On June 17, the defendants filed a motion to dismiss the suit. The basis of the motion: that Webster and Spurlock had not filed a certificate of merit against LJA Engineers with the initial suit. They claimed that filing such a certificate is a requirement under Texas law when suing engineers.
Motion to Consolidate, Change Venue and Counterclaims
July 8 – Defendants responded to the plaintiff’s motion to dismiss the case(s). They cited the facts that they were NOT suing LJA Engineers, nor were they alleging any defect in their engineering plans or designs. Their claims, they said, related solely to construction practices. Specifically, they cited:
a. Blocking the drainage channels;
b. Filling in existing drainage channels;
c. Failing to properly install box culverts;
d. Failing to create temporary drainage channels;
e. Failing to allow adequate drainage after construction;
f. Failing to install silt barriers;
g. Allowing the Development to force rainfall toward Plaintiffs’ homes;
h. Failing to pay proper attention;
i. Failing to provide notice or warning; the filling in of creeks
j. Failing to have a proper rain event action plan;
k. Failing to have a proper storm water pollution prevention plan;
l. Failing to follow a proper storm water pollution prevention plan;
m. Failing to coordinate activities and/or conduct;
n. Failing to supervise the activities of the Development;
o. Failing to instruct in proper construction and/or drainage requirements;
p. Failing to train in proper construction and/or drainage requirements,
q. Failing to construct the emergency release channel; and,
r. Failing to timely implement the detention ponds.
Judge Reeder has not yet ruled on the change of venue motion or access to the property. Nor has she set a trial date.
Meanwhile, Back at the Construction Site…
Meanwhile, construction on the job site in the last week continued but at a slower pace. According to Elm Grove resident Jeff Miller who has closely monitored construction progress:
Had Hurricane Barry dropped the kind of water here that it did on Louisiana and Mississippi, Elm Grove and North Kingwood Forest residents would almost surely have flooded again.
LJA Engineers designed the onsite detention to hold a little more than a foot of rainfall. But with only an estimated 25% of the detention functioning at this point, 3″ of water could produce another flood (assuming my estimate is accurate).
Posted by Bob Rehak on July 15, 2019
685 Days since Hurricane Harveyand 9 weeks since May 7
All thoughts expressed in this post represent my opinions on matters of public interest 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/2019/07/IMG_2575.jpg?fit=640%2C480&ssl=1480640adminadmin2019-07-14 23:23:032019-07-14 23:53:02Update on Webster, Spurlock Elm Grove Lawsuits; Woodridge Construction
According to a report by KHOU 11, Harris County Judge Lina Hidalgo announced on Friday that Kingwood residents affected by floods in early May can now apply for SBA loans. Loan amounts can range up to $200,000 with interest rates as low as 1.983 percent.
Most of those affected live in Elm Grove and North Kingwood Forest. However, the county estimates approximately 400 families in Harris County flooded. They will also be eligible.
Elm Grove on May 9 just south of the clear cut area for the new Perry Homes development in Montgomery County.
Where to Apply
You can get more information about the loans or apply online by clicking here. SBA representatives are also available by calling 1-800-877-8339 or by email at disastercustomerservice@sba.gov.
Harris County, the Texas Division of Emergency Management, the Texas Governor’s Office and the city of Houston worked together to secure the federal assistance.
Hidalgo Stresses Aid May Not Be Available in Next Flood
“We will always fight zealously for our region, but the process for obtaining federal disaster assistance all too often ignores the reality of what’s happening on the ground,” Judge Hidalgo said. “Until the federal government addresses this issue and lowers the threshold for aid, we run the risk in future incidents of hard-hit residents being left without key federal assistance.”
Posted by Bob Rehak on 7/14/2019with help from Juanita Cantu
684 Days after Hurricane Harvey and 9 weeks after the Elm Grove Flood
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/07/ElmGroveFlood_01_09.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-07-14 12:16:092019-07-14 12:26:14KHOU Reports Elm Grove and Other Residents Now Eligible for Low-Interest SBA Loans
Something happened today that made me realize how, as a society, we are losing sight of the things that caused us to regulate the environment 50 years ago. As a result, some bad history could repeat itself
After seeing yesterday’s post about the West Fork mouth bar, a reader named Suzanne Kite sent me a link to an article on BusinessInsider.com. Little did she know that – for me – it would be a free ride on an emotional roller coaster in the wayback machine. The article talked about pollution of America’s rivers before the EPA…and focused on Cleveland, Ohio.
How Physical Landscape Shaped Political Landscape
About two thirds of Americans alive today had not yet been born when Cleveland’s Cuyahoga River caught fire in 1969. So they have no memory of the event that helped give birth to the EPA.
The Cuyahoga River caught fire a total of 13 times dating back to 1868. It was one of the most polluted rivers in America. Photo: Cleveland State University Library.
I remember it vividly. I was born in Cleveland, not far from the Cuyahoga River. Some of my earliest and happiest memories of childhood revolved around clam bakes with my family in Lake Erie in the early 1950s. But then we had to stop. The clams, they said, were contaminated with pollution from the Cuyahoga.
When the Cuyahoga caught fire, it came to symbolize out-of-control pollution. It became the spark that led to the creation of the EPA.
Says Aylin Woodward, author of the BusinessInsider.com article, “The disaster prompted a public outcry that in part led to the formation of the US Environmental Protection Agency (EPA) in 1970. The EPA was charged with regulating the country’s polluted air and waterways…”
“Documerica” Photo Archives
She continued. “Soon after its founding, the agency dispatched 100 photographers to capture the US’ environmental issues as part of a photo project called Documerica. The photographers took about 81,000 images, more than 20,000 of which were archived. At least 15,000 have been digitized by the National Archives, and the images now function as a kind of time capsule…”
The archives actually show many photographs of pollution coming from sand and gravel mines.
Environmental Degradation Preceded Population Loss
Cleveland was a once-proud and booming city that symbolized America’s industrial might. In 1950, it ranked as the seventh largest city in the country. Houston at the time ranked only 14th with a little more than half of Cleveland’s population. In the latest census (2010), however…
An alarming number of readers who saw yesterday’s post about the San Jacinto West Fork mouth bar commented on the massive amount of sediment pollution. They believe that not enough is being done to reduce the amount of sediment coming downstream.
Mouth bar blocking the West Fork of the San Jacinto. Photographed from a drone operated by Franz Willette of BCAeronautics.
Not all, but much of that sediment, in my opinion, came from approximately 20 square miles of sand mines upstream that were inundated by three so-called 500-year storms in 2015, 2016 and 2017. The rate of deposition has increased exponentially as you can see in the graph below.
Sudden exponential growth in mouth bar volume. Graph compiled by RD Kissling from Google Earth historical satellite photos.
FEMA believes that at least 500,000 cubic yards of sediment came downstream during Harvey. The City of Houston believes the number is closer to 1.4 million cubic yards.
All of that sediment pollution threatens the main source of the City’s drinking water by reducing its capacity.
Let’s Learn from History
The point of all this: history is repeating itself.
These developments make me fearful of the future that my children and grandchildren will inherit. If you share these feelings, please continue to apply pressure on elected representatives to push sand mines further back from the river.
What good is cheap concrete if the environment has become so degraded that people move elsewhere?
Posted by Bob Rehak on 7/13/2019
684 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/07/CuyahogaFire.jpg?fit=1500%2C997&ssl=19971500adminadmin2019-07-13 23:01:532019-07-13 23:02:03What Rivers Looked Like Before the EPA Regulated Water Pollution
Update on Webster, Spurlock Elm Grove Lawsuits; Woodridge Construction
A defendant’s motion to dismiss more than 200 lawsuits brought by two local lawyers, Jason Webster and Kimberly Spurlock, on behalf of flooded Elm Grove residents has been tabled by agreement of the lawyers involved. A hearing on the motion to dismiss was scheduled for Monday, July 15th at 4PM in Harris County Judge Lauren Reeder’s 234th Judicial District Court.
Background: Lawsuits and Motion to Dismiss
Here’s a brief chronology of events in the case to date:
Motion to Consolidate, Change Venue and Counterclaims
That same day (June 17):
On June 24, 2019, the lawyers for both sides agreed to consolidate the cases and Judge Reeder signed an order consolidating them.
On June 27th, the plaintiffs filed a request to enter the defendant’s property to inspect it.
Plaintiffs’ Response to Motion to Dismiss
July 8 – Defendants responded to the plaintiff’s motion to dismiss the case(s). They cited the facts that they were NOT suing LJA Engineers, nor were they alleging any defect in their engineering plans or designs. Their claims, they said, related solely to construction practices. Specifically, they cited:
On that same day, July 8, Webster and Spurlock filed an amended petition specifying points A-R above.
Lawyers Agree to Table Motion to Dismiss … Subject to Conditions
Last Friday, July 12, the lawyers for both plaintiffs and defendants filed a Rule 11 Agreement. It specifies that Figure Four and PSWA “pass” the scheduled July 15th hearing on the motion to dismiss, but retain their right to refile under certain conditions.
No Rulings Yet on Venue, Access or Trial Date
Judge Reeder has not yet ruled on the change of venue motion or access to the property. Nor has she set a trial date.
Meanwhile, Back at the Construction Site…
Meanwhile, construction on the job site in the last week continued but at a slower pace. According to Elm Grove resident Jeff Miller who has closely monitored construction progress:
No More Obvious Progress on Expansion of Detention Capacity
It appears that no additional detention ponds have yet been excavated beyond S2, according to Miller. Therefore, my last estimate of approximately 25% completion of detention has not changed.
LJA Engineers designed the onsite detention to hold a little more than a foot of rainfall. But with only an estimated 25% of the detention functioning at this point, 3″ of water could produce another flood (assuming my estimate is accurate).
Posted by Bob Rehak on July 15, 2019
685 Days since Hurricane Harvey and 9 weeks since May 7
All thoughts expressed in this post represent my opinions on matters of public interest and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas
KHOU Reports Elm Grove and Other Residents Now Eligible for Low-Interest SBA Loans
According to a report by KHOU 11, Harris County Judge Lina Hidalgo announced on Friday that Kingwood residents affected by floods in early May can now apply for SBA loans. Loan amounts can range up to $200,000 with interest rates as low as 1.983 percent.
Most of those affected live in Elm Grove and North Kingwood Forest. However, the county estimates approximately 400 families in Harris County flooded. They will also be eligible.
Where to Apply
You can get more information about the loans or apply online by clicking here. SBA representatives are also available by calling 1-800-877-8339 or by email at disastercustomerservice@sba.gov.
Harris County, the Texas Division of Emergency Management, the Texas Governor’s Office and the city of Houston worked together to secure the federal assistance.
Hidalgo Stresses Aid May Not Be Available in Next Flood
“We will always fight zealously for our region, but the process for obtaining federal disaster assistance all too often ignores the reality of what’s happening on the ground,” Judge Hidalgo said. “Until the federal government addresses this issue and lowers the threshold for aid, we run the risk in future incidents of hard-hit residents being left without key federal assistance.”
Posted by Bob Rehak on 7/14/2019 with help from Juanita Cantu
684 Days after Hurricane Harvey and 9 weeks after the Elm Grove Flood
What Rivers Looked Like Before the EPA Regulated Water Pollution
Something happened today that made me realize how, as a society, we are losing sight of the things that caused us to regulate the environment 50 years ago. As a result, some bad history could repeat itself
After seeing yesterday’s post about the West Fork mouth bar, a reader named Suzanne Kite sent me a link to an article on BusinessInsider.com. Little did she know that – for me – it would be a free ride on an emotional roller coaster in the wayback machine. The article talked about pollution of America’s rivers before the EPA…and focused on Cleveland, Ohio.
How Physical Landscape Shaped Political Landscape
About two thirds of Americans alive today had not yet been born when Cleveland’s Cuyahoga River caught fire in 1969. So they have no memory of the event that helped give birth to the EPA.
I remember it vividly. I was born in Cleveland, not far from the Cuyahoga River. Some of my earliest and happiest memories of childhood revolved around clam bakes with my family in Lake Erie in the early 1950s. But then we had to stop. The clams, they said, were contaminated with pollution from the Cuyahoga.
When the Cuyahoga caught fire, it came to symbolize out-of-control pollution. It became the spark that led to the creation of the EPA.
Says Aylin Woodward, author of the BusinessInsider.com article, “The disaster prompted a public outcry that in part led to the formation of the US Environmental Protection Agency (EPA) in 1970. The EPA was charged with regulating the country’s polluted air and waterways…”
“Documerica” Photo Archives
She continued. “Soon after its founding, the agency dispatched 100 photographers to capture the US’ environmental issues as part of a photo project called Documerica. The photographers took about 81,000 images, more than 20,000 of which were archived. At least 15,000 have been digitized by the National Archives, and the images now function as a kind of time capsule…”
If you like looking at old photos, you will find this collection fascinating. This BusinessInsider article shows how people and businesses back then used rivers as sewers. A separate article in the Smithsonian goes into even more detail on the Cuyahoga.
Environmental Degradation Preceded Population Loss
Cleveland was a once-proud and booming city that symbolized America’s industrial might. In 1950, it ranked as the seventh largest city in the country. Houston at the time ranked only 14th with a little more than half of Cleveland’s population. In the latest census (2010), however…
San Jacinto Problems Not New
An alarming number of readers who saw yesterday’s post about the San Jacinto West Fork mouth bar commented on the massive amount of sediment pollution. They believe that not enough is being done to reduce the amount of sediment coming downstream.
Not all, but much of that sediment, in my opinion, came from approximately 20 square miles of sand mines upstream that were inundated by three so-called 500-year storms in 2015, 2016 and 2017. The rate of deposition has increased exponentially as you can see in the graph below.
FEMA believes that at least 500,000 cubic yards of sediment came downstream during Harvey. The City of Houston believes the number is closer to 1.4 million cubic yards.
All of that sediment pollution threatens the main source of the City’s drinking water by reducing its capacity.
Let’s Learn from History
The point of all this: history is repeating itself.
In 2006, American Rivers named the San Jacinto one of the 10 most endangered rivers in America… because of sand mining. And it has only become worse since then.
These developments make me fearful of the future that my children and grandchildren will inherit. If you share these feelings, please continue to apply pressure on elected representatives to push sand mines further back from the river.
Posted by Bob Rehak on 7/13/2019
684 Days since Hurricane Harvey