Officials Slapped With Criminal Complaints for Failure to Produce Records in Colony Ridge Investigation

On Friday, 4/23/2021, journalist-turned-private-investigator Wayne Dolcefino filed criminal complaints against two public officials for failure to comply with the Texas Public Information Act (TPIA) in regard to his widening Colony-Ridge probe.

The TPIA requests included communication records between State Representative Ernest Bailes, Colony Ridge developer Trey Harris, and Colony Ridge lawyer Brent Lane. Dolcefino has also been frustrated in his attempts to obtain communication records from Liberty County Precinct 2 Commissioner Greg Arthur.

Behind the Criminal Complaints

Dolcefino suspects the records may shed light on the relationship between developers and public officials, and who is behind the failure of Liberty County to produce a complete set of Colony Ridge drainage analyses. The drainage reports were sought earlier under a separate TPIA request and relate to flooding issues that suddenly developed in Plum Grove. After Colony Ridge development began, the town’s main road washed out and homes started flooding repeatedly.

The question now is “Why?” are officials so reluctant to comply with the law?

After 4 months, the County still has not supplied the drainage records. Nor has it fully complied with the request for communication records. The latter triggered Dolcefino’s criminal complaints.

Earnest Bailes and Greg Arthur Target of Complaints

District 18 State Representative Ernest Bailes and Liberty County Precinct 2 Commissioner Greg Arthur are “the first,” according to Dolcefino, to be subjects of criminal complaints regarding the hiding of public records. The complaints filed in Liberty, San Jacinto and Travis Counties are part of a widening Dolcefino Consulting investigation of Liberty County’s controversial Colony Ridge real-estate development.

“We do not tolerate public officials who ignore state law. The citizens of Plum Grove deserve to see the records that we have been asking for.”

Wayne Dolcefino, President of Dolcefino Consulting

Still Seeking Communication Records After 4 Months

Bailes’ Communication Records

Dolcefino formally requested a year of Representative Earnest Bailes communication records relating to state business; Trey Harris, the Colony Ridge Developer; and Brent Lane, Harris’ attorney. Dolcefino made the request in December 2020.

In four months since then, Bailes has provided screenshots for just one unidentified week of phone calls and seven text messages. Bailes’ office maintains there are no additional records. According to Dolcefino, Representative Bailes also refused to say whether he accepted trips from the developer.

“We have spoken with the San Jacinto County District Attorney and the San Jacinto County Sheriff’s Office,” said Dolcefino. “We are confident they will seek the immediate production of these records. Representative Bailes has had four months to destroy the records of his text messages and this investigation should include efforts to recover what was on his phone when our request was made.”

Arthur’s Communication Records

Precinct 2 Commissioner Greg Arthur was supposed to supply more than a year of communications records pertaining to county business. Dolcefino says Arthur produced pictures of phone records on a computer screen taken with a cell phone.  “All of the images were hard to read and many were totally illegible,” said Dolcefino. “Commissioner Arthur has ignored repeated requests for the actual, legible phone records.”

Example of records produced by Liberty County Precinct 2 Commissioner Greg Arthur – out of focus images of computer screen.

Drainage Records Still Missing, Too

These criminal complaints came months after county officials failed to find and produce missing drainage reports. The engineering firm that worked for Colony Ridge, Landplan Engineering, has also refused requests by Dolcefino Consulting to provide the drainage records.

The records are instrumental in determining if Colony Ridge broke Liberty County development rules.

Wayne Dolcefino

“We have not asked for the Magna Carta,” says Dolcefino. “These are records that were allegedly reviewed by the former county engineer before he put his state stamp on their plans just a few years ago. At least we know where the Magna Carta is.”

Why Finding Drainage Docs Is Important

In response to an initial request for drainage analyses and construction plans for all Colony Ridge subdivisions, Liberty County initially produced 39 documents. Most mischaracterized soil types in a way that could have contributed to flooding.

Landplan Engineering classified Colony Ridge soils as more permeable than USDA says they are.

If you go by Landplan’s numbers, more rain would soak in and less would run off. That reduces the amount of detention ponds needed, saves the developer money, and lets the developer sell more lots.

But if you go by the USDA numbers, the opposite is true. More rain runs off, more detention ponds are needed, costs go up, and the developer sells fewer lots. And if you don’t build enough detention ponds, people downstream flood.

Who’s right? No one seems to be able to supply soil samples to verify the information. Dolcefino also requested those. But the infiltration rates of the soil types were not the only problem in the Landplan reports.

None of the reports explained HOW Landplan calculated drainage requirements. And none certified, as required by law, that there would be no negative impact to upstream or downstream properties.

Bob Rehak

Posted by Bob Rehak on 4/25/2021 based on input provided by Dolcefino Consulting and Liberty County

1335 Days since Hurricane Harvey and 584 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.

Kathy Perry Britton Fights Being Deposed on Elm Grove Flooding

Lawyers for Perry Homes CEO, Kathy Perry Britton, have filed a motion for a protective order to quash a request for her deposition. The motion involves lawsuits against her company and its subsidiaries for two 2019 floods that affected hundreds of homeowners in Kingwood’s Elm Grove Village and North Kingwood Forest. Ms. Britton’s basic argument: it’s beneath her.

Catch-22: Claims No Unique or Personal Knowledge

Ms. Britton’s attorneys claim she is an “apex-level” official and cannot be deposed without showing that she has “unique or personal knowledge” of discoverable information. This puts hundreds of plaintiffs in a Catch-22 situation – a paradoxical situation from which an individual cannot escape because of contradictory rules or limitations.

In essence, Ms. Britton says defendants can’t depose her because she doesn’t have anything worth knowing. But without deposing her, how could they know that?

Talking Is Too Intrusive

Ironically, her lawyers assert that plaintiffs must learn what she knows through “less intrusive methods” than talking to her. Her lawyers maintain that CEOs live by different rules than the rest of us, and cite seven pages of legal precedents to support their opinion.

Duh!!!!!!!! Making the Case for Negligence?

To reinforce her argument, Ms. Britton personally claims:

  • “I have no first-hand, personal knowledge of any relevant facts…”
  • “I have no first-hand, personal knowledge of the flooding events…”
  • “I have no first-hand, personal knowledge of the construction or engineering practices followed by Perry Homes, Figure Four Partners, Ltd., PSWA, Inc., or any of the subcontractors hired to work on the Woodridge Village Development.”
  • “I have no first-hand, personal knowledge of the selection, hiring, retention, training, or supervision of any of the subcontractors on the Woodridge Village Development.”
  • “I have no first-hand, personal knowledge of any engineering or design requirements for the Woodridge Village Development.”
  • “I have no first-hand, personal knowledge of the engineering design or plans implemented or created for the Woodridge Village Development, including whether and how such plans were approved or followed.”
  • “I have no first-hand, personal knowledge as to whether the work performed at the Woodridge Village Development was properly supervised.”
  • “I have no first-hand, personal knowledge as to what work was performed (or not performed) at the Woodridge Village Development…”

Perhaps this is why so many people flooded! In my opinion, it seems Ms. Britton just admitted negligence.

What’s Proper Response for CEO?

One might think that after approximately 200 homes flooded in Elm Grove and North Kingwood Forest on May 7, 2019, that any competent CEO would have been all over this situation to make sure it didn’t happen again. After all, hundreds of lives were disrupted and the damages could involve tens of millions of dollars. It doesn’t seem like a good time to stick your head in the sand.

If I were the CEO, I would at least investigate to see if my companies had any liability.

Bob Rehak

But no! Ms. Britton now lays bare the problem. The CEO kept her distance. It wasn’t her problem. And then it happened again.

Two to three times as many homes flooded during Imelda – only five months later. For the same reasons. And, if we take her at her word, she still kept her distance.

The floods were important enough for the Harris County Judge Lina Hidalgo; Dave Martin, the Mayor Pro Tem of the City of Houston; and US Congressman Dan Crenshaw to visit Elm Grove. But not Kathy Perry Britton.

Talk About Intrusiveness!

Sitting for a deposition in a comfortable conference room seems far “less intrusive” than having several feet of muddy floodwater invade your home, destroy your belongings, and ruin your vehicles. (Ms. Britton, if you want to know what “intrusive” is, see below.)

Abel and Nancy Vera live next to Woodridge Village (in the background beyond the trees). They burned out two power washers trying to get several inches muck off their driveway after Imelda.
Vehicle destroyed in Imelda flood. Vera neighbor on Village Springs in Elm Grove.
Water in Keith Stewart's home on Shady Maple after May 7th flood in 2019.
Water in Keith Stewart’s home on Shady Maple after May 7th flood in 2019.
The hopes and dreams of children were dragged to the curb for the second time in five months after the September 19th flood in Elm Grove.
US Congressman Dan Crenshaw talking with Elm Grove residents whose homes were destroyed in the September 2019 flood.

It’s curious that a US Congressman took the time to get personal, first-hand knowledge of the floods in Elm Grove and North Kingwood Forest. But Kathy Perry Britton could not. Perhaps picking wallpaper for her new model homes was more important.

I hope the judge in this case quashes the protective order. Read the full text of Ms. Britton’s Motion for a Protective Order here.

Read Plaintiff’s latest amended petition here.

For more about the history of the Woodridge Village fiasco see:

Posted by Bob Rehak on 4/24/2021

1334 Days after Hurricane Harvey and 583 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.

Silence: Liberty County, Colony Ridge, Landplan Engineering Remain Mute on Missing Documents

Wayne Dolcefino titles his latest video “The Sounds of Silence.” It’s about the Colony Ridge problems in Liberty County and the response of officials.

On December 26, 2020, I reported about missing drainage reports for the Colony Ridge development in Liberty County. The post also discussed the mischaracterization of soil types in the reports that did exist. The mischaracterization let the developer overestimate the infiltration of rain and thus underestimate runoff. That meant he needed fewer detention ponds and smaller ditches. And that, in turn, meant the developer could sell more lots. But then the flooding started. Coincidental?

Sounds of Silence

On January 4, 2021, Liberty County Attorney Matthew Poston launched an investigation.

But four months later, the documents are still missing. Without explanation.

Either they got lost or were never developed in the first place. And no one will defend or explain the soil sampling in the documents that were produced.

Neither will anyone talk about how large parts of Colony Ridge got approved by the County without the required engineering documents certifying “no negative effect” on drainage upstream or downstream from the development (see page 5). Note: Plum Grove Road has been washed out since Harvey and keeps getting worse. Neither will they talk about whether conditions at Colony Ridge comply with Liberty County regulations.

  • Jay Knight, the Liberty County Judge, won’t talk.
  • Greg Arthur, Liberty County Precinct 2 Commissioner, won’t talk.
  • David Douglass, the Liberty County Engineer, won’t talk.
  • Louis Bergman, the former Liberty County Engineer, won’t talk.
  • Trey Harris, the developer of Colony Ridge, won’t talk.
  • Earnest Bailes, Liberty County’s state rep won’t talk.
  • Phil Struble, CEO of Landplan Engineering, won’t talk.

Enter Wayne Dolcefino, Investigator Extraordinaire

Wayne Dolcefino, formerly one of the country’s foremost investigative journalists and now a private investigator for the Plum Grove City Council, picked up the scent of a coverup. And he’s running it to ground…all the way to the Liberty County Courthouse and the headquarters of Landplan Engineering in Kansas. Landplan served as the engineering company for the Colony Ridge developer.

Merry Christmas from Colony Ridge. Photographed December 7, 2020. On August 11, 2015, Trey Harris, Colony Ridge Developer, told Liberty County Commissioners he “would work with the County to assure his subdivisions were ones Liberty County could be proud of.” (See top Page 5).

Simon and Garfunkle’s 1965 hit The Sounds of Silence became the theme song for Dolcefino’s latest exposé. In the 13-minute video, Dolcefino asks officials difficult questions about persistent problems that have driven off half of tiny Plum Grove’s population in the last few years.

I never get tired of watching Dolcefino wave his microphone in front of people who walk away to avoid answering questions.

From Dolcefino’s latest video on Colony Ridge. Trey Harris turns his back to Dolcefino and walks away rather than answering questions.

For those who enjoy hard-hitting investigative journalism that speaks truth to power, this is a must-view video.

When it’s all over, you’ll ask yourself the biggest question of all: “Are these officials protecting the people who elected them or each other?”

We may soon find out. I interviewed Dolcefino this afternoon. He told me that his company, Dolcefino Consulting, is filing criminal complaints against State Representative Earnest Bailes and Commissioner Greg Arthur for failure to produce records requested under the Texas Public Information Act.

Keep your eye on this one. It has the potential to affect cozy relationships between developers and officials throughout the state.

Posted by Bob Rehak on 4/23/2021 based on a video by Wayne Dolcefino

1333 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.

Three More Major Projects on Greens Bayou Completed Recently by HCFCD, Army Corps

Tuesday, I posted about three Harris County Flood Control District (HCFCD) floodwater-detention projects in construction on Greens Bayou. But HCFCD and the Army Corps recently completed three more. All three in the latter category started in 2015 – before the flood bond.

Magnitude of Recent Mitigation Investment on Greens

Looking at all six (in construction + recently completed) helps one understand the magnitude of investment in this watershed during the last six years.

The combined cost of all six projects totals more than $222 million.

HCFCD.org

The map below shows the locations of the recently completed projects in black; those still in construction are red. This post will focus on #4, #5 and #6 below.

#4, #5 and #6 represent three projects started in 2015 and recently completed.

#4: Greens Bayou Federal Flood Risk Management Project

The Greens Bayou Federal Flood Risk Management Project, also known as the Antoine Stormwater Detention Basin, lies just east of the Cutten Basin, discussed Tuesday. The U.S. Army Corps of Engineers Galveston District (Corps) and Harris County Flood Control District broke ground in 2015. Phase I cost $58 million. Phase II cost $21.4 million. And channel improvements cost $5.7.

Location of stormwater basin shown in yellow. Cutten basin is to left. Orange brackets show scope of channel improvements.

Phase I included approximately 3.7 miles of channel conveyance improvements from Cutten Road to Veterans Memorial Drive and approximately 108 acres of stormwater detention storage near the intersection of Antoine Drive and Beltway 8.

Phase II construction began in late 2016. It included completion of the north cell of the basin, located north of West Greens Road and excavation of the south cell, which is located south of West Greens Road.

From Google Earth Pro. Most recent satellite image is from 2/11/2019. For more recent construction shots, see below.

The Corps designed and built the project. It also planted trees, shrubs, and grasses on disturbed areas. These features will improve stormwater quality, support wildlife and provide opportunities for recreational benefits.

West Greens Drive bisects the Antoine basin, dividing it into two parts. However, box culverts connect them and they function as a single detention pond. The completed basin holds approximately 1,650 acre-feet, or 538 million gallons of stormwater. To put that in perspective, it holds a foot of rain falling over a 2.5 square mile area, or half a foot falling across 5 square miles!

Looking SW at the Antoine Stormwater Basin on Greens Bayou. Greens Drive bisects the project. Beltway 8 North is in background. Greens Bayou flows diagonally through the frame from right to left. Photographed on 4/22/2021

As part of a cost sharing arrangement, the Flood Control District purchased the 138-acre detention basin site. HCFCD also acquired other property and easements, and relocated utilities. The District will maintain the basin and channel in perpetuity.

#5: Kuykendahl Stormwater Detention Basin

Kuykendahl Stormwater Detention Basin sits on a 288-acre property near Kuykendahl Road and Ella Boulevard along an unnamed tributary of Greens Bayou.

The Kuykendahl Basin is the top purple area.

Contractors removed 3.61 million cubic yards of soil from the site. It holds 2,325 acre-feet, or 757.6 million gallons of stormwater. That’s a foot of rain falling across 3.6 square miles, or half a foot falling across 7.2.

2019 satellite image from Google Earth Pro of Kuykendahl Basin still under construction.

Following construction, contractors planted 22.19 acres of native tree and shrubs, and 12.79 acres of stormwater quality-treatment wetlands. They also created 14.04 acres of other wetlands to replace those impacted by construction.

What the Kuykendahl Basin looks like today, complete with picnic area.

Native, woody, riparian vegetation stabilizes banks, shades water, and creates habitat for birds.

FEMA awarded $39.2 million to the Harris County Flood Control District, under the Hurricane Ike Hazard Mitigation Grant Program (HMGP), for construction of this and another stormwater detention basin (see #6 below). The Flood Control District contributed matching funds for both projects. 

Ceres Environmental Services Inc. constructed the two basins for $63.7 million. Combined, they were the largest construction contract ever managed by the Flood Control District up to that time. The two basins reduced or removed flooding risks and damages from more than 1,100 structures along Greens Bayou. “Avoided damage” exceeds $90 million in every flood. 

Both projects (#5 and #6) are part of Progress Greens, a suite of flood damage reduction projects in the Greens Bayou watershed. All projects under the Progress Greens umbrella will function together to reduce flooding risks and damages for residents and businesses within the 213 square miles of the Greens Bayou watershed.

#6: Glen Forest Stormwater Detention Basin

The Glen Forest Stormwater Detention Basin lies southeast of the Kuykendahl Basin on a 160-acre site east of Interstate 45 and slightly north of Beltway 8. See P500-08-00 in the map below.

The Glen Forest project is at the purple location on the right.

The Glen Forest Basin project removed approximately 2.15 million cubic yards of soil in three connected cells. The completed basin holds approximately 894 acre-feet, or 291.3 million gallons of stormwater. That’s 1.4 square miles one foot deep or 2.8 square miles a half foot deep.

2019 satellite image from Google Earth Pro of Glen Forest Detention Basin at Beltway 8 North and 45 while still under construction.

Basin design included 2.75 acres of native tree and shrub plantings and 0.81 acres of stormwater quality treatment wetlands. 

Natural-channel design features, such as those in #5 above, provide environmental and water-quality enhancement.

The finished project today. Looking WNW from Imperial Valley Drive and Greens Road toward I-45 in background.

Regulation Vs. Mitigation

Areas both up and downstream from these ponds have extremely high-density commercial, industrial and residential development. Drive up Kuykendahl or Imperial Valley, for instance, and you will find mile after mile of apartment complexes. There’s little room for water to soak in during rainstorms.

More sensible development regulations that mandated onsite detention ponds when this area was being built might have prevented a lot of flood damage and heartbreak. Mitigating flood issues is always far more expensive, difficult and time consuming than preventing them. And many times, mitigating them after the fact is not even possible because of the shortage of land.

Value of Coalitions and Cooperation

Projects like the three above don’t happen without the combined efforts of elected representatives at the county, city, state and federal levels, plus community groups such as the Greens Bayou Coalition (GBC).

According to Jill Boullion, former director of the GBC, “The GBC advocated for $55 million in USACE funding from 2009 to 2015 for the Antoine Basin (Project #4) alone. We made many trips to DC, Galveston and Dallas to meet with elected officials, US Army Corps, Office of Management and Budget, and others. The Obama administration finally approved the funding! That was my first advocacy project and, boy, did I learn a LOT!!!”

The moral of that story: never underestimate the value of coalitions and cooperation in moving these projects forward.

Posted by Bob Rehak on 4/22/21

1332 Days since Hurricane Harvey

GLO Announces Homeowner Assistance, Reimbursement Programs for Imelda

The Texas General Land Office will begin taking applications this Saturday, April 24, for Imelda assistance. $71,604,000 is available for Chambers, Harris, Liberty, Jefferson, Montgomery, Orange and San Jacinto Counties.

.Land Commissioner George P. Bush has announced locations of regional Homeowner Assistance and Reimbursement Programs (HARP) offices in advance of the 24th. 

Applicants will be able to schedule an appointment in person in advance for the same day that applications will be available online.

Money Can Be Used For…

The money will cover repair or reconstruction of owner-occupied single-family homes and reimbursement up to $50,000 for certain out-of-pocket expenses incurred for reconstruction, rehabilitation, or mitigation.

Repayment of SBA loans is also eligible for reimbursement.

Car submerged during Imelda in Elm Grove. Photo courtesy of Allyssa Harris.

Appointments Required for In-Person Assistance

“Thousands of homes in Southeast Texas were damaged during during Imelda, devastating the livelihoods of countless Texans,” said Commissioner Bush. “In advance of the Homeowner Assistance and Reimbursement Programs application being released, the GLO is announcing locations of offices to provide residents with help applying for assistance.

Evacuation from Elm Grove during Imelda. Photo courtesy of Keith Stewart.

Where to Get Help

All applicants must make an appointment before visiting an office location.

Appointments will ensure proper capacity under COVID-19 restrictions. Applicants may request additional hours.

Harris County
Location: St. Mark’s United Methodist Church
3811 N Main St, Baytown, TX 77521-3305 

Montgomery County
Location: North Montgomery County Community Center
600 Gerald St, Willis, TX 77378-3477 

Chambers County
Location: Chambers County Municipal Building
211 Broadway, Winnie, TX 77665-7781 

San Jacinto County
Location: Coldspring Area Public Library
14221 State Hwy 150 West, Coldspring, TX 77331 

Jefferson County
Location: First City Building 505 Orleans Street, Beaumont, TX 77701
Hours: By appointment only: Monday – Friday 8:00am – 5:00pm
By appointment only: Saturday 8:00am – 12:00pm         

Orange County
Location: Orange County Convention and Expo Center
11475 FM 1442, Orange, TX 77630-5227 

Pop-up Intake Locations
Hours: All by appointment only
Phone Number: 844-484-4277 (844-484-HARP)     

Main Regional Office:
Phone Number: 844-484-4277 (844-484-HARP) 

Liberty County residents are eligible. An office in Liberty County may be announced in the future. For now, work through the main regional office above (in Beaumont).

Online, Email, Phone Assistance

Interested homeowners may also visit http://recovery.texas.gov/harp to apply online or download a printable version of the application.

Additionally, applicants may email the GLO at cdr@recovery.texas.gov or call 1-844-893-8937 to get help applying.” Up to date office locations and additional information are available at http://recovery.texas.gov/harp. 

Before You Apply, Understand These Things

A single application can be submitted for reimbursement AND repair assistance.

However, an application must be submitted along WITH required documents for consideration.

HARP is “first-come, first-served,” and all homeowners are encouraged to apply immediately.

Households applying for reimbursement that do not meet the low-to moderate-income (LMI) threshold will be processed after the first six months from application opening, but may receive construction assistance prior to then, based on their application date.

HARP is only available for the homeowner’s primary residence.  

Documents You Need Before Applying

Potential applicants should review the Homeowner Assistance and Reimbursement Programs Checklist to have all applicable documents ready prior to applying.

Potential applicants can also find in-person assistance at regional HARP offices serving their area. In addition to a main office in each region, each county will have at least one application drop off location or satellite office. Additional satellite offices and application intake locations may be announced in the future and will be viewable at http://recovery.texas.gov/harp.

Posted by Bob Rehak on 4/21/21 based on information provided by the Texas General Land Office

1331 Days since Hurricane Harvey and 580 since Imelda

Construction of HCFCD Greens Bayou Flood Mitigation Projects in High Gear

One of the largest watersheds in northern Harris County is Greens Bayou. It drains 212 square miles with a population of more than half a million people. It encompasses portions of the cities of Houston and Humble.

Greens Bayou and its tributaries have flooded homes and businesses numerous times in the last two decades. Tropical Storm Allison in 2001 and Hurricane Harvey in 2017 produced devastating floods thanks to large floodplains and high-density development.

An Equity Priority

As a result of high percentages of low-to-moderate income neighborhoods as you work your way east and south along the bayou, flooding in Greens received a high priority in the Harris County’s Equity Prioritization Framework.

Harris County Flood Control District currently has three projects in construction along Greens Bayou with more on the way. One of the three is virtually complete. When I photographed it today, I found contractors doing a final inspection. Here’s a rundown of current and future projects.

Greens Bayou runs roughly parallel with the North Belt before turning south and eventually joining Buffalo Bayou. Projects 1 and 3 are large scale detention projects under construction. Phase 1 of Project 2 is virtually complete.

Project #1: Cutten Stormwater Detention Basin

HCFCD is currently excavating a massive 235-acre stormwater detention basin near Cutten Road and State Highway 249. It will reduce flooding risks in the Greens Bayou watershed by taking in excess stormwater during heavy rain events and then releasing it slowly back to the bayou when the threat of flooding has passed.

Map of the Cutten Detention site courtesy of HCFCD.

The project is budgeted at $16.2 million. And it is approximately one-quarter complete. I took the pictures below on 4/20/21.

Looking SW at the Cutten Basin with the Beltway 8/SH249 intersection in the background. Greens Bayou flows diagonally from the upper right to lower left.
Tunnels under Greens Road will let water flow from the northern section to southern
Looking NE across Hollister Road toward another section of the basin that will connect to the rest via tunnels.
A relentless carousel of trucks carries away one layer of the basin after another.

Project #2: Aldine Westfield Stormwater Detention Basin

Further down the bayou, the Aldine Westfield Stormwater Detention Basin is located just north of Beltway 8 and east of Aldine Westfield Road. The first phase of this project is virtually complete. It sits in a no-fly zone for drones because of its proximity to Bush Intercontinental Airport. So you will have to make do with a ground-level construction photo stitched together in Photoshop from five separate exposures.

Looking SE at Phase One of the Aldine Westfield Basin. Contractors have just finished planting trees to stabilize the slopes. Phase Two has yet to start. It will be to north (left) of this basin.
Phase One has just completed. Phase Two is in permitting.

South and north segments are being constructed in two phases because of environmental permitting. Eventually, the two basin compartments will connect via a 48-inch pipe and will outfall into Greens Bayou.

The first phase above cost $7.7 million. The second will cost $11.3 million.

HCFCD

Because of the location just south of Bush Intercontinental Airport, this basin will not have a permanent pool. Reason: to avoid attracting waterfowl which could create a hazard to aviation.

The two basins will eventually hold approximately 1,250 acre-feet, or more than 407.3 million gallons, of stormwater that otherwise might flood homes and businesses during heavy rain events. The benefits of this project are best understood as part of a suite of projects – Progress Greens – that will work together to reduce flooding risks within the 213 square miles of the Greens Bayou watershed.

Part of Project Greens

Project Greens is a suite of flood damage reduction projects. The Harris County Flood Control District is taking the lead in some, with grant assistance from the Federal Emergency Management Agency (FEMA). In others, the U.S. Army Corps of Engineers will design and construct the project, with partnership assistance from the Flood Control District. 

All projects under the Progress Greens umbrella will function together to reduce flooding risks and damages for residents and businesses within the 213 square miles of the Greens Bayou watershed.

The Aldine Westfield Stormwater Detention Basin project is and will be funded both through the Flood Control District’s Capital Improvements Program and the 2018 Bond Program. If partnership funds are not available, the project will be funded totally from the 2018 Bond Program as a “Local Only” project.

Project #3: Lauder Stormwater Detention Basin

The Lauder Stormwater Detention basin is another 2-phase project. Phase One, just north of Lauder Road and west of JFK Boulevard, will cost $18 million when complete. Phase Two will cost another $20.5 million and be located west of Phase One in parts of the Castlewood subdivision which HCFCD has bought out. Harris County Commissioners Court accepted the Preliminary Engineering Report and authorized the design and construction of Phase Two of the stormwater detention basin.

The photos below show the status of Phase One.

When complete, the Lauder Stormwater Detention Basin will hold at least 1,200 acre-feet, or more than 391 million gallons of excess stormwater. According to HCFCD, the project will reduce risk in more common 10 percent (10-year) floods, but would be overwhelmed in a much larger storm.

While driving around this area, I noticed a new home ten-feet up on stilts, while older homes sat at ground level. Commercial and industrial development around Bush Intercontinental Airport has literally swamped this area. This Lauder Basin is also part of Progress Greens.

The photos below show the status of Phase One construction on 4/20/21.

Looking north from the construction entrance at Lauder Road.
Looking East at the Lauder Basin construction staging area.

The Lauder Stormwater Detention Basin project is being funded both through the Flood Control District’s Capital Improvements Program (for design) and through the 2018 Bond Program (for construction).

Total Cost for Greens Bayou Projects in Construction

Altogether, construction of these three projects will cost approximately $42 million. Phase Two of Aldine Westfield and Lauder basins will cost another $31.8 for a total of almost $74 million. Phase 2 of the Aldine Westfield construction will kick off this summer. And Phase 2 of the Lauder project will start next winter.

Posted by Bob Rehak on 4/29/2021

1330 Days since Hurricane Harvey

City Repairing Storm Sewer Outfalls

One of the most often overlooked points of failure in drainage systems is the lowly storm sewer outfall. When rain flows into the storm sewer on your street, it travels through pipes underground until it reaches the “outfall” at a stream or drainage ditch. If the outfall becomes blocked or damaged, it can back water up and contribute to street flooding.

Often, the damage to the outfall is so remote and difficult to find, that unless someone makes it his or her specific mission, it can go undetected.

Chris Bloch Takes on the Mission

Luckily for Kingwood residents, retired engineer Chris Bloch has made it his mission to identify damaged outfalls and bring them to the attention of the City of Houston. In his quest to help the Kingwood community, Bloch has trudged through mud, muck, brambles and underbrush for years. But his persistence has finally started paying dividends.

Recently the City repaired four outfalls that empty into Bens Branch. The repairs coincided with Harris County Flood Control District’s project to restore conveyance of the channel between Rocky Woods and Kingwood Drive. The result: reduced flood risk to surrounding neighborhoods.

Locations of four outfalls recently repaired by City of Houston in conjunction with HCFCD restoration of Bens Branch

Below: pictures before and after the repairs.

Outfall #1: Cedar Knolls At Woods Estates

Outfall #1 before repairs. Severe erosion exposed then partially severed pipe. The erosion resulted from churning water behind a logjam in the natural section of Bens Branch.
The logjam that created the erosion has since been removed by HCFCD.
Outfall #1 drained approximately 10.7 acres.
The outfall repaired by the City was upstream of HCFCD’s Ben’s Branch restoration project. Of the two other outfalls in this photo, HCFCD repaired the one in the foreground and the City repaired the one in the middle. See Outfall #4 for more info on that one.

Outfall #2: Laurel Garden and Bens Branch

At point #2, drain pipe had cracked and was pushed upward, causing water to back up.
How the same outfall looks today.

A sinkhole also developed along this line. That usually results from part of the pipe collapsing in on itself. Dirt above the hole then erodes into the pipe. The City plans to address the sinkhole now that Flood Control has finished its work.

Outfall #3: Wildwood Ridge Near Deerbrook

According to Bloch, this area originally had 22 feet of corrugated metal pipe and another 50 feet of concrete pipe sections that failed. Erosion undercut the pipe and washed it away.

Outfall #3 before repairs.
Outfall #3 before repairs.

As erosion widened and deepened the area around the destroyed pipe and a manhole, trees fell into the widening “ditch.” The blockages caused the water to churn, creating even more erosion.

Below is the “after” shot. Instead of replacing all the pipe, the City created a wider ditch that will greatly improve street drainage in this watershed.

The area eroded by the damage to outfall #3 has been replaced by a side ditch. It will provide more than enough conveyance to handle water exiting the 36″ pipe.

In the picture above, the rocks surrounding the outfall are called riprap. Riprap is a permanent layer of large, angular stone, cobbles, or boulders typically. Riprap armors, stabilizes, and protects the soil surface against erosion and scour in areas of concentrated flow, such as at outfalls.

The storm sewer outfall #3 services a drainage area of 28.6 acres.

Outfall #4: East Side of Bens Branch at Rocky Woods and Wildwood Ridge

During a storm, the cover on this manhole blew off. Later, young people threw wood into the open manhole and started fires while they drank beer.

Before repairs. The manhole acted as a chimney that made it easy to have a roaring fire.
People also threw beer cans and other debris into the manhole.

Eventually the sewer line became completely blocked according to the City. As a result, storm water backed further up the line. Increased pressure lifted covers off of all upstream manholes. In addition, the pressure forced storm water out between the concrete pipe joints and created a number of sinkholes.

Due to all of this damage approximately 580 feet of 24-inch sewer line and three manholes had to be replaced by the City. This is probably one of the most expensive cases of vandalism Kingwood has experienced.

Chris Bloch

With the line completely blocked, it was of no use and storm water runoff from this area would flow further down Wildwood Ridge where several homes suffered flood damage.

The old outfall.
Outfall #4 after repairs. Note also replacement of the manhole. Not shown: the 580 feet of other repairs including more manholes.
The drainage area serviced by this sewer is only 5.6 acres, the 24-inch line was more than adequate for this acreage.

Kudos to the City and Bloch

These are just four of several repairs underway. More news to follow.

Thanks to the City of Houston, Mayor Pro Tem and District E Council Member Dave Martin, and his staff for coordinating these repairs with the Public Works Department. Residents will sleep much better in the next big storm.

Thanks also to Chris Bloch for his tireless efforts in reporting these issues. If you find similar problems near your home or business, please report them through the contact page on this web site. I’ll make sure they get to Chris who will make sure they get to the people who can help.

Posted by Bob Rehak on 4/18/2021 based on information and photos collected by Chris Bloch

1328 Days since Hurricane Harvey

HCFCD Completes Removal of Another 10,000 Cubic Yards From Bens Branch

Harris County Flood Control District (HCFCD) contractors have completed removal of virtually another 10,000 cubic yards of sediment that had accumulated in Bens Branch between Rocky Woods Drive and Kingwood Drive. While a little cleanup work and equipment removal remains, we can call this job “well done.”

Scope of Work Completed

HCFCD widened and deepened half mile stretch of the creek/ditch. Flood Control also re-sloped the banks, straightened the flow lines, replaced backslope interceptor drains, restored the original conveyance of the ditch, and replanted grass.

Tens of Millions in Nearby Damages during Harvey

During Harvey, dozens of homes flooded along both sides of this channelized stream. So did Kingwood High School and the old H-E-B shopping center north of Kingwood Drive. The shopping center is still mostly vacant because of flood damage. And the Humble ISD spent $70 million to restore Kingwood High School which flooded to the second floor.

Approximately 1000 Truckloads of Sediment Removed

Given that your average dump truck holds about 10 cubic yards, contractors removed about a 1000 truckloads of sediment during this phase of the Bens Branch project.

While the truck traffic got intense at times, contractors finished months ahead of schedule. They originally scheduled completion for early July.

Before/After Photo Essay

The first photo below was taken in January before the start of the project. I shot the rest on April 16.

Bens Branch at Rocky Woods in January 2021 before start of clean-out project.
Bens Branch at Rocky Woods after completion of project on April 16, 2021. The greenish tinge on the slopes is hydro mulch. Hydro mulch is grass seed embedded in a gelatin which can be sprayed on the slopes. Nutrients in the gelatin help ensure that grass will begin to grow in the least amount of time possible, hopefully before heavy rains can erode the slopes.
In fact, new grass shoots are already poking out of this ground. This new drain at Laurel Garden replaces one that had collapsed and become almost totally blocked. The average service life of galvanized corrugated metal pipe is up to 40 years.
New entrance to drain behind maintenance road on side of ditch.
Note the warning. Waste dumped in these drains blocks them and contributes to neighborhood flooding. Even if waste does not block the drain, it can wind up in Lake Houston or Galveston Bay.
Looking back upstream toward the new drain at Laurel Garden.
This shot dramatizes the proximity of Kingwood High School to the ditch. Looking downstream. Notice Lake Houston in the background in the upper left.
Looking upstream from Town Center
Looking downstream from the middle of the Bens Branch project toward Town Center.
Only removal of the temporary crossing and three pieces of equipment (lower left) remain. Every building in the background flooded during Harvey.

No More Bens Branch Projects Scheduled At This Time

This was the fourth and final phase of Bens Branch restoration. Previous projects addressed Bens Branch from:

HCFCD says it has no plans at this time to address the portion from the Y to the West Fork near Kings Harbor.

No one can guarantee that this work will prevent a future flood, but it will certainly make one less likely.

Thanks to the women and men of HCFCD and their contractors who kept the Bens Branch project moving through the pandemic. And to the US Department of Agriculture’s National Resources Conservation Service which provided partial funding.

Thanks also to the Bear Branch Trail Association, Kingwood Service Association and Kings Forest CA. All helped provide access to the project area across their property.

Onward to other projects such as Woodridge Village Detention, Taylor Gully restoration, and Diversion Ditch expansion. More on those in future posts.

Posted by Bob Rehak on April 17, 2021

1328 Days since Hurricane Harvey

Environmental Regulation Committee Taking Public Comments on Three APO Bills

The Environmental Regulation Committee of the Texas House of Representatives will hear public testimony on three bills concerning sand mines/aggregate production operations on Monday, April 19, 2021. You don’t need to go all the way to Austin to testify. You can leave your comments on the Committee’s website. Just remember, there’s a 5000 character limit. See more about the bills below.

HB 767: Best Practices for Sand Mines

HB767 by Dan Huberty would require the TCEQ to establish best practices for sand mines and publish them on its website. Right now, Texas is one of the few states that doesn’t have a codified set of best practices. Granted, though, some are embodied in the terms of permits and federal laws. But the public never sees these. And many best practices common in other states are notably absent in Texas. For instance, there are no setbacks specified for sand mines from rivers in Texas. Companies can mine right up to the edge of rivers…in the floodway. Then when floods happen, dikes collapse and sediment gets washed downstream.

The Bayou Land Conservancy submitted this letter in support of HB 767. Two key points:

  • Best management practices (BMPs) would provide guidance for the industry and expectations for the community about how these facilities will be managed and the legacy they will leave.
  • BMPs would aid stakeholders in identifying which companies are interested in working with and protecting nearby communities.

HB 767 is scheduled for public hearings in Environmental Regulation on 4/19/2021. To learn more about the bill, click here. To support the bill, go to this web page and leave your comments. It’s quick and easy.

HB 291: Reclamation Plans and Performance Bonds for Sand Mines

HB 291 by Representatives Murr and Wilson calls for sand mines to file a reclamation plan before they get a permit to start mining, estimate the cost of the reclamation, and post a performance bond in that amount. Every time the mine expands, the owners would have to update the plan. The purpose of this bill is to ensure that miners simply don’t walk away from mines after the last ounce of profit is milked from them. That’s what many do now. The East and West Forks of the San Jacinto are littered with abandoned mines and rusting equipment. This bill also specifies the types of things that would have to go into the reclamation plan. It is scheduled for a hearing in the Environmental Regulation committee on 4/19/2021. To learn more about the bill, click here.
To support the bill, go to this web page and leave your comments.

HB 1912: Limiting Sand Mine Pollution

HB 1912 by Wilson would limit air-, light-, noise-, and water pollution; and soil erosion. It also sets limits, mandates monitoring equipment, and requires financial assurance for handling violations. Aggregate production operations throughout the state have had these problems. To learn more about the bill, click here. To support the bill, go to this web page and leave your comments.

Video Broadcast of Meeting

A live video broadcast of this hearing will be available here: https://house.texas.gov/video-audio/. The meeting starts at 2 p.m. or after adjournment of the House for the day.

Texas residents who wish to electronically submit comments related to this and other bills without testifying in person can do so until the hearing is adjourned by visiting: https://comments.house.texas.gov/home?c=c260.

One Sneaky, Bad Bill to Fight

Representative Harris of Hillsboro, TX has introduced HB 2144. Keep this on your radar. It takes away a private citizen’s right to sue for nuisance. For instance, if a sand mine were spewing silicon dust on your property, polluting your water, or flooding your home, you would have to convince the state to sue them. Good luck with that.

“Only the state or a political subdivision of this state may bring a public nuisance action…”

HB2144

This bill has already passed out of committee. So the only way to fight it now is with amendments or on the house floor when it comes up for a vote. I suggest you contact your representatives and try to get them to fight this bill. To learn more about the bill, click here. It does not have a companion bill in the senate but, if approved in the House, would go there for consideration.

Today, nuisance is the most frequently pled theory of liability under common law tort for environmental litigation. Under public nuisance, a plaintiff, either a government entity or a private individual, may bring suit if there are damages, interference, or inconvenience to the health or safety of the public at large. 

HB 2144 would restrict public nuisance law only to cases where a person causes an unlawful condition, namely “an ongoing circumstance or effect … that is expressly prohibited by the laws of [Texas].” Further, the bill specifically provides that persons or entities engaged in “lawful manufacturing, distributing, selling, advertising, or promoting a lawful product” cannot be a public nuisance.  This ignores the fact that people and property can be seriously harmed even though no statute or regulation is violated – that’s one of the reasons we have common law causes like nuisance to begin with!  HB 2144 would remove the ability for the government or individuals to stop such harms from occurring or to seek redress.

Posted by Bob Rehak on 4/15/2021

1326 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.

Martin Announces Lake Houston Safety Plan With Color-Coded Zones

Mayor Pro Tem Dave Martin announced today a “Lake Houston Safety Plan.” It promotes lake safety by helping boaters better identify their locations on the lake when calling 9-1-1, so help can arrive faster.

Lake Houston Safety Plan Map courtesy of City of Houston, District E. For a printable high-resolution version, click here.

Use Colors to Narrow Down Location when Calling for Help

Martin worked with City of Houston’s Planning Department to create a map identifying seven geographic areas by color for residents needing to identify their position on the lake. Martin’s District E Office, Houston Fire Department, Houston Police Department and Lake Patrol Division, Houston Emergency Center, Houston Public Works, and Harris County Sheriff’s Office jointly designed the map.

When contacting first responders, the color coded zones will help reduce response time by narrowing down a boat’s location. The City will provide the safety plan map to all public docks/piers and private launch areas for posting. Dispatchers at Houston’s Emergency Center have already started training based on the map.

Maps have also been provided to all Lake Houston Area first responders. The City of Houston Public Works Department will also place highly visible signs on bridges crossing Lake Houston and the San Jacinto River with the names of roadways by Memorial Day.

For More Information on Safety Plan

District E will conduct outreach events, launch a targeted social-media campaign, and send out a mailer this summer to Lake Houston residents with more information on the Safety Plan.

To receive resources on the Lake Houston Safety Plan or to schedule a member of the District E Team to provide a presentation to your group directly please call (832) 393-3008 or email the District E Office at districte@houstontx.gov.

Posted by Bob Rehak on 4/15/2021 based on information from Dave Martin’s Office

1325 Days since Hurricane Harvey