The High Price of Admission for Political Theater

Those who watched Harris County Commissioners Court on Tuesday, 8/2/22, soon realized they were in for some gripping political theater. The meeting started with a parade of 60 people making public comments. They took up more than three hours. It felt like the vast majority spoke in favor of Adrian Garcia’s proposed new $1.2 billion bond. And of those, the vast majority were Sheriff’s Deputies from a department Garcia once headed. Not one constable appeared.

Adrian Garcia
File photo of Adrian Garcia, Precinct 2 Commissioner.

The speakers may have been describing real needs. But if the needs were really that critical, why did the deputies never complain before? I find so many sudden and simultaneous complaints highly suspicious, as if someone orchestrated them.

But it wasn’t just the orchestration that raised questions about Garcia’s $1.2 billion bond proposal.

Conflicting Cues

Conflicting cues throughout the day left me doubting and distrustful. The pieces just didn’t add up. The performers in this melodrama stumbled all over each other – for more than five hours in total if you include the debate time on Garcia’s bond motion.

  • Neither Hidalgo, Ellis, Garcia, the County Administrator, nor Budget Director could actually name one project where the money would go, despite previous promises to at least compile a list of flagship projects.
  • If needs are so glaring, compiling a list should be quick and easy.
  • During the debate, it came out that much of the money from the 2015 bond program still has not been spent. That raised the question, “Why do we need another bond?”
  • The County Administrator and Budget Director claimed the bond would not increase property tax rates. But they did not calculate the impact of skyrocketing valuations and their impact on the total cost of tax payments – at a time when personal income can’t keep pace with inflation and food banks can’t keep pace with demand.
  • As if on cue, Hidalgo, Ellis and Garcia repeatedly said the money would go to the “worst areas first.” But they refused to define “worst.”
  • Neither Ellis nor Garcia mentioned the $1.25 billion collected by the City of Houston in drainage fees during the last decade or how their Precincts largely overlap with the City and other municipalities. The cities are supposed to foot the bill for drainage and street repairs within their boundaries. The County focuses on unincorporated areas.

Red “Equity” Flags

Ellis also spoke of the need to apply “equity” guidelines to Garcia’s new $1.2 billion bond proposal.

Ellis openly bragged that he had a behind-the-scenes agreement to define “equity” in the 2018 flood bond in a way that the flood-bond language did not disclose. That made one wonder whether the three Democrats would play similar word tricks with voters in this bond.

In the middle of all this, a consultant presented a compensation survey of county employees. Ellis and others suggested that “equity” guidelines should apply to low salaries and that the county should cap high salaries. No one ever addressed “pay for performance.”

The Court voted 3-2 to allocate $220 million from the bond to the two Republican-leaning precincts, leaving $380 million each for Garcia and Ellis.

Connecting a lot of dots in this rambling meeting, I started to feel that the $1.2 billion was Garcia’s attempt to secure a slush fund for political patronage workers, vendors, and pet projects that would shore up his re-election chances. Could that be why he pushed so hard to put this on the ballot this year rather than next?

Many Unanswered Questions

In a previous meeting, Garcia threatened to withhold money from Republican-leaning precincts if their commissioners did not support his bond.

  • Why use such threats if you plan to distribute money fairly?
  • And if you plan to distribute the money fairly, why not disclose the methodology?
  • Why spring this on people two months before the election?
  • What’s the resistance to identifying projects?
  • How could you even determine the “worst” without a list of competing projects?

It would only take a few more months to put together a plan based on a list of needed projects. Then we could see what the actual costs were and vote on an appropriate amount of money.

Show Me the Costs and Benefits

In marketing, you always try to create a perception of value against which you sell. It appears Garcia, Ellis and Hidalgo have decided to bypass that step when selling this bond proposal.

I personally don’t plan to vote FOR another bond until I start seeing some benefit from the last two. Especially when there’s no guarantee how, where, or on what the money will be spent.

The cost of this political drama could average $1000 just in principle – PLUS interest – for every homeowner in Harris County.

That’s the high price of admission to political theater.

Before I shell out that kind of money, I at least want to know what the play is about. Let’s slow this down and figure that out.

Posted by Bob Rehak on 8/7/22

1804 Days since Hurricane Harvey

August Flood Digest: Brief Summaries of Nine Items in the News

Here’s a short digest of nine flood-related items in the news this month.

Fifth Anniversary of Harvey

This month marks the fifth anniversary of Hurricane Harvey. It’s hard to pinpoint an exact day for Harvey. The system moved off of Africa on August 13, 2017. It became a tropical storm on the 17th; moved into the Gulf on the 22nd; became a Cat 4 hurricane; and made landfall at Port Aransas on the 25th. The outer bands reached Harris County on the 26th.

Harvey dumped heavy rain over Houston for four days. It started moving back offshore on the 29th and 30th. Ninety percent of the river forecast points in southeast Texas reached flood stage; forty-six percent reached new record levels. Harvey dumped more rain than any storm in the history of North America. For more information, see the Hurricane Harvey tab on the Reports Page.

West Fork San Jacinto During Harvey. Looking NE toward Kingwood from the Townsend Park N Ride.

New SJRA Director From Lake Conroe

Most flooding in the Lake Houston Area during Harvey happened after the SJRA started releasing 79,000 cubic feet per second (CFS) from Lake Conroe to save homes there. Many Lake-Houston-Area residents blamed the absence of downstream representation on the SJRA board for what they saw as disregard for their property.

After touring the extensive damage by helicopter, Governor Abbott appointed two Lake-Houston-Area residents (Kaaren Cambio and Mark Micheletti) to the seven-person board. Cambio later resigned to avoid a conflict of interest when she joined Congressman Dan Crenshaw’s staff. Last month, the Governor appointed a Lake Conroe resident to fill her vacancy, Stephanie Johnson. That now leaves Micheletti as the lone downstream representative.

Lone Star Groundwater Conservation District Elections

Sometimes it seems that the main requirements for membership on the LSGCD board are half a brain, a willingness to kiss Simon Sequiera’s ring and indifference to science. Sequiera owns Quadvest, the largest private groundwater pumping company in Montgomery County. And excessive groundwater pumping in MoCo has been linked to subsidence and flooding. But concerned citizens will have a chance to take back the LSGCD board from a slate of directors backed by Sequiera. The deadline for applying is August 22. This page on the LSGCD site is all about the election and how to file if you are interested.

Edgewater Park

Harris County Precinct 3 is trying to jumpstart the development of Edgewater Park at 59 and the San Jacinto West Fork. The county has stated it is hiring a new consultant to re-design the park and that construction could begin 1 to 2 years from now. Quiddity Engineering will get the nod. The project will provide a boat launch, an additional park for the Humble/Kingwood Area, and a connection to the Spring Creek Greenway hike and bike trail. Quiddity’s contract will cover design, engineering, and other pre-construction expenses. Quiddity is the new name for Jones and Carter.

Houston Planning & Development Department News

The Planning and Development Department has a new initiative called Livable Places. The objective: create more housing options for Houstonians. The four options they visualize all increase housing density and impervious cover. I wrote them asking, “Won’t that increase flooding?” In essence, they said, “But it may help other places stay green.” True. But that’s not going to help flooding in the City much. Wasn’t our Drainage Fee designed to provide an incentive to REDUCE impervious cover. Oh well. These are different times. Can we get our drainage fees back now?

Flood Tunnels

Harris County Flood Control District (HCFCD) released Phase 2 of its $30 billion flood tunnel study last month – along with a recommendation to study the recommendations in more detail. The current plan for Phase 3 is to spend the next 4-6 months:

  • Working with the Army Corps to explore possible federal involvement
  • Scoping the Phase 3 study
  • Beginning procurement.

HCFCD hopes to start Phase 3 in early 2023. Said Scott Elmer, P.E. CFM and Assistant Director of Operations for HCFCD, “We expect it to take approximately 3 years to complete.” For the complete Phase 2 study, click here.

GLO HARP Program Deadline

The Texas General Land Office (GLO) announced that applications for its Homeowner Assistance and Reimbursement Program (HARP) will close at 5 p.m. on Aug. 31, 2022. Those include applications for repairs/rebuilds from Tropical Storm Imelda in 2019. To be eligible, you must submit applications by the deadline … unless funding runs out first. So hurry. 

The program includes repair or reconstruction of owner-occupied single-family homes and reimbursement up to $50,000 for certain out-of-pocket expenses incurred for reconstruction, rehabilitation, or mitigation. Repayment of SBA loans is also eligible for reimbursement.

The GLO has $71,604,000 to help residents of Harris, Chambers, Liberty, Jefferson, Montgomery, Orange, and San Jacinto counties. HARP is only available for a primary residences, not second homes. Interested homeowners should visit recovery.texas.gov/harp to apply online or download an application.

Harris County Attrition and Pay Reports

As reported in April, the loss of employees and managers in dozens of Harris County departments has created a brain drain that impacts delivery of county services. On Tuesday, 8/2/22, Commissioners considered two related reports. The first had to do with attrition. The second had to do with pay and benefits.

Commissioners did not discuss the first, but they did discuss the second at length. They also voted unanimously to have the Office of Management and Budget investigate pay disparities. Certain commissioners wanted to apply equity guidelines to low-paid employees and freeze pay for those making more. I didn’t hear the words “Pay for Performance” once during the discussion.

In the end, commissioners recommended having HR create a job architecture, pay structure, and new evaluations that would determine pay increases or freezes. More in future posts.

New Bond Package

Discussion of a new $1.2 billion bond package consumed the last 90 minutes of commissioners court this week. The County Administrator still cannot say where the money is actually needed. Commissioners Adrian Garcia and Rodney Ellis want to apply equity guidelines to this bond. And neither wants to say which projects they would spend the money on. Garcia even threatened in a previous meeting that Republican-leaning precincts would not get ANY of the money if their commissioners voted NO on the bond.

When Hidalgo suggested guidelines for distribution of the money, Garcia stomped out of the meeting. He later reluctantly agreed to a split that would give his precinct and Ellis’ $380 million each while Republican precincts would get only $220 million each.

During the debate, it came out that much of the money from the 2015 bond program still has not been spent. That raised the question, “Why do we need another bond?”

Bragging About Trickery on One Bond While Pitching Another

Also, Commissioner Rodney Ellis publicly bragged that he purposefully didn’t define “equity” in the 2018 flood bond. “It was side language,” he said. “It was not in the language that was on the ballot, but that was the side agreement we agreed to.”

Ellis later said, “Those poor neighborhoods are the ones who have gotten the short end of the process.” But the HCFCD July flood-bond update shows that Halls, Greens, White Oak, Brays and Hunting Bayou Watersheds have received $400 million out of the $1 billion spent to date from the flood bond. Twenty percent of the watersheds are getting 40% of the money. Short end?

I personally don’t plan to vote for another bond until I start seeing some benefit from the last two. Especially when there’s no guarantee how, where or on what the money will be spent. To me, this looks like a $1.2 billion dollar slush fund for Garcia and Ellis.

Posted by Bob Rehak on 8/6/22

1803 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.

Flood Bond, MAAPnext Updates Show Projects Slowing

Two new updates provided to Harris County Commissioners on Tuesday 8/2/22 show progress on the 2018-flood-bond and MAAPnext slowing compared to previous estimates.

Flood-Bond Progress

In many ways, the Harris County Flood Control District (HCFCD) Flood-Bond Progress Reports are a model of government transparency. They provide detailed information, even when the news is not all good. The most recent flood-bond update showed that HCFCD:

  • Awarded one more construction contract during July. The count increased from 46 to 47.
  • Awarded 5 new agreements, down from 11 the previous month.
  • Spent only $8 million on bond projects including:
    • $1 million dollars in grant money – $368 million total up from $367 million the previous month.
    • $6 million in bond funds – $551 million total up from $545 the previous month.
    • $1 million in local funds – $141 million total up from $140 million the previous month.
  • Completed 0.2% more of the projects in the bond – 22% up from 21.8%.
  • Finished 21 more buyouts – 802 up from 781.
  • Stayed at .97 on the Key Performance Indicator Scale – slightly behind schedule.
Step by Step, Project by Project

Updates also show the progress of each bond project in the form of detailed GANNT charts. Check pages 4-9 to see projects in your watershed.

For full report in high-resolution PDF format, click here.
Watershed by Watershed

The next two pages show the amounts spent and funded to date in each watershed. These maps give readers a good idea of where the money goes. Draw your own conclusions and remember the map below when certain politicians tell you some watersheds don’t get anything.

Screen Capture from Page 10 of Full Report
Active Construction

The last two pages describe updates on active maintenance and construction projects with spending on each. They show that – five years after Harvey – the Lake Houston Area still has only two active capital projects in construction. Both are excavation and removal contracts for $1000 each.

Pace of Projects Slowing

From looking at these reports month after month, it feels as though the pace of activity has slowed. We’re 40% of the way through the 10-year flood bond in terms of time, but only 22% complete. The gap is getting wider. Worse…

At the rate of $8 million per month, it would take 500 months to spend the next $4 billion in the bond.

That’s more than 40 years, not the 10 originally planned. We need explanation. But HCFCD executives were not immediately available to provide it due to travel schedules. I will follow up.

MAAPnext Progress

MAAPnext is the county’s effort to update flood-risk maps in the wake of Harvey. There’s not much new to report.

The timeline has slipped three months. In earlier updates, HCFCD indicated new maps would be released in spring/summer this year. Now, the target has slipped to summer/fall. A large portion of the update consisted of trying to explain why. In a sentence, “We’re waiting on FEMA.”

So I tried contacting FEMA. But FEMA could not provide a more precise estimate.

Harris County followed standard practice by submitting its findings to FEMA prior to public release. FEMA is currently reviewing all data and models. It is also producing preliminary Flood Insurance Rate Maps (FIRMS) based on those models. The data will help determine flood insurance premiums as FEMA moves to an actuarial-based system called Risk Rating 2.0.

Next Steps

When FEMA is ready, it will first brief community officials and floodplain administrators, and give them access to preliminary data. Shortly thereafter, FEMA and HCFCD will hold a series of open houses to brief the public. Public comment periods and appeals follow.

So, at best, the new maps will be released in 2024, seven years after Harvey. That’s fairly consistent with the length of time it took to finalize new flood maps after Tropical Storm Allison in 2001. Those maps became official on 6/17/2007.

But this process is far more complex because of Risk Rating 2.0. It includes individual flood-risk assessments for millions of homes. And that risk assessment will now also include street flooding, not just coastal and riverine flooding.

Posted by Bob Rehak on 8/5/2022

1802 Days since Hurricane Harvey

All Parties Still Focused on Finding Solution for Adding Flood Gates to Lake Houston Dam

Initial options that the City of Houston explored for adding more flood gates to the Lake Houston Dam struggled to achieve a high enough Benefit/Cost Ratio. However, all parties involved are still hopeful that a solution can be found. They are now evaluating yet another option. It would add gates in the earthen (eastern) portion of the dam.

Looking south over eastern portion of Lake Houston Dam at area under consideration for five new tainter gates. The spillway is out of frame to the right. Picture taken on 7/22/22.

More Gates Would Create More Room For Floodwaters

Flooding devasted the entire Lake Houston Area during Harvey. Since then, Mayor Pro Tem Dave Martin has led an effort to find a way to lower the lake faster in advance of a storm. This would create extra room in the lake for floodwaters. And that would reduce the risk of flooding homes and businesses around it.

Currently, the dam has a fixed height spillway. That makes releasing water in advance of a storm difficult. The dam does have several small gates, but they have only 1/15th the release capacity of the gates on Lake Conroe. Adding more gates would help release water faster…to keep up with water coming downstream.

It would also let managers wait to start a release until they were certain a storm would not veer away. That would help avoid wasting water if forecasts are not accurate.

The Dual-Role Dilemma

The City built Lake Houston in 1953 to supply water. Making the dam play two roles – water supply and flood mitigation – poses a challenge.

In 2017, immediately after Hurricane Harvey, Martin began leading the effort to transform the dam to play a dual role. This would let Lake Houston provide our region with needed drinking water and reduce flood risk. 

New Timeline Longer Than Hoped, But Still Shorter Than Usual

A project of this magnitude normally takes up to twelve years. However, Martin worked with federal, state, and local officials to shorten the timeline. Martin now hopes the project will take no longer than seven years. While acknowledging that he hoped completion would happen in as little as five years, Martin also cites unexpected technical and cost challenges related to the aging dam.

Difficulty of Finding Best Alternative

The age of the Lake Houston Spillway, built in 1953, has proven to be a bigger obstacle than expected. Engineers initially proposed six different alternatives for adding different types of gates in different locations, with variations on several.

As engineers started precisely calculating costs and benefits of preferred approaches, they weighed those against environmental impacts, construction challenges, safety risks, and available budget.

During that process, engineers discovered hidden challenges with some options that initially looked promising. At this point, they have determined that all six initial options cost more than the federally funded amount of $48 million. 

A Complicated Path Forward

So now engineers are focusing on finding the optimal solution while Martin and others explore options to pay for it.

Martin says the City of Houston, Texas Division of Emergency Management and Federal Emergency Management Agency are working together to find the option with the highest Benefit to Cost Ratio (BCR). 

Acceptable BCRs for projects like this range from .75 to 1, according to Martin. Preliminary engineering studies found that two crest-gate alternatives (already evaluated) yielded only .48 – largely due to the aging structure of the existing spillway, which drove up costs. 

City Expects Answer on Latest Option Before October

Currently, the City has paused the final-design phase of the project while engineers evaluate Alternative 1A. That now consists of five new tainter-gates (not six or twelve as previously reported) on the earthen embankment east of the spillway. 

The comprehensive, final BCR analysis for the embankment alternative should be completed by the end of September 2022. The preliminary engineering report suggested the 1A alternative could reduce flood heights by half a foot for a cost of $47.3 million with a BCR of .89. So initially, on the surface, this appears feasible.

Martin Widens Search for Funding

While engineers work to find the best BCR, Martin is leading an effort with BOTH state and federal partners to find additional funding for the project. 

For instance, Martin is working with outgoing State Representative Dan Huberty and incoming State Representative Charles Cunningham to seek funds in the upcoming Texas Legislative Session. Martin says that state dollars do not require BCRs like federal dollars do.

While all the challenges would have discouraged many, Martin says they have fortified his resolve. He vows to find a path forward. Martin promises an update in his regular fall public meeting in October and hopes to have an attractive BCR for alternative 1A.

Interim Flood-Mitigation Measures Still In Place

In the meantime, the City of Houston will continue its existing Lake Houston pre-release strategy. It calls for lowering the lake when forecasters predict three or more inches of rain in the San Jacinto Watershed. Since Hurricane Harvey, the City has lowered the lake more than twenty times and successfully avoided flooding.

Thanks to Key Contributors 

Martin acknowledges the continuing contributions of Congressman Dan Crenshaw, Governor Greg Abbott, Lt. Governor Dan Patrick, Commissioner Tom Ramsey, State Representative Dan Huberty, State Representative-Elect Charles Cunningham, TDEM-Chief Nim Kidd, Mayor Sylvester Turner, Chief Recovery Officer Stephen Costello, and Harris County Flood Control District. 

Martin says, “All parties are committed to constructing these additional gates to help ensure protection against future flood events.”

Posted by Bob Rehak on 8/4/2022

1801 Days since Hurricane Harvey

TCEQ Finds Nothing Wrong With Preserve At Woodridge Construction

A TCEQ investigation found nothing wrong with construction practices at the Preserve at Woodridge despite photographic evidence.

On April 23, 2022, I received multiple complaints about silty stormwater in Bens Branch. I confirmed discoloration in the water and followed it upstream. The source appeared to be the Preserve at Woodridge on Woodridge Parkway opposite the new St. Martha church. Photos confirmed that contractors were:

  • Pumping the contents of their silty detention pond into a tributary of Bens Branch.
  • Piling dirt on neighboring property.
  • Not using silt fence along their southern boundary.
  • Not posting permits.

I then filed a complaint with the TCEQ. They investigated on June 21, 2022, almost two months later. And found nothing wrong.

Today, August 3, 2022, I received this letter confirming they found nothing wrong.

Letter from TCEQ. For a high-res PDF, click here.

Caught on Camera

My complaint was based on these photos (among others).

silty stormwater discharge
Stormwater discharge into Bens Branch from Preserve at Woodridge Forest.
preserve at Woodridge
Note pile of sediment in front of hose (bottom center).
silt from Preserve at Woodridge
Silty stormwater had migrated more than two miles down Bens Branch past Tree Lane.

I guess there was nothing wrong. Message received, TCEQ.

Posted by Bob Rehak on 8/3/2022

1800 Days since Hurricane Harvey

Last Forest Cove Townhome Now Down

Today, the last townhome in Forest Cove was demolished – 1799 days after Hurricane Harvey, the storm that left them uninhabitable.

As of 3PM today, only one small portion of one wall remained and the demolition crew was busy loading up the last debris into waiting trucks. I may take another day or two to remove foundations and concrete driveways. But this show is over.

All that remained as of 3PM 8/2/22
Excavator loads debris into waiting truck.

Before Demolition

How last complex looked on 2/24/22, before demolition.

The last complex was situated across from the Forest Cove pool on Marina Drive. 240,000 cubic feet per second coming down the West Fork during Harvey blew out doors, windows, stairs and portions of balconies. The homes became uninhabitable for structural reasons.

Photo taken on July 22, 2022 shows location of last complex relative to Forest Cove pool.

You would think that in such cases, buyouts would take little time. But some people reportedly fled mortgage obligations to avoid payments on homes they could no longer live in. Without forwarding addresses, Harris County Flood Control District (HCFCD) had no choice but to go through lengthy condemnation proceedings in several cases. And until every unit in a complex like the one above had been bought, HCFCD could not tear down the complex.

The buyout and demolition process lasted four years. It began in 2018 and the first complex came down in 2019. Two complexes burned down.

While the legal system sputtered through Covid, drug dealers, illegal dumpers, arsonists, and graffiti artists took over these buildings. But now the area can return to nature. HCFCD will use this area to help preserve the floodplain.

Thank You, HCFCD!

Thanks to the women and men of the Harris County Flood Control District and their contractors for their diligence. Today’s demolition will make a huge difference in the quality of life for everyone in Forest Cove. Residents’ pool, athletic fields and community room were in the middle of this area. Perhaps now it can be restored to a productive, recreational purpose.

There is still no word on plans for the area. The only thing we know is that the FEMA money used to buy out the Forest Cove townhomes came with strings attached. Specifically, no other “insurable structures” can every be built on the purchased property.

Posted by Bob Rehak on 8/2/2022

1799 Days since Hurricane Harvey

Mavera Clearing More Land West of FM1314

The Pulte Homes Mavera development at FM 1314 and SH 242 comprises approximately 2000 acres. Contractors first focused on clearing the 865 acres east of FM 1314. Photos taken on 7/22/2022 show they’re now also focusing on the 1150 acres west of FM 1314. Significant clearing in this western portion has already occurred. But more remains.

Map of Mavera At Ultimate Buildout

Map excerpted from developer’s 5/29/2020 memo to Montgomery County engineers.

Photos From West to East

Looking west from middle of western portion of Mavera. SH 242 in background. Channel drains into Crystal Creek which drains into West Fork San Jacinto by sand mine ponds in upper left.
Looking south from same position. SH 242 cuts left to right through upper middle of frame. Ponds in background are sand mines bordering the San Jacinto West Fork.
Looking east from same position at drainage coming from eastern portion of same development in distant background.
Moving farther east toward FM 1314. Still looking east. SH 242 cuts diagonally from middle right toward upper left.
Intersection of FM 1314 (bottom) and SH 242 (right). Looking east toward first section cleared and drained.
Eastern-most section of Mavera. Looking NE.

Hydrologic Timing Used to Reduce Detention Requirements

While Mavera will provide some linear detention in the main channel along with some small ponds, it relies heavily on a hydrologic timing study to avoid building all the floodwater detention capacity normally associated with a development of this size.

Hydrologic timing studies attempt to show that a development can get stormwater to a river, such as the West Fork, before the peak of a flood arrives. The theory: if you aren’t adding to the peak, you don’t need as much detention.

However, Harris County discourages the use of hydrologic timing. It encourages developers to get their water to the river as fast as possible. If enough developments do that, it can shift the peak. Regardless, Montgomery County still allows it.

In a hundred-year (1% annual chance) flood, this development claims it will not add to the peak. And therefore, it will have no adverse impact downstream. Yet it alone sends more than 16,300 cubic feet per second downstream toward West Fork sand mines and the Humble/Kingwood Area. That represents about 10% of the water that came down the West Fork during Harvey at this location.

Posted by Bob Rehak on 8/2/2022

1799 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.

Pipeline Repairs at LMI River Road Mine Need More Repair

In December 2019, I wrote about five HVL pipelines in a utility corridor crossing the LMI River Bend Mine on the San Jacinto West Fork. Erosion had undermined them badly, causing them to sag like clotheslines, as water moved toward the West Fork from one part of the mine to another.

December 2019. Pipelines exposed by erosion at LMI River Road Mine.

Readers filed complaints with the Mine Safety Administration. And soon, contractors started working on “a fix” for the problem, which had lingered for years. Repairs began in January. Then, in March 2020, I wrote about about completion of the repairs.

March 2020. Repairs included the installation of two culverts under pipelines and a concrete swale on top of the culverts.

The Warning Two Years Ago

But after looking at all the sediment spewing from the culverts, I warned that “one has to worry about them becoming clogged with sand and silt.” Below, see what the area below outfall looked like at the time.

LMI River Road Mine
At the time I captioned this image with “A big issue in the future may be sediment clogging the culverts.“

Today, Culverts Almost Totally Blocked

Today, the culverts look like this (see below). I took the images below on 7/22/22.

Culverts’ intakes almost totally blocked by sediment. Mine has not maintained them. Water flows from part of the mine on the left to another part on right.

Below, see how the culvert outfalls have also become clogged.

Outfall on West Fork side of culverts.
Wider shot. Note how more erosion is beginning on either side of the concrete repairs.

Repeat of Headward Erosion

The shot above illustrates the same type of headward erosion that started causing the safety problem in 2014.

LMI River Road Mine headward erosion through utility corridor
Satellite image of same area from April 2014

Is There A Long-Term Fix?

Short of maintaining one’s property to protect public safety, I’m not sure what the long-term solution is. In my opinion, the first obligation of these mines should be public safety. But that often seems like an afterthought.

Neighbors tell me that this mine no longer operates every day. Perhaps the owner, Liberty Materials Inc., is experiencing reduced demand for its product due to economic conditions.

Regardless of the reason, this problem illustrates the need for the TCEQ to stiffen abandonment procedures for sand mines. The thought of those pipelines rupturing highly volatile liquids during a future flood scares me. It should scare anyone who lives along the San Jacinto. What will happen when LMI is no longer here to maintain those culverts?

Posted by Bob Rehak on 8/1/2022

1798 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.

July Update: Woodridge Village Excavation Rate Slows Slightly

The pace of excavation and removal of up to 500,000 cubic yards of soil from Woodridge Village has slowed slightly in recent months. That may be due to rising interest rates, which have slowed housing starts. Contractors use excavated dirt to elevate homesites in new developments. But the Census Bureau says housing starts in June 2022 fell 6.3% below the June 2021 rate.

Woodridge Village Background

Woodridge Village was the failed 670-acre Perry Homes development that twice contributed to flooding hundreds of homes in Kingwood’s Elm Grove and North Kingwood Forest Villages in 2019. Harris County and the City of Houston bought the property in 2021 to help reduce flood risk. They plan to do this by building another detention basin.

Perry left the site about 40% short of the floodwater detention capacity needed to meet current Atlas-14 requirements. Since then, Harris County Flood Control District (HCFCD) entered into an “Excavation and Removal” contract (E&R) with Sprint Sand and Clay to begin removing additional soil. The goal: to get a head start on building an additional detention basin that would meet OR exceed Atlas-14 requirements.

Harris County Commissioners Court approved the contract with Sprint Sand and Clay on July 20, 2021. It obligates Sprint to remove at least 5000 cubic yards per month. Excavation started on January 27, 2022. 

During July, Sprint removed approximately 6,400 cubic yards of dirt.

HCFCD spokesperson Amy Stone

To date, Sprint has removed 48,860 yards of material. That’s 18,860 cubic yards more than the contract minimum for six months. And 1,400 cubic yards more than the minimum for July. So you can see that the rate of removal is dipping slightly.

At almost 50,000 cubic yards for 6 months (or 100,000 yards per year), it would take 5 years for Sprint to reach the maximum. However, by contract, Sprint has 36 months. If Sprint continues to average 6,000 cubic yards per month for another 30 months, it would remove a total of 229,000 cubic yards before the end of the contract term ([30×6000]+ 49,000). 

So at some point, Sprint will have to sprint to catch up if they want to remove all 500,00 cubic yards.

Recent Photos Show Growth of Basin

Here’s what the site looked like before and after July’s excavation activity.

End of June
Woodridge Village E&R as of 6/30/22
Excavation at end of June 2022. Note where the upper right boundary of the pit stops relative to the storm-sewer pipes at far right.

End of July

End of July 2022.
Looking south over eastern edge of pond. Newly excavated area is at left (darker dirt).

About E&R Contracts

E&R contracts provide a head start on construction of detention basins before completion of their final design. 

Sprint has agreed to remove up to half a million cubic yards of soil for only $1000. But it makes its money back by selling the soil for a profit on the open market. This provides virtually free excavation to taxpayers and virtually free raw material to Sprint. HCFCD has spent only $230 on the project so far. But the tradeoffs are speed and certainty.

The property above forms the headwaters of Taylor Gully. When HCFCD finishes its Taylor Gully study, things may change.

Final Needs Contingent on Outcome of Taylor Gully Study

HCFCD hired Idcus, Inc. in mid-2021 to develop up to five conceptual alternatives for modifying Taylor Gully. Scenarios may include:

  • Expanding Detention On Woodridge Village so that no channel improvements are necessary.
  • Determining amount of detention and channel improvements necessary to ensure no adverse impact all the way to Lake Houston.
  • Finding the optimum balance between maximum flood protection and minimum construction costs.
Deliverables include:
  • Channel and basin layouts
  • Estimates of benefits for various levels of storms (100-year, etc.)
  • Right-of-way requirements
  • Cost estimates for right-of-way acquisition, engineering and construction management.
  • Performance metrics, i.e., estimated acreage of land inundation, number of structures in floodplain, number of structures flooded and miles of inundated roadway.
  • A scoring matrix to rank alternatives.
The red dots show location of current excavation relative to entire scope of Idcus project, from yellow polygon on left to end of red line in forest on right.

Idcus should be done with the study soon. In the meantime, residents will have to settle for the virtually free head start we get.

Posted by Bob Rehak on 7/31/2022

1797 Days since Hurricane Harvey

1182 Days since May 7, 2019

1049 Days since TS Imelda

Tree Muggers for Tree Huggers: The Irony of Royal Pines

The “Tree Muggers” at the new Royal Pines subdivision in Montgomery County at the north end of West Lake Houston Parkway continue their relentless and remorseless destruction of trees. How ironic considering that the name implies the developer will market homes to Tree Huggers! Perhaps they:

  • Feel the name will blind customers to the reality.
  • Will offer to plant a ceremonial sapling at closing.

Houston Business Journal said Royal Pines will ultimately feature between 350 and 450 homes targeted at first-time home buyers.

Construction Status on 7/30/2022

Here’s what Royal Pines looked like at the end of July 2022.

Dead tree limbs stacked two stories high awaiting removal. Newly cleared area is at top of frame to the left of Country Colony in the upper right.
Higher angle shows proximity to the Triple PG sand mine in the background. White Oak Creek runs between the mine and the subdivision.
Looking NE toward Triple PG sand mine in background. The extent of clearing as of the end of July 2022.
Looking SSE across Royal Pines toward the current terminus of West Lake Houston Parkway.
Looking SW. The distant clearing is Woodridge Village where similar clearcutting contributed to the flooding of hundreds of homes in Elm Grove and North Kingwood Forest twice in 2019.
Same direction, but closer and higher. Note the contrast with previous development practices that tried to build homes among the trees.

Ever-Widening Clearing

Compare what the development looked like:



Tree Muggers’ Plans

The following links will show you the general plan and layouts for the first three sections:

Old Floodplain Maps Will Put Unsuspecting Buyers at Risk

Note the dotted lines that snake their way through the top of the development. Those represent the 100- and 500-year floodplains.

Notice how a large part of the development is in “Zone X (Shaded).” That’s the area between the limits of the base flood (100-year or 1% annual chance) and the 0.2-percent-annual-chance (or 500-year) flood. I counted more than 80 homes in that zone. I also see six already INSIDE the 100-year zone.

Keep in mind that these flood zones are based on PRE-Harvey estimates. FEMA shows that Montgomery County last mapped this area in 2014. When FEMA approves new POST-Harvey flood maps in the next few years, those zones will expand to take in more of the subdivision. 

In Harris County, MAAPnext is revising maps based on higher rainfall probability statistics and current changes in development. And a lot of development has occurred upstream of Royal Pines on White Oak Creek.

MAAPnext advises that, in general, new flood maps will show floodways expand into the 100-year flood zone and the 100-year expanding into 500-year by about 50%.

This is the same problem I talked about yesterday with the Kingland West development in Harris County at the Grand Parkway and the East Fork.

We won World War II in less time than it’s taking to release these new flood maps. Ironically, by the time they’re released, the Tree Muggers will have already invalidated the basis for the new maps. And thus, the cycle of flooding continues.

Posted by Bob Rehak on 7/30/2022

1797 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.