The rain overnight became pretty intense between 4:30 and 5:30 a.m. about the time the NWS issued a tornado watch. Once again, areas north and northwest of us received more rain that we did. The NWS has issued a flood warnings for the West Fork of the San Jacinto. West Fork. They expect the river to crest at 51.3 feet, well below the major classification.
The River should rise above flood stage Friday morning and crest on Sunday. The flood will impact low lying roads near the river. The north side turnaround at US 59 and low points on Thelma Rd, Aqua Vista Dr, and Riverview Dr. will begin to flood. Water levels should approximate those reached in the December 7-8, 2018 event. Nearly all of the water heading into the West Fork is from significant run-off being generated on Cypress, Spring, and Lake Creeks.
The City did not lower Lake Houston in anticipation of this flood. However, the Coastal Water Authority is currently releasing 2500 cubic feet per second through the tainter gates on Lake Houston. It will be interesting to compare the ultimate water height to the Dec. 7-8 flood when the City did lower the Lake.
Here’s what the dock at River Grove looked like this morning. Photo courtesy of Bruce Casto.
Boat dock at River Grove around 9 a.m. on Thursday 12/27/18.
On December 8, River Grove looked like this.
River Grove Flood Level on December 8. Will this flood be higher?
East Fork Crest Delayed and Prolonged
East Fork residents can breath a little easier.
River is already rising at FM 1485 and nearing bankfull at FM 2090 (Plum Grove). Heavy rainfall over the headwaters of the river will move downstream from the Cleveland area and reach Plum Grove and FM 1485 this weekend. The river should rise to flood stage midday Friday and have an extended flat crest over the weekend near 60.5 ft. FM 1485 may be threatened at these levels along with low lying roads in subdivisions downstream of FM 1485. That’s Huffman and Kingwood!
Spring Creek
Significant run-off is in progress over the upper headwaters of Spring Creek and the creek is rising along the entire channel. Hegar Rd is at bankfull this morning and near bankfull conditions will be possible along the creek downstream to SH 249 and I-45. No structure flooding is expected, but some low lying roads near the creek or that cross the creek may be impacted…especially upstream of SH 249.
Cypress Creek
Significant run-off in the headwaters into Cypress Creek. Creek may reach near flood stage later today at Katy Hockley. Harris County Flood Control does not expect any significant downstream flooding east of Hwy 290 along Cypress Creek, although the creek will be very high as upstream water moves downstream.
Posted on 12/27/18 by Bob Rehak
485 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/12/image002-1.png?fit=600%2C465&ssl=1465600adminadmin2018-12-27 10:21:412018-12-27 10:49:27Moderate Flooding Expected on West Fork, Minor Flooding on East Fork
Dredge currently operating near West Lake Houston Parkway
Shutdown’s Impact on Current Dredging
It’s not immediately clear how the government shutdown will affect Army Corps employees supervising the job. Technically, the Corps is “military,” but many Corps engineers and project managers are civilian employees. The Corps may have listed its inspectors as emergency personnel since the West Fork was an emergency project. However, the Corps’ information office did not return emails to verify that. Holiday vacations likely caused the lack of response. But if the shutdown does affect Corps inspectors, contractors may experience delays at some point.
Possible Impact on Mouth-Bar Project
A bigger question: how the shutdown will affect consideration and approval of Mouth Bar dredging. Readers may remember that at a meeting in Austin on October 11, all agencies involved reportedly gave conditional approval to the mouth bar project subject to a favorable environmental report and the location of a suitable disposal site. After two and a half months, the project still has not been approved. City officials are hopeful that the project could be approved before the end of April when contractors should begin demobilizing from the current job. Remobilizing could cost another $18 million if FEMA or Congress does not approve an extension of the current project that includes the Mouth Bar.
Sources are hard to find between Christmas and New Years. Hopefully, we will have an update from City Hall and greater clarity when people return to work after New Years.
All of this underscores the need for more urgency and timeliness in government decision making, in my opinion. Harvey happened 16 months ago.
Posted by Bob Rehak on December 26, 2018
484 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/12/CallanDredge_01-e1545881134297.jpg?fit=1500%2C501&ssl=15011500adminadmin2018-12-26 21:30:362018-12-26 21:34:07Impact of Government Shutdown on West Fork Dredging
HB509 Stipulates Consideration of Hydrologic Impact During Permitting
Currently, sand mines in Texas are permitted and inspected by the Texas Commission on Environmental Quality (TCEQ).
New legislation proposed by Representative Terry Wilson of Marble Falls would require regulators to consider hydrologic impacts of sand mining during the permitting process.
HB509 enables the Texas Railroad Commission to work with the TCEQ; adopt, amend and enforce rules pertaining to aggregate production operations; issue and revoke permits; and inspect APOs without notice. It also:
Creates criminal penalties for non-compliance.
Requires a hydrology assessment of the operation’s impact on surrounding surface and groundwater – including water availability.
Enables regulators to consider the cumulative impact of multiple APOs in an area when evaluating new applications.
Requires the operation to prevent material damage to the hydrologic balance outside the permit area.
Requires public notice of permit applications
Provides for public comment on permit applications
Makes permit approval contingent on past performance
Requires permitting agencies to publish the public comments
Allows the agencies to deny permits based on public comments
Grandfathers operations with existing permits
New Fines and Creation of a Criminal Offense
A person commits an offense if the person “knowingly makes a false statement, representation, or certification, or knowingly fails to make a statement, representation, or certification, in an application, record, report, or other document filed or required to be maintained under this chapter or under an order of decision issued by the commission under this chapter.”
Violators may be punished by fines of up to $10,000 and a year in prison.
Positives of HB509 from Residents’ Perspective
While this bill will not immediately and directly address sand-mine issues on the San Jacinto, I think it could eventually help this area. Things residents will like include:
Significant penalties for false statements!
Having more eyes on the problem; TCEQ complains that it doesn’t have enough staff to enforce regulations.
River-impact assessments, especially the idea of looking at the cumulative impact of all providers in the area! Twenty square miles of sand mines between US59 and I-45 on the West Fork have decimated the environment immediately upstream from the drinking water source for 2 million people.
Public hearings for permits. Right now, regulators hear one side of the story.
Making the permit application approval contingent on past performance. This gives sand miners the ultimate incentive to comply with regulations: “Don’t comply and you’re out of business in this state.”
Shortcomings From Residents’ Perspective
Things residents probably won’t like include:
Grandfathering existing operations; the cumulative impact of sand mining is already a huge problem on the San Jacinto. However, I’m not sure a fair alternative exists, short of buyouts.
Lack of definitions for what they’re trying to prevent under “hydrologic impact.” That creates flexibility to cover unforeseen consequences, but also leaves a huge “out.” HB571 in the 2011 session, the first bill to regulate sand mining in Texas, also lacked specificity. It said for instance that the mines had to comply with all applicable laws and regulations, but did not specify what they were. It left lots of wiggle room. This could, too.
No prescription for minimum setbacks from rivers or prevention of mining in floodways.
Use of the words “designed to” in front of hydrological impacts. That creates a big “out.” Anybody who places a bale of hay in drainage ditch on the mine could say he designed the drainage to prevent erosion, However, the real issue is what happens when the river reroutes itself through mines during a flood.
Lack of Specificity Concerning Hydrologic Impact
My biggest concern is the lack of specificity re: adverse hydrologic impacts. No references exist in the bill to:
Dangers of river migration
River capture of sand pits
Draw down of the water table
Effects of such drawdowns on surrounding vegetation and farms
Repeated breaches of dikes
Increases in rates of sedimentation
Loss of downstream lake capacity at increasing rate
Poor water quality
Loss of river conveyance
Increases in erosion
Escape of chlorides from wash pits during floods
Contamination of groundwater and wells by chlorides
Pipeline corrosion
Loss of riparian vegetation
Downstream flooding
Eventual need for dredging and other costly remediation.
All in all, though, it’s a good start and can only help curb the excesses of sand mining in the long run.
Congressman Wilson represents the area west of Austin. His district includes Burnet, Milam and Williamson Counties and the cities of Round Rock and Marble Falls. His web page in the House of Representatives states that he was born in Odessa, Texas, and that “He is a lifelong conservative Republican, committed husband and father, and a decorated combat veteran. He holds a BS in Business Administration from Texas A&M University and an MS in Strategic Logistics Plans and Management from the Air War University.”
Wilson retired from the Army after serving more than 30 years. Since retiring from the Army, he has leveraged his military experience as an advocate for small businesses.
No Other Bills Filed in House or Senate So Far
Neither Representative Dan Huberty, nor Senator Brandon Creighton, have so far introduced any new legislation affecting sand mining. Wilson’s HB509 appears to be the only bill regulating sand mining filed so far in either the House or Senate as of Christmas Eve, 2018.
As always, these are my opinions on matters of public policy. They are 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 12/24/2018
482 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/06/SourceOfWater-e1529593516550.jpg?fit=1300%2C846&ssl=18461300adminadmin2018-12-24 12:12:392018-12-24 12:14:05First Proposal to Improve Sand-Mine Regulation in House
Moderate Flooding Expected on West Fork, Minor Flooding on East Fork
The rain overnight became pretty intense between 4:30 and 5:30 a.m. about the time the NWS issued a tornado watch. Once again, areas north and northwest of us received more rain that we did. The NWS has issued a flood warnings for the West Fork of the San Jacinto. West Fork. They expect the river to crest at 51.3 feet, well below the major classification.
The River should rise above flood stage Friday morning and crest on Sunday. The flood will impact low lying roads near the river. The north side turnaround at US 59 and low points on Thelma Rd, Aqua Vista Dr, and Riverview Dr. will begin to flood. Water levels should approximate those reached in the December 7-8, 2018 event. Nearly all of the water heading into the West Fork is from significant run-off being generated on Cypress, Spring, and Lake Creeks.
The City did not lower Lake Houston in anticipation of this flood. However, the Coastal Water Authority is currently releasing 2500 cubic feet per second through the tainter gates on Lake Houston. It will be interesting to compare the ultimate water height to the Dec. 7-8 flood when the City did lower the Lake.
Here’s what the dock at River Grove looked like this morning. Photo courtesy of Bruce Casto.
On December 8, River Grove looked like this.
East Fork Crest Delayed and Prolonged
East Fork residents can breath a little easier.
River is already rising at FM 1485 and nearing bankfull at FM 2090 (Plum Grove). Heavy rainfall over the headwaters of the river will move downstream from the Cleveland area and reach Plum Grove and FM 1485 this weekend. The river should rise to flood stage midday Friday and have an extended flat crest over the weekend near 60.5 ft. FM 1485 may be threatened at these levels along with low lying roads in subdivisions downstream of FM 1485. That’s Huffman and Kingwood!
Spring Creek
Significant run-off is in progress over the upper headwaters of Spring Creek and the creek is rising along the entire channel. Hegar Rd is at bankfull this morning and near bankfull conditions will be possible along the creek downstream to SH 249 and I-45. No structure flooding is expected, but some low lying roads near the creek or that cross the creek may be impacted…especially upstream of SH 249.
Cypress Creek
Significant run-off in the headwaters into Cypress Creek. Creek may reach near flood stage later today at Katy Hockley. Harris County Flood Control does not expect any significant downstream flooding east of Hwy 290 along Cypress Creek, although the creek will be very high as upstream water moves downstream.
Posted on 12/27/18 by Bob Rehak
485 Days since Hurricane Harvey
Impact of Government Shutdown on West Fork Dredging
For those of you wondering how the federal government shutdown would impact dredging, the answer is “little at present.” Dredging continues. The government allocated funds for the current emergency West Fork dredging program long before the shutdown. As of this evening, prospects for a quick resolution of the budget impasse were dim according to the Associated Press.
Shutdown’s Impact on Current Dredging
It’s not immediately clear how the government shutdown will affect Army Corps employees supervising the job. Technically, the Corps is “military,” but many Corps engineers and project managers are civilian employees. The Corps may have listed its inspectors as emergency personnel since the West Fork was an emergency project. However, the Corps’ information office did not return emails to verify that. Holiday vacations likely caused the lack of response. But if the shutdown does affect Corps inspectors, contractors may experience delays at some point.
Possible Impact on Mouth-Bar Project
A bigger question: how the shutdown will affect consideration and approval of Mouth Bar dredging. Readers may remember that at a meeting in Austin on October 11, all agencies involved reportedly gave conditional approval to the mouth bar project subject to a favorable environmental report and the location of a suitable disposal site. After two and a half months, the project still has not been approved. City officials are hopeful that the project could be approved before the end of April when contractors should begin demobilizing from the current job. Remobilizing could cost another $18 million if FEMA or Congress does not approve an extension of the current project that includes the Mouth Bar.
Sources are hard to find between Christmas and New Years. Hopefully, we will have an update from City Hall and greater clarity when people return to work after New Years.
All of this underscores the need for more urgency and timeliness in government decision making, in my opinion. Harvey happened 16 months ago.
Posted by Bob Rehak on December 26, 2018
484 Days since Hurricane Harvey
First Proposal to Improve Sand-Mine Regulation in House
On December 11, 2018, Texas State Representative Terry Wilson introduced HB509. HB509 is a bill to regulate aggregate production operations (APOs). APOs include sand mines.
HB509 Stipulates Consideration of Hydrologic Impact During Permitting
Currently, sand mines in Texas are permitted and inspected by the Texas Commission on Environmental Quality (TCEQ).
HB509 enables the Texas Railroad Commission to work with the TCEQ; adopt, amend and enforce rules pertaining to aggregate production operations; issue and revoke permits; and inspect APOs without notice. It also:
New Fines and Creation of a Criminal Offense
A person commits an offense if the person “knowingly makes a false statement, representation, or certification, or knowingly fails to make a statement, representation, or certification, in an application, record, report, or other document filed or required to be maintained under this chapter or under an order of decision issued by the commission under this chapter.”
Violators may be punished by fines of up to $10,000 and a year in prison.
Positives of HB509 from Residents’ Perspective
While this bill will not immediately and directly address sand-mine issues on the San Jacinto, I think it could eventually help this area. Things residents will like include:
Shortcomings From Residents’ Perspective
Things residents probably won’t like include:
Lack of Specificity Concerning Hydrologic Impact
My biggest concern is the lack of specificity re: adverse hydrologic impacts. No references exist in the bill to:
All in all, though, it’s a good start and can only help curb the excesses of sand mining in the long run.
Read the bill in its entirety. Here is the current text of proposed House Bill 509 for 2019.
About Congressman Terry Wilson
Congressman Wilson represents the area west of Austin. His district includes Burnet, Milam and Williamson Counties and the cities of Round Rock and Marble Falls. His web page in the House of Representatives states that he was born in Odessa, Texas, and that “He is a lifelong conservative Republican, committed husband and father, and a decorated combat veteran. He holds a BS in Business Administration from Texas A&M University and an MS in Strategic Logistics Plans and Management from the Air War University.”
Wilson retired from the Army after serving more than 30 years. Since retiring from the Army, he has leveraged his military experience as an advocate for small businesses.
No Other Bills Filed in House or Senate So Far
Neither Representative Dan Huberty, nor Senator Brandon Creighton, have so far introduced any new legislation affecting sand mining. Wilson’s HB509 appears to be the only bill regulating sand mining filed so far in either the House or Senate as of Christmas Eve, 2018.
As always, these are my opinions on matters of public policy. They are 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 12/24/2018
482 Days after Hurricane Harvey