In the spirit of Halloween, it’s only fair to ask, “Is Perry Homes tricking or treating when it talks about Woodridge Village?” What Perry Homes says and what Perry does seem to contradict each other in a scary, horror-movie, Stephen-King, Cujo-on-steroids sort of way.
The Cujo analogy actually fits; man’s best friend turns into something not so nice. Woodridge Village is the 262-acre area that Perry contractors clear cut and then left before finishing the detention ponds. This contributed to the flooding of hundreds of homes in Elm Grove and North Kingwood Forest – twice so far this year.
Words vs. Actions
What do I mean by contradictions? A dozen examples:
Their consultant, LJA, promised the Montgomery County engineer that Woodridge would have no adverse impact on downstream flooding … then 200 homes flooded.
Equipment parked on the northern side of the site for a month moved to the western side but still is not working.
How could anyone take Perry Homes at its word any longer? They certainly aren’t a treat and they’re not tricking anyone. The courts need to put an end to the Nightmare Near Elm Grove.
Posted by Bob Rehak on Halloween, 10/31/2019, with that to Jeff Miller
793 Days since Hurricane Harvey and 42 days after Imelda
The thoughts expressed in this post are my opinions on matters of public policy and concern. 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/2019/10/RJR_3830.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-10-31 16:57:372019-10-31 17:14:07Perry Homes: Trick or Treat?
The Triple PG Sand Mine in Porter has agreed to the terms of a restraining order. The order will force the mine owner to build dikes that can withstand the force of future rains and that can prevent future discharges of process wastewater into the City of Houston’s drinking water.
Repeated breach in dike of Triple PG Sand Mine that allowed process water to mingle with water in Caney Creek (lower left).
Certification by Licensed Professional Engineer Required
Furthermore, according to the agreement, a licensed, professional engineer must certify that the dikes can withstand the force of future rains. No more building dikes out of sand. Given where the mine is located – at the confluence of two floodways – it’s not clear whether future breaches are 100% avoidable. It’s also unclear whether a professional engineer would put his or her reputation on the line with such a promise given this particular mine’s history and location.
Southern Perimeter Lacks Effective Dikes
The entire southern perimeter of the mine is flush with the land south of the mine. There appear to be no dikes. So this could be a massive construction job. Dozens of homes south of the mine flooded during Imelda. Debris and damage patterns suggest that floodwaters entered their homes directly from the mine, not from White Oak or Caney Creeks.
The back of Tom Gill’s garage above faces the Triple PG mine. Scouring from the direction of the mine indicates which direction floodwaters came from.Debris washed away from mine in Walden Woods subdivision south of it.
Background of Case
In May and again in September, the Texas Commission on Environmental Quality (TCEQ) reported that multiple breaches in dikes at the Triple PG Sand Mine on Caney Creek led to the escape of process water and sediment into the City of Houston’s drinking water supply. The TCEQ had previously cited the mine for similar environmental violations in 2015.
Both the injunction and restraining orders seek the same things: to get the mine to fix breaches so it stops allegedly emitting process water. The initial focus: sealing the mine off so that process water stops intermingling with drinking water. In the long term, however, the state wants to force the mine to build dikes sufficient to withstand the force of future floodwaters.
Requirements of Restraining Order
The agreed temporary restraining order requires the defendant to:
Not engage in any operations at its dredge facility that discharge process wastewater from the defendant’s property
Not PRODUCE any process wastewater that must be discharged
Immediately begin repairing damaged or breached berms
Hydraulically isolate any industrial waste within the mine
Halt the influx of water from creeks
Halt the outflow of waste from pits
Construct the repairs to prevent discharges from pits during future rain events
Cease and prevent all discharges of any industrial waste and or process wastewater from the mine into waters of the state
Within 14 days, hire a professional engineer to assess whether the berms can permanently prevent future discharges
Not destroy records
Certify all efforts at compliance, also within 14 days
The amended restraining order reset the date for the hearing on a temporary injunction from October 24 to 28th. The last order again resets the hearing date to November 12th.
So why the restraining orders when the original suit asked for an injunction? Generally, restraining orders are sought as a form of immediate relief while a plaintiff pursues a more permanentinjunction, although injunctions can also be temporary.
Full Text of Legal Filings to Date
Below are links to the full text of documents filed to date in the case. I obtained them from the Travis County District Clerk in Austin.
Notice the word “agreed” in many of the document titles above. An Agreed Order refers to a written agreement submitted by both parties to a case resolving issues between them.
After rendering decisions, courts will often command counsel for both parties to see if they can come up with wording of an order satisfactory to both. If they can, it becomes an “agreed order,” which the court will then enter. (If not, the judge will formulate his/her own order.
Turning the Tide on the East Fork?
If this sticks, it could change the way Triple PG does business forever. It could also improve life on the East Fork of the San Jacinto for residents who have complained about sediment buildups, flooding, polluted water, loss of riparian vegetation, destruction of wetlands, fish kills, and more.
Posted by Bob Rehak on 10/31/2019
793 Days after Hurricane Harvey and 42 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/10/Breach-_001_02.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-10-31 00:59:132019-10-31 01:00:39Triple PG Sand Mine Agrees to Terms of Restraining Order
Today, we got two inches of rain between 1:30 and 3:20. That’s according to the closest official gage at US59 and the West Fork. See the graph below. Ben’s Branch came out of its banks almost immediately and nearly flooded St. Martha’s Catholic School and Kids in Action again.
Today’s Rainfall in 10-minute Increments
The closest gage at the West Fork and US59 registered a total of 2.08 inches for the event.In ten-minute increments, it looked like this.Source: HarrisCountyFWS.org.
The Result
St. Martha’s School after two inches of rain in a two hour period. This is what the parking lot of the school looked like 1.5 hours after the rain ended. The floodwaters came from Ben’s Branch which was at a virtual standstill in this area. Water under the Woodland Hills Bridge just south of Northpark Drive barely moved.
St. Martha’s has not yet finished repairs from Imelda. No floodwater actually got in the school today, but it came dangerously close for a rain that was not unusual for this area. The school is at least two feet above the hundred year flood plain and this was a one-year rain at best (see table below).
Across the creek, Heather Jensen at Kids In Action wrote, “We’re currently rebuilding Kids In Action for the second time since May. Can’t stomach a third.” Many people would agree with that!
Expect a Rainfall This Intense at Least Annually
The latest NOAA Atlas-14 rainfall chart for this area shows that we can expect a two-inch rain in two hours at least once a year. If you measure the 10-minute peak, it also works out to a one-year event. Which we’ve had several of this year.
I have lived in Kingwood for 35 years and used to own commercial property near St. Martha’s for twenty years. I have never seen Ben’s Branch do this on a rain like we had today.
During those 35 years, not much has changed along the creek. With few exceptions, the bridges, homes and businesses along this portion of Ben’s Branch have been there the entire time.
Photo taken 9/25/2019, looking east. North is left; south is right. The area labeled Woodridge Village in the middle of the shot drains into Ben’s Branch which is out of frame to the right (south).
The storm drains, which also empty Sherwood, in turn empty into Ben’s Branch. See image below.
Looking north along Woodland Hills Drive toward Kingwood Park High School, Sherwood Trails and Woodridge Village. The City says this drain helps empty Woodridge Village.
The shot above is looking north, parallel to Woodland Hills Drive. Below, you can see the reverse angle, looking south. The shot was taken from the second floor of Kids in Action on the north side of the creek. Notice how water from that drain is shooting across the creek, creating more turbulence than the flood itself.
Photo by Heather Jensen of Kids In Action just north of St. Martha’s.
Below St. Martha’s, A Different World
Compare the width of the Ben’s Branch channel in the photos above to the width in the photos below, where the stream goes through a natural area.
Upstream from St. Martha’s, Ben’s Branch is a wide channel. Downstream, shown here, it turns into a narrow, twisting, turning creek. Photo from 9/25/2019, courtesy of St. Martha’s.
Photo from 9/25/2019. Courtesy of St. Martha’s, showing trees encroaching on Ben’s Branch.
In the foreground, you can clearly see evidence of erosion from Imelda. This shot was taken on 9/25/2019. Note the fallen tree in the background. Such blockages create “beaver dams” during heavy rains when other debris catches on them. Photo courtesy of St. Martha’s.
Such obstructions, turns, tangles and narrow beds slow the velocity of the water, causing it to back up. No doubt, these factors play a role in the repetitive flooding, as does upstream development.
Political and Legal Obstructions Complicate Matters
Maintenance responsibilities for this portion of Ben’s Branch are in flux. That may be the kindest way to say it. Nothing has really changed since Harvey.
However, from reading the deed, you can see that Friendswood still exercises deed restrictions on the property, especially those applying to drainage. When it comes to saying yea or nay to major changes that affect the character of the greenbelt on either side of Ben’s Branch, Friendswood appears to be in control to this day.
Major Friendswood deed restrictions include:
Friendswood reserves for itself multiple easements for drainage. (sec. 3)
BBTA must keep the area “healthful” (sec. 8)
BBTA may not remove any trees except those that are dead or dying (sec. 8)
BBTA may not transfer the land (with a few exceptions that don’t apply to this discussion) (sec. 9)
The deed restrictions do not have an expiration date like those for many HOAs.
What Next for Ben’s Branch
Last year, the City reportedly agreed with Harris County Flood Control to assume responsibility for all underground drainage in the county would assume responsibility for all above ground drainage. Since then, the two have been trying to sort out responsibilities.
Harris County Flood Control has sought an easement at least since January from Friendswood and Bear Branch Trail Association. Reportedly, they want to remove some trees, and widen and straighten the channel. However, according to a frustrated Houston City Council Member Dave Martin, no agreement has been reached.
Meanwhile the school for more than 500 children almost flooded for the third time in six months. It’s hard to imagine Kingwood without its largest parochial school or one of its most popular day care/after school facilities. It’s time for
Harris County Flood Control should be concluding a major study of all Kingwood drainage soon…including Ben’s Branch. Let’s hope that helps wake Friendswood up to some new realities.
Posted by Bob Rehak on 10/29/2019
792 Days since Hurricane Harvey and 40 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/10/RJR_3827.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-10-29 22:03:222019-10-29 22:09:47Two Inches of Rain Should Never Have Caused This
Perry Homes: Trick or Treat?
In the spirit of Halloween, it’s only fair to ask, “Is Perry Homes tricking or treating when it talks about Woodridge Village?” What Perry Homes says and what Perry does seem to contradict each other in a scary, horror-movie, Stephen-King, Cujo-on-steroids sort of way.
The Cujo analogy actually fits; man’s best friend turns into something not so nice. Woodridge Village is the 262-acre area that Perry contractors clear cut and then left before finishing the detention ponds. This contributed to the flooding of hundreds of homes in Elm Grove and North Kingwood Forest – twice so far this year.
Words vs. Actions
What do I mean by contradictions? A dozen examples:
A Moving Experience
Last week, I wrote about how they hadn’t moved the equipment on their job site for a month. The day after the post, they parked the equipment in new places. But still no new excavation work.
How could anyone take Perry Homes at its word any longer? They certainly aren’t a treat and they’re not tricking anyone. The courts need to put an end to the Nightmare Near Elm Grove.
Posted by Bob Rehak on Halloween, 10/31/2019, with that to Jeff Miller
793 Days since Hurricane Harvey and 42 days after Imelda
The thoughts expressed in this post are my opinions on matters of public policy and concern. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Triple PG Sand Mine Agrees to Terms of Restraining Order
The Triple PG Sand Mine in Porter has agreed to the terms of a restraining order. The order will force the mine owner to build dikes that can withstand the force of future rains and that can prevent future discharges of process wastewater into the City of Houston’s drinking water.
Certification by Licensed Professional Engineer Required
Furthermore, according to the agreement, a licensed, professional engineer must certify that the dikes can withstand the force of future rains. No more building dikes out of sand. Given where the mine is located – at the confluence of two floodways – it’s not clear whether future breaches are 100% avoidable. It’s also unclear whether a professional engineer would put his or her reputation on the line with such a promise given this particular mine’s history and location.
Southern Perimeter Lacks Effective Dikes
The entire southern perimeter of the mine is flush with the land south of the mine. There appear to be no dikes. So this could be a massive construction job. Dozens of homes south of the mine flooded during Imelda. Debris and damage patterns suggest that floodwaters entered their homes directly from the mine, not from White Oak or Caney Creeks.
Background of Case
In May and again in September, the Texas Commission on Environmental Quality (TCEQ) reported that multiple breaches in dikes at the Triple PG Sand Mine on Caney Creek led to the escape of process water and sediment into the City of Houston’s drinking water supply. The TCEQ had previously cited the mine for similar environmental violations in 2015.
As a result of leaving the breaches open for prolonged periods, the Texas Attorney General sued the mine earlier this month. If the suit is successful, Triple PG could be liable for penalties exceeding $1 million.
Goals of Attorney General
Two weeks ago, I described what the original petition involved. The AG wants to force the mine to stop alleged pollution of the drinking water of the nation’s fourth largest city.
Both the injunction and restraining orders seek the same things: to get the mine to fix breaches so it stops allegedly emitting process water. The initial focus: sealing the mine off so that process water stops intermingling with drinking water. In the long term, however, the state wants to force the mine to build dikes sufficient to withstand the force of future floodwaters.
Requirements of Restraining Order
The agreed temporary restraining order requires the defendant to:
The amended restraining order reset the date for the hearing on a temporary injunction from October 24 to 28th. The last order again resets the hearing date to November 12th.
So why the restraining orders when the original suit asked for an injunction? Generally, restraining orders are sought as a form of immediate relief while a plaintiff pursues a more permanent injunction, although injunctions can also be temporary.
Full Text of Legal Filings to Date
Below are links to the full text of documents filed to date in the case. I obtained them from the Travis County District Clerk in Austin.
For one PDF that contains all the docs above, click here.
Explanation of “Agreed Order”
Notice the word “agreed” in many of the document titles above. An Agreed Order refers to a written agreement submitted by both parties to a case resolving issues between them.
After rendering decisions, courts will often command counsel for both parties to see if they can come up with wording of an order satisfactory to both. If they can, it becomes an “agreed order,” which the court will then enter. (If not, the judge will formulate his/her own order.
Turning the Tide on the East Fork?
If this sticks, it could change the way Triple PG does business forever. It could also improve life on the East Fork of the San Jacinto for residents who have complained about sediment buildups, flooding, polluted water, loss of riparian vegetation, destruction of wetlands, fish kills, and more.
Posted by Bob Rehak on 10/31/2019
793 Days after Hurricane Harvey and 42 since Imelda
Two Inches of Rain Should Never Have Caused This
Today, we got two inches of rain between 1:30 and 3:20. That’s according to the closest official gage at US59 and the West Fork. See the graph below. Ben’s Branch came out of its banks almost immediately and nearly flooded St. Martha’s Catholic School and Kids in Action again.
Today’s Rainfall in 10-minute Increments
The Result
St. Martha’s has not yet finished repairs from Imelda. No floodwater actually got in the school today, but it came dangerously close for a rain that was not unusual for this area. The school is at least two feet above the hundred year flood plain and this was a one-year rain at best (see table below).
Across the creek, Heather Jensen at Kids In Action wrote, “We’re currently rebuilding Kids In Action for the second time since May. Can’t stomach a third.” Many people would agree with that!
Expect a Rainfall This Intense at Least Annually
The latest NOAA Atlas-14 rainfall chart for this area shows that we can expect a two-inch rain in two hours at least once a year. If you measure the 10-minute peak, it also works out to a one-year event. Which we’ve had several of this year.
I have lived in Kingwood for 35 years and used to own commercial property near St. Martha’s for twenty years. I have never seen Ben’s Branch do this on a rain like we had today.
During those 35 years, not much has changed along the creek. With few exceptions, the bridges, homes and businesses along this portion of Ben’s Branch have been there the entire time.
New Upstream Development is Major Change
However, new upstream development could be adding to the peaks. The City of Houston confirmed after Imelda that the western tail of Woodridge Village empties into the City storm drains. See two images below.
The storm drains, which also empty Sherwood, in turn empty into Ben’s Branch. See image below.
The shot above is looking north, parallel to Woodland Hills Drive. Below, you can see the reverse angle, looking south. The shot was taken from the second floor of Kids in Action on the north side of the creek. Notice how water from that drain is shooting across the creek, creating more turbulence than the flood itself.
Below St. Martha’s, A Different World
Compare the width of the Ben’s Branch channel in the photos above to the width in the photos below, where the stream goes through a natural area.
Such obstructions, turns, tangles and narrow beds slow the velocity of the water, causing it to back up. No doubt, these factors play a role in the repetitive flooding, as does upstream development.
Political and Legal Obstructions Complicate Matters
Maintenance responsibilities for this portion of Ben’s Branch are in flux. That may be the kindest way to say it. Nothing has really changed since Harvey.
The Bear Branch Trail Association owns the property according to this deed and the Harris County Appraisal District.
However, from reading the deed, you can see that Friendswood still exercises deed restrictions on the property, especially those applying to drainage. When it comes to saying yea or nay to major changes that affect the character of the greenbelt on either side of Ben’s Branch, Friendswood appears to be in control to this day.
Major Friendswood deed restrictions include:
What Next for Ben’s Branch
Last year, the City reportedly agreed with Harris County Flood Control to assume responsibility for all underground drainage in the county would assume responsibility for all above ground drainage. Since then, the two have been trying to sort out responsibilities.
Harris County Flood Control has sought an easement at least since January from Friendswood and Bear Branch Trail Association. Reportedly, they want to remove some trees, and widen and straighten the channel. However, according to a frustrated Houston City Council Member Dave Martin, no agreement has been reached.
Meanwhile the school for more than 500 children almost flooded for the third time in six months. It’s hard to imagine Kingwood without its largest parochial school or one of its most popular day care/after school facilities. It’s time for
Harris County Flood Control should be concluding a major study of all Kingwood drainage soon…including Ben’s Branch. Let’s hope that helps wake Friendswood up to some new realities.
Posted by Bob Rehak on 10/29/2019
792 Days since Hurricane Harvey and 40 since Imelda