will remain the way it looks now. That sounds like a reasonable price to pay for helping to protect neighbors and property values in the entire neighborhood.
Posted by Bob Rehak on 11/17/2019
810 Days since Hurricane Harvey and 59 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.
HCFCD Demolishes More Townhomes in Forest Cove
Harris County Flood Control District (HCFCD) has demolished more bought-out townhome complexes in Forest Cove in the last few weeks. Contractors leveled the areas circled in white below and carried away the debris.
That means HCFCD has removed approximately 40% of the total units already.
According to Flood Control, buyouts in a situation like Forest Cove are complex. They can take longer than normal because HCFCD must close on EACH unit in a complex before they can demolish ANY.
Going, Going, Gone
Architects designed the lower floors of these units to flood. But during Harvey, water reached well into the second floors.
Future Plans for Area
When HCFCD completes the buyouts and demolition process for each complex, the area will revert to some kind of green space. It could return to nature or it could turn into a park. The Houston Parks Board has made several presentations to KSA and the Forest Cove Property Owners Association about building a linear park. The park would connect the Kingwood Trail Network to the Spring Creek Greenway via the Bevil Jarrell Memorial pedestrian bridge over the San Jacinto River.
From Buyouts to Beautiful
If the Parks Board, City and Harris County can pull this off, it would turn a negative into a positive. I don’t mean to disrespect the memories of the proud people who once carved out beautiful lifestyles near the river. But since Harvey, the flood-ravaged townhomes became a haven for looters, squatters, graffiti artists and illegal dumpers. It’s best to let go of the memories and move on at this point. HCFCD has a process for turning areas like this into recreational amenities.
Posted by Bob Rehak on 11/16/2016
809 Days since Hurricane Harvey
Army Corps to Investigate Potential Wetland Violations on Perry Homes’ Woodridge Village Site
The Army Corps of Engineers is investigating whether Perry Homes, its subsidiaries and contractors violated Section 404 of the federal Clean Water Act. The Corps has regulatory authority for any fill material dumped into waters of the U.S. Those include perennial tributaries and adjacent wetlands.
No Record of Request for Jurisdictional Determination
When developers encounter wetlands, normally they seek a jurisdictional determination from the Corps. They want to ensure they are not violating the Clean Water Act. However, neither Perry Homes nor their subsidiaries (PSWA and Figure Four Partners) apparently sought such a determination. Neither did LJA Engineering, according to Corps records.
In June, a FOIA (Freedom of Information Act) request filed with the Corps of Engineers turned up NO RECORDS of any such request for the Woodridge property. See below.
The LJA Engineering Drainage Analysis never even mentions wetlands. Wetlands are highly protected because of their ability to filter and retain floodwater, among other things. This multipage article by the USGS describes all the functions of wetlands and legislation affecting them.
Elm Grove Director Requests Investigation
In October, 2019, Beth Guide, a director of the Elm Grove Homeowners Association, went a step further than my FOIA request. She asked the Corps to investigate the legality of the loss of Woodridge Village wetlands. On November 13, 2019, US Congressman Dan Crenshaw received a letter from the Corps stating that the Corps was, in fact, investigating Ms. Guide’s request.
Corps Seeking Access to Property
The Corps is currently contacting Perry Homes (or subsidiary, Figure Four Partners) for access to the site. The Corps characterized the investigation as “an open purported unauthorized activity investigation.”
Colonel Timothy R. Vail, the Corps’ District Commander said, “…we continue to gather all the facts to determine if there is a violation of any of our statutes and if so, determine what might be the appropriate resolution.”
Presence and Importance of Wetlands
Numerous residents near the property noted the wetlands in question. The wetlands also appear in the USGS National Wetlands Inventory.
For the full text of the letter from the Corps to Congressman Crenshaw, click here.
Ms. Guide believes loss of these wetlands played a role in three floods which struck Elm Grove on May 3, May 7 and September 19 of this year. Before the loss of the wetlands, none of the surrounding neighborhoods ever flooded, according to nearby neighbors. Some of them lived in their homes for more than 30 years.
Typically, wetland vegetation slows down runoff. On the other hand, clearcutting/filling wetlands accelerates runoff. This simple science experiment shows how.
Accelerating runoff reduces the time of accumulation for floodwaters. That means more water reaches ditches faster and at the same time; none is retained upstream. That, in turn, makes floods peak higher.
Posted by Bob Rehak on 11/16/2019
809 Days since Hurricane Harvey and 58 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.