RV Resort Detention Pond Should Remain “Completely Dry Between Storms”

The controversial Laurel Springs RV Resort appears to have another problem with permit violations. The resort’s detention pond falls within the FAA regulatory limit and should remain “completely dry between storms.” But it’s not.

How Building Permit Reads

This notation is clearly marked on the resort’s detention and mitigation plan approved by the City of Houston on 12/2/2020.

Screen Capture from C3.4 – Detention and Mitigation Plan – approved by City of Houston.

While FAA regulations give owners two days to drain ponds after storms, the Laurel Springs RV Resort pond has remained wet for more than two months. See a sampling of pictures below.

March 23, 2022
March 28, 2022
April 30, 2022
Photo from May 3, 2022
May 15, 2022
May 25, 2022
Photo taken on May 30, 2022. Two months later, still not completely dry.
Purpose of FAA Regulation

I looked up the FAA Advisory above to see exactly what it said. To summarize the relevant portions of the 28-page document, they prohibit the construction of wet-bottom, stormwater-retention ponds within a certain range of airports. The concern: the water could attract ducks and geese that create a hazard for aircraft taking off, landing or circling. The detention pond for the Laurel Springs RV Resort falls within the regulated range of Houston’s Bush Intercontinental Airport.

Note the regulation above was revised about the time that the City of Houston approved the Laurel Springs RV Resort plans. While the wording in the replacement varies somewhat, the key point remains.

The FAA discourages land uses that attract or sustain hazardous wildlife within five (5) miles of airports to protect aircraft.

The updated report also states that 90% of bird strikes on aircraft happen under 3,000 feet.

History of Troubles

At first, contractors seemed to be doing everything they could to keep the Laurel Springs RV Resort pond dry. In January, they even opened up a trench in the southern wall of the pond to drain it into Harris County’s Edgewater Park, violating their TCEQ Construction General Permit. After they finally installed the permanent drainage, mysterious black spots started appearing on the floor of the pond.

Now it appears they’re just letting the water evaporate and leak out through the wall of the pond, running afoul of the FAA regulations.

Posted by Bob Rehak on 5/31/2022

1736 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.

Editorial: Contrived Ignorance in Flood Mitigation

Last week, one of the biggest issues in Harris County flood mitigation came into sharp focus for me: contrived ignorance regarding flood-bond spending. Three things brought it into focus:

  • The completion of the $480 million Project Brays, the largest in Harris County Flood Control District’s (HCFCD) history. The Brays watershed has 58% low-to-moderate income (LMI) residents.
  • Commissioner Rodney Ellis’ repeated assertions that FEMA discriminates against projects in LMI neighborhoods, and that “all the funding” is going to affluent neighborhoods.
  • HCFCD’s release of the May update on flood-bond spending. It showed that less than one one-thousandth of one percent of active flood-bond construction dollars are going to the entire northeastern part of the county (Kingwood, Huffman, Humble, Atascocita, and Crosby).

Ellis keeps rubbing me the wrong way. Why inflame racial distrust, Rodney, with statements so far from the truth?

Ignorantia Affectata

I’ve always had trouble understanding politicians who deny reality. But it turns out Thomas Aquinas, the great Catholic theologian and philosopher from the Middle Ages, described the phenomenon 800 years ago. He called it ignorantia affectata, a Latin phrase meaning “affected or cultivated ignorance.”

I found a great description of it on this blog. “The deniers first deceive themselves that they are sincere in their adherence to falsehoods. Thus they cannot be faulted for acting on genuinely held views. But in truth, they have cultivated an ignorance of the facts, an ignorance so useful that one protects it at all costs … in order to continue using it in one’s own self interest.”

David Luban, a professor at Georgetown Law, wrote a brilliant essay on the ethics of “Contrived Ignorance” (a related concept) and the law. It begins with a poignant description of how criminal defense attorneys discourage defendants from telling them everything they know. Admitting guilt could limit their defense of the client, because the law forbids lawyers from lying or knowingly putting on perjured testimony. Luban also touches on another related concept, plausible deniability, so common in politics and business.

Plausible Deniability No Longer Plausible

After Ellis spoke at the ribbon cutting ceremony – for the largest project in flood control history – he can no longer plausibly deny that poor neighborhoods can’t get flood-mitigation funding. They do!

But he tried. He trotted out his tired distortion about higher value homes in affluent neighborhoods skewing benefit/cost ratios. The problem: it ignores density. Higher density more than compensates for higher value homes. And in fact, from the ribbon cutting ceremony one could see apartments several stories high, stretching blocks in all directions.

While Ellis leads people to believe that projects in LMI areas struggle to achieve Benefit/Cost Ratios above 1.0, Project Brays had a 7.0 ratio. That’s extremely high. See this 2019 Federal Briefing. It will return $7 for every $1 invested!

Rodney Ellis at ribbon cutting ceremony for the $480 million Project Brays. The project helps reduce flood risk in neighborhoods where Ellis grew up and also where he now lives.
Brays Bayou, looking west toward medical center from Almeda Drive.

Contrived Ignorance Vs. Informed Debate

The problem with contrived ignorance is that it prevents informed debate. Why would you look for evidence that undermined your world view? That prevented you from reducing flood risk in your neighborhood even further?

Why use the commonly accepted dictionary definition of “equitable” when you can redefine the word to serve your self interest?

I find it incredible that in 18 months, a majority of the Community Flood Resilience Task Force:

  • Has failed to define “worst first.”
  • Refuses to discuss what percentage of flood-mitigation funding affluent neighborhoods should get.
  • Won’t admit that flood-mitigation projects have already been built in their neighborhoods.
  • Is arguing about how to float another flood bond for $60 billion when we’re only 20% complete with the first $5 billion.
  • Won’t discuss whether 2-year flooding in affluent neighborhoods should be fixed before 500-year flooding in LMI neighborhoods.
  • Attributes past flooding to racially motivated neglect without examining the role of development practices
  • Recommended that HUD pay people only from poor neighborhoods to protest the unfair distribution of flood-mitigation funds.

When you try to discuss actual facts in Task Force meetings, shocked silence often greets you. Members keep talking about how they want facts. But a full year after requesting flood-risk data, no one seems concerned about the fact that they haven’t gotten it yet. Could this be what Thomas Aquinas meant?

Posted by Bob Rehak on 5/30/22

1735 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.

Progress Reports on New Floodplain Maps and Flood Bond

On Tuesday, 5/24/22, the Flood Control District transmitted updates on two projects (MAAPNext and the 2018 Flood Bond) to Harris County Commissioners. New Flood Insurance Rate Maps (floodplain maps) should be released within the next six months. In related news, the entire northeastern part of Harris County is still getting less than one thousandth of one percent of all active construction spending on bond projects.

For more detail read on.

MAAPNext Data Still Being Validated

MAAPNext stands for the next-level Modeling, Assessment and Awareness Project. In the wake of back-to-back-to-back 500-year floods in 2015, 2016, and 2017, it became clear that the floodplain maps which guided development in Harris County woefully underestimated the real flood risk in the region.

In response, the Harris County Flood Control District, NOAA and FEMA launched the MAAPNext project. It began by acquiring new, more accurate topographic (elevation) data for every watershed in the county and surrounding areas. They used LiDAR data with 9 times more resolution than the maps developed after Tropical Storm Allison in 2001.

Harris County Flood Control District then modeled updated rainfall probability statistics (Atlas-14 data) from NOAA against the terrain data.

FEMA is now reviewing the results and validating data. Within the next few months, FEMA will release new floodplain maps. This graphic shows the timetable and stages.

HCFCD has completed its part of the work and estimates FEMA has completed 20% of its at this point.

Preliminary Maps Coming in Few Months

FEMA should release PRELIMINARY Flood Insurance Rate Maps this summer or fall. After the release, expect a series of public meetings. During those meetings, partners will explain the results and the public will get a chance to ask questions and/or protest the results.

For instance, some people may have raised the elevation of their buildings since development of the new maps. Maps that do not reflect such improvements could raise flood insurance rates.

Other people will no doubt question the validity of the data, because expanded floodplains may adversely affect their property values. People who have received no flood mitigation help so far from the bond will suffer more in this regard than those who have.

Following the public comment and review periods, FEMA will revise floodplain maps as necessary and then release final versions. It could take another 3+ years before we see final maps.

In the meantime, you should assume that the old floodways will expand into the 100-year floodplain and the 100-year floodplain will expand into the 500-year floodplain.

So it’s best to get flood insurance now if you don’t have it. Remember, if you are in the 100-year floodplain, your chance of flooding during the life of a 30-year mortgage is about 1 in 4. And a lot of people don’t yet realize they live in a floodplain!

To see the full MAAPNext update, click here.

Flood Bond Now 21% Complete

HCFCD also released its May update on the progress of 2018 flood-bond projects last week. Through the end of April 2022, the District has completed 21.3% of the bond program.

The District has spent $1.025 billion out of about $5 billion in bond and partner funds. Spending breaks down like this:

  • $533 million in Bond Funds
  • $356 million in Grants
  • $136 in other Local Funds.
Where HCFCD spent a billion dollars.

The update acknowledges the $2.2 million grant from the Texas Water Development Board for the second phase of the Lauder Stormwater Detention Basin on Greens Bayou. Supposedly, Phase 2 has already started construction, though I could see little more than road work last week.

Other projects starting construction last month included:

  • Bayside Terrace Subdivision Drainage Improvements
  • Barker Watershed Repairs

Active construction of capital improvement projects totaled $236 million in May. Out of that, the entire northeastern part of the county still had only $2,000. That’s right. $2 thousand out of $236 million. That’s 0.0008%.

To see the entire flood bond update, click here.

Posted by Bob Rehak on 5/29/2022

1734 Days since Hurricane Harvey

Deep in The Heart: A Texas Wildlife Story

I often post about the loss of forests and wetlands to development and how that affects flooding. But the loss also affects wildlife. A new movie, Deep in the Heart: A Texas Wildlife Story, follows our ever-changing relationship with the natural world. It showcases our ability to destroy, conserve, and recover wildlife and habitat. The producers tell the story through the eyes of wildlife.

First Blue-Chip Wildlife Documentary About Texas

This gorgeous documentary about Texas wildlife opens in theaters on June 3, 2022.

MovieInsider.com calls Deep in The Heart, “The first blue-chip wildlife documentary ever produced about Texas.” And the trailer certainly lives up to that promise.

Image from DeepInTheHeartWildlife.com

The producers say, “Deep in the Heart is a visually stunning celebration of what makes Texas unique. Its diverse landscapes and remarkable wildlife behavior cannot be found anywhere else in the world.

“Narrated by Matthew McConaughey and featuring state-of-the-art cinematography, this family-friendly film journeys from the highest peaks in West Texas, through our aquifers, rivers, and bays, and deep into the Gulf of Mexico. 

Deep in the Heart aims to conserve our remaining wild places, to show the connectivity of water and wildlife, and to recognize Texas’ conservation importance on a continental scale.”

Distinguished Producers and Sponsors

Deep in the Heart was written and directed by Ben Masters; and produced by Katy Baldock and Jay Kleberg.

A consortium of foundations made the film possible. The primary sponsor was Texan by Nature, founded in 2011 by former First Lady Laura Bush. Texan by Nature (TxN) unites landowners, business, conservation, and civic leaders who believe Texas’ prosperity depends on conservation of natural resources. Learn more at www.texanbynature.org.

Where to See The Film

The film is in limited distribution at only seven Houston theaters. The closest to the Lake Houston Area: the Regal Benders Landing on the Grand Parkway between I-45 and I-69. Check here for show times.

Posted by Bob Rehak on 5/28/2022 with thanks to Pamela Davidson for the heads up on this movie

1733 Days since Hurricane Harvey

Triple PG Sand Mine Case Finally Starting Discovery

Discovery will soon begin in the Texas Attorney General’s case against the Triple PG sand mine in Porter. The AG is suing the mine on behalf of the Texas Commission on Environmental Quality (TCEQ). TCEQ investigations documented repeated breaches of the mine’s dikes over a period of several years prior to filing the lawsuit. The breaches allegedly resulted in the release of hundreds of millions of gallons of industrial waste into the headwaters of Lake Houston, the source of drinking water for 2 million people.

Triple PG Mine
Triple P.G. Mine in Porter. Photographed on 6/16/2020. Bright colors likely due to high chloride content or Cyanobacteria which may contain cyanotoxins. Cyanotoxins are among the most potent toxins found in nature according to the CDC.

Brief History of Case

Over the years, I’ve written more than 50 posts featuring the Triple PG sand mine in Porter. The mine first came to my attention on May 18, 2019. I was giving Tony Buzbee, then a candidate for Mayor of Houston, a tour of sediment buildups in the San Jacinto watershed. As we turned a corner on Caney Creek, we came to a giant breach in the dike of the Triple PG mine. 

Triple PG Breach
Triple PG Breach to Caney Creek photographed in May of 2019.

I immediately reported the breach to the Texas Commission on Environmental Quality (TCEQ). TCEQ manages water quality in the State. And Triple PG was directly discharging industrial wastewater into the creek.

TCEQ investigated and found not one, but TWO breaches. The second was on White Oak Creek (far side of the mine in photo above). The TCEQ investigation resulted in a notice of enforcement on July 12, 2019.

Later, close examination on my own part revealed even more breaches in hard to reach places that could only be seen from a helicopter.

In September 2019, I photographed the breaches still open. And on October 1, I noted a mouth bar rapidly developing on the East Fork.

On October 11, 2019, the Attorney General of Texas sued the Triple PG mine on behalf of the TCEQ. The charges alleged violations of Chapter 26 of the Texas Water Code and related TCEQ rules pertaining to the discharge of industrial waste and process wastewater.

The mine continued to operate under an injunction. One stipulation: that the mine build “engineered” dikes that prevented future discharges. But in early November 2019, boater Josh Alberson, photographed a flimsy dike built out of sand across the Caney Creek breach

On November 1, 2019, Triple PG denied all claims by the Texas Attorney General in the State’s lawsuit.

In March 2020, TCEQ reported another unauthorized discharge of process wastewater. Suspended solids in the discharge were up to 676% higher than levels in unpolluted water measured upstream.

The mine continued to operate under a temporary injunction until the case was supposed to have gone to trial on June 22 that year. But the case did NOT go to trial then. Covid and legal maneurvering delayed it. 

Legal Maneuvering

Mere days after the Texas Attorney General (AG) filed a lawsuit against Triple P.G. Sand Development, the mine’s owner transferred ownership of the mine. Even though the transfer was recorded in October 2019, the attorney general says the papers were dated in the prior January — before the unauthorized discharges that triggered the lawsuit. 

This appeared to be an attempt to shield assets from liability. Subsequently, the AG filed an amended petition on June 17, 2020, adding five defendants:

  • Guniganti Family Property Holdings, L.L.C.
  • Prabhakar R. Guniganti, individually 
  • Prabhakar R. Guniganti, as Director of Triple P.G. Sand Development, L.L.C. 
  • Prabhakar R. Guniganti, as sole manager of Guniganti Family Property Holdings, L.L.C.
  • Guniganti Children’s 1999 Trust.

The next week, on June 24, 2020, the defendant’s counsel withdrew from the case.

On July 8, 2020, the judge granted a motion to substitute counsel. Then, everything ground to a halt. During Covid, judges reportedly granted any request for a delay. And nothing happened for almost 2 years! 

The next entry in the Travis County Court records was in April 2022. It was a conference among the lawyers and judge designed to jumpstart the case.

Next Up: Subpoenas and Depositions

Susan Jablonski, head of TCEQ’s Enforcement Division, says she’s looking forward to deposing defendants. TCEQ has met with the AG on a monthly basis. Right now, they are preparing subpoenas for four depositions. 

Meanwhile, Guniganti is selling off land. His name appears on plans for Royal Pines, a new residential development now clearing land west of his mine.

But with Guniganti listed in the case as an individual, it could be harder for him to shield assets.

The Attorney General seeks $1.1 million in damages plus $25,000 per day for every day that the dikes remained open. By my estimates the dikes remained open approximately 5 months. That could add up to millions more.

It’s good to see movement on this case.

Class Action Suit Also Pending

Triple PG is also a defendant in a class action lawsuit against dozens of sand mines in the San Jacinto watershed by approximately 1000 plaintiffs. In that case, the trial court refused the defendants’ motion to dismiss. The defendants then appealed. But the appellate court found no reversible error, affirmed the trial court’s order and ordered the sand mines involved to pay all costs of the appeal. That happened on May 10, 2022. The trial is already moving forward.

That case also involves sedimentation. Plaintiffs allege that defendants’ business practices caused sediment to be released from mines during Harvey. Further, they allege that that sediment reduced the conveyance of the San Jacinto and the storage capacity of Lake Houston, contributing to the flooding of their homes.

Posted by Bob Rehak on 5/27/22

1732 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.

$480 Million Project Brays Complete After 40 Years

May 26, 2022, marked the official completion of a 40-year, $480-million flood-mitigation project in the Brays Bayou Watershed. Project Brays was the largest project in Harris County Flood Control District’s history. It included:

  • 21 miles of channel modifications
  • Construction of four stormwater detention basins that cover more than 800 acres
  • Reconstruction of 32 bridges
  • Miles of hike and bike trails

Benefits of Project Brays

The Texas Medical Center, one of the major economic engines of the City lies within the Brays watershed. No one at the ceremony promised Brays would never flood again. But they did emphasize how Project Brays reduced flood risk. They also emphasized how that could benefit entire communities, not just individual structures.

The detention basins alone will hold more than 3.5 billion gallons of stormwater. That’s a foot of rain falling across 17 square miles!

According to County Judge Lina Hidalgo, the combination of improvements will reduce flood depth by an average of 2 feet.

The project reduced flood risk for more than 15,000 structures in the Brays Bayou Watershed where 775,000 people live. According to HCFCD statistics, 58% of those residents have low-to-moderate incomes (less than half the average for the region).

Ribbon cutting on Project Brays near Hermann Park

Rare Moment of Bipartisan Appreciation

The theme for the ribbon-cutting ceremony was “partnership” between Federal, State, County and City authorities. More than half a dozen different speakers spread the kudos around. The project could not have happened without the cooperation of all of them and their predecessors.

New Flood Control District Executive Director Dr. Tina Petersen introduced the partners present.

Colonel Timothy Vail of the U.S. Army Corps called the partnerships in this project the “most sophisticated” he has ever seen during a career that has taken him around the world.

Harris County Precinct 4 Commissioner Jack Cagle emphasized how funding brought to the table by various sources enabled the acceleration of projects.

Houston City Council Member Carolyn Evans-Shabazz said, “We need to stop being divisive and start being decisive.”

Congresswoman Lizzie Fletcher described how the area’s congressional delegation was able to bring money to the area through the Water Resources Development Act.

Houston Mayor Sylvester Turner discussed how projects like this can only happen if multiple partners cooperate.

Past Contributors Acknowledged

And Judge Lina Hidalgo gave a nod to the past as well as the present. She thanked past Flood Control District executives, such as Russ Poppe, Matt Zeve and Mike Talbott. They helped start this project and advance it for decades. She also thanked Poppe and Zeve for architecting the flood bond, which reversed “decades of investment that simply was not aggressive enough.”

Hidalgo also stated that regulations were not aggressive enough before the flood bond. For instance, she cited buyouts that took place as part of Project Brays and said that those homes would never have been safe no matter what the partners did to mitigate flooding.

Project Milestones

It’s interesting to see “what happened when” on this project, recognizing that the pace depended on funding – or lack thereof – as Hidalgo acknowledged.

Early 1980s

U.S,. Army Corps of Engineers began the study of Brays Bayou.

1991

Design and engineering began on the Brays Bayou Federal Flood Damage Reduction Project.

1993

Construction of the first stormwater detention basin at Arthur Story Park began.

2004

Excavation of Brays Bayou main channel began.

2005

Freshwater Marsh at Mason Park was completed.

2008

Arthur Storey Park and Old Westheimer Stormwater Detention Basin completed.

2015

Eldridge Stormwater Detention Basin completed.

2017

Control Structures at Eldridge, Old Westheimer, and Arthur Storey completed.

2018

Willow Waterhole Stormwater Detention Basin completed.

2021

Channel modifications from Houston Ship Channel to Fondren Road completed.

2022

Final bridge construction projects and overall Project Brays completed.

(Note: since originally posting this story, I learned that minor work remains on three bridges even though the bridges are open to traffic. HCFCD decided to hold the ceremony when it did to avoid hurricane season and because of the impending transfer of Colonel Vail who played a key role in this project.)

A Helicopter Flight Up Brays Bayou Before Completion of Construction

In June of 2021, I flew a helicopter from one end of Brays Bayou to the other, when many of the improvements were still under construction. See the photos below.

Brays Bayou
Brays Bayou at the ship channel.
Brays Bayou Bridge
Railroad bridge being upgraded near Tipps Street.
New Bridge over Brays at South 75th. Widening of a channel may require a new bridge OR the widening of supports under the bridge.
288 and Brays. Bridge construction on Almeda.
288 and BraysBridge construction on Almeda.
Looking NE toward Med Center and downtown in background across another new bridge over Brays. Note the electrical infrastructure next to the bayou.
Brays
Looking NE toward downtown where Fannin St. crosses Brays at UT Health Science Center.
Looking NE toward downtown in background along Main Street. Medical Center is in middle of frame.
Looking north across new bridge over Brays along Buffalo Speedway toward Greenway Plaza in background.
Looking east toward downtown along Brays just inside of Loop 610 at detention pond. Note sewage treatment plant across bayou.
Looking east toward downtown along Brays just inside of Loop 610 at detention pond. Note sewage treatment plant across bayou.
SW Corner of Loop 610 looking toward downtown in upper right.
SW Corner of Loop 610 looking toward downtown in upper right.
Same intersection south of Galleria area. Note complexity where seven streams of traffic intersect.
Same intersection south of Galleria area. Note complexity where seven streams of traffic intersect.
Looking north at new bridge over Brays at Chimney Rock
Looking north at new bridge over Brays at Chimney Rock
Looking WSW across same new bridge at Hillcroft. Note wide spans and wings designed to prevent erosion.
Looking WSW across same new bridge at Hillcroft. Note wide spans and wings designed to prevent erosion.
Looking NNE at Hilcroft and North Braeswood Blvd.
Looking NNE at Hilcroft and North Braeswood Blvd.

Stormwater Detention Basins

Arthur Storey Park at Beltway 8 West and Bellaire Blvd. Looking N toward Westchase District.
 Southern part of same park. Looking NE across BW8 West.
Southern part of same park. Looking NE across BW8 West.
Willow Water Hole
One of the five compartments in the Willow Water Hole Stormwater Detention Basin near S. Post Oak and US 90.
Two northeastern compartments within Willow Water Hole complex on either side of South Post Oak Road.
From page 57 of HCFCD 2019 Federal BriefingNote all of the projects recently funded, completed or under construction.

Projects like Brays don’t happen spontaneously. This took decades of planning and collaboration. So, we should all remember that progress in flood mitigation can sometimes take decades. And that public safety requires reaching across party lines and generations.

For more information, visit www.projectbrays.org.

Posted by Bob Rehak on 5/26/22

1731 Days since Hurricane Harvey

NHC Predicts Above-Normal 2022 Atlantic Hurricane Season

On May 24, the National Hurricane Center (NHC) issued its forecast for the 2022 Atlantic hurricane season. NHC expects an above-average hurricane season for the seventh year in a row. They say an ongoing La Niña and above-average sea surface temperatures set the stage for a busy season. NHC’s predictions reinforce the forecast issued last month by Colorado State University.

From the National Hurricane Center

In case you missed that post, CSU predicted:

  • Named Storms: 19
  • Hurricanes: 9
  • Major Hurricanes: 4

Each of those numbers falls within the ranges shown above by NHC.

Seventh Consecutive Above-Average Season

Heat Map showing variation from normal for May 24, 2022. Source: NOAA. Note higher than normal temps in Gulf, Atlantic and most of Caribbean.

If NOAA predictions prove true, 2022 would make the seventh consecutive above-average hurricane season.

NOAA’s outlook for the 2022 Atlantic hurricane season, which extends from June 1 to November 30, predicts a:

  • 65% chance of an above-normal season
  • 25% chance of a near-normal season
  • 10% chance of a below-normal season.

For the 2022 hurricane season, NOAA is forecasting a likely range of 14 to 21 named storms (winds of 39 mph or higher), of which 6 to 10 could become hurricanes (winds of 74 mph or higher), including 3 to 6 major hurricanes (category 3, 4 or 5; with winds of 111 mph or higher). NOAA provides these ranges with a 70% confidence.

NOAA’s Climate Prediction Center will update the 2022 Atlantic seasonal outlook in early August, just prior to the historical peak of the season. 

The 2022 hurricane outlook is not a “landfall forecast.”

NOAA Enhances Products and Services

NOAA Administrator Rick Spinrad, Ph.D. emphasized that NOAA’s forecasting accuracy continues to improve. The agency has enhanced the following products and services this hurricane season:

Start Preparing Now

FEMA Administrator Deanne Criswell said, “It’s important for everyone to understand their risk and take proactive steps to get ready now.” Some tips:

  • Visit Ready.gov for preparedness tips on what to do before, during and after a flood.
  • Have several ways to receive alerts.
  • Download the FEMA app and receive real-time alerts from the National Weather Service for up to five locations nationwide. 
  • Sign up for community alerts in your area and be aware of the Emergency Alert System (EAS) and Wireless Emergency Alert (WEA), which require no sign up.

Posted by Bob Rehak on 5/25/22 based on information from the National Hurricane Center and Ready.Gov

1730 Days since Hurricane Harvey

Why You Build Detention Ponds First

A best practice in the construction industry is to build detention ponds before you clear all the land. In Elm Grove and North Kingwood Forest, we saw what can happen when you don’t. Contractors cleared 277-acres before installing sufficient detention pond capacity. The result: hundreds of homes flooded needlessly. Twice. And silt poured into Taylor Gully which had to be excavated at public expense.

Staging Construction, Temporary Seeding, Mulching Not Used to Reduce Sedimentation

Harris County Stormwater Quality Management Regulations discourage clearcutting large sites all at once. See section 4.2.3.1, Stormwater Pollution Prevention (SWPPP) During Construction. The text states, “The clearing, grubbing and scalping (mass clearing or grading) of excessively large areas of land at one time promotes erosion and sedimentation problems. On the areas where disturbance takes place the site designer should consider staging construction [emphasis added], temporary seeding and/or temporary mulching as a technique to reduce erosion. Staging construction involves stabilizing one part of the site before disturbing another [emphasis added].“

But those rules don’t apply in Montgomery County. So you often see developers trying to build detention ponds as they build (or even after they build) the rest of the site.

Case in Point: Preserve at Woodridge

Such is the case at the Preserve at Woodridge…which promises “resort-style amenities.”

Preserve at Woodridge on 5/22/22. Eighty-five of 131 rental homes now under construction. That’s two thirdsbefore the detention pond is built.

Plans show that more houses will go in on the right.

Meanwhile, compare the detention ponds below. One is a white, chalky mess with dirt still piled around the edges. The other: pretty clean. Of course, residents pay to keep it that way.

Preserve at Woodridge is in bottom left and Woodridge Forest is in upper part of frame. Notice the difference in the water color in the detention ponds.
Contractors have excavated additional dirt from the detention pond (mounded around edges and at left) to bring in clay to form a liner.

The sad part of this: downstream residents will pay the price. And because this is another development just north of the county line, that will be Kingwood. The last time, the developer pumped stormwater into the drainage ditch, the silt traveled miles down Ben’s Branch.

Why Bring In Clay?

I asked an expert in floodwater detention basin construction, why the developer would bring in clay? The answer: “To create a wet-bottom pond.” Developers sell those as residential amenities. I applaud that. But my point is this. Had they completed the detention pond first, it could have been growing grass to reduce sedimentation while they developed the rest of the property. That approach seemed to work well at the New Caney High School ISD West Fork High School.

The detention pond at the New Caney West Fork High School had already been mowed when they began pouring concrete. Photo from March 2021.

Lest you think I’m a MoCo basher, let me point out this. The detention pond above is also in MoCo.

Posted by Bob Rehak on 5/24/22

1729 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.

Editorial: Last Day for Runoff Voting Tuesday

If flood risk still concerns you, remember to vote on Tuesday in the runoff election for Harris County Judge. Current Judge Lina Hidalgo has already won the Democratic primary. But two formidable competitors still vie for the Republican nomination.

At Stake: Shifting the Balance of Power in Commissioners Court

Winning the county judge position back represents the fastest way for Republicans to swing the balance of power in Commissioners Court.

Right now, Harris County has three Democrats and two Republicans. The Democrats vote as a block on virtually every topic in every meeting. That power has shifted massive amounts of flood mitigation money to their inner city strongholds away from outlying neighborhoods.

Lack of Equity Seen in Flood-Mitigation Spending

For instance, Harris County Flood Control District currently has $226,000,000 in active capital improvement projects underway. But only $2,000 of that total is currently deployed in the Lake Houston Area. Yet historically, Lake Houston has been one of the most heavily flood-damaged parts of the county.

historical flood loss map of Harris County after Hurricane Harvey
Flood loss map of Harris County updated after Hurricane Harvey: Source MaapNext.org. This map shows where all flooding claims have occurred throughout the county since 1978. 

This massive shift in funding comes in the name of “equity.” But less than one thousandth of one percent hardly seems equitable. That’s right, the Lake Houston Area gets 0.0008% of total flood-mitigation construction spending. That’s not equity! That’s hijacking.

Commissioner Rodney Ellis constantly tells his constituents that Kingwood gets all the money and that poorer neighborhoods get none. In reality, low-to-moderate income watersheds (one third of all watersheds) have received almost two thirds of all Flood Control spending since 2000.

Commissioner Adrian Garcia wants to fix 500-year flooding in poor neighborhoods before 2-year flooding in more affluent neighborhoods.

Garcia also tried to cancel $191 million of flood-mitigation projects in the Cedar Bayou watershed and shift the money to areas inside his newly redrawn Precinct 2.

The three Democrats have run off the heads of 20 out of 24 Harris County Departments. Their hatchet men have also run off multiple layers of management underneath the heads, leaving much of the county rudderless.

As a result, it takes longer to get things done. Case in point, the Community Flood Resilience Task Force requested data that would show the level of risk in each watershed more than a year ago. Now we’re told, we probably won’t see it until after the election.

Republicans Put Up Two Strong Competitors in Runoff

So, for whom should you vote for County Judge if you’re a Republican?

Republics have two excellent candidates: Alexandra del Moral Mealer and Vidal Martinez.

Mealer is a West Point graduate who commanded a bomb squad in Afghanistan. After serving her country, she earned MBA and law degrees from Harvard before going into banking. She structured billion-dollar, oil-and-gas deals as a VP for one of the nation’s largest banks. She and her husband have two young children.

Martinez has one of the most enviable resumes you will ever see. He, too, has a law degree. Martinez has been on the board of Methodist Hospital for three decades. He also served as a federal prosecutor, a Port Authority Commissioner and UH regent. And because he has been around longer, he knows all the players in Harris County politics.

Alexandra del Moral Mealer (left) and Vidal Martinez (right), candidates in Republic runoff election for Harris County Judge.

Both have an impressive list of endorsements. Both see crime and flooding as major issues.

In the primary, Mealer had more votes. She received 50,000 to Martinez’ 44,000. But the race had seven other people in the running.

Can Either Beat Hidalgo?

As the incumbent, Hidalgo easily won her party’s nomination in March with 114,000 votes. But that doesn’t mean Hidalgo is a shoe-in come November. The Republican vote was split nine ways in March. Note, however, that 10,000 more people voted for a Republican Judge candidate than a Democratic one.

In the 2018 election for county judge, Hidalgo won 49.8% of the votes compared to Ed Emmett’s 48.2%.

Hidalgo received 595,000 votes to Emmett’s 575,000. So, she won by 20,000 votes. But out of her 595,000, 105,000 were straight ticket votes, which are no longer allowed.

Also consider that Hidalgo’s administration has been plagued by crime, cronyism, waste and scandals. She will have an uphill battle in November.

Which Issues Are Most Important to You?

I can’t tell you whom to vote for. The decision is complex. Different people have different priorities. I’ve had a chance to spend two to three hours one-on-one with each candidate.

Both feel solid. Both are brilliant. And both are straight shooters. It’s a shame that so much of the advertising in this race has gone negative. That can only damage Republican chances in November.

If flooding remains one of your highest priorities, here are interviews with each of the Republican candidates on that topic.

Just make sure you vote Tuesday, if you did not vote early already.

Remember: if you didn’t vote in the primary in March, you can still vote in the runoff. But if you did vote in March, you must vote in the same party’s runoff.

Posted by Bob Rehak on 5/23/22

1728 Days since Hurricane Harvey

RV Resort Still Leaking Stormwater into County Park

The detention basin at the Laurel Springs RV Resort was supposed to have been a dry-bottom pond. Despite one of the driest springs on record, it’s still holding water. And it’s still leaking into Harris County Precinct 3’s Edgewater Park. Despite:

History of Discharges

The leak in question is in the exact place where contractors dug a trench through the south wall of the detention pond. They discharged silt that spread out for hundreds of feet into the wetlands of the park. Then they laid pipes in the trench and covered them up.

But somehow silty, oily stormwater still seems to be escaping into the wetlands from where the pipes were.

5/15/22
Photo taken 5/15/22. Leak in same area where trench and pipes were.
Close up cropped from shot above. Note ripples on rushing water.
5/22/22
Same area photographed again on 5/22/22.
Close up cropped from 5/22/22 shot. Again note running water and oily film on it.

One wonders why the pumps in the approved drains are still not working. See bottom center in photo below.

Laurel Springs RV leaking pond
Wide shot taken from over Laurel Springs Lane on 5/22/22 showing location of approved drain (bottom center) and extent of construction.
Forms being laid for next concrete pour. Will there be enough space between RV slots to open doors? Picture taken from over railroad tracks.

Obviously, from all the standing water, they still have a little work left to do on drainage.

Still No Replacement Trees Planted

Photo taken on 5/18/2022 showing swath of trees that contractors cut in county park (left).

The developer also has a lot of work to do replanting trees. Note the wide swath outside the fence in the photo above that stretches for approximately 750 feet. That’s where the contractor destroyed trees in the county park.

Posted by Bob Rehak on 5/22/2022

1727 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.