Texas Land-Use Trends: Major Changes Coming

A reader recently sent me a link to a fascinating conservation webinar by a group called Texan by Nature. It begins with an eye-opening presentation on Texas Land-Use Trends by Roel Lopez, Director of the Texas A&M Natural Resources Institute.

According to Lopez, Texas comprises 171 million acres. 95% of that is private and 83% rural.

Texas loses one square mile of working lands (farms/ranches) every day due to population increases.

Roel Lopez, Director, Texas A&M Natural Resources Institute

Biggest Intergenerational Transfer of Land Ever

A&M’s Lopez predicts the largest intergenerational transfer of rural land ever will take place in the next ten years. A minuscule 1% of Texans steward 141 million private acres. And a whopping 40% of rural landowners exceed 65 years of age. Fifty-six million acres (one third of the total) could change hands during in the next ten years, according to Lopez.

The people who buy those lands may not have the same priorities as the previous generation. Rapid growth and a strong economy create increased demand for rural land. And high land values create incentives to subdivide and sell.

So conversion of the land could result in a loss of food, fiber and water supplies, says Lopez. He calculates that every day, that one square mile of land lost results in 20,000 fewer steak dinners produced, 10,000 blue jeans not made, and 91 water towers not filled.

Lopez doesn’t specifically address flooding issues, but it doesn’t take a genius to connect those dots.

Screen capture from State of Texas Natural Resources held on Jan. 19, 2022 shows rapid rise in population placing pressure on land owners.

Pressure to Convert Land Puts Pressure on Forests, Wetlands

With the future of agriculture and human health dependent on private lands and their stewardship, and with so much pressure for elderly landowners and their heirs to cash in, we can expect rapid change.

As urban areas grow rapidly outward, the forests and wetlands that create natural buffers between people and floods could disappear rapidly.

Part of approximately 2500 acres cleared by Colony Ridge in Liberty County last year. These were once forests and wetlands.

To learn more about Texas land-use trends, visit the A&M Natural Resources Institute website.

Posted by Bob Rehak on 2/16/22 with thanks to Beth Leggieri

1632 Days since Hurricane Harvey

Why You Need Flood Insurance: Houston’s Long-Shot Harvey Reimbursement Program

The City of Houston’s latest pipeline report shows that as of the start of this year, Housing and Community Development’s Harvey Recovery Program had sent reimbursement checks to 150 homeowners out of 96,410 homes flooded during Harvey (see page 15). Quite the long shot! More than 1 in 600!

Homeowner Assistance Program data reported in City’s January Pipeline Report. Note total of reimbursement checks sent.

Program Ended More than Year Ago; Some Claims Still Being Processed

The City’s Reimbursement Program ended on December 31, 2020. At that time, the City had only reimbursed 119 families for repairs they made themselves. Claims still in the pipeline at that time explain the difference between 119 and 150.

One lucky Lake-Houston-Area homeowner recently emailed me saying his family had just cashed a reimbursement check – 4.5 years after Harvey. They won their THIRD appeal!

Reimbursements Not Only Form of Assistance

To be fair, The City offers more forms of assistance than reimbursements. The City also has rehab and reconstruction programs; homebuyer programs; a multi-family program targeted at developers and more (see below). Also keep in mind that this department underwent a major reorganization last year and now has new leadership.

Houston’s HCDD Harvey Recovery home page on Jan. 4, 2022. City has not updated it for 6 weeks. Screen capture above from 2/15/22.

However, the City still has a long way to go with financial transparency. Why, for instance, are subtotals not reported in the first screen capture above for recons, rehabs and reimbursements?

Flood Insurance Your Best Bet Next Time

The long-shot odds, lengthy application processing, bureaucratic delays and uncertain outcomes all underscore the need for flood insurance. Get a flood insurance contract in place before the next big storm and store it in a safe deposit box on HIGH GROUND. Don’t wait for help that will likely never come after the storm. Remember, ordinary homeowner insurance policies do not cover flood damage.

Posted by Bob Rehak on 2/15/2022

1631 Days after Hurricane Harvey

Harris County Attorney Threatens Lawsuit Against RV Resort Owner, Contractor

The Harris County Attorney has threatened the Laurel Springs RV Resort owner and contractor with a lawsuit. The Cease and Desist letter also includes, strangely enough, the Lakewood Cove Homeowners Association.

The County Attorney alleges the HOA owns the property on which the RV Resort is being built. However, the HOA claims it does not and believes their inclusion is an error.

The Harris County Appraisal District (HCAD) shows that LS RV Resort, LP bought the property on 9/22/21. HCAD’s ownership history goes back to 1985 and shows five previous owners. The Lakewood Cove HOA is not among them. Lakewood Cove started being built out around 2005.

Harris County Complaints

The County Attorney’s letter cites the following complaints. That the contractor, Higbie Ventures of Texas, Inc., and owner, LS RV Resort, LP:

Orange clay discharge in Edgewater Park wetlands after unpermitted discharge.

The County alleges trespass and destruction of county property. The trespass allegation may include trespass of bulldozers as well as trespass by water.

Photo taken 2/14/22 looking east toward Laurel Springs and Lakewood Cove along southern boundary of RV Resort. Edgewater Park is on right. The RV park property ends near the right edge of the detention pond, but trees contractors cleared trees well beyond that.
Looking south. 2/14/22 at 1PM. Contractors have been pulling dirt and debris back from Edgewater Park and piling it along wall of detention pond. Note ponding water still visible near trees in background.

In the photo above, the pipes laid through the wall were near the eroded area under water in the center of the frame. The developer has since spread dirt in this area to cover up the pipes, but no one who I have interviewed has seen the pipes being removed.

Harris County Demands

Harris County demands that the trespassing and discharges cease immediately and that the detention pond wall be repaired. The County also seeks damages and an injunction requiring the buried pipe to be removed.

The discharge was first documented on Saturday, 1/29/22 and the pipe installation on 1/31/22. The County Attorney’s letter is dated February 1, 2022.

Both Precinct 4 Parks Department and the Harris County Engineering Department inspected the site and documented damage.

Owner/Contractor Response

Since the County Attorney’s Cease and Desist letter, the contractor has worked to clear erosion and pull back debris from the County’s Edgewater Park. However, Higbie appears to have piled dirt in front of the inlet and outlet pipes without actually removing them. It’s unclear whether the pipes remain in the wall of the pond. No sources I have talked to have seen them removed and aerial images show that ponding water remains near the outlet location. It took three days to put the pipes in, so you would think it would take at least a day or two to take them out. But no such activity has been observed by many neighbors who have contacted me. However, the developer sometimes works at night.

HOA Status

Current Lakewood Cove HOA officers say they can find no record of ever having owned the RV property or of having an interest in it. The County Attorney (CA) has not returned their calls for two weeks. The CA did not return my call. Nor has the CA returned calls from Precinct 4 staff. I have not had time to obtain a title search. Let’s hope somebody at the County Attorney’s office can explain the alleged ownership issue with the HOA. And that the contractor removes the pipe from the pond wall (if it’s still there).

To see the County Attorney’s Cease and Desist Letter, click here.

Posted by Bob Rehak on 2/14/22

1630 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.

TCEQ Says RV Resort Discharge Not Allowed by Permit

The TCEQ says discharges of sediment-laden stormwater are not allowed across public or private property under the terms of its Construction General Permit.

Two weeks ago, I photographed contractors at the Laurel Springs RV Resort construction site discharging silty stormwater from its detention pond into the wetlands and cypress ponds of Harris County’s Precinct 4 Edgewater Park.

stormwater runoff discharge
Photographed on Saturday, January 29. Laurel Springs RV Resort dug a trench through the southern wall of its undersized detention pond to discharge silty stormwater onto public property at top of frame.

Not long after that, I photographed them laying pipe in the trench to create a permanent conduit for stormwater into the park.

Response From Texas Commission on Environmental Quality

So, I emailed the photos to people at the TCEQ responsible for water quality, Stormwater Pollution Prevention Plans, and Construction General Permits. I asked if their permit allowed them to discharge silty stormwater into Edgewater Park. The short answer: NO.

Earl Lott, Director of the Water Quality Division of the TCEQ wrote back a lengthy email. In it, he concluded…

“…[their] general permit does not give the permittee the right to use private or public property for conveyance of stormwater and certain non-stormwater discharges…”


Earl Lott, Director, TCEQ, Office of Water


CGP Covers Activities During Construction, SWP3 Prior to Construction

Mr. Lott also noted that “Large construction site operators must comply with the conditions of the stormwater Construction General Permit (CGP) TXR150000 under the Texas Pollutant Discharge Elimination System (TPDES) Program. The CGP requires construction operators to control pollutants in stormwater during construction activities. Construction site primary operators that disturb greater than one acre of land are required to develop a Stormwater Pollution Prevention Plan (SWP3) and implement best management practices (BMPs) prior to construction activities beginning.” [Emphasis added.]

“As part of the SWP3,” Lott continued, “a description of BMPs used to prevent and reduce pollution in stormwater must be included and the BMPs must be inspected and evaluated to determine the effectiveness of controlling stormwater leaving the property.”

“The SWP3 must include a description of any sediment control practices used to remove eroded soils from stormwater runoff, such as a sedimentation basin. These controls must minimize sediment discharges from the site,” said Lott. [Emphasis added.]

So what did the Laurel Springs RV Resort’s SWP3 and Permit obligate them to do? For the full text of this 162 page document, click here. (14 Meg Download). The first have of this document includes the SWP3. The second includes the permit to discharge under the Texas Pollution Discharge Elimination System. There are many redundancies between the two. I’ll cover the SWP3 today and the Permit another day.

Concerns About SWPPP Plan

I want to make it clear that Mr. Lott’s comments related only to discharges of stormwater into Edgewater Park. However, after reading the RV Resort’s SWP3 and Permit, I have personal concerns listed below. The TCEQ may or may not share them. The TCEQ has up to 60 days from the date of an initial complaint to file a full report.

Based on my observations, contractor performance does not match contractor promises in the SWP3 in many cases. Also, several key elements of the plan were left blank. And some claims were just plain false, misleading or erroneous.

Below is a list of my concerns. You may find others.

  1. The plan is undated and appears never to have been revised even though it should have been.
  2. Clearing started in October. As Lott said, the contractor should have put pollution prevention measures in place before construction, but didn’t.
  3. Page 15 – The discussion of runoff coefficients is misleading. If sand comprised the top 18 inches of soil, water would not still be ponding on the site. We’ve had less than an inch of rain in the last 20 days. It would appear that the contractor overstated the potential for water to infiltration.
  4. Pages 16 and 17 – Construction schedule left blank.
  5. Page 18 – Says locations of support activities are included, but blanks not filled in.
  6. Page 18 – Says no wetlands have been found near site when adjoining property is full of them.
  7. Page 18 – Can’t see where they planned temporary erosion control measures during construction. Until yesterday, they had no silt fencing along the southern property line and still have no along the western property line.
  8. Page 18 – No source listed for fill materials. They have used Sprint Sand & Clay. But Sprint’s contract prohibits them placing fill in the 500-year flood plain. I have photographed the contractor spreading Sprint fill into the 500-year area.
  9. Page 22 – Contractor lists the size of the site as 20 acres and claims 20 acres are sandy loam. But then he says 20 acres out of 20 acres is 74%. Hmmmm. No wonder he has six tax forfeitures in his past.
  10. Page 22 – Contractor relied on USDA’s Natural Resources Conservation Service (NRCS) for soil data. But NRCS says its data is invalid for a site of this size. It falls below the limits of resolution for NRCS sampling.
  11. Page 34 – Before clearing, contractor failed to mark the southern property line. Employees then cut down a corridor of trees approximately 50 feet wide for a distance of about 750 feet. Contractor then piled dirt in corridor which eroded into Edgewater Park.
  12. Page 40 – I can see no measures in use to slow down velocity of sheet flow.
  13. Page 40 – I can see no temporary erosion controls in place on portions of the site where they are no longer working.
  14. Page 41 – Exits have been mud pits so vehicles have tracked dirt out of the site and spread it into streets where it washes into storm sewers.
  15. Page 41 – They have perimeter protection installed only along one side and have even bypassed that.
  16. Page 42 – No protection of storm sewer inlets until yesterday (about 5 months late).
  17. Page 42 – They claim a sediment basin would put public safety as risk, but don’t explain why.
  18. Page 42 – Contractor should have drained the detention pond through a 24 inch reinforced concrete pipe leading to the City’s storm sewer system, but chose to use the wetlands in Edgewater Park instead.
  19. Page 43 – Says discharge of standing water into a storm sewer will not be allowed, but residents have photographed them doing it.
  20. Page 43 – Covers vehicles tracking dirt out of the site. It requires stabilized construction entrances and/or regular street sweeping. This is basic “good housekeeping” stuff that has been in short supply since this construction site found the spotlight.
  21. Page 44 – Says “No discharges of Stormwater…will take places under this SWPPP.” See photos above.
  22. Page 45 – Says “Maintenance and repairs will be conducted within 24 hours of inspection report.” But only in the last two days has the contractor started removing eroded dirt from the county’s park caused by the discharge weeks ago.
  23. Page 45 – Says “Sediment will be removed from sediment fences … before it reaches 50% of the above ground height of the barrier.” Sediment was placed against the new southern silt fence that already exceeds that height.
  24. Section 8 on page 45 requires the contractor to select the most effective erosion control measures for specific site conditions from a page-long list of options. The contractor chose NONE.

How To Report Violations to the TCEQ

I urge residents who live close to the RV Resort to read the SWPPP and report additional violations/problems to the TCEQ if they see them.

Posted by Bob Rehak on 2/13/22

1629 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.

RV Resort Contractor Cut Down Trees in County’s Edgewater Park

The contractors for the Laurel Springs RV Resort west of Lakewood Cove got a little overzealous with bulldozers. They killed up to 50 feet of mature trees in Harris County Precinct 4’s Edgewater Park along the entire property line. TCEQ and County inspectors visited the site last week and documented problems. According to one resident, the City also had inspectors there. Ever since, the contractors have been scrambling to correct problems, such as erosion, and to install pollution-prevention measures that should have been there months ago.

Mature Trees Hard to Replace

But some problems, like the trees will be hard to correct. It could take decades for newly planted trees to reach the height of the old ones.

It’s hard to say exactly how many square feet of trees were lost beyond the property. The distance varies along the southern perimeter of the RV site. But another resident and I, using a tape measure and eyeballs, estimated the damage extended into the park for up to 50 feet south of a surveyor’s stake at the southern property line. If the estimates are close, that would mean the contractor harvested almost an acre of County trees.

Attempts to Clean Up Site

Since a two-day shutdown after the discovery of contractors flooding Edgewater Park with silty stormwater, the construction site has bustled with activity. Some employees have continued laying pipe, spreading fill, and grading. Meanwhile, others try to fix problems pointed out by inspectors.

Yesterday, contractors tried to retrieve dirt that eroded into or was placed in Edgewater Park. Last night, they erected silt fence along most of the southern perimeter. The muck-retrieval team was still working this morning. The contractors created a new entrance with fresh bullrock. And they also placed silt filters in front of storm-sewer grates along Laurel Springs Lane.

Photos Show Extent of Tree Loss

The orange stake below represents the southernmost stake of the developer’s RV park. It lines up roughly with the southerns edge of the detention pond’s bank. Edgewater Park is to the left.

Photo taken yesterday, 2/11/22 from Laurel Springs Lane looking west. County’s Edgewater Park is left of stake.

The position of the orange stake in this wider shot lines up a little bit north of the left end of this traffic island in Laurel Springs Lane.

Note position of orange stake relative to tip of traffic island. Photo taken 2/11/2022.
Note where southern boundary would cross southern tip of traffic island on right – same place as in photo.
Note how far clearcut goes below southern tip of traffic island. Silt fence (placed last night) does not mark property boundary. It was placed where ground was dry enough to hold stakes, hence its irregular shape. Photo taken today, 2/12/22.
Photo taken 2/12/22. On the western edge of the property, the new silt fence lines up with the southern edge of the pond bank and a little bit north of the still-standing trees above the fence. Note the same trees in the first photo relative to the orange stake.

Had the silt fence been installed from the start of construction – as the Stormwater Pollution Prevention Plan said it should have been – perhaps contractors would not have cut down the trees.

Pipe Apparently Still Buried

After digging a trench in the southern wall of the pond to discharge silty stormwater into Edgewater Park at the top of the frame, contractors then buried a pipe to create a permanent conduit. They still have not removed it to my knowledge. I visit this site every day and would likely have noticed people working on that. But all I saw was some dirt placed in front of the inlet and outlet. If still embedded, leakage through the pipe could explain the continued presence of silty water below the pipe in the trees at the top of the frame.

Red line marks approximate path of pipe buried by contractors. Photo taken 2/12/22.

Sometimes trying to take shortcuts can cost you more money in the long run than you save. Developers and contractors often get away with things because neighbors rarely read plans and watch to make sure they are followed. The assumption is that regulators inspect these sites daily. They don’t. We just don’t have enough of them.

Tomorrow…details of the developer’s Stormwater Pollution Prevention Plan filed with the TCEQ. You definitely don’t want to miss that one.

Posted by Bob Rehak on 2/12/2022

1628 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.

Northpark Drive Closed Saturday 8PM to Sunday 4AM

Northpark Drive between Russell Palmer Drive and Loop 494 will be closed this Saturday night (2/12/22) from 8PM to Sunday 4AM.

Simultaneous Railroad and Ditch Maintenance

Northpark Drive looking east across 494 and railroad tracks. Note ponding water in ditch not moving farther down. Also note traffic backed up past Russell-Palmer. That’s 0.8 miles from the railroad tracks in the foreground. Photo was taken at 12:33PM on a Wednesday afternoon last July.
Northpark Drive looking west across Russell-Palmer Road. Note siltation in ditch.

Union Pacific will perform maintenance on the Northpark Drive railroad crossing. And Montgomery County will perform ditch maintenance in the median from 494 to Russell-Palmer. The coordinated effort will reduce disruption to the public.

Detour Map

During the closure, westbound traffic will be re-routed down Northpark and out Kingwood Drive.

Eastbound traffic will be rerouted down 494 to Kingwood Drive and then back north on Woodland Hills.

Mayor Pro Tem Dave Martin issued this traffic control plan with his press release.

Traffic detours in effect from 8PM Saturday through 4AM Sunday

Minimizing Traffic Delays

Since Union Pacific was shutting down the road anyway, Montgomery County Precinct 4 Commissioner Metts seized the opportunity de-litter and de-silt the ditch in the Northpark median between 494 and Russell-Palmer Drive. “Daytime/ weekday traffic in the area has become so heavy in recent years,” said Metts, “that it’s difficult to use heavy equipment. It causes major traffic problems and is dangerous for those working.”

Metts hopes to use the opportunity to improve drainage without causing unnecessary traffic delays.

Growth Pushing Ditch to Its Capacity Limit

In recent years, commercial growth has pushed the median ditch down Northpark to its limits. This will be welcome maintenance.

Water along this stretch of Northpark Drive flows toward the Kingwood Diversion Ditch behind the fireworks stand.

Posted by Bob Rehak on 2/11/22

1627 Days since Hurricane Harvey

Tornado Gone But Not Forgotten

At approximately 1:30 AM on January 9, 2022, a tornado swept through Kingwood. Hard hit areas included Forest Cove and Trailwood Villages. The supercells that spawned the EF-1 Tornado also dumped approximately 5 inches of rain that morning. When the rain stopped, I ventured out and found cleanup crews already clogging the streets. I drove through the same areas today to gage the progress of repairs.

Tornado Aftermath Remains

Many homes have been fixed, re-roofed and re-painted. But many blue tarps still remain. Roofers will not soon run out of business.

And I saw two empty foundations where it looked like homeowners decided to start over.

The scenes were a testament to the power of nature and the determination of humankind.

Among the memorable scenes that remain, these two stand out.

Top of tree has hung upside down on utility wire for a month.
tornado aftermath in forest cove
Home devastated by January tornado in Forest Cove.

Tornado, Like Harvey, a Defining Moment

To me, the first shot symbolizes the chaotic and capricious nature of a tornado.

And the second symbolizes the overwhelming heartbreak. A home sawed in half by a fallen tree. Torrential rains streaming through the breach. Ceilings caving in, destroying contents. Mangled garage door. Fallen timber. Sawed, but not removed. This was an ordeal that would have tested the strongest among us.

It reminds me of Harvey’s aftermath. As I drive around Kingwood, I still see reminders. Vacant homes. Ongoing repairs. Shops that remain empty. Businesses struggling to recover. Still.

Physical Vs. Emotional Recovery

The repairs may be over for most. But the financial and emotional scars will last a lifetime. Trials such as these become defining moments. For people. And for communities. They represent a fork in the tree of life. They can build character. Or destroy futures.

The temptation after making physical repairs is to repress the pain of the past and move on with life. But I hope we never forget those who still struggle.

Posted by Bob Rehak on February 10, 2022

1626 Days since Hurricane Harvey and 31 since the January Tornado

Dirt Excavated from Woodridge Being Used to Build Up Laurel Springs RV Resort

Sprint Sand & Clay, the company hired by Harris County Flood Control to excavate 500,000 cubic yards of dirt from Woodridge Village, began hauling some of it to the controversial Laurel Springs RV Resort near Lakewood Cove this morning.

Wake-Up Calls

My phone started blowing up before breakfast with dozens of complaints about Sprint truck traffic. So, I began investigating. I first went to the Woodridge Village site. Drone photos and on-the-ground observations revealed that Sprint was indeed hauling dirt from the Woodridge Village excavation site.

SW corner of Woodridge Village taken Wednesday 2.9.22. Sprint trucks line up to haul off dirt.

I followed one of the trucks all the way to Laurel Springs Lane where I observed it dumping its load. Along the way and at each end, I saw many more Sprint trucks – up to four at a time. There was a veritable parade of dump trucks making round trips along Woodland Hills Drive, Kingwood Drive, Chestnut Ridge, and Laurel Springs Lane.

Orange truck from above enters RV site several minutes later and turns toward detention pond.
The orange truck dumps its load just north of the pond near an area marked as the 500-year floodplain. Other equipment spreads it out.

Will Storm Drains Be Adequate?

Sprint trucks had also dumped dirt near a new “north entrance” to the site.

In the shot above, note the ponding water from 0.2 inches of rain more than a week ago. The contractor’s Stormwater Pollution Prevention Plan describes this soil as “silty sand” to a depth of 18 inches (Page 18).

They may want to recheck that before installing more storm drains.

Other Issues Noted Today

Most trucks that I observed used what has now become the “south” entrance. The fresh load of bullrock laid down days ago has already been covered with mud. That accounts for all the dirt tracked into the street.
While the storm sewers were still unprotected from dirt, at least a street sweeper was onsite today.
Another unprotected storm sewer and contractor taking water from City fire hydrant. Photo courtesy of Robin Seydewitz.
All the dump trucks I observed were this large size, not the kind that holds 10 cubic yards.

Good News/Bad News

The start of serious excavation at Woodridge Village comes as welcome news to the people of Elm Grove and North Kingwood Forest who flooded twice in 2019. However, it’s equally worrisome to the people of Forest Cove and Lakewood Cove. Many expressed concerns about potential flooding.

Risks from Building Up Land

Should existing residents be concerned about that? Yes, was the answer I got from one respected hydrologist who spoke on condition of anonymity. He likened the built-up area to a berm and said that “You don’t want a berm to stop overland sheet flow.”

The elevation survey shown below comes from the RV park’s Stormwater Pollution Prevention Plan. It shows that the land naturally slopes from northeast to southwest. Building up the RV property would definitely prevent water from the NE from flowing in that direction. Sheet flow would divert south along Laurel Springs and put an evacuation route at risk.

Survey shown in developer’s Stormwater Pollution Prevention Plan shows elevation going from 83.1 in the NE to 61.4 in the SW, a difference of more than 20 feet.

East to west along the southern boundary, the elevation drops from 67 feet at Laurel Springs to 61 feet near the railroad tracks.

Another risk is that sheet flow with nowhere else to go could back up Lakewood Cove storm sewers at the same time that the RV park is trying to pump water into them to compensate for its undersized detention pond.

Texas Water Code

Chapter 11.086 of the Texas Water Code covers situations like these.

If someone sustains water damage on their property due to a neighbor’s property, questions as to who may be liable may arise. Surface water runoff — most often caused by excess rainwater — is the common culprit. Texas law holds landowners responsible for damage to neighboring property due to diversion of surface water.

If you find the legal wording in the water code difficult to understand, visit this Texas State Law Library page for resources written in plainer English.

SWPPP Plan Good for Laugh-Out-Loud Moment

I received a copy of the RV Park’s SWPPP plan today from the TCEQ. Parts of it made me laugh out loud. For instance, the section about “Receiving Waters, Wetlands and Special Aquatic Sites” said:

“No existing wetlands or other special aquatic sites have been identified at or near this site [Emphasis added].”

Page 18 of Laurel Springs RV Park SWPPP prepared by Construction Eco Services

Obviously, they didn’t glance across the southern property line or consult the National Wetlands Database. I can’t wait to read the rest of this plan to uncover more gems.

From US Fish & Wildlife Service National Wetlands Inventory Mapper. The RV Park is going in just above the large green area labelled PF01A Future Edgewater Park.

Posted by Bob Rehak on 2/9/22

1625 Days since Hurricane Harvey

Making Informed Flood-Mitigation Funding Decisions: Partnership Dollars

Tonight, members of the Harris County Community Flood Resilience Task Force will vote whether and/or how to recommend changes to the equity funding formula for the third time in three years. On the table for discussion: partnership dollars.

One of the proposals under consideration is NOT to consider potential partnership funding. Said another way, taxpayers would pay for projects out of pocket rather than wait for federal and state dollars to filter down to the county level.

The main argument FOR this? Low-to-moderate income neighborhoods would not have to wait for HUD or FEMA dollars to begin construction.

The main argument AGAINST? Partnership dollars have funded roughly one-third of all flood-mitigation projects in Harris County since 2000.

So saying that you’ll bypass partnership dollars could eliminate one third of all flood-mitigation funding unless you want to increase taxes.

$1.15 billion out of $3.69 billion

Definition of Leverage

Partnership funding is the definition of leverage. A good example: last year, the county obtained $250 million for sediment removal in eight watersheds while putting up only $6.25 million. In that case, FEMA paid for most of the construction and the State (Texas Division of Emergency Management) paid for most of the local match.

Latest on HUD Money

A highly publicized setback in the Texas GLO competition for HUD funds last year delayed a recommended $750 million award to Harris County. The delay hurt, but there’s still hope. HUD did not reject the GLO application. They just said they needed additional documentation. The two agencies have met several times since. GLO has already started reformulating its proposal and expects a decision as early as next month.

Should We Turn Our Back on Hundreds of Millions?

So should the plan now be to turn our noses up at the $1.15 billion that the county has received in partnership dollars since 2000. Should we say, “Let’s go it alone!” from now on? Should we stand by while that money goes to other areas that need it less?

LMI Neighborhoods Would Be Hurt the Most

Another argument proposed for ignoring the partnership funding: it disadvantages LMI neighborhoods because affluent neighborhoods have higher home values and therefore get higher Benefit Cost Ratios.

$797.4 million out of $1.149 billion in total partnership funds went to LMI watersheds. Percentages just happen to equal those in graph above.

While the logic sounds plausible, the only problem is that the eight LMI watersheds in Harris County (those where a majority of residents make below the average income for the region) actually receive 69% of all grants. Since 2000, they have received $797 million out of $1,149 million. So one third of the watersheds received more than two-thirds of all partnership funding.

That closely reflects the percentage of all spending (local + partnership) since 2000. The eight LMI watersheds received $2.3 billion out of $3.7 billion – 62%. Harris County has 23 watersheds in total.

The data clearly does not support discrimination against LMI neighborhoods in either partnership or overall spending. Greens Bayou for instance has received more money overall ($436 million) than all but three other watersheds since 2000. It also ranks #3 in partnership funding with $200 million. Partner dollars paid for 46% of the projects there.

Placing a Third of All Projects in Jeopardy

Eliminating partnership funds and relying on local funds will disadvantage Harris County taxpayers everywhere or cause a third of projects to be eliminated.

Date of Damage Assessments, Mitigation Also Crucial

Partnership funds can make a huge difference in watersheds in terms of flood reduction. Sims Bayou was the only bayou in Harris County that didn’t flood during Harvey. Of the $201 million it received in partnership funds since 2000, $198 million came before Harvey.

Sims also illustrates the problem with another proposal on the table tonight – using flood data going back to 1977 to determine who deserves more money. That will artificially disadvantage outlying neighborhoods which didn’t even exist in 1977. And it will funnel money into a watershed that has already largely been remediated.

When people come at these decisions from an ideological perspective without looking at data, it hurts everyone…sometimes even themselves.

My personal opinion is that when people talk about partnership funding, the debate should be, “When do you go it alone?” not “Should we go it alone?”

Posted by Bob Rehak on 2/8/2022

1624 Days since Hurricane Harvey

West Fork High School: Another Opportunity for Learning

Students represent our future. What we teach them and how well we teach them affects the quality of our communities for the next generation. I closed yesterday’s post with a note about a detention pond at the new Kingwood Middle School. Their simple little pond can provide so many opportunities for learning.

The same is true of New Caney ISD’s West Fork High School, now under construction on Sorters-McClellan Road south of Kingwood Drive. Perhaps this provides even more opportunities for learning because it’s so much closer to a major source of flooding.

Here are pictures taken last week that show the location and status of construction. I begin with an unusual choice: the campus detention pond. The reason why will become clear below.

Photos Taken 1/29/22

This giant detention pond was the first thing built on the site. Notice the 59 Bridge over the San Jacinto West Fork in the upper right. Also notice the expansion of Sorters-McClellan road to handle the expected traffic.
A shot from slightly higher and a little down the road clearly shows wetlands, ponds, the West Fork and its confluence with Spring Creek.
Looking S at the confluence of West Fork (bottom) and Spring Creek (right). That large island first appears in Google Earth Pro as a tiny sliver of sand at the end of 2018. It has grown to its present size since then.
Looking north at entire 50-acre campus. The detention pond comprises about 10% of that.
Athletic facilities at West Fork High School including field house. Note US59, Insperity and Kingwood HCA Medical Center in upper right.
Looking NW toward Sorters-McClellan Road and several West Fork Sand mines in background.
Kingwood Place Drive has been extended south to provide another way to get into and out of the campus.
Looking SW.
The campus is built around a large central courtyard that will become its signature feature. But I wonder how 17 inches of rain will get out of there in a 100-year storm.
Main entrance on Sorters-McClellan Road. Looking SE.

Lessons to Be Learned

Students always have more interest in learning things that relate to their personal lives. They explore those things deeper, learn them faster and retain them longer. Flooding has impacted thousands of students in this area. If they weren’t directly flooded during Harvey, chances are they know someone who was.

Right outside the high school, teachers now have real-world classroom to teach students about flooding.

  • How do compaction and impervious cover affect the rate of rainfall infiltration?
  • How does that affect the time of concentration of runoff?
  • How does that affect flood height?
  • What’s the mathematical relationship between the size of the pond and the amount of impervious cover added to the campus?
  • How do detention ponds work and how does that affect the time of concentration?
  • Why is it important to “retain your rain?”
  • How will the campus detention pond affect people downstream?
  • Why doesn’t every new development have detention ponds?
  • What State, County and Local regulations affect the development of detention ponds and their capacity?
  • What is meant by externalizing a business’ costs?
  • How would downstream taxpayers be affected if this detention pond were not built?
  • What would happen to their flood insurance costs?
  • What is flood insurance?
  • Who should get flood insurance and why?
  • Does the cost of flood insurance affect low-income families more than high-income families?
  • Is that fair?
  • Should we have a state law or regional flood-control district mandating detention pond capacity requirements?
  • How do we change laws?
  • What does caveat emptor mean?

This can not only be a math lesson, it can be a civics/government lesson, a geography lesson, a science lesson, an engineering lesson, an environmental lesson and more.

Why So Important?

Susanne Kite, a reader of yesterday’s post, commented, “Kids and young people should learn these things so they can make smart choices in life!! And so they won’t be surprised when they start growing web feet.” I would add, “So they won’t be surprised when they buy a home!”

After kids explore answers to all the questions above, they need to find answers to an even bigger question. “How can we all live together?”

Posted by Bob Rehak on 2/7/22

1623 Days since Hurricane Harvey