Woodridge Village Excavation, Taylor Gully Updates

Harris County Flood Control District (HCFCD) says that, as of 10/31/22, Sprint Sand and Clay has hauled off 66,094 cubic yards of dirt from Woodridge Village. That means, despite the slowing real estate market, that the company has exceeded its Excavation and Removal contract minimum within nine months of the first year.

Objective of Excavation

The objective of the contract: to get a head start on the removal of up to 500,000 cubic yards of dirt from what will eventually become the sixth stormwater detention basin on the Woodridge Village property. Woodridge forms the headwaters of Taylor Gully.

The Woodridge property flooded up to 600 homes in Elm Grove and North Kingwood Forest twice in 2019. That happened after the a developer clearcut the property before installing sufficient stormwater detention capacity.

Since then:

Community Meeting Will Reveal Findings of Engineering Study

HCFCD is now planning a community meeting to share the results with affected residents before the end of the year.

It’s not clear yet exactly:

  • How much additional detention Woodridge will need
  • How much channel widening Taylor Gully will need
  • Whether any bridges need to be replaced
  • How upstream improvements will affect residents farther downstream.

The preliminary engineering report should address all those questions.

Photos from September and October

In the meantime, a parade of dump trucks visits the Woodridge site most days to haul off dirt from where the sixth basin will go. The sixth basin could double stormwater detention capacity on the site – if Sprint excavates all 500,000 CY.

As of mid-September 2022, Sprint Sand and Clay had removed 57,785 cubic yards (CY). Currently, they have removed a total of 66,094 CY. That means they removed 8,309 CY in the last 6 weeks. And that in turn means the current monthly rate is about 5500 CY.

Sprint’s contract calls for them to remove a minimum of 60,000 cubic yards per year or 5,000 per month.

The September and October pictures below show how far Sprint has come in the last six weeks.

Woodridge Village E&R contract progress end of September 2022
End of September 2022
End of October. Sprint has not gone much farther, but they have gone deeper.

See pictures taken below from the reverse angle. The majority of the work now takes place at the far end.

Extent of excavation on September 24.
End of October 2022.

Groundwater appears to be seeping into excavated areas.

HCFCD did not confirm WHY Sprint appears to be digging shallower. Amy Stone, a HCFCD spokesperson, did say however that the site contains multiple types of soil. The volume removed in a particular location may relate to demand for a particular type.

More news about the community meeting and study findings when it becomes available.

Posted by Bob Rehak on November 1, 2022

1890 Days since Hurricane Harvey

County Approves Another $15 Million for Flood Mitigation in Precincts 1, 2

On October 25, 2022, the three Democrats on Harris County Commissioners Court approved the expenditure of another $15 million from the Flood Resilience Trust. All the money will be spent to avoid delays on flood mitigation projects in Precincts 1 and 2.

This follows an approval on June 28 to spend $85 million on 16 projects. Two thirds of the benefit for those also went to Precincts 1 and 2.

Not one of the 20 projects approved to date is in the San Jacinto Watershed.

Where the Money Went

Of the four flood-mitigation projects approved for trust funding in October, three were in the Halls Bayou Watershed and one was in Sims.

In June, commissioners approved 16 other projects:

  • One in the Armand Bayou watershed
  • One in Brays
  • Two in White Oak
  • Three in Halls
  • Four in Greens
  • Four in Cypress and Little Cypress Creeks
  • One in Buffalo Bayou

Of the 16 projects, 14 benefited Precincts 1 and 2, but only 7 benefited Precincts 3 or 4. The totals for “projects” and “areas benefited” do not equal because sometimes benefits cross precinct boundaries.

Looking at both groups of expenditures, 20 benefited Precincts 1 and 2, while only 7 benefited Precincts 3 or 4. So about one quarter of the flood mitigation benefit has gone to the Republican-leaning half of the county.

Purpose of the Trust

The Flood Resilience Trust Fund was originally conceived to facilitate:

  • Acceptance of a grant that requires a local match exceeding secured local funds
  • Awarding construction projects that exceed the amount of secured funds
  • A change in contract for a construction project underway that exceeds the amount of secured funds

In all of the most recent cases, the expenditures avoided delays for projects already underway. In each, partnership funds did not materialize as expected. See below.

See high-res PDF of full report here.

The $100 million dollars in Trust Fund expenditures approved to date leaves a balance of only $28 million in the fund. So…

78% of the money is gone in just four months. And the Lake Houston Area hasn’t seen a penny of it. Meanwhile, multiple projects in the San Jacinto Watershed struggle to get in gear.

To see the full report on June projects, click here.

For the full October report, click here.

Fix This Discrimination

Polls are open from 7 A.M. to 7 P.M. Monday through Friday this week for early voting. Election Day is on November 8. It’s a long ballot. Make sure you vote all the way to the end, because several key races/proposals are hidden in the middle of all the judicial races. For instance, the race between Lina Hidalgo and Alexandra Mealer for County Judge comes after family court judges on the ballot.

All registered voters in Harris County may vote for County Judge. A heavy turnout in this area could swing the election. It’s close. As of this morning, however, fewer than 10,000 people in Kingwood have voted.

Also, Precincts 2 and 4 will elect Commissioners this year. (The Lake Houston Area is now in Precinct 3 and won’t vote for commissioner until 2024.)

There are also three county bond proposals on the ballot totaling $1.2 billion being pushed by Precinct 2 Commissioner Adrian Garcia. Despite promises made by the County Administrator months ago, none has a defined project yet, so if you approve the Garcia Bonds, you’re writing a blank check.

Also, the three Democrats on Commissioners Court have announced their intention to distribute the $1.2 billion unequally. The two Republican Precincts would get only $220 million each or a total of $440 million. So Republican Precincts would get 36% while Democrat Precincts would get 63%.

That echoes lopsided Flood Resilience Trust and 2018 Flood Bond spending to date. Don’t miss your chance to bring fiscal control and balance back to Commissioners Court. And some flood-mitigation benefits to the Lake Houston Area.

Posted by Bob Rehak on 10/31/22

1889 Days since Hurricane Harvey

Simple Way to Find Depth of Flooding Near You

Ever wonder how to find the depth of flooding on a bayou, river or stream near you? Here’s a simple way. But this only works for those in and around Harris County, Texas, and those who live on streams with gages.

Step-By-Step Guide

Go to HarrisCountyFWS.org.

FWS stands for Flood Warning System. The main function of this website is to alert you when streams are in danger of coming out of their banks. But the site also shows historical information for dozens of gages that blanket Harris and surrounding counties. That information includes flood peaks and bank elevations. By subtracting the bank elevation from the peak, you can easily determine the height of a flood and compare the height in your area to other areas.

For this exercise, start by selecting ALL gages in the left column. Gages across the region will pop up. See below.

By default, the map shows how much rainfall all those gages received in the last 24 hours. But there’s much more information behind them. Next…

Click on Any Gage

Another box pops up that is the gateway to historical information about that location. In this example, I clicked on the gage at the San Jacinto West Fork and US59.

Click on the hyperlink that says, “More information and alert signup.” Then, in the next screen…

Click on the Stream Elevation Tab
Scroll Down

You should see a box that looks like the one below.

The red “Flooding Likely” line represents the top of bank in that area. They say “Likely” because bank heights may vary slightly around a gage. But for most locations in a flat area like ours, that’s the point at which water starts to come out of the banks. Near this gage, the river starts coming out at 49.33 feet above sea level.

Below that box, three more boxes show:

  • Gage readings during the current time period (or any historical time period if you specify one).
  • Flood frequency for that gage location. For instance, the height of a 10-, 50-, 100- or 500-year flood.
  • Historical records for major storms.

This last box contains the information you want (if you’re looking for the Harvey peak). For instance, you can see that at this location, the West Fork reached 69.6 feet.

Subtract Flooding-Likely Elevation from the Flood Height

Subtracting the flooding-likely elevation from the high-water mark tells you the depth of flooding, i.e., how high the water got above the banks. At this location, that was more than 20 feet! (69.6 minus 49.33)

Step and Repeat

To compare the depth of flooding at other locations, repeat the same process. To visualize the differences, it helps to develop a spreadsheet with four columns: Location, Flooding Likely, Peak, Difference. Then you can then easily create a graph that looks like the one below.

worst first
Chart showing feet above flood stage at 33 gages during Harvey.

In this case, you can see that the San Jacinto, Spring and Cypress Creeks had the deepest floodwaters in the northern part of the county during Harvey. Some gages at other locations show that water didn’t even come out of banks.

What About Minor Floods?

The Harris County Flood Warning System contains information about stream levels going back 20+ years. If you’re looking for information about a flood not shown in the Historical Record box, you can search for it by specifying a time period and date range above the stream elevation and rainfall tabs.

Caution

Usually, Harris County Flood Control District personnel manually verify the historical records. So, you can trust the information. But if you’re researching smaller floods by inputting your own dates and time periods in the search fields, you may run into a problem.

Before 2010, sometimes gages recorded faulty readings. Gages during that period used pressure transducers, which could clog with floating debris and report false information.

So, if you see a hundred-foot flood that lasted 15 minutes, you’re looking at error. Cross check such readings against rainfall at the same gage. Also, check the readings immediately up- and downstream to rule out spurious readings.

The graph above shows wide ranges in the depth of flooding on the same bayous. Don’t assume that because a flood was 20 feet deep at one location that it will be the same along the entire stream. The topography could narrow, widen, deepen or flatten. All could affect the depth of flooding. So could other factors, such as the amount of surrounding development or previous flood mitigation efforts in an area.

Identifying Causes of Flooding

Using information from the Flood Warning System, you can help narrow down the source of flooding. If a neighborhood flooded, but the channel didn’t come out of its banks, you’re looking at a street-flooding issue. Most storm sewers and roadside ditches in Harris County and Houston are sized to handle a two-year rain. But older ones may have only a one-year level of service. And many become clogged over time. See below.

street flooding

For More Information

To learn how to find and verify other flood-related information, make sure you check out this post.

Posted by Bob Rehak on 10/29/22 with thanks to the Harris County Flood Control District

1887 Days since Hurricane Harvey

Highest Risk for Severe Weather Shifts SW and Offshore

This morning’s 7 a.m. report from Jeff Lindner, Harris County’s meteorologist, indicates that the severe weather threat predicted yesterday for Houston has shifted southwest toward Matagorda Bay and offshore. However, showers and thunderstorms will increase through the day. And few of the storms could be strong to severe.

Radar Image Shows Gap Between Storms at 11 AM

Radar images at 11 a.m. confirm that two major storms will not converge where predicted yesterday.

RadarScope Pro image at 11am 10/29/22
RadarScope image shows storms predicted yesterday to converge over Houston have diverged.

Activity along the coast should move eastward this morning while a second line of storms moves from central Texas toward Houston. The offshore warm front did not move as far inland as expected overnight.

Tornado Threat Limited, But Hail Possible

Lindner thinks the severe weather and tornado threat to the Houston area is fairly limited today, although the cooling of the air column may result in the threat for some hail with lingering storms into the evening hours.

Additional showers will develop ahead of this main line, but concerns yesterday for supercell structures appear lower today and confined to Matagorda, Jackson, Wharton, and Calhoun Counties.

Severe weather risk predicted by NWS Storm Prediction Center as of 1am on 10/28/22
Storm Prediction Center forecast as of noon on 10.28.22

1-2 Inches of Much-Needed Rain Likely

Lindner now expects rainfall of 1-2 inches over the Houston area. Given current drought conditions, it is much needed.

Rainfall rates offshore have averaged 2-4 inches per hour, but that storm should remain offshore, he says.

The main line of approaching weather should clear the Houston region by 4:00 p.m., but areas north of I-10 could see additional showers and thunderstorms into the evening hours.

A few light rain showers or drizzle east of I-45 may linger into Saturday. This coupled with cold air advection and north winds of 10-15mph may lock temperatures in the upper 50’s/low 60’s on Saturday. However, where the clouds are able to clear, temperatures will warm into the mid 70’s. We could see significant differences in temperature over a short distance.

Skies should clear Saturday night into Sunday with cool conditions in place for a mild and dry Halloween.

Posted by Bob Rehak on 10/28/22 based on reports from the NWS and Harris County

1886 Days since Hurricane Harvey

Strong Thunderstorms, Street Flooding, Tornados Possible Tomorrow

Update: 10/28/22 11am: Today’s reports indicate the highest severe storm risk is shifting SW of Houston and offshore. Experts now predict 1-2 inches of rain for the Houston area today. Areas offshore are already getting 2-4 inches per hour.

Tomorrow will likely bring strong thunderstorms. Rainfall rates could exceed the capacity of street drains leading to localized street flooding. And the severe weather may also spin up some tornados, according to Harris County’s meteorologist and the National Weather Service (NWS).

Heavy Rainfall

NWS predicts two to three inches of rain could fall on Friday, as warm, moist air pushing in from the Gulf collides with a cold front pushing in from the northwest. Jeff Lindner, Harris County meteorologist, predicts the worst period for us will be Friday afternoon.

Tornados Possible

The NWS Storm Prediction Center in Norman, Oklahoma, issued this warning for Friday . It shows a marginal risk of severe weather for the entire Houston area and a slightly higher risk for areas south and west of us.

Reasons for Concern

For the weather wonks reading this, Lindner cites an unusual convergence of storm systems at different levels of the atmosphere.

A trough will begin to move eastward toward Texas later today. Surface pressures will begin to fall this afternoon as low pressure develops ahead of the approaching mid-level low. Southeast winds will increase today, letting Gulf moisture quickly return to coastal Texas.

As the mid-level low approaches us, it will meet the northward-moving, moisture-laden warm front moving in from the Gulf.

Severe threats will be highest along the boundary. Tropical moisture will march quickly northward tonight on a 30-knot low level jet. Precipitable waters – the amount of moisture in a column of air – will equal 1.8 inches by Friday morning over much of the region.

As large-scale lift increases over the developing warm sector, showers and thunderstorms will develop from southwest to northeast across the region.

The cold front associated with the mid-level low will sweep west to east across southeast Texas on Friday afternoon, touching off more thunderstorms. The front will slow Friday night, so showers will linger over the area.

Severe Threat: 

The surface low approaching from the northwest will meet the warm front coming from the opposite direction along a NW to SE axis on Friday. This warm front will extend from near San Antonio to near Freeport during the day and produce strong to severe thunderstorms. Low-level winds near the warm front will circle back toward the ESE and enhance low-level storm rotation.

Such collisions are notorious for tornado production, according to Lindner. Discrete cells may develop ahead of the line of storms approaching from the west. The location of the greatest severe risk will depend on where the warm front sets up Friday morning. Areas along and south of the front will have the highest risk.

If the warm front moves just a few miles farther north, it will increase risk to the Houston metro area. Kingwood was struck by tornados in a similar setup earlier this year.

Damaging winds will be the main threat. The worst of the storms should be over by 3-5 pm Friday, but lighter rains may linger well into the evening hours.  

Heavy Rainfall: 

Moisture will deepen Thursday into Friday. By Friday morning, a saturated air mass will be in place over the region. “Strong divergent lift coupled with low-level inflow will increase the potential for heavy rainfall along with cell training from southwest to northeast.”

Lindner describes himself as “aways wary of such setups.” They can help anchor and train convection.

The overall pattern favors supercell formation with both a tornado and heavy rainfall risk.

Jeff Lindner, Harris County Meteorologist

These storms could become significant rainfall producers – if they become sustained along the warm frontal boundary. The good news is that the ground is dry and can handle several inches of rainfall. “However, rainfall rates may exceed localized drainage capacities and result in some street flooding regardless of the dry ground conditions,” says Lindner.

Weekend: 

Cloudiness should linger much of Saturday keeping temperatures in the 50’s under northerly winds. South of the cloud line temperatures will warm into the 70’s. Where that line will be Saturday is hard to determine. Clouds should erode Saturday night with mostly clear skies. Sunday will be mild.  

Tropics:

The hurricane season has another month to go. It isn’t over yet! The National Hurricane Center now gives an area of low pressure moving WNW across the Caribbean a 50% chance of turning into a tropical depression in the next five days. No one is yet predicting what will happen if it does.

Posted by Bob Rehak on 10/27/22 based on information from Jeff Lindner, NWS, and NHC

1885 Days since Hurricane Harvey

All You Need to Know About Flooding Before You Vote

Before you vote this year, review these two graphs and a map. They should tell you everything you need to know about flooding and flood mitigation in the Lake Houston Area. They should also motivate you to vote if you are on the sidelines.

Highest Flooding

The first graph shows “feet above flood stage” during Hurricane Harvey at numerous gages on different watersheds around Harris county. It shows how high floodwater got AFTER it came “out of banks.”

The San Jacinto West Fork at US59 had THE highest flooding in Harris County during Harvey.

Lowest Funding

The second shows the amount of flood-mitigation dollars spent in each Harris County watershed on right-of-way acquisition and construction for flood-mitigation in the first half of this year. Those activities help mitigate flooding as opposed to studies which frequently never get acted upon.

The reversal is stunning.

Data obtained via FOIA Request. San Jacinto, the county’s largest watershed, received only $200,000. Only Cedar Bayou received less at $160,000.

Worst Last

The San Jacinto Watershed moves from the high side of the flooding graph to the low side of the funding graph.

But why the first six months of this year? I’ve talked ad nauseam about spending trends going back decades. This window shows us current priorities. Especially during an election year when you would think the County Judge would try to appeal to as many people as possible.

Regardless of how you feel about the equity prioritization framework, you would think that in a ten-year bond program, areas like Lake Houston would start seeing some real benefit by now. Narrowing down the range of spending helps provide better insight into the priorities of County Judge Lina Hidalgo. She’s the deciding vote on Commissioners Court.

How to Punish The Opposition

People are saying, “OK, I’ve waited patiently. When will I see some benefit from the 2018 flood bond?” That was more than four years ago already.

Unfortunately, the answer is “no time soon.” The map below shows current active Flood-Control capital-improvement construction projects and how the three Democrats on Commissioners Court have used their majority to punish Republican-leaning areas.

Maintenance projects are shown in orange. And capital-improvement projects appear purple.

Flood Control has 20 active construction projects in the capital-improvement category. Of those:

  • Republican Jack Cagle’s Precinct 4 has one.
  • Republican Tom Ramsey’s Precinct 3 has one.
  • Democrats Rodney Ellis and Adrian Garcia split the other 18 among themselves.
  • Not one is in Lake Houston Area.

And Judge Lina Hidalgo allows it.

From HCFCD.org

The only way for people in Precincts 3 and 4 to right this wrong is to replace Judge Hidalgo who is on the ballot running against Republican Alexandra Mealer.

If Hidalgo and Garcia are re-elected, we have four more years of political punishment to look forward to.

So, please vote on or before November 8.

To review your ballot choices, go to HarrisVotes.com and study who and what will be on the ballot in your area this year. Yesterday’s polls show the two candidates for judge essentially tied within the margin of error. Heavy turnout in the Lake Houston Area could swing this election.

Posted by Bob Rehak on 10/26/22

1884 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

County COVID Money Buys Democratic Campaign Software Instead

The Elevate Strategies scandal tied to County Judge Lina Hidalgo just keeps mushrooming. For those who missed it, earlier this year, Hidalgo recommended hiring a 1-person company operating out of an apartment to do “COVID outreach” for $11 million. That person reportedly didn’t do any COVID outreach before public outrage about bid rigging forced the County to cancel the contract and seek a refund.

But according to a news report released yesterday, the county rushed payment for Elevate’s initial invoice of $1.4 million. With it, Elevate purchased Democratic campaign software for $538,057.

Now, according to Bill King, the company refuses to give the money back and the County Attorney, a Democrat, is fighting an Open Records request concerning the matter. For a detailed discussion of these allegations, read King’s post in its entirety. A brief summary follows.

County Attorney Fights Open Records Request on Unusual Transactions

After “winning” the lucrative $11 million contract, Elevate immediately invoiced Harris County for more than $1.4 million. The County then rushed to pay her. That’s very unusual in itself. It took Harris County five months just to cut a purchase order for the Atascocita Drainage study after commissioner’s approved that contract!

Greg Groogan of Fox26, who has been investigating this story, asked the County Attorney how he was doing in recovering the money paid to Elevate. But the County Attorney’s accounting just didn’t add up. So, Groogan filed an Open Records request. The County Attorney suddenly clammed up, said the records were not subject to the Open Records Act, and requested an opinion from the Texas Attorney General.

Meanwhile, Bill King did obtain the records – from the County Auditor’s office. Those records showed that of the $1.425 million paid to Elevate, only $208,000 was returned so far. What happened to the missing COVID money?

King found $538,057 went to buy non-refundable, nontransferable software licenses from companies that promote themselves to Democratic political campaigns for fundraising, field organizing and voter targeting.

Where Money Went

The payments include:

  • $356,093 to Civis Analytics, Inc., a data firm that grew out of Barack Obama’s 2012 re-election campaign and has ties to President Biden.
  • $172,964 to NGP Van and OutreachCircle
    • NGP Van promotes itself as the “leading technology provider to Democratic and progressive campaigns and organizations.” It also claims “Nearly every Democrat running for office is powered by NGP Van.”
    • OutreachCircle boasts about its voter file management, targeting expertise and grassroots organizing capabilities.
    • OutreachCircle was recently acquired by Political Data Inc., “California’s largest provider of voter information to political campaigns.”

The County Auditor also shows that Harris County has paid another $460,000 directly to Civis Analytics since Hidalgo was elected.

Under Hidalgo that brings total payments by taxpayers – Republicans and Independents included – for Democratic political organizing capabilities to about $1 million. The County Auditor says the county never did business with any of these firms before Hidalgo.

King concludes his essay with an excerpt from a text message from one of Hidalgo’s staffers. The Texas Rangers obtained it after the scandal first became public.

Probably good for campaign purposes in her mind, but anyway, if she has some intricate picture in her head, I say F it and let her define it . . .” (Emphasis added.)

As King says, “Draw your own conclusions.”

I say, “…on your way to the polls.”

Posted by Bob Rehak on 10/25/22

1883 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

One Set of SJRA Harvey Lawsuits Dismissed With Prejudice

The Texas 14th Court of Appeals has sided with the SJRA and against 85 plaintiffs who sued the SJRA for flooding their homes during Hurricane Harvey. This particular group of plaintiffs claimed that the Lake Conroe release resulted in the government unconstitutionally “taking” their property. However, the appeals court found that:

  1. Each of the properties would have flooded even if no water had been released from Lake Conroe.
  2. The case should be dismissed with prejudice for lack of subject-matter jurisdiction based on governmental immunity.

Expert Witness Went Unchallenged

The SJRA hired a hydrologist to produce a computer model showing what would have happened to the homes in question if no water had been released from the Lake Conroe dam. The model showed that the homes would have flooded from Spring and Cypress Creeks. The plaintiffs’ attorney did not challenge the SJRA’s expert witness. That meant the evidence was “undisputed” as a matter of law.

Summary of Findings

The appeals court stated in its conclusion, “We reverse the trial court’s order and render judgment dismissing with prejudice (1) all takings claims asserted by the Gonzalez Parties, (2) the Gonzalez Parties’ purported claims against the Authority for grossly negligent maintenance and operation of the Lake Conroe Dam; and (3) all nuisance claims asserted by the Gonzalez Parties.” (Such group lawsuits are typically named after the first party listed in the suit.)

Justice Randy Wilson signed the opinion for Chief Justice Christopher, Justice Zimmerer and himself.

Although one lawyer I talked to opined that the plaintiffs might appeal to the Texas Supreme Court, “dismissal with prejudice” bars the them from refiling the case in the same court.

What Ruling Means for Similar Cases

This may be a failure of the attorneys for the homeowners, but it is still a “win” for the SJRA. Several other groups of lawsuits in Kingwood and Atascocita are still undecided. The question now is, “How will this decision affect those?”

It may and it may not. Page 8 of the appellate opinion states that, “…the Authority asserts that it is physically impossible that any of the molecules of water released from Lake Conroe during Harvey would have reached any of the Gonzalez Parties’ homes because: (1) the Gonzalez Parties live several miles up two different streams––Cypress Creek and Spring Creek; and (2) to reach the Gonzalez Parties’ homes, water from Lake Conroe would have had to flow 41 miles south to its juncture with these creeks, and then several miles upstream against massive flooding coming the other way.”

However, the parties in Kingwood and Atascocita live directly in the path of water released from Lake Conroe. That’s a substantial difference. The SJRA cannot credibly claim that no water from Lake Conroe reached their homes. The decision in these other cases will more likely hinge on whether the increase in flow flooded homes that would otherwise not have flooded.

Decision in Gonzalez Case Contradicts Experience in Other Cases

One Kingwood homeowner I talked to typifies many others. He said, “Frankly that [appellate] conclusion contradicts what I witnessed. I survived the Harvey rain; my home didn’t flood until the release occurred.”

The SJRA cases are hard to follow because there are so many. But at least three (Medina, Burney and Argento) have been consolidated. Those cases already won an interlocutory appeal to the Supreme Court on the SJRA’s motion to dismiss based on governmental immunity.

In an interlocutory appeal, a ruling by a trial court is appealed while other aspects of the case are still proceeding.

The Supreme Court denied the River Authority’s motion to dismiss those cases. They are still undecided.

For more information, see the:

Posted by Bob Rehak on 10/24/22 with thanks to Steven Selbe, Senior Counsel with Gordon Rees Scully Mansukhani for the heads up on Gonzalez decision

1882 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

66% Impervious Cover? Really?

Because the Laurel Springs RV Resort was grandfathered under old drainage regulations, it got away with building a detention pond that was half the size required by current regulations.

But assuming the developers were just shrewd businessmen who legally and successfully exploited the system, did they follow the rest of the rules? Let’s look at two other things.

  • The percentage of impervious cover on the site
  • How the number of parking spots increased 25% without the impervious cover increasing.
Laurel Springs RV Resort as of 10/22/22. The contractor still has one more “pour” to complete the concrete in the far upper right of the image.

Were Impervious Cover Calculations Correct?

Detention-pond volume calculations begin with impervious cover (i.e., land covered by concrete plus the entire detention pond area). See below.

66% impervious cover
Laurel Springs RV Resort Detention Pond calculations from approved permit plans.

The total site covers 20.032 acres. The proposed impervious portion, they claim, covers 13.349 acres. That works out to 66.6%. So one third of the site should be grass, trees and other vegetation. But since the entire 5-acre detention pond counts as impervious, mathematically, the remainder of the site can have no more than about 60% concrete and still comply with the percentage they promised.

But just eyeballing that trapezoidal area in the photo above, it seems much more than 60% is covered with concrete.

If my eyeball assessment is correct, then the detention pond is even more undersized than I initially thought because the percentage of impervious cover has increased and with it the amount of runoff.

I wish the developer would show us the basis for those calculations.

Plans Show Increase in Density With No Increase In Impervious Cover

The developer’s permit allows 182 RV spaces, but the plans show 226 – about a 24% increase. However, the impervious cover shown on the plans before and after the permit approval did not change. That could also affect detention pond capacity requirements. And explain why the percentage of concrete appears higher than they claim.

Why Underestimate Impervious Cover?

Why would a developer underestimate the amount of impervious cover? Two reasons:

  1. It would make the detention pond smaller and thus allow the remaining property to produce more income.
  2. By claiming they’re providing more detention than required, they can get a discount on their drainage fees. See page 10.

I’m not alleging they did anything illegal. I’m just saying that much more than 60% of that trapezoid in the photo above appears to be concrete and I sure would like to see how they arrived at their figures. I requested the drainage analysis twice and never got it. That should tell you something.

Posted by Bob Rehak on 10/23/22

1881 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

65% Impervious Cover? Get Out the Ruler!

In January of this year, when they kicked off construction at the Preserve at Woodridge, I posted about the Montgomery County development claiming 65% impervious cover. It’s time to get out the ruler. See pictures below taken on 10/22/22.

Looking SE across Woodridge Parkway toward Kingwood Park High School out of frame at the top.

I felt at the time that the 65% claim didn’t pass eyeball test. I feel even more strongly about that now.

The Preserve at Woodridge will boast 131 homelets on about 10 acres. Looking west toward St. Martha Catholic Church.
Some are just 4 feet apart. The wider row at the top will be divided into backyards.

The walkway going left to right through the bottom of the frame will be people’s front yards. Not quite southern mansions. But there’s plenty of room for a daffodil and a fire hose.

How Impervious Cover Can Contribute to Flooding

The higher the percentage of impervious cover, the less stormwater soaks into the ground. It runs off faster. And without sufficient detention pond capacity, flood peaks build higher.

That’s why I’m so concerned about the accuracy of the 65% estimate. The capacity of their detention pond was configured based on one third grass.

The lack of green space upstream is a growing issue downstream. Our drainage systems never anticipated this kind of density.

And don’t forget, this development also based its drainage calculations on pre-Atlas 14 rainfall rates.

Growth of Impervious Cover

USGS says one third of Harris County is now impervious cover. With more developments like this, the southern part of Montgomery County could one day surpass Harris County!

In December, the New York Times published a story about a company called Descartes Labs, which had trained computers to scan satellite images to detect changes in impervious cover. Descartes found that Texas had 9 of the top 20 counties in the U.S. when ranked by the growth of impervious cover.

Areas with high rates of impervious cover, as determined by Descartes Labs. Black dots represent growth of impervious cover. Note the ring around Houston.

To put 65% impervious cover in perspective (assuming the developer’s estimate is accurate), nationwide only about 4.4% of the land in the U.S. has more than 40%. And usually only shopping malls and high-density apartment complexes have more than 65%.

Current drainage capacity rarely anticipates development like this. That’s why so much of Houston’s drainage infrastructure struggles to function properly in heavy rains. It’s also why in 2010, the City of Houston instituted a drainage fee based on the percentage of impervious cover. The purpose: to raise money to repair/upgrade antiquated drainage systems taxed by overdevelopment and to encourage developers to leave more green space.

Close inspection of this site shows that the developer did leave leave one row of pet-friendly trees along the northern side.

Somebody screwed up. They could have squeezed another row of homes in there.

Posted by Bob Rehak on 10/22/22

1880 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.