SJRA Board Accepts Grant Funding for Three Studies

Yesterday, the San Jacinto River Authority (SJRA) Board accepted three grants from the Texas Water Development Board (TWDB) to conduct studies for various projects. This was expected. The SJRA had applied for each of the grants about a year ago. The vote, however, now obligates the SJRA. It’s somewhat like applying for a loan and then signing the contract after it is approved.

Three Studies Now Teed Up

The SJRA and its partners can now officially start three studies:

  • An upper San Jacinto Watershed regional sedimentation study
  • A conceptual engineering feasibility study for flood-control dams in the Spring Creek Watershed
  • A joint reservoir operations study between Lake Conroe and Lake Houston
Lake Houston Gates can discharge only 10,000 CFS (left), while Lake Conroe’s can discharge 150,000 CFS. To help provide better watershed management, the Coastal Water Authority is studying the addition of 1000 crest gates to Lake Houston, necessitating the joint reservoir operations study.

Why Flood Mitigation Takes So Long

We are all learning together how long flood mitigation takes. It’s somewhat frustrating to see a conceptual engineering feasibility study being kicked off one month from the fourth anniversary of Hurricane Harvey.

I’m not pointing fingers at the SJRA, its partners, the TWDB, or the State. If you took the time to read all of the approximately 1500 posts on ReduceFlooding.com, you would see that:

  • Harvey happened right after the 2017 legislature finished its work.
  • Eighteen months elapsed before the legislature met again.
  • It took another nine months for the legislature and governor to approve flood mitigation funding.
  • Then, the TWDB needed to define rules for the distribution of funds, solicit public comment, refine the rules, solicit grant applications, and evaluate them in a competitive context.
  • Finally, add time for related preliminary studies such as the Lake Houston Spillway Improvement Project, the San Jacinto River Basin Master Drainage Study, a sand trap study, and a siting study for the flood-control dams.
  • And don’t forget the time to find partners and develop political consensus around solutions.

Still Years from Construction

The truly scary thing is that even when these studies are completed, we still could be years from construction and more years from completion of any of these projects.

For instance, we just started final engineering on the Lake Houston Spillway Improvement Project. Best-case projections show completion of the project in mid 2024 – 7 years after Harvey.

The system seems set up to protect money more than people. We certainly don’t want people rushing off, building half-baked projects that endanger people downstream, the environment, or the safety of a dam…especially if they produce no demonstrable benefit.

But we also don’t want people to flood multiple times waiting for flood-mitigation improvements. And some have. Remember Imelda? Just a thought as we head into the heart of hurricane season.

Studies Could Take 18 Months to 4 Years

The Spring Creek Flood-control Dam study will take 18 months. The Joint Reservoir Operations Study will take 3 years. And the Sediment Study is scheduled to take 4 years, though Matt Barrett, SJRA’s flood-mitigation director, is trying to compress that to 18 months.

If you missed the original post about these three studies, you can find more details here. SJRA partners in these projects include Harris County Flood Control, City of Houston, City of Humble, Montgomery County and five utility districts.

Posted by Bob Rehak on July 23, 2021

1424 Days since Hurricane Harvey and 673 since Imelda

SJRA to Consider Three Flood-Mitigation Studies Thursday

SJRA directors will consider accepting grant funding for three flood-mitigation studies at their board meeting on Thursday, 7/22/21. The studies include:

  • A joint reservoir operations study between Lake Conroe and Lake Houston
  • An upper San Jacinto Watershed regional sedimentation study
  • A conceptual engineering feasibility study for flood-control dams in the Spring Creek Watershed

The board will also consider executing escrow agreements related to each grant. TWDB grants work on a reimbursement basis. At the start of the project, TWDB puts the grant money into an escrow account. Then funds are drawn down as vendors submit invoices and TWDB approves them.

I posted previously about grant applications for these projects. Now that the grants have been approved, work can actually begin once the board agrees to accept the money. See details below about each project.

Joint Reservoir Operations Study

The addition of 1000-feet of crest gates to the Lake Houston Dam is a game changer for the way reservoirs on the San Jacinto work together. Right now, the gates on Lake Houston have a discharge capacity of only 10,000 cubic feet per second (CFS). The discharge capacity of the crest gates would increase that by more than 4X to 45,000 cfs. It’s still not the 150,000 CFS of Lake Conroe gates, but percentage-wise it’s much closer.

Thus, operators need to re-examine how best to synchronize their operations and plans. For instance, pre-releasing water in advance of a storm might be more viable now as a flood-mitigation strategy.

Another element of this study is a “flow forecasting tool.” It would predict rises in Lake Houston depending on the flow rates in tributaries during major storms. Matt Barrett, SJRA’s flood-mitigation director, says this tool could be useful for flood warnings and evacuations. If you knew that lake water would rise X feet in Y hours, and that your slab was a foot below X, you’d know exactly how much time you had to pack up your valuables and get out.

This study is being conducted with help from the Cities of Houston and Humble.

Upper San Jacinto Basin Sedimentation Study

The upper basin of the San Jacinto River includes everything above Lake Houston. This study has three goals:

  • Understand where the sediment is coming from
  • Learn where it ends up
  • Develop a management plan to handle it.

For the record, here is the scope of work. Note that stakeholder input and public meetings will be a big component of this project (Task 2). Tasks 3 and 6 include evaluation of sand mines. And Task 7 includes “Sand and Gravel Mining Best Management Practices.”

The San Jacinto West Fork has more than 20-square miles of sand mines in the 20-mile stretch between I-69 and I-45, exposing a swath of sediment averaging a mile wide.

The sedimentation study is being conducted with financial help from the Cities of Houston and Humble, and the Harris County Flood Control District.

A related sand-trap study is nearly complete. The SJRA should release it next month for public input.

Spring Creek Flood Control Dam Feasibility Study

About a year ago, SJRA applied for a TWDB grant to study the feasibility of building two flood control dams in the upper Spring Creek Watershed. The partners identified two preferred locations from a previous siting study that considered dozens. The two included Walnut and Birch Creek tributaries.

The objective now: to see whether the benefits justify the costs. Said another way, will the dams reduce flooding and protect enough structures to make the cost of building them worthwhile?

Together, they would have a combined capacity of 20,000 acre feet. That’s significant. But it would provide more benefit to people in the upper Spring Creek watershed than the Lake Houston Area.

The scope of work includes:

  • Environmental due diligence
  • Site investigations
  • Literature and mapping review
  • Permitting requirement investigations
  • Desktop surveys/assessments
  • Preliminary coordination with permitting agency
  • Conceptual design of dams to determine feasibility – geotechnical borings, alternative configurations development, H&H modeling analysis, etc.
  • Cost estimate development – dam construction costs, as well as costs related to land acquisition, utility conflicts and relocations, environmental mitigation, O&M, etc.
  • Update benefit/cost ratios (BCR) from SJRWMDP using data developed as part of this effort.

Partners in this effort include the SJRA, HCFCD, City of Humble, and five municipal utility districts. To learn more about these projects and others, consult pages 19 and 21 of this PDF.

To View or Participate in the Board Meeting

The SJRA board meeting starts at 8am.

If you choose to participate via webinar, register at this link and use webinar ID 950-202-179.

If you use the GoToWebinar App, you will have the opportunity to provide public comments.

To view the Agenda, visit SJRA’s website at: 07-22-21 Agenda and Coversheets.

Posted by Bob Rehak on 7/22/21

1423 Days after 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.

Commissioners Approve Excavation Contract for Regional Detention Pond on Taylor Gully

In yesterday’s Harris County Commissioners Court meeting, commissioners unanimously approved a contract with Spring Sand & Clay LLC for excavation of a regional detention pond on Taylor Gully in Montgomery County at the Woodridge Village site.

Preliminary Engineering Began in Early July

Earlier this year, Harris County purchased Woodridge Village from Perry Homes for this purpose. Currently, engineers are examining several Taylor Gully alternatives.

Woodridge Village
Looking north across Woodridge Village toward Porter from over the Harris/Montgomery County line. The abandoned development currently has five detention ponds that will hold about 60% of the rain in an Atlas-14 100-year storm.

Currently, Idcus, Inc., an engineering company, has been contracted to look at:

  1. Whether existing detention and proposed channel improvements would suffice to mitigate flooding
  2. Whether expanding existing detention would eliminate the need for channel improvements
  3. A combination of the two scenarios above – determining the amount of additional detention and channel improvements necessary to ensure no adverse impact all the way to Lake Houston.
  4. Out-of-the-box alternatives that ensure no adverse impact while maximizing flood mitigation and minimizing construction costs.

The Idcus contract calls for the company to deliver channel and basin layouts for Taylor Gully no later than 300 days from the notice to proceed, which presumably was given in early July. However, excavation could start much sooner than that. (See below.)

Pieces of Puzzle Falling into Place

The no-cost contract with Sprint lets them set their own timetable as long as they complete improvements within three years. Sprint’s timetable will be driven by the company’s ability to sell the material they excavate; that forms their compensation.

The next step is for Harris County Flood Control District (HCFCD) to provide a grading plan to the contractor. While that will not happen tomorrow, the good news is that it won’t require waiting 300 days.

HCFCD can start excavating the retention pond before plans are finalized. After all, it’s not a problem if a detention pond holds more than the minimum required. It’s only a problem if it holds less. Engineers and contractors can adjust plans if necessary after excavation starts. This approach should minimize flood risk for worried Elm Grove and North Kingwood Forest residents.

All the pieces of the puzzle are starting to fall into place.

Posted by Bob Rehak on 7/21/2021

1422 Days since Hurricane Harvey

Commissioners Vote Tuesday on Contract for Woodridge Village Detention Pond Excavation

Tuesday, 7.20.21, Harris County Commissioners will vote on a contract with Sprint Sand & Clay for excavation of a Woodridge Village detention basin. Item #21-3394 on the agenda is only for $1000, but it gives the contractor the right to enter the site and begin removing up to 500,000 cubic yards of dirt (at no cost to HCFCD) which it can then sell.

Backup provided to commissioners states that “This benefits the District because excavation and removal is always the highest cost of any stormwater detention basin that is constructed.”

Details of Proposed Contract

Here is the full text of the proposed agreement. Highlights include:

  • Amount of excavation TBD – somewhere between 20,000 and 500,000 cubic yards, depending on plans that HCFCD will deliver to the contractor based on the outcome on an engineering study currently underway.
  • The contractor must properly dispose of the spoils, which it is allowed to sell to make its money on the contract.
  • Contractor is liable for any materials that are disposed of improperly, i.e., within Base Flood Elevation or the 500-year flood plain and must identify all disposal locations.
  • Time allowed: 3 years.
  • Termination of contract possible if contractor fails to excavate a minimum average of 5,000 cubic yards every month.
  • Contractor responsible for environmental mitigation if necessary, excluding wetlands.
  • The contractor must provide an approved Stormwater Pollution Prevention Plan and abide by it.

The contract outline contains the map above but does not specify the exact size, depth or location of the proposed work within the outlined area – just that it will occur in Montgomery County. Engineers will supply additional details at a later date.

Making up for the 60% Solution

Assuming commissioners approve this, it is good news for the people who live who live in Elm Grove and North Kingwood Forest – indeed, for everyone who lives along Taylor Gully. The detention ponds installed by Perry Homes before they sold the land to Harris County were based on old rainfall statistics and will only hold about 60% of a new 100-year rain defined in Atlas-14.

Looking SE across Woodridge Village toward Elm Grove and North Kingwood Forest, areas where hundreds of homes flooded badly in 2019 twice. Photo taken May 26, 2021.

Sprint Sand and Clay is a regular contractor for HCFCD. Currently, the company is excavating the massive Cutten Detention Basin near 290, Beltway 8 and Cutten Road.

Posted by Bob Rehak on 7/20/21

1421 Days since Hurricane Harvey

Triple PG Mines Ever Closer to HVL Pipelines

A flyover of the Triple PG mine in Porter revealed that the operator started mining right next to five pipelines carrying highly-volatile liquids (HVL). Previously, Triple PG mined next to a Kinder Morgan natural gas pipeline. Headward erosion subsequently exposed the pipeline during Hurricane Harvey and Tropical Storm Imelda. Another storm could do to the HVL pipelines what those did to Kinder Morgan’s.

December 2019 photos shows Kinder Morgan Natural Gas pipeline exposed by erosion.

Now, the Triple PG mine is mining next to the five pipelines carrying highly volatile liquids. They include pipelines operated by Plains, Enterprise and Mustang.

Railroad Commission Map Shows Location of Pipelines

Screen capture from Texas Railroad Commission website shows location of natural gas pipeline (bottom) and HVL pipelines (top) in grassy utility corridor. Background satellite photo shows where headward erosion exposed NG pipeline after miners mined right up to it.

Note Caney Creek meandering to the right of the mine in the satellite image above. When the creek came out of its banks during Harvey and Imelda, it eroded that huge gash you see between the pipelines.

Recent Photo Shows Proximity of Mining to Pipelines

As you can see in the photo below, Triple PG is now mining that same area. It is excavating sand less than a tree’s width from the HVL pipelines. In the next big flood, that will make them susceptible to the same kind of erosion that exposed the natural gas pipeline in the last floods.

Looking south across the utility corridor with five HVL pipelines. Photo taken on May 26, 2021.

Similar Problems Further Up the Pipeline at Another Mine Show Danger

Further up this same pipeline corridor toward Conroe, here’s what happened at the LMI River Bend mine.

Exposed HVL pipelines at LMI River Bend Mine, photographed in January of 2020. This area has since been stabilized before any of the lines ruptured.

If a similar disaster happened at the Triple PG mine and the pipelines ruptured, there would be little to keep the liquids in them from contaminating Lake Houston, the source of drinking water for 2 million people.

The Triple PG mine has a long history of questionable environmental practices. The Texas Commission on Environmental Quality has repeatedly cited the company for illegal discharges of industrial waste water. In 2019, the TCEQ referred the case to the Texas Attorney General for prosecution.

AG Lawsuit Stuck in Slow-Motion COVID Mode

Not much has happened in the lawsuit since then. Shortly after the AG filed the lawsuit, the Guniganti family, which owns the mine, tried to play a shell game with ownership, causing the AG to file an amended petition. Then the Gunigantis hired a new operator which also has a dubious history of compliance with the environmental regulations. The operator is Sumaiah Kurre, of Texas Frac Sand Materials Inc. at 1367 Woodcrest Drive, Houston, TX 77018.

The Texas Secretary of State lists Kurre’s name 47 times in the Texas SOS-Direct database. His name is associated with sixteen different entities in multiple capacities. Many of the entities have lost their right to do business in Texas.

Craig Pritzlaff, TCEQ’s director of Compliance and Enforcement, says the COVID crisis delayed an already complicated case, but neither the Commission, nor the AG have abandoned it. In fact, he said, the TCEQ flew over the mine today. Hopefully, a judge will hear the case soon. This case dramatizes the need for the legislature to adopt best practices for sand mining that provide better protection to the public.

Posted by Bob Rehak on 7/19/2021

1420 Days since Hurricane Harvey and 669 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.

Amazon Expands the Concrete Jungle

Amazon is building a new transportation center on the east side of I-69 just south of the Grand Parkway. Two months ago, this site was little more than dirt. Now, there’s a building with a roof, parking lots and detention ponds. I took all the pictures below on Sunday, 7/17/21.

Looking NNW across the future Amazon site toward the intersection of I-69 and SH99.
Walls are up and the roof is on. A nice touch, from a flood-reduction point of view, is the preservation of what appear to wetlands in the foreground and other portions of the site. See the construction plans here.
White Oak Creek and its floodplain (wooded area in center) form the northern boundary of the Amazon site.
According to Community Impact newspaper, Amazon hopes to open the facility late this year. The site has three detention ponds, all visible in this shot, which is looking south. They are in the foreground, upper left, and near the freeway in the upper right.
Looking SW across the new building and I-69. Note the big cleared area in the distance and see below.
No progress since the last report in early May across the highway at Signorelli’s planned medical center complex.

Amazon’s Prime Location

Amazon’s location will position the company to take advantage of growth made possible by the extension of the Grand Parkway east of I-69. A logistical bonus: the site lies less than 10 miles from Bush Intercontinental Airport.

The giant box-like structure looks like a concrete monolith from the freeway. It has all the charm of the cardboard boxes that will flow through here in a few months. But the relentless pursuit of cost-cutting makes Amazon popular, not architectural charm and uniqueness.

Community Impact says Amazon will bring about 300 full-time jobs to the Porter area, starting at $15 per hour. Amazon will open three more similar facilities in the Houston area this year.

Environment – a Fragile Package

Amazon’s relentless expansion mirrors the growth of the Houston metropolitan area itself. As a concrete jungle replaces the natural jungle, we must all remain vigilant to ensure detention ponds retain runoff in heavy rains and that wetlands are preserved. Too often, the push to pave over every square inch of property increases downstream flooding.

Development is inevitable. But flooding is not if the development is done responsibly.

Posted by Bob Rehak on 7/17/2021

1419 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.

Last Chance to Fight Subsidence: Comment Now

On Friday, July 23, 2021 – one week from today – the public comment period will close on the proposed Desired Future Conditions (DFCs) for the Lone Star Groundwater Conservation District. DFCs represent goals for preserving a percentage of groundwater for future generations and preventing subsidence. A contentious debate has raged for years between those who profit from the pumping of cheap groundwater and those whose property will be damaged by the subsidence it causes.

Subsidence Caused by Excessive Groundwater Pumping

Subsidence is a sinking of property relative to others around it. Unlimited pumping removes the water under homes and businesses that helps to prop them up. When the water is removed, it can create a bowl in the landscape and contribute to flooding.

The Woodlands has already experienced this, where a “graben” is developing between two fault lines. Graben is a geologic term meaning “a block of the earth’s crust between two faults displaced downward relative to the blocks on either side.” Such displacement can damage streets, bridges, pipelines, driveways, foundations and homes.

Modeling has shown that subsidence could cause more than 3.5 feet of sinking in southern and eastern Montgomery County, growing population centers where groundwater pumping is greatest. Subsidence is already a serious concern in The Woodlands where it has triggered faults.

Predicted subsidence in Montgomery County if Lone Star allows the pumping of 115,000 acre-feet per year.

Conflict Between GMA-14 and Lone Star Groundwater Conservation District

Years ago, Texas established Groundwater Management areas to bind the people of a region together, and ensure that public interests outweigh the self-interest of a few powerful people. GMA-14 covers most of southeast Texas. It includes five groundwater conservation districts, comprising 20 counties.

GMA-14’s Proposed DFCs

GMA-14 has debated its next set of desired future conditions (DFCs) since 2016. At its last meeting, members finally adopted the following statement. 

In each county in GMA 14, no less than 70 percent median available drawdown remaining in 2080 and no more than an average of 1.0 additional foot of subsidence between 2009 and 2080.

GMA-14 Desired Future Conditions 

Click here for the full text surrounding the DFCs. 

Let’s break that down:

  • The numbers represent averages or medians within each county.
  • “70% median available drawdown remaining in 2080” means counties cannot draw down their aquifer(s) more than 30%. Seventy percent must remain at the end of the period – 2080. Each district controls this by monitoring aquifer levels and adjusting annual well permits to meet the goal.
  • “No more than an average of 1.0 additional foot of subsidence between 2009 and 2080” means “county-wide.”

Understand that some areas have already experienced significant subsidence in the last decade. For instance, before moving to more surface water, the Woodlands was sinking about 2 centimeters per year. That’s more than three quarters of an inch per year, 7.8 inches in ten years, or almost 2 feet during the life of a 30 year mortgage.

When The Woodlands began using more surface water in 2016 after completion of a surface water pipeline from Lake Conroe, the rate of subsidence dropped 75%.

Subsidence: a Check against Excessive Drawdown

The subsidence metric (1 foot additional) is a check on drawdown. Aquifers can recharge, but subsidence cannot reverse itself.

The subsidence metric ensures that groundwater pumpers won’t deplete aquifers, then magically claim they will recharge in the last year of the monitoring period. It protects both groundwater levels and homes.

Simon Sequeira, owner of a large for-profit groundwater pumping utility in Montgomery County, has fought the inclusion of a subsidence metric in the DFCs for years. This four-page letter to GMA-14 spells out his reasons why a subsidence metric should NOT be included in DFCs. In it, he first claims that drawdown will become an issue before subsidence becomes evident. He then threatens to sue everyone in sight if a subsidence metric IS included. Duh!

If he really believed subsidence is not a factor, why does he protest it so much? And why won’t he answer that question?

“The lady doth protest too much, methinks,” said Shakespeare in Hamlet – a phrase used in everyday speech to indicate doubt regarding the truth of an overly strong denial. 

The simple fact is this. Subsidence was already happening with pumping rates lower than the DFCs proposed. When MoCo started using more surface water, the subsidence leveled off. But get ready for more if Sue-Happy Simon gets his way.

Learn More and Protect Your Property Rights

To learn more about subsidence, check out:

Please consider emailing the Lone Star Groundwater Conservation District before July 23rd. Demand that they adopt the subsidence metric proposed by GMA-14 and a sustainable pumping rate.

Compose your own email to info@lonestargcd.org or just click this link. Don’t forget to replace the placeholders for contact info with your real info and hit send. It only takes a few seconds.

Posted by Bob Rehak on 7/16/2021

1417 Days after 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.

Town Fighting for Survival Stonewalled By County, State Officials at Every Turn

In the last year, I have researched and written more than 50 posts that mentioned Colony Ridge, the controversial Liberty County development with suspect drainage practices. In the last six months, County and State officials have stonewalled requests for documents that could help prove or disprove Colony Ridge violations of the County’s own drainage regulations.

Lack of back-slope interceptor swales and drains means water from lots erodes ditches and sends sediment downstream. Liberty County drainage regulations require back-slope interceptor systems and grass. See Section M on page 100 of Liberty County Subdivision and Development Regulations. But lack of those measures has widened ditch more than 35 feet due to erosion in 6 years, according to Google Earth.

During that year, Wayne Dolcefino, an eminent investigative journalist with a long list of awards, also started investigating Colony Ridge. He, too, has been stonewalled.

Dolcefino Consulting is independently investigating on behalf of neighboring Plum Grove. Residents allege that water spilling out of Colony Ridge has repeatedly contributed to flooding their properties. They have been stonewalled.

Likewise, Colony Ridge drainage wiped out FM1010, a major access road to Plum Grove, because of uncontrolled drainage coming the ditch shown above.

Dolcefino and the City of Plum Grove have filed even more requests for information than I and received little. Today, Dolcefino launched another broadside to remind people that their elected representatives seem to be representing a developer instead of them. See his report below.


Dolcefino Stonewalled; Issues Press Release

The tiny Liberty County, Texas town of Plum Grove has been fighting to save itself from real estate developer Colony Ridge, and now the town is battling back with subpoenas for the records that will prove whether missing drainage records ever existed at all. 

One of those subpoenas was delivered to LandPlan Engineering—the engineering firm that allegedly prepared the plans for the sprawling Colony Ridge subdivision that caters to illegal immigrants with owner-financed lots that do not require government documents to prove identity. 

LandPlan has been asked to produce drainage records, but they have also been asked to show the information that they received about flooding events that have helped swamp Plum Grove properties and destroy the town’s roads. In other words, once Colony Ridge created a subdivision that flooded its neighbors, did anyone care?

The fact that drainage records were missing was uncovered by Dolcefino Consulting, who were hired by the town to investigate possible corruption involving the Liberty County officials who approved what is now becoming the biggest community in the entire county. 

“Good Ole’ Boy Protection Racket”

Liberty County has known for months the drainage records were missing and has ignored calls to force LandPlan and Colony Ridge developer Trey Harris to produce the records. An alleged investigation by the Liberty County Attorney Matt Poston has never been produced. Emails show that the county engineering firm LJA hasn’t pressed the issue either. 

“There is absolutely no excuse for Liberty County to have not forced the production of these records long ago,” said Wayne Dolcefino, President of Dolcefino Consulting. “The Liberty County Judge Jay Knight has proven his negligence, his absolute disdain for the people of Plum Grove, and the next time it floods, if animals or people die, the blood will be on his hands. That’s the bottom line. I bet he would care if it was his neighborhood.” 

The former county engineer Louis Bergman was also subpoenaed. When Bergman left his job with Liberty County, he left with many of the Colony Ridge development records. 

“Bergman should have been brought before a grand jury to detail his relationships with Colony Ridge and whether his recommendations to approve these neighborhoods were based on facts or good ole’ boy engineering,” Dolcefino said. 

Bergman is the father of the Liberty County District Attorney, who has ignored calls from Dolcefino Consulting. 

The flood dangers created by Colony Ridge have threatened the world-famous Ima Survivor Sanctuary in Plum Grove, prompting angry calls for action from hundreds of thousands of supporters across the globe. 

“Time is running out Judge Knight,” Dolcefino said. “When Plum Grove proves the truth—and the lawyers at Lloyd Gosselink will—the truth will come out.” 

The Plum Grove investigation has led to the filing of a criminal complaint by Dolcefino Consulting against the State Representative for Plum Grove Ernest Bailes. 

Bailes refused to provide phone records that were sought in the investigation of his relationship with developer Trey Harris. Bailes has refused to deny acceptance of any trips or private business from Harris. The San Jacinto Sheriff Greg Capers has refused to investigate Bailes. 

“This good ole’ boy protection racket would rather protect Representative Bailes than the public right to know,” Dolcefino said. “Since our reporting on San Jacinto County began, we have received some interesting tips. Stay tuned.”


I might add that for months I have been stonewalled, too. Not one of my inquiries about the county’s drainage investigation which was launched last January has even received an “I can’t comment about ongoing investigations”!

Posted by Bob Rehak on 7/15/2021 based on a press release by Dolcefino Consulting

1416 Days since Hurricane Harvey and 655 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.

FM1485: What’s Wrong With This Picture?

I took this picture on May 26, 2021. It shows TxDOT construction of the new State Highway 99 (Grand Parkway) next to FM1485 in New Caney. The picture looks northeast toward Colony Ridge in Liberty County. The East Fork of the San Jacinto River flows under both bridges toward Lake Houston on the right.

Looking east toward Colony Ridge across FM1485 and the East Fork. Water flows left to right.

Note the huge backup of water trying to get under the FM1485 bridge. Also note how much taller and wider the new bridge is compared to the old one.

How Much Rainfall Caused This?

Here is rainfall for the month of May as measured by the Harris County Flood Control District Gage at this location.

The Harris County Flood Warning System shows that the largest rainfall for the month was 2.28 inches TWO days before the photo. But the ground was clearly saturated from steady, moderate rains the week before.

The gage upstream at FM2090 shows slightly more rain. It reported 14 inches for the month instead of 11, but it received exactly 2.28 inches on the same day this gage did. While 2+ inches in a day is substantial, few in this part of the world would consider it excessive – especially since it was spread out over 5 hours.

Likewise, according to Atlas-14 standards, the rain that fell in the week before would qualify as a 1- to 2-year rain – notable, but not historic.

Note the 7-day rainfall totals in columns 1 and 2.

Submerged 41 Times in 32 years

And after consulting Harris County Flood Control District records, I learned that FM1485 has gone under water 41 times since 1990 – an average of 1.32 times per year.

The East Fork came out of its banks and flooded this area twice in the week before the picture was taken.

Rainfall data, road flooding frequency and the photo all suggest that a 1- to 2-year rain is enough to flood FM1485.

What Should a Roadway over a Major River Withstand?

Yet the TxDOT standard suggests that such minor arterials and bridges over a major river crossing be built to withstand 25- to 50-year floods. Oops!

Obviously TxDOT built a much higher road and a much wider, taller bridge for its new highway. The new one is approximately five times wider than the old one. Construction standards for major highways could account for that. But so could TxDOT’s experience with FM1485.

So What’s Going on Here?

Why did TxDOT make the new bridge so much wider and taller?

  • Did TxDOT just get the engineering wrong on the old bridge?
  • Did bridge standards change over time?
  • Do state highways have higher standards than farm-to-market roads?
  • Did Atlas-14 increase the risk?
  • Did upstream development, such as Colony Ridge, alter the hydraulics of the watershed when the developer paved over wetlands and deforested thousands of acres while providing little detention-pond capacity?
  • Did the mischaracterization of soil types in Colony Ridge lead to more runoff than anticipated?
  • All of the above?
  • Some of the above?

Jeff Lindner, Harris County’s meteorologist, cautions that, “Water surface elevations depend on many variables…rainfall patterns, intensity, soil conditions, water level in the river when the rain started, ect. It is usually difficult to compare events as no two are exactly alike. You really need a hydrological analysis of the location to determine the amount of run-off from that site into the river per an amount of rainfall.”

Good luck with that! More than six months after the Liberty County Attorney launched an investigation into Colony Ridge drainage reports, we still are waiting for answers.

Posted by Bob Rehak on 7/15/2021

1415 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.

HCFCD’s “Frontier Program”: A Collaborative Model for Future Flood Mitigation

Harris County Flood Control District’s (HCFCD) Frontier Program is an effort to avoid the problems of past development in newly developing areas. In the past, making developers solely responsible for flood mitigation on the land they owned likely resulted in small, expensive and suboptimal projects. Often, by the time shortcomings of their efforts became apparent, it was too late to do anything. Sometimes, to make room for effective flood-mitigation projects, whole subdivisions had to be bought out – after years of repetitive flooding. See two images below.

Halls Bayou next to the Fiesta on US59 north in 2002. Note the subdivisions on either side of the freeway and compare this shot to the one below.
To create the detention ponds on either side of the freeway, HCFCD had to buy out entire subdivisions, an effort that took more than a decade. The buyouts took 4-5 times longer than construction of the ponds.

Frontier Program Offers a Different Paradigm

The Frontier Program is an organized effort to plan for regional drainage infrastructure in advance of future land development.

Program managers work with developers and landowners to identify large-scale, mutually beneficial projects for drainage that cost-effectively maximize stormwater mitigation and water quality. Plans also include opportunities for public recreation and open space.

Basically, instead of forcing all the responsibility for floodwater detention onto developers, the developers buy detention capacity from HCFCD. But the detention capacity is in larger, more efficient ponds in optimal locations – large enough to accommodate future growth.

Currently HCFCD district has frontier programs operating in two watersheds: Little Cypress Creek and Langham Creek, both in northwest Harris County.

Little Cypress Creek Frontier Program

Little Cypress Creek’s watershed is 52-square-miles, but it has fewer than 30,000 residents. However, Little Cypress Creek is experiencing rapid development with construction of the Grand Parkway and lacks sufficient natural drainage to accommodate expected growth.

Little Cypress Creek Watershed

The Little Cypress Creek Frontier Program includes nine stormwater detention basins and stormwater conveyance improvements along the creek and its tributaries. The detention basins will hold more than 20,000 acre feet of stormwater. Together with conveyance improvements, flooding should be reduced 5-7 feet. This video, featuring Alan Black, HCFCD’s new acting director who lives in the area, explains how the collaborative effort with developers works.

The 2018 flood-bond funded the watershed’s Master Drainage Plan, as well as stormwater conveyance improvements on Little Cypress Creek from Cypress Rosehill to the confluence with Cypress Creek.

This innovative approach is in contrast to typical efforts in which individual land owners and developers install drainage infrastructure that serves their sites alone, resulting in smaller, isolated stormwater detention basins and minimum-width channels for stormwater management. By taking a regional approach, the Frontier Program protects existing developments and provides proper drainage for newly developing properties. 

Developers participate in the Frontier Program by paying a $4,000-per-acre fee to develop in the watershed service area. Developers also participate by excavating a portion of regional drainage facilities and by dedicating property for right-of-way. The Little Cypress Creek Frontier Program will use impact fees primarily to acquire additional right-of-way along the channel and for stormwater detention basins. 

Bottom line: the program calls for stricter stormwater detention requirements to mitigate runoff from new developments.

Upper Langham Creek Frontier Program

HCFCD operates another Frontier Program on Upper Langham Creek in its 16 square-mile watershed.

Major elements include, but are not limited to: 

  • The 190-acre Greenhouse Stormwater Detention Basin in Harris County Precinct 3. The basin ultimately will provide approximately 860 acre-feet of detention storage. 
  • Another 865-acre basin site at Precinct 3’s John Paul’s Landing Park. It will provide 2,360 acre-feet of detention storage.
  • A six-mile, 700-foot-wide, 14-foot-deep floodplain and stream corridor encompassing Langham Creek between the two basins. The variable-width, undulating corridor design features wide flood terraces (or benches), gentle side slopes and in-line detention storage volume for the mitigation of stormwater flows. Within the corridor, Langham Creek will be redesigned as a natural stable stream, with adjacent forested borders, native grasses, and stormwater quality mitigation features.
Here, developers pay a per-acre impact fee of $3,100.

Pay Now or Pay Later

Some residents have complained about spending HCFCD funds in areas where people do not yet live when they flood now.

But this is truly a case of “You can pay me now or pay me later.” And if you pay later, the cost is almost certain to be exponentially higher and take much longer…after a lot of heartbreak, misery and human suffering.

Analogy: think about a doctor who’s so busy dealing with critical care, she has no time to deal with preventive care.

Posted by Bob Rehak on 7/13/2021

1414 Days since Hurricane Harvey