News Archives - Page 143 of 280

Excessive Rainfall Likely Next Week

Tomorrow, September 10th, is the statistical peak of hurricane season.

And the National Hurricane Center (NHC) is actively monitoring four areas in the Atlantic Basin.

Currently, a 40% Chance of Tropical Cyclone Formation

That orange area is currently where Ida and Mindy both formed in the last two weeks. In the last couple days, the NHC has steadily upgraded its chances of tropical formation. As of tonight, they give it a 40% chance sometime within the next five days.

*Currently, NHC describes Area #1 as a tropical wave.*

The northern portion of the wave is producing disorganized showers and thunderstorms over northeastern Honduras and the western Caribbean Sea.

This system should move into the Bay of Campeche and merge with a pre-existing heavy weather in the southwestern Gulf of Mexico this weekend. Environmental conditions support gradual development. A tropical depression could form by early next week before the system moves inland over mainland Mexico. According to NHC:

Formation chance through 48 hours…low…20 percent.
Formation chance through 5 days…medium…40 percent.

Increasing Chances of Excessive Rainfall, Likely Starting Sunday

Dry air currently over the region will yield hot days and “coolish” nights into Saturday with no chance of rainfall. However, the tropical wave will change that. A pool of deep tropical moisture will increase rain chances along the TX coast from Sunday through Wednesday of next week. It could arrive as early as Saturday evening, but more likely will arrive on Sunday.

Shower and thunderstorm activity over the western Gulf will become widespread during the weekend and into early next week. Global models are largely in agreement on a surge of moisture along the TX coast from Sunday through Wednesday. Copious rainfall is likely.

The National Weather Service extended 7-day forecast has been increasing the forecast amounts for the north Houston area throughout the day.

*Between this morning and this evening, that bright orange area has crept farther inland.*

Widespread 5-7 Inches, 10-12 Possible

Jeff Lindner, Harris County Meteorologist, warns that a weak tropical cyclone could form from this. “Several models have been bouncing around with this over the last several days. They show weak closed surface lows along the Mexican or Texas coastline next week,” says Lindner. “While any sort of surface low that may form next week would help to focus rainfall in that particular area, it is unclear where any low may form if at all and generally does not change the overall wet pattern that is incoming.”

The NWS Weather Prediction Center currently shows rainfall accumulations for next week could total 5-7 inches near the coast with slightly less inland. Lindner, however, predicts that isolated areas could see as much as 10-12 inches by the middle of next week.

No predictions have been made yet regarding potential flooding issues.

Posted by Bob Rehak on 9/9/2021 based on information from NHC, NWS, and HCFCD

1472 Days since Hurricane Harvey and 721 since Imelda

Save the Date: National Public Lands Day Volunteer Event on September 25

Established in 1994 and held annually on the fourth Saturday in September, National Public Lands Day is traditionally the nation’s largest single-day volunteer effort. It provides all lovers of the environment an opportunity to show appreciation for precious natural resources through volunteer opportunities.

Join the Bayou Land Conservancy and REI in Conserving Public Land

This year, National Public Lands Day falls on Saturday September 25. The theme is “More Ways to Connect to Nature,” and there are many ways to connect in this area. I highly recommend joining the Bayou Land Conservancy (BLC) – a local, environmental non-profit – at the Lake Houston Wilderness Park. BLC specializes in preserving land along streams for flood control, clean water, and wildlife.

The BLC and volunteers will partner with REI for the day to help spruce up the park and get a guided tour from park naturalists. Refreshments will be provided, but they recommend bringing your own water in a reusable container and a snack. If you’ve never been to Lake Houston Wilderness Park, it’s a big, tranquil place filled with wetlands and dense forests. In fact, it’s the largest urban nature park in America – almost 5,000 acres – and like stepping back in time.

To see some of this gorgeous park, and the difference it makes in the San Jacinto East Fork Watershed (compared to the West Fork), see this post I developed in 2018 about the importance of riparian vegetation in reducing erosion.

*Riparian vegetation in Lake Houston Park helps prevent erosion, sustain wildlife, and reduce flooding.*

*Shoreline of Lake Houston Park.* *Fall colors light up the landscape as well as people’s faces.*

*Looking NW across the vastness of unspoiled Lake Houston Park. Photo taken Jan. 1, 2021*

Directly Benefitting the Lake Houston Headwaters and Reducing Flooding

The focus of work at the Lake Houston Wilderness Park on the 25^th will directly benefit the Gully Branch-Peach Creek watershed, right in Kingwood’s backyard plus, Porter’s, New Caney’s and Huffman’s!

With 2.5 months left in hurricane season, take time to help preserve nature and reduce flooding in a natural ,cost-free way. More conserved lands mean more safe places for water to go without endangering our communities.

How to Register, Learn More

Please join BLC in conserving land on National Public Lands Day on the 25^th of September! With 5,000 acres, there’s plenty of room for social distancing in a healthy environment.

For more information on the day’s events and how to register, visit BLC’s website at Bayouland.org/national-public-lands-day.

Posted by Bob Rehak on 9/8/2021

1471 Days after Hurricane Harvey

‘Wind Fingerprints’: Scientists Dissect What Accounts for the Destructiveness of Different Storms

Last week, a story about ‘wind fingerprints’ in The Washington Post caught my eye. It purported to show the difference between Ida and Katrina. The story by Bonnie Berkowitz and Laris Karklis starts with this teaser: “Ida hit Louisiana with faster winds than Katrina, but a hurricane’s category number is just part of what makes each storm unique — and uniquely destructive.” I was hooked.

Factors in Fingerprinting Storms

“Ida struck Louisiana on Aug. 29 as a strong Category 4 on the Saffir-Simpson scale, with maximum winds of about 150 mph — much higher than the maximum winds of 125 mph from Katrina, a Category 3,” say the authors.

However, the wind speed is just part of the picture. To get the big picture, one must also consider:

Breadth of the wind field
Wind direction
Total energy contained in the storm
Forward motion
Angle at which it struck the coastline
Track
Proximity to population centers
And more.

The story quotes Michael Kozar, a meteorologist who models storms for risk-analysis company RMS. Says Kozar, each wind field is like a fingerprint.

“Each wind fingerprint is unique to the storm, and it is why each storm produces a unique amount of loss and has unique impacts.”
Michael Kozar, RMS

Examples of Wind Fingerprint Differences

“A very large storm with moderate winds may contain more integrated kinetic energy than an intense but small storm, and it may create havoc for people on land in a different way,” says the story.

The story goes into great detail comparing Ida to Katrina. Ida packed higher winds (150 vs. 125 mph peaks). But Katrina packed more energy – 116 terajoules vs. 47 for Ida. By comparison, Superstorm Sandy in 2012 had an estimated 330 terajoules of energy.

A terajoule is so large, it’s hard to find an analogy that puts it in perspective for most people. But scientists estimate that the atomic bomb over Hiroshima released about 63 terajoules of energy – slightly more than Ida, but a little less than half of Katrina.

RMS estimates the smaller punch of Ida was due in part to the shorter time it was able to gather steam, so to speak, over open water. Ida gained full strength just hours before landfall. But Katrina churned over the open Gulf for three days before slamming into Louisiana. It grew much larger, in fact, about twice as large.

*Relative size of wind fields estimated by risk-analysis firm RMS. Katrina more than doubled Ida’s diameter.*

RMS also explained how Katrina came in east of Lake Pontchartrain, while Ida came in to the west. With the counter-clockwise rotation of low pressure systems in the northern hemisphere, that meant Katrina pushed water toward New Orleans and Ida pushed water away.

The forward speed of a storm can make a huge difference in the types of damage it causes compared to its rotational speed. Category 4 Harvey, for instance, stalled over Houston for days, dropping torrential rains. But Category 5 Hurricane Andrew ripped through south Florida in hours. Harvey flooded homes. Andrew tore them apart.

This article gives you both insights and food for thought that can help you prepare better for the next storm. It’s highly recommended reading.

Posted by Bob Rehak on 9/7/2021 based on a story by Bonnie Berkowitz and Laris Karklis in The Washington Post and data from RMS

1470 Days since Hurricane Harvey

The Short, Tragic Life of the Queen City of the West – Indianola

Last week, I posted about Texas Hurricane History, a study by David Roth of the National Weather Service. One of the more interesting stories in the study was about Indianola, a port on Matagorda Bay that once rivaled Galveston as a center of commerce on the Gulf coast. Back in the middle 1800s, people called it “The Queen City of the West.” But two savage hurricanes killed it. The town officially died a little more than 40 years after it was founded.

In 1875, the town had a population of 5,000. Today, Indianola is a small collection of fishing shacks and trailer homes. The courthouse where many residents took refuge in the 1875 storm is now underwater out in the Gulf.

Century before FEMA

Hurricanes hit Indianola in 1875 and 1886. The first killed 270 people; the second 20. People rebuilt after the first storm. They fled after the second. A 15-foot storm surge carried boats miles inland. One of the storms even blew over a railroad train and ripped up miles of track. After that, investors became skittish.

The economic decline of the once burgeoning center of commerce forms a cautionary tale. About building in places vulnerable to flooding. And about the need for outside help recovering from major storms. There was no Federal Emergency Management Agency (FEMA) in the late 1800s. President Jimmy Carter established FEMA by executive order in 1979, roughly a hundred years after the Indianola disaster.

A Reader’s Connection to Indianola

A reader, Sally Geis, read my post about Texas Hurricane History and Indianola, then emailed me. It seems her family owned land there which she and her brother eventually inherited generations later. Part of the property remains wetlands and part was used as an artillery practice range by the Army.

She sent me pictures of what used to be Indianola and some links to a website dedicated to keeping the town’s history alive.

*First called Karlshaven by German immigrants, Indianola became on the two largest ports in Texas, but died in 1886.*

*Sally’s husband, JG points to a well, all that’s left of the original town.*

*Indianola was the terminus of the Chihauhua Road. Scores of towns were established in West Texas along the road as a result of trade between Indianola and Chihauhua.*

Army Takes Over Queen City of the West

During World War II, the Army used Indianola as an artillery range. Reportedly, the Army also had a POW camp for Germans near here, too.

During World War II, the United States Army constructed an anti-aircraft firing range along the Indianola shoreline to train gunners and the facility was used primarily by military personnel from Camp Hulen.

Early French Influence

“Out on that fairly barren coastline of Indianola.. in the middle of nowhere…”, wrote Geis, “there’s this huge, pink-granite statue of the famous French explorer, La Salle, who was trying to find the mouth of the Mississippi and got lost.”

For more about the history of Indianola, click here or here.

Where to Find the Queen City of the West

*Indianola used to be on the west side of Matagorda Bay but was wiped off the map. It’s two hours from the Lake Houston Area by car.*

*The former Queen City of the west is between Port Lavaca and Port O’Connor*. *All that remains is a small, unincorporated fishing village.*

Indianola was designated a Recorded Texas Historic Landmark in 1963.

Posted by Bob Rehak based on information and photos provided by Sally Geis

1469 Days since Hurricane Harvey

Texas Hurricane History

I came across a fascinating, though slightly dated study by David Roth of the National Weather Service called “Texas Hurricane History”. The 80-page document is filled with trivia that will let you astound friends and family.

Texas Hurricane History From 1527 to 2008

It starts with a section on climatology, then has a list of Texas hurricanes dating back to 1527. The list goes up through Ike in 2008.

Next, there’s a section on hurricane records. It shows dates, wind speeds, deaths, minimum central pressures, origins, tracks and more. Finally, there are numerous chapters devoted to hurricanes by century that contain historical narratives on each major storm.

The Last Indianola Hurricane: A Prequel to the Great Galveston Hurricane

Most people in Houston have heard the story of the Galveston hurricane of 1900. And there’s a lengthy discussion of it in Roth’s history. The storm changed the course of this region’s economic development.

But I had never before heard of the “Last Indianola Hurricane.” Long before Galveston, a Category 4 storm changed the history and economic development of another part of Texas by wiping out another of Texas’ major ports.

The city of Indianola was founded on the west shore of Matagorda Bay in 1844 by immigrants from Germany, Switzerland, and France. It quickly grew to handle the business west of there, but fell prey to frequent hurricanes including one in 1875 that killed 176 people.

*Image from Calhoun County Museum: Debris from the 1875 hurricane that hit Indianola, Texas. The town rebuilt after the storm only to destroyed 11 years later.*

On August 18-20th, 1886, Indianola suffered a fatal calamity in another hurricane. Says Roth, “Winds increased throughout the night of the 19th. Matagorda Bay began to invade the city by daylight on the 20th. The wind increased to 72 mph before the Signal Office building collapsed; the observer was killed by a falling timber during his attempt at escape. A lamp in the office burned down the building, along with more than a block of neighboring buildings on both sides of the street, despite the heavy rain. Although the storm was of shorter duration than the one in 1875, winds were considered higher. A storm surge of 15 feet inundated the region, covering the base of the Matagorda Island lighthouse with four feet of water. A large schooner was carried five miles inland.”

“The town was a universal wreck; not a house that was left standing was safe to dwell in,” says Roth. “Most people in town left for the greener pastures of Victoria and San Antonio.”

In this part of Texas, that’s a lesser known prequel to the Galveston hurricane of 1900 that killed more than 8,000 people. But the effect was the same. It led to the rapid growth of safer cities farther inland.

Amazing Facts from Texas Hurricane History

For those who think only recent hurricane have high winds, Roth points to Hurricane Celia that hit Aransas pass in 1970 with 180 mph winds.

And before Harvey, four storms dumped 40″ or more of rain on Texas (in 1921, 1978, 1979, 2001).

Roth’s Texas Hurricane History is a work of scholarship. It contains an eight-page bibliography containing hundreds of references to books and newspaper articles, some of which date back more than 125 years – long before the digital age made such research easy.

For future reference, I will also link Roth’s history to the Reports Page under the Major Storms tab.

As Roth says in his preface, “More hurricanes will strike Texas over the coming years. Learning what happened in past storms can help to prepare you for the future. If the past is ignored, mistakes made in previous storms are likely to occur again.”

Posted by Bob Rehak on 9/4/2021

1467 Days since Hurricane Harvey

TCEQ Again Cites Colony Ridge for Lack of Pollution Controls

This morning, the Texas Commission on Environmental Quality (TCEQ), notified me that they again cited the controversial Colony Ridge development in Liberty County for lack of pollution controls.

In early June, TCEQ reprimanded Colony Ridge after eight separate investigations into its construction practices. Last October, TCEQ said Colony Ridge construction practices had a “reasonable likelihood of endangering human health.” This new investigation showed the developer and its contractor, D. Burton Construction LLC, had still not implemented best management practices as required by regulations and the company’s own stormwater pollution prevention plan. To see aerial photos of that I took of the area under investigation in late May, click here.

*Area of investigation. The dotted triangle in the lower left is the northeastern tip of Harris County.*

For the full 185-page TCEQ report, click here. For a summary of the contents and findings, read below.

Summary of Findings: Investigation #1736609

On June 15, 2021, the investigator found active construction along Long Branch Creek. He noted that the slopes of the creek were not stabilized. He also found un-stabilized sediment piles along the banks of the creek, a damaged silt fence, and an unstabilized drainage channel. Additionally, the slopes of Long Branch Creek were also un-stabilized.

Continuing north into Section 12, the investigator noted more un-stabilized sediment piles on the edges of un-stabilized drainage ditches connected to Long Branch Creek. The slopes of Long Branch Creek were also un-stabilized in Section 12. While documenting active land clearing, the investigator noted an unprotected tributary that flows into Tarkington Bayou.

After reviewing the site’s stormwater pollution prevention plan, the investigator determined that Section 12 did not have erosion control measures installed as prescribed.
TCEQ Investigation #1736609

The investigation confirmed lack of best management practices at the construction site. One alleged violation was issued: Failure to install minimum controls.

*From Attachment 4, “Unstabilized slopes in Long Branch Creek. Unstabilized sediment piles on the banks of Long Branch Creek.”*

*More unstabilized slopes and unstabilized sediment piles leading to Long Branch Creek from Attachment 4.*

As per the Construction General Permit (CGP), D. Burton Construction LLC was required to “design install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants” and to document compliance with the stormwater pollution prevention plan (SWPPP).

That part of the document takes up the first four pages.

Supporting Documentation

A series of attachments make up the the next 181 pages.

Attachment 1: Vicinity Map
Attachment 2: TCEQExit Interview sent on June 24, 2021
Attachment 3: Permit Information
Attachment 4: Investigation Photographs
Attachment 5: Photo Locations Map
Attachment 6: Flyover Photographs
Attachment 7: Records Request Sent on June 16, 2021
Attachment 8: Response to Records Request

Purpose of SWPPP and Control Measures

The primary purpose of erosion control is to protect surface waters. To do that, TCEQ says contractors should protect slopes and channels.

“Convey concentrated storm water runoff around the top of slopes and stabilize slopes as soon as possible. This can be accomplished using pipe slope drains or earthen berms or other flow controls that will convey runoff around the exposed slope.”

“Avoid disturbing natural channels and the vegetation along natural channels, if possible.”
TCEQ

The SWPPP also contains a lengthy discussion of erosion and sediment controls beginning on page 78. I recommend it for anyone who thinks he/she may be receiving eroded sediment from a construction site.

Soil Report Largely Consistent with Earlier Findings Showing Need for Detention Ponds

Starting on page 128, you can also read an extensive custom soil report from the USDA Natural Resource Conservation Service.

It shows extensive wetlands in the area under development and low-permeability soils, consistent with the soils I reported on December 20 of last year. The soils are also consistent with all the ponding shown on the map above.

They suggest this area will have a high amount of runoff after development. Little water will sink into the soils. And that could increase downstream flooding, unless the developer installs sufficient detention pond capacity.

Colony Ridge is in Liberty County. But if Harris County guidelines applied, they call for .55 acre feet of detention capacity per acre (for developments greater than 640 acres). Thus, if the area under development is 1200 acres, that would call for 660 acre feet of detention ponds (or 100 acres – six and a half feet deep). I saw nothing that large during my last flyover at the end of May.

Downstream Impacts

The rivers of mud previously documented coming out of Colony Ridge have impacted Tarkington Bayou, Luce Bayou, Rocky Branch, Long Branch, and the East Fork San Jacinto. Eroded sediment from this area is likely contributing to the giant mouth bar now setting up on the East Fork. That will cost the City of Houston tens of millions of dollars to dredge.

It’s not clear at this time whether the developer has improved his erosion-control measures. Two calls to the TCEQ have not yet been returned.

Posted by Bob Rehak on 9/3/2021 based on TCEQ Investigation #1736609

1466 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.

Izzy Hedges Bets; Applies for Flood Control Exec Director Job, Too

Yesterday, my weird nephew Izzy informed me that he was applying for the job of Harris County Deputy County Administrator for Infrastructure and Resilience. Nothing I said could deter him. What the kid lacks in common sense, he makes up for with stupidity.

*The job description for the new Harris County Flood Control District Executive Director does not require an engineering degree. That’s why nephew Izzy is applying for this job too.*

Backup Plan for Deputy County Administrator Job

But this morning, he called again. “Hey, Uncle Bob. Got me a backup plan.”

Maybe I was wrong about him. “Glad you didn’t quit your night job down at the Crystal Pistol, Izzy.”

“My thoughts, presactly,” he said. “Momma done told me, ‘Always get a new job before you quit your old one.'”

“Smart woman, that Yolanda Rae. So what’s your backup plan? Wal-Mart?”

“No Uncle Bob. Executive Director of the Harris County Flood Control District.”

Izzy Has Great Expectations

“Gotta hand it to you, Izzy. You set your sights high!”

“Got to Uncle Bob. One of the dancers down at the Crystal Pistol started flirting with me. She might be the one.”

“THIS time,” I mumbled. Izzy has already been married three times at age 32.

“I’m serious. She makes me want to settle down. I need to find a job that pays more than $8 per hour. And I need more than bar mix and beer nuts for fringe benefits.”

“I didn’t think beer nuts were your main benefit down at the Crystal Pistol.”

Izzy Meets Qualifications For This Job, Too

“Well, you got me there, Uncle Bob. But these dancers…they don’t take you seriously when you show up for a date on your bicycle.”

“What makes you think you’re qualified for this job, Izzy?” I asked as I quickly looked up the requirements for this new job online.

“First off, I only need a bachelor’s degree, which I got.”

“True, but I see many more requirements.

“And I got a driver’s license. That’s another big skill they want. I just ain’t got a car.”

“That’s true, too,” I say. “But it says here, ‘Excellent communication skills needed.'”

Izzy shot back. “You ever had to keep the orders straight for 20 drunks?”

He had me there. “No Izzy, I imagine that takes some skill. And then there’s the experience in ‘end-to-end program design.’ You have that?”

“Yeah, I put together our first chorus line down at the club…in my spare time. Just like the Rockettes. It was so popular, the manager, he laid a $10 bonus on me.”

“But what about this “experience in working with government agency personnel?”

“Hell, who do you think our customers are? We got one back room reserved for City Hall and another for the County crew.”

Izzy Has Answer for Everything

“But Izzy, you’d be responsible for managing more than 350 employees.”

“Simple. Get a time clock to track ’em. If I have to punch one, they can, too.”

“And you’d be responsible for managing hundreds of contractors.”

“I imagine they got plenty of good swag! Frankly, I could use some more coffee mugs. I haven’t washed dishes in two months.”

“Izzy, I don’t think you get it. You’d be responsible for managing $5 billion.”

“That’s the big attraction, Uncle Bob. I really need the money.”

“You don’t get to keep it all for yourself, Izzy. You have to pay it to other people.”

“That sounds un-American to me, Uncle Bob. I’d have to look into that. It just don’t sound right.”

Trying to Recalibrate Izzy’s Expectations

“Izzy, why don’t you look for something more in tune with your assets and abilities?”

“What assets, Uncle Bob?” He had me there.

“Did you ever think of becoming say…a party planner? You’d be good at that.”

“That’s kinda how I see this whole Harris County deal. They got billions of dollars from the Feds, the State and taxes rolling in, Uncle Bob. With that kind of bank, we can keep the party going for years.”

“Or until the next election. Look Izzy, a typical executive search takes 4-8 months. They’re doing this in a month. That should tell you something. Don’t you think they wrote the job specs to fit someone they already have in mind? They’re probably looking for someone who can help them solve political problems more than technical problems.”

“Ya think, Uncle Bob?”

“Why else would they hire someone with only a bachelor’s, but no engineering degree, to supervise hundreds of engineers?”
Uncle Bob

Maybe Izzy has a real shot at this job after all.

Here are the full specs if you would like to apply or read them after Harris County has taken the listing down.

Posted by Bob Rehak on 9/2/2021

1465 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.

Nephew Izzy A Shoe-in for Deputy County Administrator Job

My weird nephew Izzy called me the other day. He was so excited, he could barely contain himself and probably didn’t. Thankfully, it wasn’t a video call.

Our family knows Izzy as the guy who’s ten cents short of a dime. Izzy graduated from college with the lowest possible grades you could get and still earn a bachelor’s degree. He managed to cram four years of college into seven years. Luckily, extracurricular activities helped land him a job as a bartender at the notorious Crystal Pistol.

Job Description and Benefits Have Izzy in Tizzy

I asked what had him so excited. His manager told him about a job listing for “Deputy County Administrator-Resilience and Infrastructure.”

*Harris County from over I-10 looking west at downtown Houston and the I-69 split.*

I quickly looked it up and couldn’t believe my eyes. It required only a bachelor’s degree and reportedly paid well into six figures. After ten years, Izzy is still trying to get into the two figure bracket.

Izzy has a hard time managing his bubble-gum budget. And the county job entails supervising the expenditure of billions of dollars. But Izzy swore he could do it. “Already got me a pocket calculator, Uncle Bob,” he said confidently.

“It’s good to think ahead, Izzy,” I said trying to encourage him, but not quite sure what to say. As I continued to browse through the job requirements…

Imagine my surprise when I learned that you did not need an engineering degree to supervise hundreds of engineers in the County Engineers Department, Flood Control District and Toll Road Authority.

Neither do you need any accounting experience to manage the $800 million per year that the Toll Road Authority brings in – or the $5 billion flood bond. But you do need to know how to operate a telephone. Seriously. That’s why Izzy figured he was a shoe-in.

Undaunted, Izzy pointed out that the job comes with a desk chair. Not to mention other benefits, including:

Dental
Vision
Life Insurance
Long-term disability
10 days of vacation each year for the first five (5) years of service
10 county holidays plus one (1) floating holiday
Dependent Care Reimbursement

Dependent care really rang his chimes. Even though Izzy is only 32, he pays child support for eight kids. But even with that, dependent care is not the biggest attraction for my nephew.

Izzy would get to ride Metro for free. That appealed because riding his bike to work has its drawbacks in August and September. He can only afford to wash his uniform once a week. No wonder the manager referred him to the County job!

The Resilient Izzy

But Izzy as usual saw the bright side. “Hey, it’s an online application. I won’t even have to buy deodorant.”

Reviewing more job requirements, I asked Izzy if he was certain he could solve “complex operational and structural challenges.”

“Damn straight,” he fired back. “I can pour drinks with both hands and feet tied behind my back without spilling a drop. Show me another bartender that can do that!” I wasn’t going to argue the point with Izzy. I figured, at a minimum, his attitude could teach Harris County a thing or two about resilience.

“But do you have the ability to ‘thrive in ambiguity,’ Izzy?”

“What’s ambiguity?”

“That’s where your boss doesn’t tell you what to do,” I said.

He exploded with enthusiasm. “Damn! This job was MADE for me,” he shouted!

Interfacing with Local Officials

“It also says here you’d have to interface with local officials.”

“Hell, I know half of ’em from down at the Crystal Pistol,” he said. “That’s where you really get things done. In the back room.”

Izzy had an answer for everything. I was beginning to think he just might have the right stuff for the job.

Undaunted, I pointed out that he needed five years of supervisory experience.

“I’ve been supervising the dancers at the club longer than that!” he said with a smile that I could hear over the phone. “What else? Give me something harder.”

“Says here you need five years of experience designing, managing, constructing or operating major infrastructure projects.”

Izzy Plugs His Infrastructure Experience

Izzy fell silent. After a long, thoughtful moment, he said, “Well, I spend half of each shift in the bathroom and the other half on the phone. So yeah, I got experience operating major infrastructure systems.”

At this point, Izzy had exhausted me. So I said “Go head. Send in your resume.”

“What’s a resume, Uncle Bob?”

It will be tough to beat Izzy’s qualifications for this job, but if you’re interested, hurry. Applications close September 6th.

I didn’t have the heart to tell Izzy that they likely already have someone specific in mind for the job. Why else would you write a job description that involves managing half the county and fits Nephew Izzy?

Posted by Bob Rehak on 9/1/2021

1464 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 Commissioners to Consider Agreed Order With Double Oak Construction on Woodridge Village Enforcement Action

The month after Woodridge Village flooded Elm Grove Village and North Kingwood Forest for the first time in May, 2019, the TCEQ investigated construction practices there. In the ensuing months, six investigations found 13 violations on the Woodridge site.

More than two years later, the charges against Double Oak Construction will finally be heard by TCEQ Commissioners in their September 9 meeting. This is basically a water quality case that has to do with pollution of Taylor Gully, the San Jacinto East Fork and Lake Houston. Charges include failure to:

Prevent sediment-laden discharge
Prepare a Stormwater Pollution Prevention Plan
Correctly identify receiving waters for the discharge
Implement and maintain effective best management practices.

On TCEQ Commissioners Docket for September 9

Item 29 on their docket reads:

No. 2019-1513-WQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Double Oak Construction, Inc. in Montgomery County; RN110478583; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60.

Water samples taken by the investigators showed that at the outfall:

Total Suspended Solids were 70 times higher compared to upstream
Total Dissolved Solids were almost 18 times higher.

Double Oak had been hired to clear and grub the site. That means removing trees and roots.

*Unchecked erosion from site polluted water downstream with suspended solids 70 times higher than upstream.*

*Abel Vera had to grab his car to avoid slipping in ankle-deep sediment on Village Springs. Vera lives next to Woodridge.*

Definition of Agreed Order

This enforcement action by the TCEQ falls into a category called an “Agreed Order.” A website called USLegal.com defines an agreed order as: “An Agreed Order refers to a written agreement submitted by the parties to a case resolving the issues between them. Once the agreed order is approved by the court and entered in its minutes, it becomes the order or decree of the court with all of the force and effect that any order would have after a full hearing prior to adjudication.”

However, they add: “…until then, an ‘agreed order’ is no order at all, but merely an agreement of the parties. It has no significance … until a judicial … decision gives it significance.” TCEQ Commissioners will take that step on September 9.

Double Oak Penalties Unclear

Documents supplied in response to a FOIA request did not discuss what the penalties might entail for Double Oak. The company left the construction site long ago. It has since been sold to Harris County Flood Control and the City of Houston for a regional stormwater detention basin and sewage treatment plant. So it’s not as if Double Oak can make good by simply agreeing to clean up its act.

Typically, such cases involve a modest fine. The significance in this case: Double Oak apparently is admitting wrongdoing before a decision or settlement has been reached in hundreds of homeowner lawsuits downstream. More on those at a later date.

For More Information

For more on what led to the lawsuits, see:

Elm Grove Residents Look for Answers and Don’t Have to Look Far

What Went Wrong Part 1

What Went Wrong Part 2

What Went Wrong Part 3

What Went Wrong Part 4

What Went Wrong Part 5

Posted by Bob Rehak on 8/31/2021

1463 Days after Hurricane Harvey and 712 Days since Imelda

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.

MoCo Judge Dismisses Lake Conroe Association Lawsuit Against SJRA With Prejudice

Judge Michael Mayes of the 284th Judicial District Court in Montgomery County filed an order today dismissing the Lake Conroe Association (LCA) lawsuit against the San Jacinto River Authority (SJRA). But the most significant part of the dismissal was the way he did it.

Judge Mays dismissed the case WITH PREJUDICE FOR WANT OF JURISDICTION.

Meaning of “With Prejudice” and “Want of Jurisdiction”

“With prejudice” means that the plaintiff cannot refile charges in another court. Basically, the court is saying that it found the case meritless. One lawyer told me, “It’s like saying, ‘Don’t waste the court’s time anymore.'”

The massive floodgates on Lake Conroe (above) have 15X the release capacity of Lake Houston’s. The seasonal lake lowering program was conceived in part as a way to give Lake Houston more time to shed water in advance of major storms.

Re: Plea to the Jurisdiction, according to the website Houston Courts and Cases, “In Texas…A plea to the jurisdiction can challenge either the sufficiency of the plaintiff’s pleadings or the existence of jurisdictional facts.”

In April 2021, the Judge dismissed the case against the City of Houston for want of jurisdiction, but the case against the SJRA remained active until today.

The ruling means that the SJRA’s Seasonal Lake Lowering Plan may remain in effect.

Purpose of Lake Lowering Plan

The Seasonal Lake-Lowering Plan was conceived shortly after Harvey as a way to provide an extra measure of flood protection for the Lake Houston Area while it implemented other flood-mitigation measures such as dredging and additional gates for the Lake Houston spillway. By creating extra storage capacity within Lake Conroe during the wettest months of the year, the SJRA hoped to reduce the risk associated with another massive release like the 79,000 cubic feet per second during Harvey. By itself, that was the ninth largest flood in West Fork history.

2800 Pages of Legal Briefs Come to a 102-Word End

The Lake Conroe Association pulled out the stops for this lawsuit. It filed approximately 2800 pages of legal briefs in four months, ran out of money, and started begging with residents to donate more so it could continue the fight. Today’s ruling will put an end to that.

Reality repeatedly contradicted the LCA’s factual claims. LCA claimed:

Home values around Lake Conroe would plummet because of the plan. They increased.
The school district would run out of money. It didn’t.
Nature would not be able to recharge the lake after a lowering. It did. Repeatedly.
Lake Conroe was not conceived as a flood-control lake. Flood control is a key element of SJRA’s charter.
The lowering would not help protect people in the Lake Houston Area. It did.
The City of Houston committed fraud … by calling for the release of its own water.

In contrast to (or maybe because of) the 2800 pages of legal briefs, today’s court order was mercifully brief – 102 words.

“On this 30th day of August, 2021, came on before the Court San Jacinto River Authority’s Plea to the Jurisdiction, and after considering same, all Answers, Responses, Replies, pleadings, stipulations, evidence, affidavits and attachments filed by the parties, all statutory and caselaw authorities, and all arguments relating thereto, the Court was of the opinion that the following Order should be entered; it is therefore ORDERED, ADJUDGED AND DECREED that San Jacinto River Authority’s Plea to the Jurisdiction be, and it is hereby, GRANTED AND SUSTAINED, and that the above Cause be, and it is hereby, DISMISSED WITH PREJUDICE FOR WANT OF JURISDICTION.”

Now a Meaningful Dialog Can Begin

I’m sure this must come as a bitter blow for some residents of Lake Conroe who supported the long court battle. But perhaps some good will come from the clarity that now exists.

Hopefully, this will open the door to reasonable people who wish to craft a long-term joint management plan for both Lake Conroe and Lake Houston. The people of this region are inextricably bound together by the need to balance water and flood control. Perhaps now we can start a meaningful dialog that addresses both.

Posted by Bob Rehak on 8/30/2021

1162 Days since Hurricane Harvey