Army Corps Moving Forward with Partial Mouth Bar Dredging to Reduce Flood Risk

The Army Corps announced Monday that it will begin dredging approximately 500,000 cubic yards of the giant sand bar at the mouth of the San Jacinto West Fork. It has been linked to flooding in the Humble-Kingwood-Atascocita area. However, previous estimates put the total volume at close to 2 million cubic yards, with the volume due to Harvey at 1.4 million cubic yards.


Text of Press Release

GALVESTON, Texas (June 10, 2019) – The U.S. Army Corps of Engineers Galveston District staff executed a modification to the West Fork San Jacinto River Emergency Debris Removal contract June 7, 2019, to dredge an additional 497,400 cubic yards of material that was deposited in the mouth of the San Jacinto River from Hurricane Harvey.

“This contract modification will ensure a decrease in threats to critical infrastructure and lower the risk to potential loss of life,” said Charles Wheeler, USACE Galveston District project manager. “This is an ongoing contract that is part of a Federal Emergency Management Agency mission assignment.”

According to USACE Galveston District officials, the dredged material will be placed at the existing location referred to as Placement Area 2, which is located approximately 10 miles upriver. The additional dredging is scheduled to be completed by the end of 2019, with the demobilization of the equipment completed by early 2020.


No Mention of Other Partners

The press release does not mention the City of Houston, Harris County, the State of Texas, or Congressman Dan Crenshaw’s office. Most had been negotiating with FEMA and the Corps as late as last Friday.

On two previous occasions, the City announced agreements in principle with FEMA and the Corps. However, the two sides still had many details to work out relating to volume, storage, permitting and cost. The City and FEMA have tried to reach agreement on the volume of sediment deposited by Harvey since last October – eight months.

In February, the City, hired Tetra Tech to collect and analyze core samples from the mouth bar. In late April, Tetra Tech estimated, through a protocol recommended by FEMA, that Harvey deposited 1.4 million cubic yards of sediment at the mouth of the river.

Two Sides Far Apart in Negotiating Volume

The Corps’ announcement reveals just how far apart the two sides were in their volume estimates – about 900,000 cubic yards. That difference means much of the mouth bar area will remain undredged – at least for now.

With approval to remove only about 500,000 cubic yards, the dredgers will have to cut a channel around the mouth bar, most likely on the deeper Atascocita side. Ironically, that would mean leaving behind sand deposited above water by Harvey – a decision that could confuse the public.

Great Lakes Dredge Moving into Position

Great Lakes finished dredging its half of Phase One on April 12, exactly two months ago. The company has waited patiently ever since for the decision that finally came last Friday.

Today, the Great Lakes dredge has anchored near Kings Harbor. Judging by the weeds and logs in the pictures below, it appears that they will have to dredge their way TO the mouth bar. That could use up some of the precious approved volume. It could also take several weeks to position and calibrate all the equipment necessary to pump sediment 10 miles upriver.

Great Lakes Dredge has moved downriver east of West Lake Houston Parkway. It is anchored in front of Raffa’s in Kings Harbor.
Wider shot taken from the pier in Kings Harbor facing west toward the Great Lakes Dredge and the West Lake Houston Parkway bridge.
Callan dredge operating on the other side of the pier. Dredgers are responsible only for work in the channel, not tidying up the shoreline. While taking this shot this morning, I noticed that workers were finally starting to renovate Sharkey’s, one of the most popular restaurants in Kings Harbor before Harvey.

What Comes Next?

Pumping sediment from the mouth bar to PA-2 will require the horsepower of the larger Great Lakes dredge. It will also require several extra booster pumps and miles of additional 24 inch pipeline. The Great Lakes dredge has now moved downstream and is anchored east of the West Lake Houston Parkway bridge near Kings Harbor.

Last week, dredge pipe re-appeared under the 59 bridge after being gone for two months. That fueled rumors that the two sides had finally worked out some kind of deal. At this hour, the mystery is where does the Corps’ decision leave all the other parties in this process? More important, where does it leave the remainder of the mouth bar?

Other Money Available

The state approved an additional $30 million for dredging the mouth bar last week. The county also allocated $10 million in the flood bond approved by voters last year (see item CI-61). That $40 million along with another $18 million committed by the City of Houston would add up to $58 million. In addition to the unspecified sum FEMA is fronting now, that might be enough to remove the entire mouth bar. That could happen one of two ways:

  • The City, Corps, FEMA and TDEM would have to increase the approved volume after the next phase starts or…
  • The City, County and TDEM would have to remove the rest without FEMA and the Corps.

However, money is just part of the problem. The second option might require permitting another placement area. Permitting could delay the project. But permitting a closer placement area might also save money. It gets complicated.

PA 1 is filling up rapidly as the pictures below show. And PA-2 is so far upriver from the mouth bar that would cost extra millions of dollars to use.

Tail end of the Callan dredge pipe empties sediment into an old sand pit off Townsend in Humble.
Several months ago, this was all water. The owner of the pit is now selling sand to an asphalt company and the pit is still filling rapidly.

Easy Way to Save Money

Shortening the distance between the mouth bar and the placement area could reduce the amount of diesel and manpower needed to run the booster bumps. Each booster uses more than one thousand gallons of diesel per day. So costs add up rapidly. That’s why the Corps is still considering other placement areas.

Berry Madden owns several thousand acres south of River Grove Park between the river and FM1960. According to Madden, using his property could save the government $5.5 million in pumping costs. And that’s just on the first 500,000 cubic yards. If 2 million cubic yards is an accurate estimate for the total mouth bar, using Madden’s property could save $22 million. That’s even more than the remobilization costs we were trying to save.

I hope we don’t stretch this out too much longer or make it any more difficult. My truck needs some repairs and I’m afraid, as a taxpayer, that I may not be able to afford them!

Posted by Bob Rehak on 6/12/19

652 Days after Hurricane Harvey

Zura Drone Videos Reveal Romerica Had Flooding Problems on May 7 Also

Yet more drone footage by local resident and videographer Jim Zura of Zura Productions revealed that Elm Grove and North Kingwood Forest weren’t the only areas with flooding problems on May 7, 2019. The low-lying Romerica land is in the floodway and floodplain of the San Jacinto West Fork. A large part of the property is also classified as wetlands.

Flood Follies

May continued the developers’ long standing tradition of flooding follies.

Both the TCEQ and US Fish & Wildlife Service complained about the flooding and wetlands when protesting Romerica’s permit application to build high rises in an old riverbed of the West Fork. Between February of 2018 and January of this year, the Romerica property flooded six times – once every other month. In April, Romerica requested an extension of the time allowed to respond to 727 protest letters. The Army Corps withdrew their application instead, but without prejudice. That means the developer may reapply at a future date.

Zura Videos Show Scope of Flooding Day After May 7

Zura filmed three short drone videos linked below. The first two from River Grove Park show the extent of Romerica’s flooding problems on May 7. The third shows street flooding on May 3 on much higher ground.

The first shows how deep the water was in River Grove’s popular boardwalk area. It also shows wetlands adjacent to Woodland Hills, near where Romerica wants to build a commercial and retail mall.

The second shows how much of the developer’s property was flooded after a four inch rain the night before.

The third video shows trucks trying to navigate down a residential street on much higher ground.

Romerica Reportedly Reapplying for Permit

Romerica has reportedly decided to reapply for a permit from the Army Corps. As they develop the required surveys and studies coming out of Round One, they have taken down many of the websites that previously caused them so many problems. For instance, they removed the site offering EB-5 visas to foreign investors through their American Vision program. However, I have screen captures of all the suspect websites.

Zura’s video underscores the folly of developing this property into anything other than a park. I hope Mr. Haddad and Mr. Covarrubias watch these videos closely.

The Producers Sequel called The Developers?

This is starting to feel like a remake of a Mel Brooks 1960s movie called The Producers. In the movie, a Broadway producer discovers that he can make a lot more money with a flop than a hit by overselling shares in the production, because no one will audit the books of a play presumed to have lost money. If I were developing the sequel, I would call it The Developers and base it on two foreign investors trying to recreate a suburban Atlantis for which they can also sell flood insurance backed by (you guessed it) the U.S. Government.

Posted by Bob Rehak on 6/11/2019

651 Days since Hurricane Harvey

How Some Flood Victims Saved Substantial Tax Dollars

This is a letter to the editor from retired Kingwood resident Bill Fowler. Fowler managed real estate property taxes for one of the world’s largest oil companies for much of his career. His home flooded during Harvey.

An in-depth analysis of 2018 property tax assessments in one flooded neighborhood shows that flooded homeowners who did not protest their appraisals last year were appraised on average higher per square foot than those who did successfully protest. That means if you flooded and did not protest, you could have paid thousands of dollars more in taxes than you should—and may have been assessed inequitably.

Kingwood Greens Evacuation During Harvey by Jay Muscat
Kingwood Greens During Harvey. Photo courtesy of Jay Muscat.

Property Tax Reappraisal Season Starting Now

As Kingwood prepares for its most dreaded annual event, Hurricane Season, let’s not forget another discomforting annual occurrence, Property Tax Reappraisal Season.

Yes, this is your chance to accept the Harris County Appraisal District’s (HCAD) market value of your home or file a protest to seek a lower value.

This article should make it apparent that relying on HCAD to properly value your home can sometimes prove costly. This discussion relates specifically to flooded homes, but non-flooded homeowners should also review their assessments for opportunities to reduce HCAD’s opinion of market value.

Questions to Ensure Fair Appraisal

A majority of homeowners who flooded during Hurricane Harvey have not yet received their 2019 property tax appraisal notices from HCAD. However, some have. When you receive your 2019 assessment notice, keep these questions in mind:  

  • How much did the market value of your home change between January 1, 2018 and January 1, 2019?
  • If you made progress towards, or completed, restoration of your home between January 1, 2018 and January 1, 2019, how much did you increase your home’s market value? 
  • If your repairs are completed, is this year’s proposed value realistic compared to your 2017 pre-flood value?
  • Does HCAD have sufficient comparable post-flood sales data to support its opinion of the appraised value of your home?
  • Is your assessment equitable relative to your neighbors’?

Early Trends in Heavily Flooded Neighborhoods

A review of HCAD’s 2019 online records has revealed early trends in three heavily flooded neighborhoods. Results reported here likely include a mix of both fully and partially repaired homes. Numbers in parenthesis reflect approximate percentage of homes in the neighborhood with published 2019 assessments; HCAD lists all remaining home values as “Pending.” 

  • Kingwood Greens (25%):  Average values are up 40% from 2018. 2019 values are only 5% lower than pre-Harvey 2017 values.  
  • The Barrington (55%):  Average values are up 18% from 2018. 2019 values are only 9% lower than pre-Harvey 2017 values.
  • The Enclave (20%):  Average values are up 21% from 2018. 2019 values are only 7% lower than pre-Harvey 2017 values.

Success of Protests

To illustrate the effect of successfully protesting your assessment, I analyzed the final 2018 property tax year assessments of all Kingwood Greens homes using HCAD’s public information.

On average, Kingwood Greens homeowners who protested their assessments saw significantly greater declines in their 2018 final assessments and  were assessed less per square foot compared to homeowners who chose not to protest.

About half of Kingwood Greens residents chose to accept HCAD’s initial 2018 assessments.  The average reduction in their appraised value was 25% below 2017 and average assessment per square foot was $108.

The other half (despite their assessments being down initially 21% from 2017) protested their assessments. 98% of those who completed the protest process reduced HCAD’s initial proposed assessments. Reductions ranged from as low as $4,000 to more than $500,000.  

At the end of the day, successfully protested homes were appraised 36% lower on average than in 2017 @ $96 per square foot — a far greater average reduction and lower value per square foot than the 25% and $108 per square foot realized on non-protested properties. 

Your Fair Share

To ensure you pay only your fair share of taxes this year, it seems prudent to consider filing a protest when you receive your notice. You have 30 days from the date of the notice to file the protest which can be done either electronically on the HCAD.org website or by mail. Your assessment notice will include instructions on how to protest.

Once HCAD receives your protest, you will receive an informal hearing date. You can also access electronically the sales and other evidence HCAD used to determine your assessment.

You may represent yourself in the protest process or hire a consultant to represent you. Should you hire a consultant, the consultant’s fees can reduce any savings you realize by up to 50%.

Additional Clarifications and Thoughts

  • By law, property must be appraised at Market Value as of January 1 each year, and then taxed at the Appraised Value (less exemptions). Your 2019 assessment is based on market value as of January 1, 2019.
  • Notice that your 2019 assessment notice references two values: Market Value and Appraised Value.
  • Market Value is the price at which a property would transfer for cash or its equivalent under prevailing market conditions. Keep in mind this is the value you will be challenging if you protest, not Appraised Value.
  • The appraisal district compares your property to similar properties that recently sold. Then they adjust for differences to arrive at an opinion of market value. Bottom line: Sales of homes comparable to yours are the basis of assessments.
  • When protesting, make sure HCAD has based its opinion of your home’s market value on properties that are truly comparable.  Valid comparable sales need to be located in the same general neighborhood. Valid adjustments recognize differences such as size, age, condition, quality of construction and additional features (pool vs. no-pool, for example).  
  • Especially important: Flooded home market values should not be based on sales of non-flooded homes (or vice versa).  
  • If your home was still under repair as of January 1, 2019, make sure HCAD recognizes the proper stage of completion of your repairs as of that date. Ensure you are not valued as completely restored or at too great a percentage of completion.
  • Your tax liability depends on your Appraised Value (less any exemptions you qualify for). Its capped at an increase of 10% above the prior year’s Appraised Value (provided you have not improved the property—i.e. increased the size of the property, added a pool, etc. in the past year).
  • Important to note:  If your flooded home was not completely restored by January 1, 2018, for tax year 2019, that cap is 21% above your 2017 assessment, not 2018 assessment.   
  • If you completed flood repairs by January 1, 2018, the 10% cap over last year’s appraised value applies.

Remember: Equity Also Matters

One last issue to bear in mind:  Don’t forget equity! Just as all properties are legally mandated to be valued at market value, the law also requires each appraisal to be equitable in relation to the median level of appraisal of comparable properties (after the adjustments mentioned above). This requires comparing your assessment to those of comparable homes in your neighborhood to ensure you are equitably assessed and paying only your fair share.  An inequitable appraisal is also grounds for protest.

May 7 Flood Victims Must Wait Until Next Year

Any flooding that occurred to homes in early May was past the January 1 assessment date. By law, the 2019 values must be based on market value of properties as of that date and taxing jurisdictions cannot request disaster reappraisals without a disaster declaration. Therefore, the 2019 assessments of people who flooded on May 7 will not reflect losses in market value due to flood damage, but may impact their 2020 assessments.

By Bill Fowler, 6/10/2019

650 Days since Hurricane Harvey