January Update on Lake Houston Area Flood Mitigation Projects

High-rise development in the floodplain has pushed Lake Houston Area flood mitigation projects out of the headlines lately. So here’s an update on where things stand from Stephen Costello, the City of Houston’s chief resiliency officer and Mayor Turner’s flood czar.

Extending Dredging to Include Mouth Bar

It’s becoming increasing unlikely that we’ll be able to piggyback on the current dredging project. The City and Federal Government are still arguing about how much of the mouth bar existed before Harvey.

The mouth bar almost totally blocks the West Fork where it meets Lake Houston. FEMA and the City of Houston have argued for almost a year over how much existed before Harvey.

Regular readers may remember that FEMA and the Corps stonewalled action on the mouth bar because of the Stafford Act. The Stafford act is the enabling legislation for FEMA. It bars using disaster relief funds to address pre-disaster issues such as deferred maintenance.

The two sides argued for almost a year about how much of the bar existed before Harvey and how much resulted from Harvey. They have finally agreed on a procedure to answer that question. It’s called the Stockton Protocol and was developed at Stockton University in New Jersey to answer similar questions after Superstorm Sandy.

The protocol involves analysis of core samples from the mouth bar. According to Costello, the City hired a geomorphologist to harvest the core samples last week. It should take two to three weeks to analyze the layers in them.

Mouth Bar Disposal Issues Drag Out, Too

Another issue regarding the mouth bar has to do with disposal of the dredged materials. The City and the Corps have tried to agree on and permit a site since October 11 of last year. Three issues come into play when evaluating such sites: volume, cost and environmental considerations.

Next phases of dredging (proposed)

The site must be large enough to accommodate the volume of dredged materials.

The site must also be close to help hold down costs. The farther the site, the higher the costs. The amount of booster pumps, diesel fuel, pipeline, and manpower needed all increase with distance.

Re: environmental considerations, the Corps would prefer a below-ground site such as an old sand pit. That reduces the chance that sand and silt will end up back in the river during the next flood. It also eliminates the issue of possibly reducing the volume of the floodplain. On the other hand, above ground sites are easier to find and one exists that is much closer than any abandoned mine.

At the moment, managers are trying to find the optimal solution given all three variables.

Of course, the volume issue will depend on how much FEMA agrees to remove – after analysis of core samples and after the federal government resumes business.

Rapidly Shrinking Window to Save $18 Million

Before this process started dragging out, taxpayers had a chance to save $18 million. That represents the cost of mobilization and demobilization of the current dredging program on the West Fork. Piggybacking the mouth bar project on top of the current project would eliminate that cost for Phase II because the people and equipment would already be on site and could just continue working.

The current project should end in late April or early May. Costello says the City is already starting to look at contingency plans in case the shutdown drags on or permitting the disposal site becomes problematic.

Contingency Plans Considered

DRC, the company engaged to clean up debris in the lake, also does dredging. DRC has already bid the job and agreed to work for the same price as the current dredgers.

The leading permittee for the disposal site has agreed to store the dredges on his property if necessary until Phase II kicks off.

Current Barriers to Reaching An Agreement

But in the meantime, huge questions remain about volume and cost. With core samplings not yet analyzed, it’s hard to determine how much material will have to be removed from the river. So it’s also hard to determine whether the available money will stretch far enough to remove everything FEMA approves. At this point, the City has committed $15 million and the State $50 million. FEMA remains the big question mark.

Next steps:

  • Analyze core samples and agree on volume to be removed
  • Agree on disposal site and permit it
  • Determine available funds
  • Develop a dredging plan optimized for all variables above
  • Execute the plan

Status of New Gates for Lake Houston Dam

New gates for the Lake Houston dam also remain in limbo. Costello met with FEMA in December and again in early January. FEMA questions the benefit/cost analysis presented by the City. The City originally estimated a 2.8 b/c ratio for the project. That put it high on everyone’s priority lists. However, that may come down. Costello still believes the ratio will come in above 1.0, the cutoff (because benefits still exceed costs). A consultant is currently reconfiguring the estimate.

Lake Houston Dam is primarily a spillway. Small floodgates can lower lake if given enough time. But that requires starting before weather predictions acquire a high degree of certainty, thus raising the risk of wasting water if the forecast changes.

Concern about Potential for Downstream Impact

FEMA also wants assurances that new gates will not negatively impact downstream residents. The City remains confident that downstream residents will not experience impacts. The purpose of the gates is to be able to pre-release water at a controlled rate before storms hit to minimize the volume going over the spillway. Also, the county is reportedly offering buyouts to vulnerable homeowners below the dam.

If the City cannot convince FEMA that the threat to downstream residents will not increase, the City will have to look for an alternative source of funding, such as adding a penny to water bills.

Next Steps on Additional Gates

Assuming Costello can convince FEMA that there will be no negative impact downstream, the next steps would be:

  • Final design
  • Permitting
  • Construction

Each phase could take six months to two years, depending on unforeseen obstacles, such as political headwinds and completion of the long-awaited San Jacinto River Basin Watershed Survey.

San Jacinto Watershed Survey Status

In March of last year, the SJRA proposed a new survey of the entire San Jacinto Watershed. Projects such as maintenance dredging, additional gates, and additional upstream detention, all depend on the outcome of this study.

To properly design gates, for instance, engineers need to know the volume of water they need to shed in a given period of time.

To properly design maintenance dredging, they also need to know how fast the river is and lake are silting up.

The estimated cost of this study was about $2 million. Consultants have been ready and waiting since last April for the green light. Unfortunately, FEMA went back and forth with the SJRA and its partners on this project for eight months. According to Costello, FEMA was ready to write the check in December when the Federal Government shut down.

Next Steps:

  • Deposit FEMA check
  • Execute study
  • Final report

Expect this one to take 18 months from the start date.

Need to Mitigate Mitigation Funding

The saga of this study epitomizes the need to improve disaster mitigation procedures. Flooding along the Gulf Coast is foreseeable. If we budgeted for it, we wouldn’t have to depend on Washington and could save years on these projects. Two million dollars is not a great amount of money when spread out among the two million people who would benefit.

It Took 6 Months to Win the War for Texas Independence

It’s taking twice that long for FEMA to cut a check.

Think we have lost our edge? We need to get proactive and self-reliant about these things if we want the region to grow. It’s already been a year and a half since Harvey. It will take another year and a half to complete the study. Three years before the serious work of actual mitigation begins! We can do better. We must demand that our leaders reform the way the mitigation business works.

As always, these represent 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.

Posted by Bob Rehak on January 21, 2019

511 Days since Hurricane Harvey

High-Rise Protest Letter from Former EPA Scientist Suggests Unique Approach

Letters to the Army Corps and TCEQ keep pouring in. Without exception, they protest the permitting of the proposed high-rise development near River Grove in the flood plain and floodway of the West Fork.

If researching ideas for your own letters, consult the high-rises page of this web site, specifically the right hand column. It explains the controversy and how you can protest the permitting if you wish.

I have posted many of the letters, both from groups and individuals, to help give people ideas for how this process works. Today, I received a letter from an environmental scientist who spent almost three decades with the EPA. His name is Ken Teague and his letter impressed me – for the points it made. the succinct way he made them and a unique twist.

Mr. Teague suggested trying to get the EPA to elevate consideration of the permit by asking to have the West Fork considered as an Aquatic Resource of National Importance. He gave me permission to reprint his letter. See it below.

Text of Letter from Former EPA Employee

To: swg_public_ notice@usace.army.mil; 401certs@tceq.texas.gov; Kaspar.Paul@epa.gov; Martinez.maria@epa.gov; david_hoth@fws.gov; Rusty.Swafford@noaa.gov

Subject: SWG-2016-00384

Dear Sir/Ms: I have reviewed the subject PN and have the following comments:

  • I suggest that the wetlands proposed to be destroyed by this project may be Aquatic Resources of National Importance, and if so, I recommend the U.S. EPA elevate review of this permit application under EPA/USACE procedures.
  • The applicant has not met the Clean Water Act Section 404(b)(1) Guidelines.  The information provided with the PN does not support that the applicant has conducted an appropriate alternatives analysis, or demonstrated efforts to avoid and minimize impacts to aquatic habitats.  I strongly recommend USACE require the applicant to demonstrate they have met the requirements of the Guidelines.
  • Most of the components of the proposed project are not water dependent.  The one component that is water dependent, the marina, has not been demonstrated to be needed. The USACE must review the proposed project for its water dependency.  Non water-dependent projects should not  be permitted if they impact aquatic habitats. Water dependent projects should only be permitted if they are demonstrated to be needed.
  • The applicant stated an existing 17.59-acre conservation easement exists within the commercial and residential district which is associated with a compensatory mitigation area for Department of the Army Permit SWG-99-26-012 verified on 25 May 1999. This permit was conditioned to place 21.90 acres (12.19 acres of wetlands and 8.99 acres of upland buffer) into a conservation easement. It is not clear what this means, but if it means the applicant is proposing to destroy aquatic habitats that were previously preserved as compensatory mitigation as compensation for previous destruction of aquatic habitats, such impacts to such mitigation absolutely must not be permitted.
  • The site is subject to flooding (see attached image).  I assert that it is not in the public interest for the USACE to permit development in flood prone areas, so USACE should not permit the proposed actions. The applicant proposes to greatly elevate the areas it proposes to develop using soil from an undisclosed location.  This elevation will change hydrology in surrounding areas, guaranteeing that nearby low elevation properties will flood much more frequently, for a longer duration, and greater depth, than is currently the case.  This will almost certainly negatively impact nearby infrastructure and habitats.  Permitting such changes would clearly not be in the public interest.
  • The applicant has not proposed mitigation, other than to say that they will either conduct permittee responsible mitigation or purchase credits from a mitigation bank.  The USACE must provide the public the opportunity to review and comment on proposed mitigation. This does not meet the requirement.
  • Do not permit the proposed activity.

Sincerely,

(Signed) Kenneth G. Teague, PWS, Certified Senior Ecologist

Aquatic Resource of National Importance?

I’m not sure if the specific 47 acres of wetlands are an Aquatic Resource of National Importance. But I have no doubt that the West Fork of the San Jacinto is. And these wetlands help protect that resource, by holding and filtering water before it reaches Lake Houston.

Why is it so important? Five reasons come to mind:

  1. This reach of the West Fork connects two lakes that provide water for two million people.
  2. It provides industrial process water for a large portion of America’s refining and petrochemical plants.
  3. Bald eagles, a threatened and protected species, live up and down the West Fork. Hundreds of other species of birds use the river and the forests that surround it as a migration corridor.
  4. The shores of the river contain many bottomland hardwoods, bogs, marshes and wetlands that are all integral parts of a unique connected environment.
  5. It’s a rare and beautiful natural resource that’s easily accessible to millions of people.

Long Shot, But Worth a Try

Lake Houston communities have proved for decades that low-impact development like we now have can co-exist with this unique environment without disturbing the wildlife that make it so special. But I doubt it could survive the kind of high-rise, high-density development that Romerica Investments has in mind.

As always, these are my opinions on matters of public policy. They are protected by the first Amendment of the U.S. Constitution and the Anti-SLAPP statutes of the great state of Texas.

Posted by Bob Rehak on January 21, 2019

510 Days after Hurricane Harvey

How and Where to Seek Disaster Recovery Help from Hurricane Harvey

The State of Texas has received multiple appropriations from Congress and the U.S. Department of Housing and Urban Development (HUD) for long-term disaster recovery from Hurricane Harvey. But figuring out where and how to apply for help can be tricky. It depends on where you live.

The General Land Office (GLO) runs the Homeowner Assistance Program throughout the state with the exception of the City of Houston and Harris County. Both have their own programs. If you live outside the City or Harris County, review the types of assistance available immediately below. Links to City and County programs are further below.

Warning: some of these programs are still in development. HUD approved the City and County programs only last December. Another warning: the State is still administering programs, such as Economic Revitalization, that the City and County may not have implemented yet. Things change daily, so consider the information below a starting point.

Townhomes in Forest Cove on Marina Drive destroyed by Hurricane Harvey

For Those Outside Houston or Harris County…

  • Homeowner Assistance Program: Provides funding for rehabilitation and reconstruction of owner-occupied single-family homes damaged by Hurricane Harvey.
  • Local Buyout and Acquisition Program: Local governments may buyout or acquire eligible homes at a pre-storm or post-storm fair market value to move homeowners out of harm’s way outside of a floodplain to a lower-risk area.
  • Homeowner Reimbursement Program: Allows homeowners to be reimbursed for certain out-of-pocket expenses incurred for repairs to their home including reconstruction, rehabilitation or mitigation up to $50,000.
  • Affordable Rental Program: Provides funding for rehabilitation, reconstruction and new construction of affordable multi-family housing units in areas impacted by Hurricane Harvey.
  • Economic Revitalization Program: Allows for interim assistance to small businesses (up to $250,000) impacted by Hurricane Harvey through deferred forgivable loans in exchange for job creation or retention for low-to-moderate income employees. Small business within Harris County and the city of Houston will be eligible to apply for this program.

For Those Inside City of Houston…

If you live inside the City of Houston, you may qualify under one of these programs.

Homeowner Assistance Program (HoAP)


HoAP is the primary program to help homeowners whose homes were damaged during Hurricane Harvey. There are five options within HoAP to assist homeowners at different stages of recovery and with specific recovery needs. The first step in getting help is to take the Harvey Recovery Survey to assess if there are programs you may qualify or and to help identify what documents you will need before you make a formal application.

 Get started with homeowner recovery

Harvey Homebuyer Assistance Program


The Harvey Homebuyer Assistance Program (HBAP) provides up to $30,000 through a forgivable, interest-free loan for down-payment and/or close-cost assistance to qualified homebuyers. The program serves Houstonians earning up to 120% of Area Median Income (AMI). The City places a sale-restricted lien on the home for five years to ensure that the program is meetings its affordability objectives.

Harvey Single-Family Development Program


The Harvey Single-Family Development (HSFD) Program builds new single-family homes for low- and moderate-income Houstonians. These homes typically sell for under $200,000 to eligible buyers. The City places a sale-restricted lien on properties for sale to income-qualified buyers to ensure that the home remains affordable for a specified period.

 Get started with recovery for homebuyers

Harvey Multifamily Program


As a majority-renter city, Houston needs more quality, affordable rental housing after Hurricane Harvey. As demand for housing continues to rise, workers may not be able to afford homes in areas that are safe from flooding and close to jobs and transit. Ensuring Houston’s continued economic growth depends on having transit-connected, resilient, and affordable housing options for people at all income levels. The Multifamily Program provides funding to repair existing and develop new multifamily homes across Houston. Developers will be able to apply for funding through a subrecipient selection process.

Harvey Recovery Small Rental Program


Many Houstonians live in single-family rental properties, or rental properties with fewer than eight units. These small rental properties are important for affordable housing, and many were damaged during Hurricane Harvey. The Harvey Recovery Small Rental Program assists landlords to make repairs and improve the quality of these properties.

 Get started with recovery for landlords

Harvey Public Services Program


Service provider agencies help HCDD implement important programs, including support for people experiencing homelessness, those living with HIV/AIDS, and mental health services. Agencies can apply for funding through this program through a subrecipient selection process.

Buyout Program


This program is intended to assist residents to move out of areas that have been impacted by multiple disasters or are at high risk of flooding from future disasters. The program is currently under development. City of Houston residents interested in a buyout option should visit the Harris County Control District’s Voluntary Home Buyout Program website.

City of Houston Contact Info

City of Houston Housing and Community Development Department

For Those in Harris County, but Outside Houston…

If you life outside Houston, but inside Harris County, start here.

Harris County Contact Info

In Summary

These represent starting points. If you were damaged during Harvey and need help recovering, explore these links. They may help. Each has a screening survey to make sure you qualify. Start there. Good luck.

Posted on January 20, 2019 by Bob Rehak

509 Days After Hurricane Harvey