Plans For Next Phase of Dredging Announced

Behind-the-scenes work for the next phase of dredging has already started. The City, County and State are working together on a $30 million grant application for submission this month. The legislature earmarked the money for dredging at the confluence of the San Jacinto and Lake Houston. However, the money must go through the Texas Water Development Board (TWDB) to Harris County and then the Harris County Flood Control District.

Circuitous Route for Funding

The supplemental appropriations bill, SB500, that the legislature approved dictates the circuitous route for funding. See the exact text from SB500 below.

“Out of funds appropriated in Subsection (1), $30 million is dedicated to the Texas Water Development Board to provide a grant to Harris County for the purchase and operation of equipment to remove accumulated siltation and sediment deposits located at the confluence of the San Jacinto River and Lake Houston.”

DIY vs. Outsourcing

State Representative Dan Huberty, who authored the SB500 amendment, has worked closely with all parties involved to explore the most cost-effective and timely solutions. For instance, Flood Control explored how much it would cost to hire an outside company for dredging versus buying the equipment and doing it themselves. Said Huberty, “In my discussion with the TWDB last week, they have agreed we can buy equipment if we need to, which is the direction we are pushing for at this time.” However, that option would take longer to implement and the money must be spent within the current bi-annum – by law.

Long Term vs. Immediate Needs

Meanwhile, the East and West Forks of the San Jacinto have urgent, immediate dredging needs, too. So the partners could break the work up and pursue both DIY and outsourcing options.

Said Huberty, “I met with DRC (Disaster Recovery Corporation) a week ago. DRC has an ongoing contract with both the City and County for debris removal from Lake Houston and they are still removing debris from the lake. So they might be an option that would let us deploy faster.” 

DRC is the parent company of Callan Marine, a subcontractor during the Army Corps’ Emergency West Fork Dredging project after Hurricane Harvey.

The dredges are gone but the pipe is not. The quarter-mile long sections of pipe used in the initial Emergency West Fork Dredging Project have been broken down into smaller sections for transport, but much of it remains on the West Fork. Photo taken 12/3/2019.

Additional Sources of Funding

Huberty also said that, “In addition to the $30 million, the Houston Mayor Sylvester Turner and Council Member Dave Martin committed last weekend to help us fund this in partnership with Harris County Flood Control.” The City committed approximately $6 million, according to Huberty.

The ever-growing mouth bar on the San Jacinto West Fork. Imelda wiped out many of the gains from the Corps’ supplemental dredging program that ended on Labor Day and removed 500,000 cubic yards. Photo taken on 12/3/2019.
The growing mouth bar on the East Fork of the San Jacinto near the entrance to Luce Bayou and the Interbasin Transfer Project.
The Inter-Basin Transfer canal empties into the lower reaches of Luce Bayou, which flows into the northeastern corner of Lake Houston, near the emerging mouth bar. The project costs $351 million and will provide water to the Northeast Purification Plant. Photo taken 12/3/2019.

“In addition,” says Huberty, “I spoke to the Governor’s staff this weekend. We still have money left over from Harvey debris removal. That’s approximately another $16 million. They told us we can spend the money on the river and lake, but not for other purposes. This will let us complete the mouth bar dredging and get mechanical dredging done in areas like Huffman and Atascocita. The scope of the project is expanding, which is very good news. We’ll be able to help more people.” 

Smaller mouth bars have set up around the lake at the entrance to drainage ditches, like this one in Atascocita near Walden. Photo taken on 10/4/2019. Such blockages can force water up, out and over the banks into neighborhoods during large rains.

Next Step: Commissioners’ Court Needs to Approve Grant Request

The ball, at this moment, is in Flood Control’s court. Commissioners’ Court must approve all grant requests made by any part of the County. Says Huberty, “There will be an item on the December 17th Commissioners Court agenda requesting permission from the Court to submit the grant application to TWDB. All parties involved have already had discussions with the TWDB staff and are working on the grant application paperwork.”

Early next week Huberty plans to meet with John Blount, the Harris County Engineer; Stephen Costello, the Mayor’s Flood Czar; and John Sullivan, President of DRC.

Constant Dredging for Foreseeable Future

“In my discussions with all interested parties,” said Huberty, “we should have the application submitted by year end. We have been pushing to get it awarded quickly. It is a formality. We need to spend this money quickly which works to our advantage. We can always go back to the legislature for more after that.”

“All of these initiatives will ensure we can have constant, permanent dredging on the Lake for the foreseeable future,” said Huberty. “I am very pleased with the result and look forward to getting this project started.”   

Posted By Bob Rehak on 12/4/2019

827 Days after Hurricane Harvey and 76 since Imelda

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

  • 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 Imelda
Status 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.

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.

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 upstream from 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

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.

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