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.
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.
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.
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.
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.
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.
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
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
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/11/SJR_511_030-e1790811229713.jpg?fit=1100%2C733&ssl=17331100adminadmin2019-01-20 09:33:502019-01-20 09:47:59How and Where to Seek Disaster Recovery Help from Hurricane Harvey
Thursday night, the Kingwood Service Association (KSA) added its voice to the growing chorus concerned about a proposed high-rise development in the floodplain near River Grove Park. KSA is the largest private group in the Kingwood area. It represents more than 30 community associations, which comprise more than 70,000 residents. It also manages the five private parks in the Kingwood area including two adjacent to the proposed development along Woodland Hills Drive.
The letter addresses concerns that BOTH the TCEQ and Army Corps will consider during the permit evaluation process. TCEQ rules on water quality issues (Clean Water Act Section 401) for the Corps. The Corps rules on Section 404 concerns.
The applicant, Romerica Investments, LLC must respond to every concern submitted by residents. So email them now or forever hold your peace.
Here is the text of KSA’s letter, which is also linked on the High Rise Page in the right hand column. I inserted the pictures and captions into KSA’s letter; they are not part of the original. I put them there to help illustrate the concerns for people who may not be familiar with all of the issues surrounding this controversial development.
Text of KSA Letter
Evaluation Branch, North Unit Regulatory Division, CESWG-RD-E Galveston District U.S. Army Corps of Engineers P.O. Box 1229 Galveston, Texas 77553-1229
Enclosed are the comments of the Kingwood Service Association, regarding the U.S.Army Corps of Engineers (Corps) Galveston District, Section 10/404 proposed Permit Application No. SWG-2016-00384, Romerica Investments, LLC, located in waters of the United States (U.S.) and wetlands adjacent to the West Fork of the San Jacinto River, Kingwood, Harris County, Texas.
The Kingwood Service Association (KSA) is a Kingwood-wide homeowners association representing thirty-two (32) residential and commercial associations in the Kingwood area. The following comments are being made on behalf of Kingwood residents concerned about the impact of the proposed development on the Kingwood community.
KSA owns and operates two parks adjacent to the proposed permit area, River Grove Park and Deer Ridge Park. During Hurricane Harvey, both of these parks flooded with 10 to 20 feet of water. River Grove Park is located on the West Fork of the San Jacinto River between the river and the proposed commercial and residential areas. This park was covered by 20 feet of water. As the flood waters receded, it left 6 feet of sand covering half of the park area. River Grove Park has flooded at least 6 times in the past 12 months. This experience raises serious concerns about the environmental impact of a development that calls for adding fill material to approximately 330 acres located north and east of River Grove Park, and which would raise the grade level of the area 12 feet from 45 feet to 57 feet.
We are very concerned about the overall impact of this development on the community because it would be built where Hurricane Harvey created some of the worst flooding in 100-year or greater floodplains/floodways; will fill and displace about 200 acres of 100-year floodplain/floodway, which will raise water levels and increase the possibility of flooding for others; will fill in wetlands that are crucial for soaking up water and reduced flows, velocities, and increased sedimentation of the West Fork of the San Jacinto River in its 100-year floodplain/floodway; is subject to further flooding in the future; and destroys more of the natural beauty, water quality, and wildlife habitat of the West Fork of the San Jacinto River.
In the review of this permit application, we ask the Corps to consider all relevant public interest review factors in 33 CFR 320-332 including conservation, economics, aesthetics, air quality, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, and the needs and general welfare of the people.
We think that, at a minimum, the following areas should be addressed by USACE and TCEQ during the permitting process.
1. This proposal will fill 42.35 acres of wetlands with 68,323 cubic yards of fill material on 331.45 acres and fill 771 linear feet of streams with 285 cubic yards of fill material. There are significant concerns about the environmental impact of the elimination of 42.35 acres of wetlands. These concerns fall into the following areas:
a. Elimination of a natural area inhabited by eagles, deer, and other animals native to the area without sufficient mitigation in the same watershed.
Nesting bald eagles, a protected species, on West Fork of San Jacinto. Photo courtesy of Emily Murphy. The Houston Police Deportment Lake Patrol has reportedly sighted seven other eagle’s nests in the area, according to Murphy who frequently kayaks the river.
b. Decrease in the quality of the water supply for the City of Houston, which is downstream of the development, as a result of the increase in erosion and increase in deposition of sediment caused by the elimination of wetlands and the increase in infrastructure.
One of the drainage ditches that the proposed high-rise development would use is so over-burdened, that incision already is threatening existing development. Any addition to flow would destroy properties.
c. Decrease in the quality of the water supply for the City of Houston caused by the contamination of water run-off by the addition of parking spaces for 8,000 plus vehicles that could increase contaminants, such as motor oil, being washed into the San Jacinto River.
d. Increase of erosion and acceleration of deposition of sediment due to an increase in the speed of water run-off caused by the additional infrastructure, elimination of wetlands, and increase in grade level of the area.
High-rises for the proposed development would fill in wetlands where eagles fish and nest. The high-rises would also be built in an old meander of the San Jacinto West Fork, which contains unstable soil that is prone to flooding.
e. Determine the impact of filling in 42.35 acres of wetlands on eagles nesting in that area. Eagle nests have been spotted in the vicinity by Kingwood residents.
Eagles nest on the 16th hole of Kingwood Country Club’s Island Course, immediately adjacent to the proposed high-rise development.
2. Impact on the ability for residents to use the recreational facilities as a result of the increase in flooding caused by the increase of grade level from 45 feet to 57 feet that would inhibit the flow of water during significant rain events and cause the acceleration of water run-off potentially increasing erosion and accelerating the deposition of sediment in the San Jacinto River.
3. Economic impact on the villages immediately surrounding the development area as a result of the potential increase in flooding caused by the development. This could cause a significant decrease in the value of the homes located in these villages.
4. Economic impact on the community that would be caused by adding 8,000 plus vehicles to the traffic patterns of the community without a plan to mitigate this impact. The increase of this much traffic in a single area would have a negative impact on the attractiveness of purchasing a home in Kingwood, which has a reputation for being the “Liveable Forest”.
5. Completion of an environmental impact study before further consideration of this permit application. This study should include a full hydrological study of the project’s impact, an environmental impact to the large wetlands habitat without mitigation in the same watershed, and socioeconomic impact of such a huge development on an existing master planned community.
6. Impact on boat navigation on the West Fork of the San Jacinto River caused by the potential addition of 640 boats. Navigation on the West Fork has been impaired for decades and getting worse due to the acceleration of sediment deposition caused, in part, by sand mines upstream of the project area. This development has the potential to add to that sediment deposition.
This sand bar is currently not being addressed by the Emergency West Fork Dredging Project. It backs water up throughout the Humble/Kingwood area where thousands of homes and businesses flooded during Harvey. Erosion caused by the new development would add more sediment, make the marina useless, and destroy FEMA’s investment in dredging to date.
7. Require the applicant to provide documentation about how it will provide for operation and maintenance dredging of the site so that Section 10 navigation will continue over the lifetime of the development and after floods.
We are requesting that the Corps schedule a public hearing on this application to allow residents to gather additional information on the proposed development and provide further comments. In addition, considering the potential significant negative impact of this development on the community, we request that the Corps and TCEQ seriously consider denying this permit application.
We appreciate this opportunity to provide public comment on this proposed permit application.
Sincerely, Dee M. Price, President Kingwood Service Association
Feel free to echo these concerns or add to them in your letters to the Army Corps and TCEQ.
Posted by Bob Rehak on 1/19/19
509 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/2EaglesInNest.jpg?fit=1200%2C960&ssl=19601200adminadmin2019-01-18 22:53:212019-01-19 11:09:38KSA Adds to Growing Chorus of Concerns Over Proposed New High-Rise Development
After Harvey, it became clear that the simplest and most effective way to avoid sedimentation due to sand mining, was to prevent any new sand mining in the floodway. State Representative Dan Huberty introduced three new bills to toughen legislation on sand mines yesterday. But these bills never mention words like river, setback, buffer zone, erosion, sediment, or floodway.
What the Bills Do
HB 907 – Doubles 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.
HB 908 – Provides for penalties up to $50,000 for water code violations by sand miners and every-other-year inspections by the TCEQ.
HB909 – Calls for the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations) that comply with applicable environmental laws and regulations.
Good…As Far as They Go
HB 907
…is actually an amendment to the portion of the water code that HB 571 established in 2011. HB 571 targeted unregistered and, therefore, unregulated sand mining operations. If you search back through historical satellite photos of the West Fork between I-45 and I-69 in Google Earth, you can see several such bandit mining operations. Miners would take a backhoe and a dump truck down to a point bar. Then they would start mining sand right out of the river banks. The scars can still be seen today in many places.
I haven’t seen many instances, though, of these kinds of operations in the satellite images since the passage of HB 571 in 2011. That’s good news. But it makes me wonder whether the emphasis on un-permitted operations is misplaced. Most problems come from permitted mines, not un-permitted. So this makes it appear as though we’re putting teeth into mining regulation without really solving the big problems, such as mining in the floodway, breached dikes that remain open for years, and abandoning mines without any reclamation.
HB 908
…specifies that all mines will be inspected at least once every two years to ensure that they comply with “all applicable environmental laws and regulations.” The problem: nowhere does the law (or the TCEQ) specify what those are. So a canoeist, for instance, who spots something suspicious, like a backhoe intentionally letting sediment-laden water out of a mine, has no way to tell if the activity is legal or illegal.
One can spend days searching the TCEQ website looking for the regulations they are supposed to enforce.
Sand mine dike just five weeks after a breach.
Also, every-other-year inspections give grass 730 days to grow and cover up the evidence of breaches in sand mine dikes.
Imagine telling your kid to clean up his or her room; you’ll be back to inspect it in two years.
HB-909
… is a good first step. It directs the TCEQ to establish a set of best practices for sand mining and to publish them. However, the bill does not stipulate the type of best practices to include. Nor does it stipulate any penalties for non-compliance.
It’s like the State telling Porsche owners that those 20 MPH speed limits in school zones are a “good idea.”
Bill McCabe, a member of the steering committee of the Lake Houston Area Grass Roots Flood Prevention Initiative, had this to say. “If they don’t list the BMP’s in the statute, nor authorize any penalties for violation of these BMP’s, what good does this do us? The TCEQ will merely adopt something similar to your BMP’s (the ones I proposed last year); TACA will agree; and everyone will go their merry way with no changes in sand-mining operations. If we later complain, TACA will assert that these are merely suggestions, and not intended to be law. And even if they are law, there are no penalties.
The Appearance of Meaningful
As these bills work their way through committees and the legislative process, residents will have opportunities to testify about their Harvey experiences, provide comments on the bills, and suggest amendments to strengthen them.
But at this point it looks like an uphill struggle. We’ll be lucky to see any truly meaningful legislation in 2019.
TACA Should Be Delighted
TACA, the Texas Aggregate and Concrete Association, will be delighted by these bills. If these become law in their present form, they will create the appearance of protecting people. That could undermine momentum toward regulation that reduces sedimentation.
As always, these are my opinions on matters of public policy protected by the first Amendment of the United States Constitution and the Anti-SLAPP statute of the great state of Texas.
Posted by Bob Rehak on 1/18/2019
508 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/SJR_434_025-e1547864315353.jpg?fit=1200%2C800&ssl=18001200adminadmin2019-01-18 20:45:092019-01-18 21:13:19Three Baby Steps on Sand Mining Legislation
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.
For Those Outside Houston or Harris County…
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
KSA Adds to Growing Chorus of Concerns Over Proposed New High-Rise Development
Thursday night, the Kingwood Service Association (KSA) added its voice to the growing chorus concerned about a proposed high-rise development in the floodplain near River Grove Park. KSA is the largest private group in the Kingwood area. It represents more than 30 community associations, which comprise more than 70,000 residents. It also manages the five private parks in the Kingwood area including two adjacent to the proposed development along Woodland Hills Drive.
The letter addresses concerns that BOTH the TCEQ and Army Corps will consider during the permit evaluation process. TCEQ rules on water quality issues (Clean Water Act Section 401) for the Corps. The Corps rules on Section 404 concerns.
The applicant, Romerica Investments, LLC must respond to every concern submitted by residents. So email them now or forever hold your peace.
Here is the text of KSA’s letter, which is also linked on the High Rise Page in the right hand column. I inserted the pictures and captions into KSA’s letter; they are not part of the original. I put them there to help illustrate the concerns for people who may not be familiar with all of the issues surrounding this controversial development.
Text of KSA Letter
Evaluation Branch, North Unit
Regulatory Division, CESWG-RD-E
Galveston District
U.S. Army Corps of Engineers
P.O. Box 1229
Galveston, Texas 77553-1229
Texas Commission on Environmental Quality
401 Coordinator
MSC-150
P.O. Box 13087
Austin, Texas 78711-3087
Re: Permit Application No. SWG-2016-00384, Romerica Investments, LLC
Dear Corps and TCEQ,
Enclosed are the comments of the Kingwood Service Association, regarding the U.S.Army Corps of Engineers (Corps) Galveston District, Section 10/404 proposed Permit Application No. SWG-2016-00384, Romerica Investments, LLC, located in waters of the United States (U.S.) and wetlands adjacent to the West Fork of the San Jacinto River, Kingwood, Harris County, Texas.
The Kingwood Service Association (KSA) is a Kingwood-wide homeowners association representing thirty-two (32) residential and commercial associations in the Kingwood area. The following comments are being made on behalf of Kingwood residents concerned about the impact of the proposed development on the Kingwood community.
KSA owns and operates two parks adjacent to the proposed permit area, River Grove Park and Deer Ridge Park. During Hurricane Harvey, both of these parks flooded with 10 to 20 feet of water. River Grove Park is located on the West Fork of the San Jacinto River between the river and the proposed commercial and residential areas. This park was covered by 20 feet of water. As the flood waters receded, it left 6 feet of sand covering half of the park area. River Grove Park has flooded at least 6 times in the past 12 months. This experience raises serious concerns about the environmental impact of a development that calls for adding fill material to approximately 330 acres located north and east of River Grove Park, and which would raise the grade level of the area 12 feet from 45 feet to 57 feet.
We are very concerned about the overall impact of this development on the community because it would be built where Hurricane Harvey created some of the worst flooding in 100-year or greater floodplains/floodways; will fill and displace about 200 acres of 100-year floodplain/floodway, which will raise water levels and increase the possibility of flooding for others; will fill in wetlands that are crucial for soaking up water and reduced flows, velocities, and increased sedimentation of the West Fork of the San Jacinto River in its 100-year floodplain/floodway; is subject to further flooding in the future; and destroys more of the natural beauty, water quality, and wildlife habitat of the West Fork of the San Jacinto River.
In the review of this permit application, we ask the Corps to consider all relevant public interest review factors in 33 CFR 320-332 including conservation, economics, aesthetics, air quality, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, and the needs and general welfare of the people.
We think that, at a minimum, the following areas should be addressed by USACE and TCEQ during the permitting process.
1. This proposal will fill 42.35 acres of wetlands with 68,323 cubic yards of fill material on 331.45 acres and fill 771 linear feet of streams with 285 cubic yards of fill material. There are significant concerns about the environmental impact of the elimination of 42.35 acres of wetlands. These concerns fall into the following areas:
a. Elimination of a natural area inhabited by eagles, deer, and other animals native to the area without sufficient mitigation in the same watershed.
b. Decrease in the quality of the water supply for the City of Houston, which is downstream of the development, as a result of the increase in erosion and increase in deposition of sediment caused by the elimination of wetlands and the increase in infrastructure.
c. Decrease in the quality of the water supply for the City of Houston caused by the contamination of water run-off by the addition of parking spaces for 8,000 plus vehicles that could increase contaminants, such as motor oil, being washed into the San Jacinto River.
d. Increase of erosion and acceleration of deposition of sediment due to an increase in the speed of water run-off caused by the additional infrastructure, elimination of wetlands, and increase in grade level of the area.
e. Determine the impact of filling in 42.35 acres of wetlands on eagles nesting in that area. Eagle nests have been spotted in the vicinity by Kingwood residents.
2. Impact on the ability for residents to use the recreational facilities as a result of the increase in flooding caused by the increase of grade level from 45 feet to 57 feet that would inhibit the flow of water during significant rain events and cause the acceleration of water run-off potentially increasing erosion and accelerating the deposition of sediment in the San Jacinto River.
3. Economic impact on the villages immediately surrounding the development area as a result of the potential increase in flooding caused by the development. This could cause a significant decrease in the value of the homes located in these villages.
4. Economic impact on the community that would be caused by adding 8,000 plus vehicles to the traffic patterns of the community without a plan to mitigate this impact. The increase of this much traffic in a single area would have a negative impact on the attractiveness of purchasing a home in Kingwood, which has a reputation for being the “Liveable Forest”.
5. Completion of an environmental impact study before further consideration of this permit application. This study should include a full hydrological study of the project’s impact, an environmental impact to the large wetlands habitat without mitigation in the same watershed, and socioeconomic impact of such a huge development on an existing master planned community.
6. Impact on boat navigation on the West Fork of the San Jacinto River caused by the potential addition of 640 boats. Navigation on the West Fork has been impaired for decades and getting worse due to the acceleration of sediment deposition caused, in part, by sand mines upstream of the project area. This development has the potential to add to that sediment deposition.
7. Require the applicant to provide documentation about how it will provide for operation and maintenance dredging of the site so that Section 10 navigation will continue over the lifetime of the development and after floods.
We are requesting that the Corps schedule a public hearing on this application to allow residents to gather additional information on the proposed development and provide further comments. In addition, considering the potential significant negative impact of this development on the community, we request that the Corps and TCEQ seriously consider denying this permit application.
We appreciate this opportunity to provide public comment on this proposed permit application.
Sincerely,
Dee M. Price, President
Kingwood Service Association
Feel free to echo these concerns or add to them in your letters to the Army Corps and TCEQ.
Posted by Bob Rehak on 1/19/19
509 Days since Hurricane Harvey
Three Baby Steps on Sand Mining Legislation
After Harvey, it became clear that the simplest and most effective way to avoid sedimentation due to sand mining, was to prevent any new sand mining in the floodway. State Representative Dan Huberty introduced three new bills to toughen legislation on sand mines yesterday. But these bills never mention words like river, setback, buffer zone, erosion, sediment, or floodway.
What the Bills Do
HB 907 – Doubles 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.
HB 908 – Provides for penalties up to $50,000 for water code violations by sand miners and every-other-year inspections by the TCEQ.
HB909 – Calls for the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations) that comply with applicable environmental laws and regulations.
Good…As Far as They Go
HB 907
…is actually an amendment to the portion of the water code that HB 571 established in 2011. HB 571 targeted unregistered and, therefore, unregulated sand mining operations. If you search back through historical satellite photos of the West Fork between I-45 and I-69 in Google Earth, you can see several such bandit mining operations. Miners would take a backhoe and a dump truck down to a point bar. Then they would start mining sand right out of the river banks. The scars can still be seen today in many places.
I haven’t seen many instances, though, of these kinds of operations in the satellite images since the passage of HB 571 in 2011. That’s good news. But it makes me wonder whether the emphasis on un-permitted operations is misplaced. Most problems come from permitted mines, not un-permitted. So this makes it appear as though we’re putting teeth into mining regulation without really solving the big problems, such as mining in the floodway, breached dikes that remain open for years, and abandoning mines without any reclamation.
HB 908
…specifies that all mines will be inspected at least once every two years to ensure that they comply with “all applicable environmental laws and regulations.” The problem: nowhere does the law (or the TCEQ) specify what those are. So a canoeist, for instance, who spots something suspicious, like a backhoe intentionally letting sediment-laden water out of a mine, has no way to tell if the activity is legal or illegal.
One can spend days searching the TCEQ website looking for the regulations they are supposed to enforce.
Also, every-other-year inspections give grass 730 days to grow and cover up the evidence of breaches in sand mine dikes.
HB-909
… is a good first step. It directs the TCEQ to establish a set of best practices for sand mining and to publish them. However, the bill does not stipulate the type of best practices to include. Nor does it stipulate any penalties for non-compliance.
Bill McCabe, a member of the steering committee of the Lake Houston Area Grass Roots Flood Prevention Initiative, had this to say. “If they don’t list the BMP’s in the statute, nor authorize any penalties for violation of these BMP’s, what good does this do us? The TCEQ will merely adopt something similar to your BMP’s (the ones I proposed last year); TACA will agree; and everyone will go their merry way with no changes in sand-mining operations. If we later complain, TACA will assert that these are merely suggestions, and not intended to be law. And even if they are law, there are no penalties.
The Appearance of Meaningful
As these bills work their way through committees and the legislative process, residents will have opportunities to testify about their Harvey experiences, provide comments on the bills, and suggest amendments to strengthen them.
But at this point it looks like an uphill struggle. We’ll be lucky to see any truly meaningful legislation in 2019.
TACA Should Be Delighted
TACA, the Texas Aggregate and Concrete Association, will be delighted by these bills. If these become law in their present form, they will create the appearance of protecting people. That could undermine momentum toward regulation that reduces sedimentation.
As always, these are my opinions on matters of public policy protected by the first Amendment of the United States Constitution and the Anti-SLAPP statute of the great state of Texas.
Posted by Bob Rehak on 1/18/2019
508 Days since Hurricane Harvey