How Soon We Forget!

How soon we forget. Hurricane Harvey was just 4.5 years ago. Since then I have documented dozens, if not hundreds of questionable practices that erode margins of flood safety.

It Didn’t Have to Be That Bad

Harvey was the largest rainfall event in the history of North America. However, with better regulations and construction practices, it didn’t have to be as destructive as it was.

  • Lax regulations;
  • Willful blindness;
  • Development and construction practices that pushed the safety envelope;
  • Relentless destruction of forests and wetlands near rivers and streams;
  • And homebuyers who didn’t realize their true flood risk…

…made Harvey’s destruction worse than it otherwise would have been.

No one factor by itself would explain Harvey’s destruction. But put them all together, and it’s like “death of a thousand cuts.”

The sheer volume of material – more than 1,000,000 words on this site – makes it difficult for people to see the big picture sometimes. To put 1,000,000 words into perspective, the average novel contains only about 100,000. So I’m condensing the website into a book that includes the themes below.

No One Wins Arguments with Mother Nature

During an interview with Milan Saunders and his daughter Lori, Milan said, “No one wins arguments with Mother Nature.” How profound! It doesn’t matter how many surveys, studies and engineer stamps you have on your home’s title. If you don’t:

  • Respect the rivers.
  • Give them room to roam.
  • Protect wetlands.
  • Allow plenty of margin for safety…

…you will flood.

Thought courtesy of Milan Saunders, Chairman/CEO of Plains State Bank. That’s his daughter Lori’s house during Harvey.

Understanding the Causes of Flooding

Excess sedimentation is one of them. Sediment pollution is the single most common source of pollution in U.S. waters. Approximately 30% is caused by natural erosion, and the remaining 70% is caused by human activity.

Large islands built up during Harvey blocked both drainage ditches and rivers. Below, you can see a large sand island (top) built up at the confluence of the Kingwood Diversion Ditch where it reaches the San Jacinto West Fork at River Grove Park. This sand bar reached 10-12 feet in height above the waterline and helped back water up into Trailwood, the Barrington and Kingwood Lakes and Kings Forest. Before the Army Corps dredged this island, River Grove flooded five times in six months. It hasn’t flooded since.

The Kingwood Diversion Ditch and West Fork San Jacinto were almost totally blocked by sediment dams deposited during Harvey.

The second photo above was taken a few hundred yards downstream on the West Fork from the first. It shows “Sand Island” – so nicknamed by the Army Corps. It took the Corps months to dredge this island which they say had blocked the West Fork by 90%.

A certain amount of this sedimentation can be explained by natural erosion. But mankind also contributed to the sheer volume by other practices which I will discuss below.

Respect the Rivers

The red polygons in the satellite image below surround 20-square miles of sand mines on the West Fork of the San Jacinto in a 20 mile reach of river between I-45 and I-69. That exposes a mile-wide swath of sediment to erosion during floods and increases the potential for erosion by 33x compared the river’s normal width.

Even without floods, mines sometimes flush their waste into the rivers. The shot below on the top right shows the day the West Fork turned white. The TCEQ found the source of the pollution upstream: a sand mine that had flushed 56 million gallons of sludge into the West Fork (bottom right).

Influence of sand mines of West Fork San Jacinto water quality.

End the War on Wetlands

Wetlands are nature’s detention ponds. During storms, they hold water back so it won’t flood people downstream. But we seem to want to eradicate wetlands. The images below show the Colony Ridge development in Liberty County. Wetlands (right) are being cleared (left) to make way for the world’s largest trailer park. The acceleration of runoff wiped out FM1010 during Harvey. The road still has not been repaired.

Colony Ridge in Liberty County.

Conservation Costs Much Less than Mitigation

Halls Bayou at I-69 near Fiesta. Image on left shows whole subdivisions that that to be bought out before detention ponds on right could be built.

All across Harris County, especially in older areas inside Beltway 8, apartment complexes, homes and businesses are built right next to bayous and channels. This makes it difficult to enlarge streams or build detention ponds when necessary. One study showed that preservation of floodplains is 5X more cost effective than mitigation after homes flood. Yet private developers keep crowding bayous and residents keep demanding public solutions.

Respecting Individuals’ Property Rights While Protecting Others’

In Texas, it sometimes feels that an individual’s right to do what he/she wants with property trumps others’ rights NOT to flood. You may think you’re protected by all those public servants reviewing and approving plans. But what happens when developers and contractors decide to ignore the approved plans? Here’s a prime example: the Laurel Springs RV Resort near Lakewood Cove.

The approved plans said that “Stormwater runoff shall not cross property lines.” So what did the contractors do? They pumped their stormwater over the development’s detention pond wall. When that took too long, they dug a trench through the wall. Then they laid pipes through the wall to permanently empty the sludge into the wetlands of Harris County’s new Edgewater Park.

This apparently violated the developer’s City of Houston permit, the Texas Water Code, TCEQ’s construction permit and the developer’s stormwater pollution prevention plan. Four investigations are currently swirling around this development. The contractor also cut down approximately 50 feet of trees in Edgewater Park along the entire boundary line and received a cease-and-desist letter from the Harris County Attorney. But the damage is done.

Balance Upstream and Downstream Interests

About 10% of all the water coming down the West Fork at the peak of Harvey came from Crystal Creek in Montgomery County. But the wetlands near the headwaters of Crystal Creek are currently under development. And the developer is avoiding building detention ponds with a “beat-the-peak” survey. This loophole allowed by Montgomery County says that if you get your stormwater to the river faster than the peak of a flood arrives, then you’re not adding to the peak of a flood and you don’t have to build detention ponds. So developers conduct timing surveys to reduce costs and maximize salable land.

What happens when upstream areas develop without consideration for the impact on downstream property owners.

Of course, speeding up the flow of water in a flood is the opposite of what you want to do. To reduce flooding, you should hold back as much water as possible.

The slide above shows part of a new development called Mavera at SH242 and FM1314 being built on wetlands near Crystal Creek.

The graph on the right shows what happened on Brays Bayou without suitable detention upstream. Floodwaters peak higher, sooner. Harris County has spent more than $700 million in the last 20 years to remediate flooding problems along Brays.

How much will we need to spend when more areas like Mavera get built upstream on the West Fork?

How Quickly We Forget!

FEMA’s Base-Flood-Elevation Viewer shows that in that same area, developers have already built homes that could go under 1-5 feet of water in a 100-year flood. These homes are actually in a ten-year flood zone. And yet more homes are being built nearby. On even more marginal land!

In recent years, the price of land as a percent of a new home’s cost has risen from a historical average of 25% to approximately 40% today. This puts pressure on developers to seek out cheaper land in floodplains, reduce costs by avoiding detention pond requirements, pave over wetlands, and reduce lot sizes resulting in more impervious cover. All contribute to flooding.

Of course, smart homebuyers would not make such risky investments. But few lack the expertise to gauge flood risk. Educating such homebuyers will be one of the major objectives of the book I hope to write.

Posted by Bob Rehak on 2/23/2022

1639 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.

New Woodridge Village Detention Pond Taking Shape

Sprint Sand & Clay has begun excavating a new Woodridge Village detention pond on the former site of Perry Homes’ aborted development. Harris County Flood Control District (HCFCD) signed an excavation and removal (E&R) contract with Sprint last November to remove up to 500,000 cubic yards for just $1000. In exchange for the dirt-cheap fee, Sprint gets to sell the material it removes at market rates to make its profit.

Photos of Progress

Taxpayers like such contracts. But they have one potential drawback. If the market softens, it could take years to remove all the material. Progress to date has been slow, but steady.

Extent of removal on 2/14/22.
Three days later, on 2/17/22.
One day later on 2/18/22.

Harris County Flood Control executives emphasized that E&R contracts provide flexibility to both sides. They let Sprint move the material when it’s needed. And they let the Flood Control District get a head start on construction of detention ponds that they know they will need.

Perry left the Woodridge Village site 40% short of Atlas-14 requirements for detention-pond capacity. Five-hundred-thousand cubic yards will virtually double the detention-pond capacity, leaving a significant margin to help accommodate future upstream development.

An engineering study on Taylor Gully is currently underway. When completed, we will learn more about future needs. But that could still be months away.

HCFCD currently has no plans to tie this detention pond into the network of five others on the Woodridge site. It will just form a barrier against sheet flow from the north for the moment. Tie-ins with the existing drainage network could come after completion of the Taylor Gully engineering study.

After completion of the study, when HCFCD has a better handle on how much land it actually needs on the site, the District will hold public meetings to discuss secondary uses of the land, such as wetland restoration, reforestation, jogging trails, parkland and such.

HCFCD met with members of KSA and community associations that border Woodridge property last week to discuss the timetable. The ability to create secondary uses for the land will depend on finding local partners to maintain them. Flood control would only be responsible for maintaining its own flood control infrastructure (ponds, ditches, etc.).

Where Dirt Can, Can’t Go

Sprint has broad latitude with where it can sell the dirt from Woodridge Village. But HCFCD does impose limitations. It cannot be placed in the current 100- or 500-year flood plains.

According to Alan Black, Interim Executive Director of HCFCD, “We place some pretty stringent criteria in our E&R contract agreements requiring that fill from our project sites can only be placed in areas where a permit has been obtained. But we actually go a step further.

“It is possible for developers to obtain a permit that includes fill in the 100/500 year floodplain provided that it is property mitigated,” continued Black. “However, HCFCD contractors are prohibited from placing fill in the 100/500 year floodplain even if there is a development permit to do so. This has resulted in an increase in our construction costs, but it’s the right thing to do.”

Black is referring to the City of Houston rules for placing fill in floodplains. See sec 19-34 of the City code of ordinances. Remember that the “Houston special flood hazard area” means the 500-yr. Section 19-34(a) says nobody can diminish the storage volume within a Houston special flood hazard area. However, this is followed by an exception. Paragragh A4 says fill may be placed… “In the 0.2 percent chance floodplain, [if] the amount of fill proposed does not impact or impede the 100 year overland sheet flow in the watershed.”

Regardless of the City regulations, HCFCD refuses to let its dirt be used in this situation.

Posted by Bob Rehak on 2/21/22 

1637 Days since Hurricane Harvey

February East Fork Mouth Bar Dredging Update

Since last month, dredgers have removed one island and have started on another in the massive complex of sand bars laid down during Harvey and Imelda on the San Jacinto East Fork where it meets Lake Houston.

Current Location

Another island in the San Jacinto East Fork Mouth Bar complex.
Another island in the San Jacinto East Fork Mouth Bar complex is being dredged away. Photo taken on Sunday afternoon, 2/20/22. Looking downstream toward Lake Houston.

The sand bar already eliminated was toward the top and left side of the frame above. It stretched almost 2000 feet.

Now dredgers are focusing on the giant bar in the middle above.

Mouth Bar Complex in 2020 Before Start of Dredging

The shot below, taken from the opposite direction, helps put things in perspective.

East Fork Mouth Bar
Looking upstream at the East Fork Mouth Bar complex in March 2020 before dredging. The bar dredgers already eliminated is the bright white one in the foreground. Now they’re working on the one farther upriver and to the left.

More Current Shots Taken Today

East Fork Mouth Bar Complex
Looking NE at dredging in the East Fork Mouth Bar Complex. It looks like they may have started here and moved elsewhere for some reason. Photo taken 2/20/22.
This shot more than the others, gives one a feeling for the immensity of the task.

Long Range Dredging Plan

The City of Houston’s purchasing website does not indicate whether the City has yet awarded the project to develop a long range dredging plan. Last month, the purchasing agent for the City, Bridget Cormier, stated that “The City has not yet made a decision, nor a recommendation for award yet.” She explained, “We are still in the evaluation phase and have requested additional information from suppliers that moved forward in the process.” 

It took three months just for contractors to dredge their way through the Royal Shores channel to get to East Fork (July, August, September 2021). East Fork dredging started in October last year. Spoils are currently being ferried back to land south of the West Fork, opposite River Grove Park. There it dries before TexDoT hauls it away for use in roadbuilding.

Posted by Bob Rehak on 2/20/2022

1636 Days since Hurricane Harvey

February Update on Northpark Drive Expansion

My posts earlier this week about repair of the Northpark Drive drainage ditch between Loop 494 and the Kingwood Diversion Ditch sparked a flurry of questions. People wanted to know when the Northpark Drive expansion project would begin. Last July, local leaders felt it would begin before the end of 2021. Obviously that didn’t happen. So I reached out to Stan Sarman, chairman of the Lake Houston Redevelopment Authority (LHRA) and Tax Increment Reinvestment Zone (TIRZ) #10 (Kingwood).

Sarman, an engineer by trade, said “I never thought it would take this long to obtain all the Right-Of-Way easements and approval of the plans by the City of Houston and Union Pacific Railroad (UPRR). Below is a summary of the information that was reported at the LHRA/TIRZ10 Board meeting on February 10th.”

“The 100% construction plans went to the City and UPRR,” continued Sarman. “We are now getting more comments from the City Public Works people. There is to be a meeting next week with our consultants and the City staff to work through the comments.” 

“The UPRR approval is not expected until late March, 2022, according to UPRR’s consultant. We have 6 or 7 easements remaining and we are close to getting across the finish line by the end of March.”

“The best estimate I have,” said Sarman “is to try and bid the job in April, 2022, and start construction in mid summer. We will keep the public informed of when we expect construction to start.”

The money is in the TIRZ budget, which the City approved. See pages 7-9 of Exhibit A in this PDF.

Northpark Drive Reconstruction Project Overview

Here’s a link to more information about the project on the LHRA website. Northpark Drive reconstruction consists of two projects right now.

T-1013 Northpark Drive Overpass Project (Western Phase)

The reconstruction of Northpark Drive into a 6-lane divided roadway, between IH-69 and Russell Palmer Road and an overpass over the UPRR train tracks and State Loop 494. Projected to take 30 months after start of construction.

T-1014 Northpark Drive Reconstruction Project (Eastern Phase)

The reconstruction of Northpark Drive into a 6-lane divided roadway, new bridges at the Kingwood Diversion Ditch and Ben’s Branch and a pedestrian tunnel near Glade Valley Road. Projected to take 24 months after start of construction.

Say Goodbye to the Ditch

A giant buried box culvert will replace the ditch down the middle of the Northpark and the extra lanes will go over the top of it.

Other features include:

  • Drainage will be sized to comply with new higher Atlas-14 requirements.
  • Dual 10-foot wide pathways on the north and south sides of Northpark Drive from Rock Creek Drive to Russell Palmer Road will facilitate bicycle and pedestrian traffic.
  • Enhanced lighting and landscaping.

This project can’t come soon enough for me. Coming inbound to Kingwood today from US59, I saw outbound traffic stacked up for more than a mile past Russell-Palmer Road! That’s an everyday experience as shown by this file photo taken last July 28.

Northpark Drive looking east at outbound traffic on left side of road. Taken July 28, 2021 from over the UP railroad tracks.

If traffic backs up this far in the middle of a sunny afternoon, imagine how far it would back up when thousands were trying to evacuate from a flood.

Posted by Bob Rehak on 2/19/22

1635 Days since Hurricane Harvey

RV Resort Getting Ready to Pour Concrete, Baffling Activity at Detention Pond

Construction activity at the Laurel Springs RV Resort near Lakewood Cove kicked into overdrive today as workers laid forms to prepare for concrete and more pipes went into the ground. Also, the detention pond seemed to change shape in ways that could reduce its capacity.

Getting Ready for Concrete

The shot below shows what will become the main entrance/exit opposite Mystic Glen Loop in Lakewood Cove.

Entrance/Exit to RV Resort. Concrete building pad for recreation center. The two rectangular areas in front of the three cargo containers will be the first RV pads. Blue pipes will carry fresh water.
Plans that correspond to the photo above.
Concrete forms also extend south toward the detention pond, out of sight at bottom of frame.

Baffling Work at Detention Pond

The work at the detention pond today was hard to explain. For the last few days, workers have pulled dirt and tree debris up onto the southwestern wall of the detention pond. Here’s how it looked yesterday around noon.

SW wall of RV Resort detention pond photographed on 2/17/2022.

Trucks have moved a portion of it to the western wall.

Looking east. Excavator loading debris onto truck which will back it around to the western wall (out of frame to the lower left). This and all photos below taken 2/18/22.
Truck transplanting debris on western wall.

The wide shot below shows where they have been piling it on the western wall and puts the activity in context.

Looking South toward Edgewater Park in background.
But it wasn’t all going to the western wall. Bulldozers spread some into the Laurel Springs RV Resort detention pond.
The area where contractors laid pipe between the pond (left) and ponding water (right).
Meanwhile, another bulldozer seemed to push dirt from the outside of the pond’s southern wall to the inside.
It appeared as though contractors were attempting to shift the entire wall to the north. If accurate, that could reduce the pond’s already constrained capacity.

Did the developer’s surveyors make a mistake initially? We shall know soon enough if the County conducts its own survey.

If that tree debris gets plowed into the pond wall, it could weaken the structural integrity of the pond as the woody material decays.

Reducing Pond Capacity?

I’m especially concerned about the potential loss of capacity in the detention pond. It already had only half the current capacity required to meet current City of Houston standards.

The further along construction gets, the harder it is to undo mistakes if they happen. So we need to monitor this closely.

Posted by Bob Rehak on 2/18/22

1634 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 Drainage Ditch: Got ‘Er Done This Time!

This morning, I posted about what appeared to be a premature victory lap on the repair of the Northpark Drive drainage ditch with a plea to Git ‘Er Done. Well, this afternoon, Montgomery County Precinct 4 Commissioner James Metts and his drainage supervisor Mike McKay Got ‘Er Done.

Barely Enough Time to Take Photos

They must have had their ears close to the ground. By noon, I got a call from McKay. Within another hour, he had inspected the ditch and agreed it was a mess. Then by 2PM, he had trucks and backhoes onsite. And by 4PM, they were packing up and hauling away the last piles of dirt left in the ditch from last weekend’s repair effort.

It all happened so fast, I barely had time to get there to take photos. And it all happened before rush hour!

Photo submitted by reader of work on Thursday afternoon, 2/17/22. Backhoe scoops up dirt left behind that was in danger of slumping back into ditch during a heavy rain.
Traffic was slightly backed up, but it kept moving. It took about five minutes to get from 494 to the car wash at Russell-Palmer Road.
By the time I got my drone up, the last of the dirt was excavated…
…and drivers were hauling it away.

He said they hauled more than 30 truckloads of dirt out of Northpark on Saturday night and Sunday morning before knocking off at around 2AM. The temp had dropped below freezing at that point.

Regular Maintenance Key to Reducing Flooding

McKay apologized for not returning my call earlier this week. He said he had a dental emergency that kept him out of the office until today.

Having worked near this area for more than 20 years, I watched Northpark go underwater with regularity – on average at least once or twice a year. Scary for an evacuation route!

I hope MoCo can improve the maintenance intervals on this ditch. Northpark and the areas around it have seen tremendous growth in recent years.

My thanks to Commissioner Metts and Mr. McKay for the heavy lifting on this one. And especially for their fast response! They got ‘er done this time!

Posted by Bob Rehak on 2/17/22

1533 Days since Hurricane Harvey

Northpark Ditch Repair Half Done

Update: 6PM Thursday 2/17/22. After I posted the article below on Thursday morning, MoCo returned and finished the job on Thursday afternoon. Use the post below only for context.

Last Saturday night, Montgomery County closed Northpark Drive to excavate the ditch in the median between Northpark Drive and Russell-Palmer Road. Here’s a nighttime video Precinct 4 Commissioner Metts’ posted on his Facebook page to promote the results. It contains eleven minutes of close-up shots of a backhoe scooping dirt into a truck, complete with a triumphant, pounding music track. You’d think this was MoCo’s moon shot!

What Video Doesn’t Show

At daybreak, it became clear, the county cleaned out the ditch between Russell-Palmer and the Kingwood Diversion Ditch, not 494. County crews DID clear blocked drains leading into the ditch west of Russell-Palmer. But they left the dirt piled on the sides of the ditch where it can slump back down and re-block drains.

Looking west along Northpark toward Dunkin’ Donuts and Public Storage.
Facing same direction from the other side of the crossover shows the “improvement” to drainage.
Looking east along Northpark.
Still looking east toward Russell-Palmer from the Kings Mill Entrance.

“Git ‘Er Done”

I called Metts’ office earlier this week and asked whether they intended to finish the job. The receptionist told me she would have someone call me back to discuss the project. No one ever did. Then Metts posted the “Conquering Earth” video.

I’m grateful for what Metts’ team did do. But I’m also fearful of what they didn’t do.

Metts’ followup post makes no mention of a timetable for finishing the job.

Please! In the immortal words of Larry the Cable Guy, “Git ‘er done!” This is one way people and businesses flood.

Posted by Bob Rehak on 2/17/22

1633 Days since Hurricane Harvey

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.