To date, most of the press coverage about the May 7th flood has focused on Elm Grove and North Kingwood Forest to the south of the new Woodridge Village development. However, the flood also affected many homes in Porter to the west of it. This is an interview with Gretchen Dunlap-Smith in Porter whose home was built in 1994. It flooded for the first time – after Woodridge Village started clearcutting and grading the land next to her, and wetlands disappeared.
USGS National Wetlands Inventory shows that government classified much of the northern section of Woodridge as wetlands (dark green overlays).Porter borders Woodridge Village to the west. Smith home located in white circle.
“This Area Never Flooded”
Rehak: Has this area ever flooded before?
Dunlap-Smith: This area never flooded.
Rehak: How far back does “never” go?
Dunlap-Smith: I grew up in the Kingwood area. My parents moved here in late 1976. We had 2.5 acres off of Hueni. My brother built this house in ‘94. So I’ve known this home since its inception. I saw it being built. One house at the end of the block did get water in it, but none of the other houses ever flooded. Ever!
Rehak: What do you think caused the flooding on May 7th?
Dunlap-Smith: (Pointing to bulldozers in the distance) The construction down there. That’s the only thing that’s changed. During Harvey, there was never any fear, threat, or worry in my mind that “I’m going to have water in my home.” Ever! During Harvey, during the Tax Day flood and all the stuff before that…never any concern. This (pointing to the construction again) changed the game.
We used to ride four wheelers on that property so I know there used to be a huge detention ditch and a huge pond. There used to be a natural creek down off of the end that went up to the wood line. From what I’ve been seeing and what I’ve been told, they backfilled all that in. The wetlands disappeared.
Note dirt pushed in ditch along western edge of Woodridge Village.Homes from the north end of this development in Porter all the way down to Mace and Joseph streets flooded, including Dunlap-Smith’s home on Flower Ridge.
Ditches No Longer Drain
Dunlap-Smith: Even now, the ditches don’t drain. Our ditches drained before. They never had standing water in them. You look at the ditches now and you will see green algae and moss growing in them. We never had that before. We could mow our ditches. They were dry, because the water drained. And now it doesn’t do that.
Rehak: Where did the water go before?
Dunlap-Smith: It went to the end of the road and flowed out.
Rehak: And now it’s getting to the end of the road and stopping?
Where drainage from Flower Ridge in Porter joins the new Woodridge Village in Porter.Residents say water now stands so long in altered ditches that it grows algae.
Dunlap-Smith: Right. Now it’s backing up and flooding the street.
Rehak: Were you blocked in on May 7th?
Dunlap-Smith: We got out Tuesday night when the rain receded a little bit…for like 3 hours. The water went down enough to where I felt comfortable going through it with our Nissan Altima.
Ditches Became Invisible in Flood
Rehak: These ditches are kind of…deep. If you didn’t know they were there…!!!
Dunlap-Smith: Yeah! You could really do some damage. Or worse, drown yourself in your car.
Photo by Gretchen Dunlap-Smith from May 7 of Flower Ridge in in Porter.
Rehak: How many homes in your subdivision were affected?
Dunlap-Smith: I don’t have a count. But I know that several homes flooded on our street and other streets in the subdivision.
Rehak: How high did the water get?
Dunlap-Smith: A couple inches in our house. Deeper in others.
Rehak: How much did you lose?
Saved by the Peaches!
Dunlap-Smith: Carpet. I was able to get some furniture up onto soup cans and big jars of peaches.
I put most of our furniture up on stuff like that. Hopefully, I may be able to salvage a couple rooms of carpet. Most of my house was tiled by my brother and sister. So the only rooms that had carpet were my living room and my three bedrooms.
Swamped utility room after the flood. Photo. by Gretchen Dunlap-Smith.
Rehak: Is there any concern that the water got under the tile?
Dunlap-Smith: I talked to a couple people about that. I have two dehumidifiers that have been going non-stop since the day after the flood. Those haven’t quit. I’m dumping them constantly.
Cleaning Up the House Without Flood Insurance
Rehak: How long did it take the water to recede? When you came back the next day was it out?
Dunlap-Smith: It was out of the streets.
Rehak: How about the house?
Dunlap-Smith: No. The house…I had to pull every bit of carpet out. It had not receded.
Rehak: Did you have to squeegee it out?
Dunlap-Smith: That carpet was a soaking wet mess! You see that shop vac behind you? That’s a wet/dry shop vac.
Gretchen Dunlap-Smith tries to save her carpet by drying it on the bed of her truck.
You know, this isn’t a flood zone. When we bought the home, we weren’t required to have flood insurance. We called our agent after the flood and he said we weren’t covered, but we could get coverage for four or five hundred dollars per year. But it wouldn’t activate for 30 days.
“You Sunk Us”
Dunlap-Smith: My neighbor told me that they were down there digging a ditch line, trying to open up the drainage again from the damage they had done. But you’ve already damaged natural drainage. You changed and affected how the flow goes. So I don’t care what you do now. You sunk us.
Rehak: Their plan shows a huge detention pond up in the northwestern corner of this land that they clearcut. And then there’s a linear ditch running inside their property all the way down to the bottom.
Where N1 detention pond and drainage ditch should have been before flood. Excavation still had not started weeks after flood.This area used to be wetlands before the developer “improved” the drainage.
Dunlap-Smith: Right. But that ditch is not there. And if you look down Ivy Ridge, every home has trash in front because every one of them flooded.
Trash pile at end of Ivy Ridge. Looking east toward new developmentwhere drainage used to go.
“They Will Never Build on that Property”
The gentleman behind us, when he bought his house, told us there was an easement on that property. He was told they would never build on that property and not to worry. And here they are (pointing to construction).
Rehak: I’ve heard that same story from a dozen different people!
Dunlap-Smith: You get told something and you take it as gospel truth. And you run with it. You don’t check. You don’t research it. You just believe it because they’ve been honest up until now. Which is unfortunate.
Rehak: Do you have any idea what the financial loss is so far?
Counting Her Blessings, Minus the PTSD
Dunlap-Smith: Not really. Honestly, I counted my blessings. It could have been a lot worse. I saw what those people in Elm Grove were hit with. And my husband lost everything in the ’94 flood, including his whole family home. He lived right behind where Reeves furniture used to be on 59. It’s an antique store now. He lived on Treasure Lane. In ’89 there was a flood. They lost everything. But then the one in ’94 really did them in.
As far as the financial? I’m grateful. I know it could have been worse. But I know there’s been a huge emotional cost. It triggered PTSD in my husband.
Rehak: How?
Praying as the Water Rose
Dunlap-Smith: My husband is 6’4”. Not a little guy. He dwarfs me. Works for the Harris County Sherriff’s office. Takes down inmates every day. He’s not a timid guy.
When water was coming in the house, he sat down with his head in his hands and had tears. And I’ve never seen him cry.
We both were under stress. Water’s coming in our house. I have our dogs in a kennel. And I realized then…oh my gosh. The dogs are standing in water inside their kennels. So I moved them up. My husband and I were both getting a little snippy, which isn’t in our nature. There we were. Standing up to our ankles in water in the middle of our living room. He grabbed my hand and I grabbed his, and it’s like, “OK, right here. Right now. We’re praying. Stop. We have to see this for what it is not. It’s not as bad as it could be. And now he’s seeing that.
That Sour Smell
Rehak: Are you going to have to pull out wallboard and electrical?
Dunlap-Smith: I don’t think so. That’s why I said, “I’m counting my blessings.”
Rehak: Floorboards?
Dunlap-Smith: (sighs heavily). Probably. After the first three or four days, I could smell the sour. There was a heavy sour smell. Not so much mildew, but sour.
May 15th was the deadline to dispute our taxes and ours went up like $10,000. So I’m disputing them. I fired off a letter. (She begins reciting complaints in the letter.) “Are we going to be in a flood plain now?” “Are we going to require flood insurance?” We’re not a high-income neighborhood. We don’t have money to throw at that stuff.
Rehak: What kind of assistance have you gotten from Montgomery County so far?
Dunlap-Smith: I would like to get those sticky floor tiles at cost or at a highly discounted rate. I don’t know. I would like to get a dehumidifier because they’re not doing squat about this or taking accountability. My husband and I don’t have credit cards that we can buy things with.
We bought two dehumidifiers out of our pocket. That was nearly 500 dollars. You’re living paycheck to paycheck and you want to fix your house back. My Aunt told me to call Red Cross. But I’m not going to take money out of somebody’s hands that I can see needs it more than I do. I’m not going to do that.
Wants Developer to Restore Drainage
Rehak: Let me rephrase the question. In regard to your development, what would you like to see Montgomery County and the developer do?
Dunlap-Smith: For starters, come in and dig out the ditches. Maybe lower the streets to create more capacity for the water before it gets into our homes.
Rehak: And in regard to that new development going in over there?
Dunlap-Smith: I would love to see the County force the developer to create a true, correct drainage ditch.
Rehak: Do you think the county is even aware that you flooded?
Dunlap-Smith: No. They sent out a message on Twitter saying, “Contact us if you had any flooding.” I don’t think they have any clue.
We had water backing up and leaking from our toilet. Our tub was filling up with this noxious looking water and a septic smell. It was brown.
No, I don’t think the county knows that it happened in a place that it’s never happened before. The developer says they aren’t the culprit. But they changed the drainage. And they’ve gone too far to turn back.
Rehak: You can’t put back nature the way it was.
Dunlap-Smith: Agreed. I wish the county could force them to create drainage. This flooding will happen again if things stay as they are.
Reluctant to Water Plants
Rehak: How do you feel about your future here?
Note: As with other flood victims I have interviewed, curiously, Ms. Dunlap-Smith thinks in terms of tomorrow, not next year.
Dunlap-Smith: We have a little joke here. Every time I water my plants, it rains. For some people it’s washing their cars. But I told my husband this morning that, “I’m afraid to water my plants.” So … if that tells you anything. (Laughing) I’d rather let the plants die.
Looking back at the 2019 Texas Legislature, we have cause for both celebration and soul searching. The good news: A multi-billion-dollar flood-mitigation bill that will do a lot of good for a lot of people. The bad news: death in various committees of any serious legislation to reign in the out-of-control abuses of sand miners. They openly flaunt environmental laws and resist every attempt at reasonable regulation while pretending to be the good guys who fuel growth.
TACA even managed to kill a bill that would have defined best practices for sand mining (HB 909), without even creating any penalties for violation. You can read the entire rundown on the Legislation page of this site. Below is a brief summary of the bills I followed closely.
Flood Mitigation Scorecard
HB 13 would have created a flood infrastructure fund of $3.26 billion taken from the Economic Stabilization (Rainy Day) fund for flood planning, mitigation, and infrastructure projects. This bill had many of the same objectives as SB 7, but also contained some differences. SB 7 survived. HB13 didn’t.
SB7 could help pay for additional flood gates on Lake Houstonand speed up the process of designing, permitting, and constructing them.
SB500 is an omnibus appropriations bill that includes funding for SB7. It also dedicates $30 million for dredging of the West Fork Mouth Bar in Lake Houston. It passed both Houses and is also on the Governor’s desk, awaiting his signature.
HB 911 would have created a Lake Houston Watershed Commission. Its purpose: to provide the public with streamlined communication and cooperation in flood control planning. It passed the House, but died in the Senate Water and Rural Affairs committee.
Sand Mining Scorecard
People all over the state rose up against the aggregate industry during this legislature, but legislation the industry opposed made it out of committee. Suddenly, TACA’s reason for making large donations to every committee chair in both the House and Senate became clear. There was one small win.
A Small Win
HB 907 Doubled the penalties for not registering a sand mining operation. New penalties can range from $10,000 to $20,000 per year with the total not to exceed $50,000. It passed both Houses and went to the Governor on 5/29. TACA backed this bill because the openly illegal sand mining is bad for their business. It creates low-priced competition.
Bigger Losses
Below is a short list of other sand-mining bills I followed:
HB509 would have allowed the Texas Railroad Commission to regulate APOs with TCEQ. It would have required a hydrologic impact study especially for large clusters of mines in a small area. It also would have required public notice, public hearings, and provided fines up to $10,000 and 1-year in jail for false statements made on permits. It died in committee.
HB 908 would have provided penalties up to $50,000 for water code violations and every-other-year inspections. Died in Committee. No testimony even heard.
HB 909 would have directed the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations). Testimony was taken on 5/1, but no further action was taken. The bill died in committee.
HB 1671 would have extended water quality protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos as part of a pilot program. It would have attached penalties for non-compliance with best practices defined under HB909. It died in the House Natural Resources Committee.
HB 2871 would required sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have had to do both of these things before they could have acquired a production permit. It also attached civil and criminal penalties for non-compliance. This bill died in the Energy Resources committee.
SB2123. Companion bill identical to HB907. Died in committee.
SB2124. Companion bill, identical to HB909. Died in committee.
SB2125. Companion bill, identical to HB908. Died in committee.
The most potentially dangerous bill of 2019 was CSSB2126. It was pitched under the guise of creating sand traps in the San Jacinto. The theory: keep sand from migrating downstream where it creates sediment dams, such as the mouth bar. Proponents (including TACA) pitched it as a way to get free dredging.
It would have allowed the SJRA and Harris County Flood Control District to dredge the San Jacinto River to restore conveyance without a permit – if they place the spoils on private land. It died in the House, but was reincarnated as HB1824. That bill passed both houses and is on the Governor’s desk.
I feared that this bill would have opened the door to river mining in the San Jacinto. The reason I feared this? Proponents of the bill said they wanted to create “sand traps.” But no one could agree on what they were or where they would be. Language in the bill was EXTREMELY vague and open ended, a practice that can lead to abuses. It doesn’t even mention sand traps. Meanwhile…
River mining is outlawed in many countries because it is so environmentally destructive.
Environmental groups, such as the Bayou Land Conservancy, tried to add language that would have called for independent studies, before allowing miners in the river.
Time Will Tell: Vigilance Required
A major focus of my efforts since Harvey was to increase setbacks from the river for mines. This bill went in the other direction. It allows miners in the river under the guise of “helping” reduce the sedimentation that they “helped” create.
In reality it also reduces their costs by giving them access to land (the river) without paying leasehold fees or taxes. It also gives developers a way to get free fill that can be dumped in the floodplain without permits. And that could put powerful pressure on politically sensitive, appointed boards, such the SJRA’s.
Only time will tell whether the intentions of the drafters of this legislation were pure, or whether this is yet another sly and crafty grab by TACA. One thing is certain: it will require constant vigilance on the part of residents and environmental groups.
Posted by Bob Rehak on 5/30/2019
639 Days since Hurricane Harvey
All thoughts expressed in this post are my opinions on matters of public policy. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/WestFork.jpg?fit=1200%2C1572&ssl=115721200adminadmin2019-05-30 14:32:402019-05-30 15:10:472019 Legislative Scorecard: Flood Mitigation a Win, Sand Mining a Loss
Jason Webster and Kimberly Spurlock, two local lawyers, have teamed up to represent Elm Grove and North Kingwood Forest (NKF) flood victims. On May 7th, video captured floodwater streaming out of the 268-acre site north and west of those two subdivisions. The contractor had already clearcut most of the land for the developer’s new Woodridge Village. However, the contractor had not yet excavated the key detention pond next to the people who flooded. As a result, it appears that runoff from the mostly clay soils in the new development compounded street flooding already in progress. That’s when the volume of water became more than the streets could handle and hundreds of homes flooded.
Third Wave of Lawsuits Filed Last Week
The third wave of lawsuits filed by Webster and Spurlock against defendants Figure Four Partners, LTD; PSWA, Inc.; and Rebel Contractors, Inc. brings the total of plaintiffs they represent to more than 200.
This is not a class action suit. Each plaintiff suffered different amounts of damage. It is a series of individual lawsuits. Here is the first wave of plaintiffs, the second, the third and the basis for the claims.
The lawsuits allege negligence, negligence per se, gross negligence, nuisance, and violation of Section 11.086 of the Texas Water Code. Plaintiffs seek exemplary damages and a permanent injunction among other things.
According to numerous residents, the contractor also filled in existing streams and wetlands while grading the property. Partially as a result, homes that never flooded before suddenly flooded during what Harris County meteorologist Jeff Lindner characterized as a 2-year to 50-year rain event. Plans show that if the detention ponds had been constructed, they should have held a 100-year rain.
Next Steps in Lawsuits
District court record searches indicate that no other law firm has yet filed suit against these defendants for the Elm Grove and NKF flooding. However, they may. At least two other law firms have held meetings with residents.
Meanwhile, the court has scheduled oral arguments for the temporary injunction against Figure Four Partners, LTD; PSWA, Inc.; and Rebel Contractors for July 8 at 2:30 PM in the 11th Judicial District Court. This is for the second batch of plaintiffs.
Previous Problems Surface for Rebel Contractors
A search of Harris County District Court records found a separate lawsuit against Rebel Contractors for a different incident. Harris County and the State of Texas (on behalf of the TCEQ) sued the company for its practice of burning trees while clearing land. The plaintiffs claimed the practice added to air pollution and harmed health. The County and State won an injunction against Rebel Contractors. Rebel agreed to stop its burning.
“Rainxiety” Sets In
A new term is floating around: rainxiety. That’s the anxiety flood victims feel whenever rain is forecast. Dozens of residents have told me that they sweat, their hearts race, and they begin to panic whenever it rains. One even begins humming Creedence Clearwater Revival’s “Who’ll Stop the Rain?” That should become the theme song for Elm Grove and North Kingwood Forest.
“Still the rain kept pourin’, Fallin’ on my ears. And I wonder, Still I wonder Who’ll stop the rain.” By John Fogarty
All 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.
Posted by Bob Rehak on 5/29/2019 with help from Jeff Miller
638 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/ElmGroveFlood_01_11.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-05-29 20:19:172019-05-31 07:07:02More than 40 Additional Plaintiffs Join Webster, Spurlock Lawsuits Against Woodridge Developers and Contractor for May 7th Flooding
Gretchen Dunlap-Smith’s Flood Experience: “You Sunk Us”
To date, most of the press coverage about the May 7th flood has focused on Elm Grove and North Kingwood Forest to the south of the new Woodridge Village development. However, the flood also affected many homes in Porter to the west of it. This is an interview with Gretchen Dunlap-Smith in Porter whose home was built in 1994. It flooded for the first time – after Woodridge Village started clearcutting and grading the land next to her, and wetlands disappeared.
“This Area Never Flooded”
Rehak: Has this area ever flooded before?
Dunlap-Smith: This area never flooded.
Rehak: How far back does “never” go?
Dunlap-Smith: I grew up in the Kingwood area. My parents moved here in late 1976. We had 2.5 acres off of Hueni. My brother built this house in ‘94. So I’ve known this home since its inception. I saw it being built. One house at the end of the block did get water in it, but none of the other houses ever flooded. Ever!
Rehak: What do you think caused the flooding on May 7th?
Dunlap-Smith: (Pointing to bulldozers in the distance) The construction down there. That’s the only thing that’s changed. During Harvey, there was never any fear, threat, or worry in my mind that “I’m going to have water in my home.” Ever! During Harvey, during the Tax Day flood and all the stuff before that…never any concern. This (pointing to the construction again) changed the game.
We used to ride four wheelers on that property so I know there used to be a huge detention ditch and a huge pond. There used to be a natural creek down off of the end that went up to the wood line. From what I’ve been seeing and what I’ve been told, they backfilled all that in. The wetlands disappeared.
Ditches No Longer Drain
Dunlap-Smith: Even now, the ditches don’t drain. Our ditches drained before. They never had standing water in them. You look at the ditches now and you will see green algae and moss growing in them. We never had that before. We could mow our ditches. They were dry, because the water drained. And now it doesn’t do that.
Rehak: Where did the water go before?
Dunlap-Smith: It went to the end of the road and flowed out.
Rehak: And now it’s getting to the end of the road and stopping?
Dunlap-Smith: Right. Now it’s backing up and flooding the street.
Rehak: Were you blocked in on May 7th?
Dunlap-Smith: We got out Tuesday night when the rain receded a little bit…for like 3 hours. The water went down enough to where I felt comfortable going through it with our Nissan Altima.
Ditches Became Invisible in Flood
Rehak: These ditches are kind of…deep. If you didn’t know they were there…!!!
Dunlap-Smith: Yeah! You could really do some damage. Or worse, drown yourself in your car.
Rehak: How many homes in your subdivision were affected?
Dunlap-Smith: I don’t have a count. But I know that several homes flooded on our street and other streets in the subdivision.
Rehak: How high did the water get?
Dunlap-Smith: A couple inches in our house. Deeper in others.
Rehak: How much did you lose?
Saved by the Peaches!
Dunlap-Smith: Carpet. I was able to get some furniture up onto soup cans and big jars of peaches.
I put most of our furniture up on stuff like that. Hopefully, I may be able to salvage a couple rooms of carpet. Most of my house was tiled by my brother and sister. So the only rooms that had carpet were my living room and my three bedrooms.
Rehak: Is there any concern that the water got under the tile?
Dunlap-Smith: I talked to a couple people about that. I have two dehumidifiers that have been going non-stop since the day after the flood. Those haven’t quit. I’m dumping them constantly.
Cleaning Up the House Without Flood Insurance
Rehak: How long did it take the water to recede? When you came back the next day was it out?
Dunlap-Smith: It was out of the streets.
Rehak: How about the house?
Dunlap-Smith: No. The house…I had to pull every bit of carpet out. It had not receded.
Rehak: Did you have to squeegee it out?
Dunlap-Smith: That carpet was a soaking wet mess! You see that shop vac behind you? That’s a wet/dry shop vac.
You know, this isn’t a flood zone. When we bought the home, we weren’t required to have flood insurance. We called our agent after the flood and he said we weren’t covered, but we could get coverage for four or five hundred dollars per year. But it wouldn’t activate for 30 days.
“You Sunk Us”
Dunlap-Smith: My neighbor told me that they were down there digging a ditch line, trying to open up the drainage again from the damage they had done. But you’ve already damaged natural drainage. You changed and affected how the flow goes. So I don’t care what you do now. You sunk us.
Rehak: Their plan shows a huge detention pond up in the northwestern corner of this land that they clearcut. And then there’s a linear ditch running inside their property all the way down to the bottom.
Dunlap-Smith: Right. But that ditch is not there. And if you look down Ivy Ridge, every home has trash in front because every one of them flooded.
“They Will Never Build on that Property”
The gentleman behind us, when he bought his house, told us there was an easement on that property. He was told they would never build on that property and not to worry. And here they are (pointing to construction).
Rehak: I’ve heard that same story from a dozen different people!
Dunlap-Smith: You get told something and you take it as gospel truth. And you run with it. You don’t check. You don’t research it. You just believe it because they’ve been honest up until now. Which is unfortunate.
Rehak: Do you have any idea what the financial loss is so far?
Counting Her Blessings, Minus the PTSD
Dunlap-Smith: Not really. Honestly, I counted my blessings. It could have been a lot worse. I saw what those people in Elm Grove were hit with. And my husband lost everything in the ’94 flood, including his whole family home. He lived right behind where Reeves furniture used to be on 59. It’s an antique store now. He lived on Treasure Lane. In ’89 there was a flood. They lost everything. But then the one in ’94 really did them in.
Rehak: How?
Praying as the Water Rose
Dunlap-Smith: My husband is 6’4”. Not a little guy. He dwarfs me. Works for the Harris County Sherriff’s office. Takes down inmates every day. He’s not a timid guy.
We both were under stress. Water’s coming in our house. I have our dogs in a kennel. And I realized then…oh my gosh. The dogs are standing in water inside their kennels. So I moved them up. My husband and I were both getting a little snippy, which isn’t in our nature. There we were. Standing up to our ankles in water in the middle of our living room. He grabbed my hand and I grabbed his, and it’s like, “OK, right here. Right now. We’re praying. Stop. We have to see this for what it is not. It’s not as bad as it could be. And now he’s seeing that.
That Sour Smell
Rehak: Are you going to have to pull out wallboard and electrical?
Dunlap-Smith: I don’t think so. That’s why I said, “I’m counting my blessings.”
Rehak: Floorboards?
Dunlap-Smith: (sighs heavily). Probably. After the first three or four days, I could smell the sour. There was a heavy sour smell. Not so much mildew, but sour.
May 15th was the deadline to dispute our taxes and ours went up like $10,000. So I’m disputing them. I fired off a letter. (She begins reciting complaints in the letter.) “Are we going to be in a flood plain now?” “Are we going to require flood insurance?” We’re not a high-income neighborhood. We don’t have money to throw at that stuff.
Rehak: What kind of assistance have you gotten from Montgomery County so far?
Dunlap-Smith: Nothing. (Pause) Absolutely nothing.
Too Poor to Repair, Too Proud to Ask for Help
Rehak: What would you like to get?
Dunlap-Smith: I would like to get those sticky floor tiles at cost or at a highly discounted rate. I don’t know. I would like to get a dehumidifier because they’re not doing squat about this or taking accountability. My husband and I don’t have credit cards that we can buy things with.
We bought two dehumidifiers out of our pocket. That was nearly 500 dollars. You’re living paycheck to paycheck and you want to fix your house back. My Aunt told me to call Red Cross. But I’m not going to take money out of somebody’s hands that I can see needs it more than I do. I’m not going to do that.
Wants Developer to Restore Drainage
Rehak: Let me rephrase the question. In regard to your development, what would you like to see Montgomery County and the developer do?
Dunlap-Smith: For starters, come in and dig out the ditches. Maybe lower the streets to create more capacity for the water before it gets into our homes.
Rehak: And in regard to that new development going in over there?
Dunlap-Smith: I would love to see the County force the developer to create a true, correct drainage ditch.
Rehak: Do you think the county is even aware that you flooded?
Dunlap-Smith: No. They sent out a message on Twitter saying, “Contact us if you had any flooding.” I don’t think they have any clue.
We had water backing up and leaking from our toilet. Our tub was filling up with this noxious looking water and a septic smell. It was brown.
No, I don’t think the county knows that it happened in a place that it’s never happened before. The developer says they aren’t the culprit. But they changed the drainage. And they’ve gone too far to turn back.
Rehak: You can’t put back nature the way it was.
Dunlap-Smith: Agreed. I wish the county could force them to create drainage. This flooding will happen again if things stay as they are.
Reluctant to Water Plants
Rehak: How do you feel about your future here?
Note: As with other flood victims I have interviewed, curiously, Ms. Dunlap-Smith thinks in terms of tomorrow, not next year.
Dunlap-Smith: We have a little joke here. Every time I water my plants, it rains. For some people it’s washing their cars. But I told my husband this morning that, “I’m afraid to water my plants.” So … if that tells you anything. (Laughing) I’d rather let the plants die.
Posted by Bob Rehak on 5/31/2019
640 Days since Hurricane Harvey
2019 Legislative Scorecard: Flood Mitigation a Win, Sand Mining a Loss
Looking back at the 2019 Texas Legislature, we have cause for both celebration and soul searching. The good news: A multi-billion-dollar flood-mitigation bill that will do a lot of good for a lot of people. The bad news: death in various committees of any serious legislation to reign in the out-of-control abuses of sand miners. They openly flaunt environmental laws and resist every attempt at reasonable regulation while pretending to be the good guys who fuel growth.
TACA even managed to kill a bill that would have defined best practices for sand mining (HB 909), without even creating any penalties for violation. You can read the entire rundown on the Legislation page of this site. Below is a brief summary of the bills I followed closely.
Flood Mitigation Scorecard
HB 13 would have created a flood infrastructure fund of $3.26 billion taken from the Economic Stabilization (Rainy Day) fund for flood planning, mitigation, and infrastructure projects. This bill had many of the same objectives as SB 7, but also contained some differences. SB 7 survived. HB13 didn’t.
SB 7 created a dedicated Texas Infrastructure Fund for flood control planning and the funding of flood planning, mitigation, and infrastructure projects. It Passed both houses and is on the Governor’s desk, awaiting his signature. You can read more detail about SB7 and how it will enable and accelerate flood mitigation in this post.
SB500 is an omnibus appropriations bill that includes funding for SB7. It also dedicates $30 million for dredging of the West Fork Mouth Bar in Lake Houston. It passed both Houses and is also on the Governor’s desk, awaiting his signature.
HB 911 would have created a Lake Houston Watershed Commission. Its purpose: to provide the public with streamlined communication and cooperation in flood control planning. It passed the House, but died in the Senate Water and Rural Affairs committee.
Sand Mining Scorecard
People all over the state rose up against the aggregate industry during this legislature, but legislation the industry opposed made it out of committee. Suddenly, TACA’s reason for making large donations to every committee chair in both the House and Senate became clear. There was one small win.
A Small Win
HB 907 Doubled the penalties for not registering a sand mining operation. New penalties can range from $10,000 to $20,000 per year with the total not to exceed $50,000. It passed both Houses and went to the Governor on 5/29. TACA backed this bill because the openly illegal sand mining is bad for their business. It creates low-priced competition.
Bigger Losses
Below is a short list of other sand-mining bills I followed:
HB509 would have allowed the Texas Railroad Commission to regulate APOs with TCEQ. It would have required a hydrologic impact study especially for large clusters of mines in a small area. It also would have required public notice, public hearings, and provided fines up to $10,000 and 1-year in jail for false statements made on permits. It died in committee.
HB 908 would have provided penalties up to $50,000 for water code violations and every-other-year inspections. Died in Committee. No testimony even heard.
HB 909 would have directed the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations). Testimony was taken on 5/1, but no further action was taken. The bill died in committee.
HB 1671 would have extended water quality protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos as part of a pilot program. It would have attached penalties for non-compliance with best practices defined under HB909. It died in the House Natural Resources Committee.
HB 2871 would required sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have had to do both of these things before they could have acquired a production permit. It also attached civil and criminal penalties for non-compliance. This bill died in the Energy Resources committee.
SB2123. Companion bill identical to HB907. Died in committee.
SB2124. Companion bill, identical to HB909. Died in committee.
SB2125. Companion bill, identical to HB908. Died in committee.
Wolf in Sheep’s Clothing?
The most potentially dangerous bill of 2019 was CSSB2126. It was pitched under the guise of creating sand traps in the San Jacinto. The theory: keep sand from migrating downstream where it creates sediment dams, such as the mouth bar. Proponents (including TACA) pitched it as a way to get free dredging.
It would have allowed the SJRA and Harris County Flood Control District to dredge the San Jacinto River to restore conveyance without a permit – if they place the spoils on private land. It died in the House, but was reincarnated as HB1824. That bill passed both houses and is on the Governor’s desk.
I feared that this bill would have opened the door to river mining in the San Jacinto. The reason I feared this? Proponents of the bill said they wanted to create “sand traps.” But no one could agree on what they were or where they would be. Language in the bill was EXTREMELY vague and open ended, a practice that can lead to abuses. It doesn’t even mention sand traps. Meanwhile…
Environmental groups, such as the Bayou Land Conservancy, tried to add language that would have called for independent studies, before allowing miners in the river.
Time Will Tell: Vigilance Required
A major focus of my efforts since Harvey was to increase setbacks from the river for mines. This bill went in the other direction. It allows miners in the river under the guise of “helping” reduce the sedimentation that they “helped” create.
In reality it also reduces their costs by giving them access to land (the river) without paying leasehold fees or taxes. It also gives developers a way to get free fill that can be dumped in the floodplain without permits. And that could put powerful pressure on politically sensitive, appointed boards, such the SJRA’s.
Only time will tell whether the intentions of the drafters of this legislation were pure, or whether this is yet another sly and crafty grab by TACA. One thing is certain: it will require constant vigilance on the part of residents and environmental groups.
Posted by Bob Rehak on 5/30/2019
639 Days since Hurricane Harvey
All thoughts expressed in this post are my opinions on matters of public policy. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP Statute of the Great State of Texas.
More than 40 Additional Plaintiffs Join Webster, Spurlock Lawsuits Against Woodridge Developers and Contractor for May 7th Flooding
Jason Webster and Kimberly Spurlock, two local lawyers, have teamed up to represent Elm Grove and North Kingwood Forest (NKF) flood victims. On May 7th, video captured floodwater streaming out of the 268-acre site north and west of those two subdivisions. The contractor had already clearcut most of the land for the developer’s new Woodridge Village. However, the contractor had not yet excavated the key detention pond next to the people who flooded. As a result, it appears that runoff from the mostly clay soils in the new development compounded street flooding already in progress. That’s when the volume of water became more than the streets could handle and hundreds of homes flooded.
Third Wave of Lawsuits Filed Last Week
The third wave of lawsuits filed by Webster and Spurlock against defendants Figure Four Partners, LTD; PSWA, Inc.; and Rebel Contractors, Inc. brings the total of plaintiffs they represent to more than 200.
This is not a class action suit. Each plaintiff suffered different amounts of damage. It is a series of individual lawsuits. Here is the first wave of plaintiffs, the second, the third and the basis for the claims.
The lawsuits allege negligence, negligence per se, gross negligence, nuisance, and violation of Section 11.086 of the Texas Water Code. Plaintiffs seek exemplary damages and a permanent injunction among other things.
Figure Four and LJA Engineering Response
A statement by Figure Four Partners, LTD, claims the flood was an act of God and that many of the detention ponds were already complete. However, LJA Engineering, which had been hired by Figure Four to design drainage for the new development, later said that none of the detention ponds was complete. One one was fully excavated, but not yet completed, they said.
Natural Drainage Filled Near Highest Concentration of Flooded Homes
Only about 1% of the homes in Kingwood flooded on May 7th. Of those, almost all were adjacent to the land that Figure Four and Rebel Contractors clearcut. They also sloped the land toward the flooded homes – without first excavating critical detention ponds needed to prevent flooding.
According to numerous residents, the contractor also filled in existing streams and wetlands while grading the property. Partially as a result, homes that never flooded before suddenly flooded during what Harris County meteorologist Jeff Lindner characterized as a 2-year to 50-year rain event. Plans show that if the detention ponds had been constructed, they should have held a 100-year rain.
Next Steps in Lawsuits
District court record searches indicate that no other law firm has yet filed suit against these defendants for the Elm Grove and NKF flooding. However, they may. At least two other law firms have held meetings with residents.
Meanwhile, the court has scheduled oral arguments for the temporary injunction against Figure Four Partners, LTD; PSWA, Inc.; and Rebel Contractors for July 8 at 2:30 PM in the 11th Judicial District Court. This is for the second batch of plaintiffs.
Previous Problems Surface for Rebel Contractors
A search of Harris County District Court records found a separate lawsuit against Rebel Contractors for a different incident. Harris County and the State of Texas (on behalf of the TCEQ) sued the company for its practice of burning trees while clearing land. The plaintiffs claimed the practice added to air pollution and harmed health. The County and State won an injunction against Rebel Contractors. Rebel agreed to stop its burning.
“Rainxiety” Sets In
A new term is floating around: rainxiety. That’s the anxiety flood victims feel whenever rain is forecast. Dozens of residents have told me that they sweat, their hearts race, and they begin to panic whenever it rains. One even begins humming Creedence Clearwater Revival’s “Who’ll Stop the Rain?” That should become the theme song for Elm Grove and North Kingwood Forest.
“Still the rain kept pourin’,
Fallin’ on my ears.
And I wonder, Still I wonder
Who’ll stop the rain.”
By John Fogarty
All 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.
Posted by Bob Rehak on 5/29/2019 with help from Jeff Miller
638 Days since Hurricane Harvey