HCFCD Raises Questions about Army Corps’ Buffalo Bayou Interim Report

In October, I reported on the Army Corps’ 210-page Buffalo Bayou and Tributaries Resiliency Study (BBTRS) Interim Report.

First look at Corps’ alternatives to reduce flooding on the West Side of Houston

Harris County Flood Control District (HCFCD) provided eight pages of detailed comments on it. HCFCD shared concerns expressed by the public about certain alternatives such as the widening of Buffalo Bayou. HCFCD also expressed that they hoped the Corps would not prematurely rule out some alternatives. The biggest: a flood tunnel.

HCFCD felt the Corps needed to put a sharper pencil to tunnel cost estimates and weigh those against the environmental impact/costs of widening Buffalo Bayou.

High-Level Concerns

Flood Control expressed six high-level concerns:

  1. The Corps seemed to ignore a wealth of studies conducted by HCFCD on the study area and arrived at different conclusions.
  2. The Interim Report presents benefits only in terms of annualized monetary values. “Water surface elevation reductions, numbers of structures benefitted, and the locations of benefits are curiously absent in the main report.” HCFCD believes some cost estimates should be revisited. “In particular, we believe the Interim Report overestimates stormwater tunnel costs and underestimates costs, both environmental and economic, of large-scale conveyance improvements to Buffalo Bayou.”
  3. Estimated project costs are so high, and their benefit/cost ratios so low, that HCFCD anticipates funding challenges on both the federal and local levels. The 2018 Flood Bond did not allocate money for any of the alternatives proposed by the Corps. “However, smaller scales of the alternatives could be more affordable and acceptable to the public, and as a result, are more likely to be funded and implemented. These variations, both for structural and nonstructural alternatives, warrant more attention moving forward.”
  4. The District recommends that “the full array of alternatives be consistently evaluated for environmental impacts, both beneficial and adverse. For example, we see opportunities for habitat restoration associated with the Addicks and Barker excavations…” But “…environmental impacts associated with the Buffalo Bayou channel improvement alternative are underestimated…” HCFCD believes that closer environmental inspection, right-of-way evaluation and public opposition, Buffalo Bayou expansion will not be deemed plausible.
  5. The Corps’ report acknowledges that a non-structural alternative exists to improve water control operations at the existing reservoirs and to update the reservoir’s Water Control Manual. Unfortunately, the Corps does not elaborate much on these alternatives, but HCFCD believes “Operational changes could reduce the scale of alternatives necessary to achieve the desired level of resilience. Plus, modified operations alone could reduce flood risks and mitigate erosion and slope failures along Buffalo Bayou downstream of the reservoirs, both of which are problems that the study aims to address.”
  6. Purchasing additional property upstream of the current reservoirs would require non-federal cost sharing. The Flood Control District questions the rationale for “commingling ownership responsibility with the Corps.” The District says, “We need to more fully understand why the Corps feels it is our responsibility to participate financially should this alternative move forward.”

Detailed Concerns

The report then goes into eight pages of amazingly detailed comments in a spreadsheet format. Most amount to requests for more information or clarification.

For instance:

Buffalo Bayou Widening: Costs vs. Benefits

“What are assumed costs for stream habitat loss associated with deepening Buffalo Bayou 11‐12 feet? How many acres of land would have to be acquired for this alternative, at what cost? How many parcels and/or structures? Please also summarize benefits of this alternative?”

HCFCD comments also include several suggestions:

Excavating Reservoirs: Way to Reduce Costs

Re: additional excavation of the Barker and Addicks reservoirs to increase their storage capacity, HCFCD said the following. “We feel there is an opportunity to further value engineer this alternative by stockpiling material within the reservoirs to create hills which will help limit haul costs.”

Tunnel Cost Estimates Too High; Need to be Weighed Against Tradeoffs

Re: the construction of tunnels to create an alternate route for floodwaters to Galveston Bay, HCFCD said this. “The tunnel cost is shown as $6.5B to $12B. This is significantly higher than estimates prepared during the District’s Phase 1 tunnel study…” The District estimated that a tunnel capable of conveying 10,000 cfs from the reservoirs to the Houston Ship Channel would cost $3 to $3.5 billion including a 50 percent contingency. That’s about a half to a third of the cost estimated by the Corps.

HCFCD fears that tunnels may have been prematurely eliminated from evaluation. Especially because environmental impacts associated with widening Buffalo Bayou were not considered in the decision to drop the tunnels from consideration.

Posted by Bob Rehak on 12/4/2020

1193 Days after Hurricane Harvey

Defendants, Plaintiffs Latest Legal Wrangling in Elm Grove Lawsuits

When last I checked on the lawsuits brought by Elm Grove residents against Perry Homes, et. al., it was early August. The plaintiff’s lawyers had added Concourse Development to the lawsuits and the defendants’ lawyers were blaming everyone in sight, including the flood victims, for their problems.

In September, 2019, residents on Village Springs Dr. in Elm Grove we’re still living in trailers from the May 7th flood when they were struck again. Woodridge Village is immediately to the right, just out of frame. Shown here: sheet flow coming from Woodridge.

Since August, both defendants and plaintiffs have filed another 122 documents, totaling hundreds of pages on the Harris County District Clerk’s website. Some make entertaining reading.

Now, for instance, the defendants’ lawyers argue that they shouldn’t be forced to produce resumes for people being deposed because experience has nothing to do with qualifications.

So here’s what’s happened since the last update.

Key Developments in August

  • Double Oak Construction moved to quash plaintiffs’ “notice of intent” to take the oral depositions of ten individuals (8/17/2020)
  • Figure Four Partners, LTD, PSWA, Inc., and Perry Homes, LLC moved to quash deposition notices and subpoenas duces tecum (subpoenas for documents) (8/18/2020)
  • Concourse Development, Rebel Contractors, LJA Engineering, and Texasite LLC made similar but separate motions (8/19/2020)
  • Plaintiffs’ move to compel depositions (8/20/2020)
  • Defendants then requested an emergency status conference to discuss the motion to compel.
  • Judge Lauren Reeder denied the emergency conference (8/24/2020)
  • Defendants then contacted the plaintiff to set up depositions (8/25/2020). Depositions for 7 of 10 defendant employees were set up
  • Plaintiff’s lawyers sent a letter to the court revoking the request to compel depositions for those 7 individuals (8/27/2020)
  • Figure Four Partners objected to defendants’ request for production of documents, arguing among other things that the defendants had not adequately defined the word “person.” (8/31/2020). The defendants requested, among other things to see the defendants’ (plural) Joint Defense Agreement.
  • Defendants fired off a blistering response the same day (8/31/2020). They argued that Figure Four previously admitted that defendants had a joint-defense agreement, that Figure Four was engaged in a “blatant attempt to mislead the court,” and that Figure Four had not found one mutually agreeable deposition date since April 1.

September Developments

Double Oak moved to transfer venue out of Harris County. They claimed third parties, not they, produced plaintiffs’ damages. (9/11/2020)

Plaintiffs filed “responses to the responses” of Double Oak, Rebel Contractors, Concourse Development, Figure Four, PSWA, and Perry Homes. Plaintiffs, for the most part, allege that defendants failed to be specific in their responses. For instance, when defendants’ alleged that plaintiffs’ damages were the result of prior or pre-existing conditions, they failed to specify what those pre-existing conditions were.

Defendants also alleged that, because they “acted with due care” and “complied with all applicable federal, state, and local law,” defendants’ claims should be barred. Plaintiffs took exception to that claim. They pointed out that defendants do not name “one statute, regulation, or common law requirement that they complied with so that Plaintiff’s claims would be barred.”

October Developments

On October 16, 2020, plaintiffs filed a seventh amended petition with 14 exhibits totaling 273 pages.

One of the major changes: the inclusion of “trespass” as a cause of action. Paragraph 54 under Count 7 on page 23 says, “A defendant commits trespass to real property where there is an ‘unauthorized entry upon the land of another, and may occur when one enters—or causes something to enter—another’s property.’” Barnes v. Mathis, 353 S.W.3d 760, 764 (Tex. 2011).

Other sections of the amended petition appear to have minor changes and updates that address issues raised to date during the case. Rather than try to summarize them all here, I’ll simply provide a link to the amended petition.

Separately, Figure Four objected to the subpoena duces tecum for Richard Hale. Defendants had requested his resume and legal documents to prepare for his deposition (10/19/2020). Lawyers for Figure Four claim Mr. Hale’s experience is not relevant. That seems to asking defendants to take a lot on faith! Figure Four lawyers also claim that by asking for papers that Mr. Hale used to prepare for his deposition that defendants are violating attorney/client privilege.

Figure Four also filed an objection to Taylor Gunn’s subpoena duces tecum. They claimed the subpoena wasn’t a subpoena, that his experience was not relevant, and that the request violated attorney/client privilege.

Rebel and Double Oak also objected to documents they were expected to produce, claiming they didn’t have enough notice (10/26/2020).

November, December Developments

In November, not much happened. Defendants filed documents showing that they had a “Rule 11” agreement with Concourse. A rule 11 agreement refers to Rule 11 of the Texas Rules of Civil Procedures. Rule 11 says that an agreement between lawyers in a case is enforceable if the agreement is: A) in writing and B) filed in the papers of the court or C) unless it be made in open court and entered in the record.

In December, LJA filed an objection and response to the plaintiffs’ subpoena duces tecum for Taylor Baumgartner. LJA also argued that the subpoena violated attorney/client privilege. However, Baumgartner agreed to bring his resume to the deposition.

Status of Depositions, Discovery, Start of Trial

Both sides have done significant written discovery. Estimates range upwards of 20,000 pages of documents produced to date.  Depositions reportedly started in late October. Lawyers will schedule more in January/February.

The trial still appears to be scheduled for the two weeks beginning September 20, 2021. But that could be pushed back by COVID concerns.

Posted by Bob Rehak on 12/2/2020

1191 Days since Hurricane Harvey and 440 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.

Record-Setting 2020 Hurricane Season In Review

Although tropical storms and hurricanes can develop outside the June 1 to November 30 period, yesterday was the “official” end of the 2020 hurricane season. The 2020 season tied or set an astounding number of records. The following compilation comes from Harris County Meteorologist Jeff Lindner.

Tracks of 2020 Storms

2020 By the Numbers

  • The 2020 season was the most active season ever recorded with a total of:
    • 30 tropical storms (pervious record was 28 in 2005)
    • 13 hurricanes (2005 continues to hold the record with 15)
    • 6 major hurricanes
    • This is only the second time the Greek alphabet has been used (previous was 2005).

Landfalls

  • The US coastline – especially the US Gulf coast – experienced a record 12 landfalls, surpassing the previous record of 9 from 1916. Landfalling storms included (Bertha, Cristobal, Hanna, Fay, Isaias, Laura, Marco, Sally, Beta, Delta, Zeta, Eta (2 FL landfalls).
  • The Gulf coast experienced 9 of the 12 landfalls including 5 hurricanes (Hanna, Laura, Sally, Delta, Zeta).
  • Texas and Louisiana suffered 7 of the 9 landfalls with only Sally and Eta making landfall east of the Mississippi River.
  • Louisiana experienced the landfall of 5 tropical systems: 2 tropical storms (Cristobal and Marco) and 3 hurricanes (Laura, Delta, Zeta). Laura and Delta made landfall only 12 miles apart roughly 6 weeks apart in southwest Louisiana just east of Cameron.
  • Portions of the state of Louisiana spent a total of 3 weeks within the NHC error cone this hurricane season. The state of LA was under coastal watches or warnings due to a tropical cyclone for a total of 474 hours or 19.75 days. 
  • Laura was the strongest hurricane to make landfall in the state of Louisiana since 1856.
  • For the most part, storms impacting the US coast in 2020 missed large metro areas when compared to 2017 and 2005. Given the large number of storms that made landfall in the US, the estimated damages were low compared to other years. Damages for the 2020 hurricane season were $37 billion in the US, compared to $307 billion (2017…Harvey and Irma) and $238 billion (2005…Katrina, Rita, Wilma).

Strength, Rapid Intensification, Concentration

  • On September 14, 2020, 5 tropical cyclones were ongoing at the same time in the Atlantic basin (Sally, Paulette, Rene, Teddy, and Vicky). This ties September 1971 for the most number of tropical cyclones at the same time in the basin. 
  • On September 18, 2020, 3 tropical cyclones formed within in 6-hr window (Wilfred, Alpha, and Beta). This is only the second time in recorded history that 3 tropical cyclones have formed in such a short time period…the other time was in 1893. 
  • 10 tropical storms formed in the month of September – the most for any month on record
  • A total of 10 systems experienced rapid intensification (35mph increase in wind speed in 24hrs) in 2020 (Hanna, Laura, Sally, Teddy, Gamma, Delta, Epsilon, Zeta, Eta, and Iota).
  • Hurricanes Delta, Iota, and Eta experienced winds speed increases over 100mph in 36 hours or less. 
  • Of the 6 major hurricanes in 2020, 4 were in October and November and had Greek alphabet names (Delta, Epsilon, Eta, and Iota).
  • Hurricanes Eta and Iota both made landfall only 15 miles apart along the Nicaragua coast both as category 4 hurricanes.
  • Hurricane Iota (160mph) became the latest category 5 hurricane on record in the Atlantic basin and the second strongest November hurricane on record only behind the 1932 Cuba hurricane (175mph)
  • NOAA hurricane hunters flew a total of 86 missions for 678 flight hours and 102 eyewall passages. A total of 1772 dropsondes were deployed.

Threading the Needles

This is not a record, but…every storm that made landfall missed the Lake Houston Area. Beta came nearest and dumped up to 14 inches of rain crosstown.

Posted by Bob Rehak based on data from Harris County Meteorologist Jeff Lindner

1190 Days since Hurricane Harvey

Flood of Foreclosures: Hundreds to Lose Colony Ridge Homes Tomorrow

Wayne Dolcefino, investigative reporter extraordinaire, posted a followup story today to his Thanksgiving expose of Colony Ridge, the world’s largest trailer park in Liberty County. It’s about a flood of foreclosures.

More than 200 Foreclosures Before Christmas

“More than 200 families will lose their land and homes Tuesday as the controversial developer in Liberty County continues mass foreclosures,” says Dolcefino. “Nearly 97 percent of foreclosures in the county are now linked to a neighborhood housing a growing number of illegal immigrants.”

A small part of 13,000-acre Colony Ridge in Liberty County. Photographed last spring.

One in Eight Colony Ridge Lots Foreclosed on This Year

The developer foreclosed on more than 2,700 properties before Thanksgiving this year, according to Dolcefino. With another 200 on the auction block tomorrow, that will make 2,900 – out of a total of 22,356 properties (according to the developer’s website). That’s about 13% of all the lots in Colony Ridge, foreclosed on in ONE year. More than one in eight!

According to Dolcefino, the foreclosure auction should take place on the steps of the Liberty County Courthouse from 10 to 1 tomorrow. Dolcefino caught the developer’s employees faking an auction last time.

Colony Ridge So Far Has Managed to Repurchase Every Foreclosure

Dolcefino also says that Colony Ridge has repurchased 100% of the lots it has foreclosed on. Thus, the developer sells and resells the properties many times over in a revolving door arrangement.

Colony Ridge boasts that they finances land transactions themselves. The developer makes it exceedingly easy to purchase the property with down payments as low as a few hundred dollars. But then he charges up to 13% interest rates on the balance. And the fees for water and sewage hookups can be astronomical.

No wonder the developer and his team (a bunch of ex-boxers) have an undefeated record. It’s the perfect combination punch for unsophisticated buyers, many of whom barely speak English: a down-payment jab followed by uppercut interest rates, roundhouse fees, and the knockout at the County Courthouse.

Posted by Bob Rehak on 12/1/2020

1190 Days since Hurricane Harvey

Interim Guidelines for Atlas-14 Implementation Until New Flood Maps Released

While reviewing the MAAPnext website today, I came across this 1-page PDF that outlines major changes to Harris County’s Policy Criteria & Procedure Manual (PCPM). It describes changes – based on new Atlas-14 Rainfall Statistics – that engineers and developers must follow when designing and constructing flood-control features as part of any development within Harris County.

Atlas 14 Updates Rainfall Frequency Estimates Developed in 1960s

Developers must now design detention and storm sewers around rainfall rates that increase 16-32% compared to the old standards for Harris County.

Data included in Atlas 14:

  • Replaces rainfall-depth information used since the 1960s
  • Provides estimates of the depth of rainfall for average recurrence intervals of 1 year through 1,000 years, and durations from 5 minutes to 60 days.

NOAA collected this data in Texas through December 2017, which includes rainfall from Hurricane Harvey.

New Atlas-14 Rainfall Frequency Estimates for the Lake Houston Area

Floodplain, Detention & Fill Restrictions

The amended policy manual adopts the increased precipitation rates. It also specifies more rigorous criteria for detention basins and fill within the floodplain.

Amendments anticipate that the future Atlas-14 1% (100-year) floodplain will equal the current 0.2% (500-year) floodplain.

Harris County Flood Control District

Therefore, these amendments are considered to be interim and will be reevaluated once new floodplains have been produced as part of HCFCD’s Modeling Assessment and Awareness Project (MAAPnext) in late 2021. You can find more information on MAAPnext at www.maapnext.org.

Zero Net Fill

The old guidelines prohibited developers from adding fill only within the 100-year floodplain. Now they’re prohibited from adding fill within the 500-year floodplain, too. The policy is called “zero net fill.” It means developers cannot bring fill into the floodplains. They can, however, excavate fill from one part of their property and use it to build up another part of their property.

Under new guidelines, developers cannot bring fill into either the 100-year or 500-year floodplains.

For a 20-acre development, the average volume of stormwater within detention basins will increase by about 20%, or about 32,500 additional gallons per acre.

Effort to Harmonize Floodplain Regs with Neighbors’

Harris County works with surrounding counties and municipalities to upgrade and harmonize their floodplain regs. However, the effort has not yet yielded much fruit.

Surrounding counties, such as Liberty and Montgomery, have not yet mirrored these restrictions. In fact, those counties still use their comparative lack of regulation as a competitive tool to attract new development. That, of course, makes it doubly difficult for residents of Harris County. They must not only contend with their own runoff, they must contend with their neighbors’.

Posted by Bob Rehak on 11/30/2020

1189 Days since Hurricane Harvey

UH Geology Professor Weighs in with TCEQ on BMPs Related to Sand Mining

Professor Emeritus William Dupré, Ph.D., of the University of Houston’s Department of Earth and Atmospheric Sciences filed a 36-page report with the TCEQ on sand mining in the San Jacinto River Basin. Dupré has broard experience with geologic hazards and risk assessment. He submitted his report in support of the petition filed with the TCEQ by the Lake Houston Area Grassroots Flood Prevention Initiative to establish best management practices (BMPs) for sand mining.

The first issue that Dupré identified is flooding. “With one exception, all sand mines in the San Jacinto River Watershed are located partially or completely within the regulatory floodway, an area delineated by FEMA as having the highest potential for flooding (and erosion) along major waterways. “[T]he floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential…”. (Montgomery County Flood Plain Management Regulations, 2014, p.25)

Floodway Constriction

Dupré notes that partitioning large areas of the floodway from rising floodwaters by levees and dikes can result in increased flooding of adjacent areas.

A good example: sand mines on the north side the San Jacinto West Fork and I-45 have walled off half the floodplain, forcing floodwaters onto neighboring property on the south side.

Sand mines have walled off more than 200 acres west of I-45 and north of the San Jacinto West Fork. See below.
The high dikes force floodwater to the other side of the river rather than allowing it to spread out on both sides. The concentration of water in a smaller area also increases the velocity and erosion. For close-up of area inside red circle, see image below.
This shows how high the dike around the sand mine is.

Levee Failure Can Flush Pollutants into Waterways

“Flood-induced breaches in levees can also add to the problems of flooding, erosion, and sedimentation downstream,” Dupré says, flushing sediment and other pollutants into adjacent land, wetlands, and waterways. See two examples below.

In the top row, river migration eroded the pit wall which allowed the contents to drain into the West Fork near North Park Drive. In the bottom row, the entire contents of a mine pit drained into the West Fork near Bennett Estates.

In-Stream Mining Disrupts River Habitat

A. Google Earth image of point bar on the west Fork of the San Jacinto River; B. Same bar 5 months later showing un-permitted (i.e. illegal) In-stream “bar-scalping.”

“Since the passage of Section 404 of the Clean Water Act Amendments of 1977, some states have heavily restricted or banned in-stream mining, as have many countries,” writes Dupré. “These restrictions are mainly based on the significant environmental problems associated with this type of mining.”

Such mining can create major disruptions of riparian habitats by increasing the amount of sediment put into suspension. “Major channel modifications can also occur, including upstream incision (headcutting) and downstream erosion and deposition.”

BMPs Can Make Compliance with Regulations More Efficient

In his paper, Dupré next examines applicable regulations and suggests several BMPs to supplement them. He recommends that:

  • All APO’s should develop and make available to regulators and the public a Comprehensive Mine Plan and an Environmental Assessment Report on potential impacts before permits are issued.
  • Likewise, all APO’s should develop and make available to regulators and the public a Reclamation Plan before permits are issued and file a performance bond ensuring reclamation before a production permit is granted. Such permits should have significant civil and criminal penalties for non-compliance.
  • New mining should be minimized or restricted in delineated floodplains and floodways and channel migration zones (areas most like to be eroded by lateral migration and river avulsion).
  • Mines should be “prohibited within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses that the proposed encroachment would not result in any increase in flood levels…. A development permit must be secured from the Flood Plain Administrator prior to the placement of fill or other encroachment in the floodway….” (Montgomery County Flood Plain Management Regulations, 2014).
  • Stockpiles should be located outside the floodway, because of the high potential for erosion (and resultant sediment pollution) during frequent flooding.

Conclusion

Dupré acknowledges that aggregate mining clearly provides valuable material and employment to the state and nation.

Nonetheless, Texas is one of the few states where sand and gravel mines remain largely unregulated. Issues related to flooding, erosion, and sedimentation create many unintended (and undesirable) environmental and economic impacts associated with sand and gravel mines – especially in the San Jacinto River watershed. “I believe there is a clear need for the requirement for BMP’s to better protect the public and the environment,” says Dupré.

TCEQ Public Comment Period Rapidly Coming to a Close For Sand Mining BMPs

On November 11, the TCEQ held a public hearing on a joint proposal between TACA and the Lake Houston Area Grassroots Flood Prevention Initiative to establish best management practices for sand mining in the San Jacinto watershed. The public comment period closes on December 11, 2020 – in just 12 days.

If you want to weigh in on the subject, you can review presentations from the hearing here. TACA and the Lake Houston Area people are in substantial agreement on most points. However, they still differ on four key issues.

  • Where should the BMPs be enforced? On the main stems of the East and West Forks or on the smaller tributaries, too?
  • Should there be performance bonds for reclamation?
  • How far from rivers should the sand mines be set back for safety reasons?
  • Should compliance with best practices should be voluntary or mandatory?

If you have comments or questions for the TCEQ, please e-mail Outreach@tceq.texas.gov. Make sure to include “Sand Mining Rulemaking” in the subject line of your e-mail.

Posted by Bob Rehak on 11/29/2020

1188 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.

Colony Ridge Declares War on Investigative Journalist, Too

Not long ago, Colony Ridge, the world’s largest trailer park, went to war with the City of Plum Grove. Now they are taking on Wayne Dolcefino, one of the nation’s leading. investigative journalists, too.

Somebody needs to tell Colony Ridge developer Trey Harris to give his employees some media training. When Dolcefino set his sights on Colony Ridge, several employees greeted him with hostile language. The word “threatening” comes to my mind. Surely they should know that this will only focus more media attention on their dubious business model.

Dolcefino Credentials

Dolcefino and his television shows have won:

  • Thirty Emmy Awards from the National Academy of Television Arts and Sciences
  • Five Charles Green Awards
  • An Edward R. Murrow award
  • A Jack Howard Award for investigative reporting
  • Numerous honors from the Associated Press and Texas Association of Broadcasters
  • An unprecedented three medals from the international journalism organization Investigative Reporters and Editors.

So it was ironic that Dolcefino titled his latest piece on the war between Plum Gove and Colony Ridge an “Unfair Fight.” If you want to see one of the nation’s top journalists at the top of his form, check out this story.

Unfair Fight

Colony Ridge’s land clearing practices, erosion, and lack of workable detention ponds, have contributed to sedimentation in the East Fork watershed. The developer’s wastewater treatment vendor has also been cited numerous times by the TCEQ for discharging raw sewage into area streams.

But Dolcefino goes way beyond those problems. Check out the revolving-door foreclosures, fake foreclosure auctions, and predatory lending practices that target the vulnerable.

Posted by Bob Rehak on 11/27/2020

1186 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.

Giving Thanks for Flood Mitigation Projects Completed and Underway

It’s easy sometimes to focus so much on problems, that we forget about progress. So let’s give thanks on this fourth Thanksgiving since Hurricane Harvey. We should truly take heart in what we have accomplished in flood mitigation so far.

Detention

The San Jacinto River Basin Master Drainage Study is virtually completed. This lays the groundwork for mitigation projects throughout the 2900-square-mile, seven-county region. It identifies possible locations for upstream detention, one of the three main legs of the Lake Houston Area flood-mitigation strategy (dredging, detention, gates).

Dredging

Several dredging programs have been completed and more are underway.

Completed:
This small strip is all that’s left of the once mighty mouth bar on the San Jacinto West Fork. Dredgers will use it as a base of operations in the next phase of dredging.
Approved, but Not Yet Completed:

Additional Gates

The City of Houston, Harris County, and Coastal Water Authority secured a grant from FEMA to study ways to increase the discharge capacity of the Lake Houston Spillway. That study is almost complete. It identified five alternatives for increasing the discharge capacity.

Engineers are now evaluating the benefit/cost ratios of each. They are also securing environmental permits.

Looking west across Lake Houston Spillway

Next step: FEMA will review the preliminary engineering results. Assuming the benefit/cost ratios justify the projects, FEMA and local partners will fund construction of the selected alternative. Another $47 million has already been set aside for that, but approval is not automatic.

Lake Conroe Lowering

A big thank you to the board of the SJRA which voted earlier this spring to continue its seasonal Lake Conroe lowering policy in the face of withering protests from Lake Conroe boaters. This policy provides an additional margin of safety to those in the Lake Houston Area until other mitigation projects can be completed.

Bens Branch Clean Out

During Harvey, 13 people died after Bens Branch flooded. The now complete Kingwood Drainage Analysis showed that it had been reduced to a two year level of service. That means sediment had reduced its conveyance to the point that it will flood on a two year rain.

Even before the study was completed, Harris County Flood Control started cleaning it out in phases to restore conveyance. From upstream:

Ben’s Branch on 4/21/2020 between the YMCA and Library

Two more phases remain:

Rogers Gully Clean Out

Harris County Flood Control cleaned out a stretch of Rogers Gully in Atascocita that was several blocks long.

Finished excavation of Rogers Gully by HCFCD

Other Ditch Repairs

HCFCD also repaired erosion in the Kingwood Diversion Ditch between Walnut Lane and Kingwood Deer Springs Drive.

HCFCD Diversion Ditch repairs in Kingwood

The City of Houston and Harris County Flood Control also cleaned out and repaired several severely clogged ditches in Forest Cove, Kings Forest, Elm Grove, and Kings Point/Fosters Mill. There may have been more than I missed.

Grants for Additional Crucial Studies Under Consideration

The Texas Water Development Board advanced for SJRA Grant Applications for consideration in the final phase.

Upper San Jacinto River Basin Regional Sedimentation Study 

Would identify and create a plan for implementing potential sedimentation solutions in the Upper San Jacinto River Basin (Lake Houston watershed). It would evaluate the input, output, and storage of sediment for the entire basin as well as for sub-watersheds.  

This sandbar formed overnight during Harvey and blocked the West Fork by 90% according to the Corps. Boats that drew 18 inches of water could not navigate upstream past this sandbar, which has since been removed.

Spring Creek Watershed Flood Control Dams Conceptual Engineering Feasibility Study 

Would perform a conceptual engineering feasibility study of two potential dam/reservoir locations within the Spring Creek watershed. 

Lake Conroe – Lake Houston Joint Reservoir Operations Study 

Would develop a joint reservoir operations and communications strategy for Lake Conroe and Lake Houston. 

Flood Early Warning System for San Jacinto County 

Would provide for installation of rain and river/stream gages at three locations identified as critical by San Jacinto County to provide early warning information to the county during storm events.  

Park Restoration

KSA restored two parks in Kingwood that were severely damaged by Harvey and Imelda. KSA repaired trails in East End Park after each storm. Some had to be relocated because of erosion of the river bank. The Eagle Point trail in East End will become a 2021 project. KSA wants to put down a geo-stabilizing system on top of approximately ten feet of sand deposited by the two storms.

Standing on five feet of sand deposited in East End Park wetlands after Harvey

At River Grove, the Army Corps of Engineers cut an opening through a massive 12-foot-high and quarter-mile-long sand bar blocking the boat ramp and the Kingwood Diversion Ditch. Then KSA excavated parts of the park out from under five feet of sand, created new playing fields, restored the boardwalk, and dredged the lagoon adjacent to the boardwalk.

Dredging of lagoon and boat dock at River Grove Park

Buyouts

Harris County Flood Control started buying out townhomes damaged beyond repair in Forest Cove. At last count, they had purchased 69 of 80. Four of the remaining 11 are in various stages of the buyout process. Owners of the rest had reportedly vanished after the storm, complicating buyouts. Those may need to be condemned before HCFCD can tear down the remaining townhomes.

Edgewater Park and Trails

Harris County Precinct 4 purchased land on the northeast corner of US59 and the West Fork to create a new park called Edgewater Park. Construction was supposed to have started more than a year ago on a park headquarters building, a boat launch, and rest rooms. The County fenced off the property, then delayed construction for unspecific reasons.

Tentative plans for a new Edgewater Park at Hamblen Road and Loop 494

As part of the project, the Houston Parks Board (a private charitable organization which works with the City Parks Department) proposed building a trail that would connect the Spring Creek Greenway with the Kingwood Trail Network. Unfortunately, the trail would have to go through the townhome-buyout area. And buyouts have been delayed.

Commercial Rebuilding

Merchants have totally restored the H-E-B shopping center at Kingwood Drive and West Lake Houston Parkway. Renovations should soon be announced at other centers. Kings Harbor has been restored and new building is underway. Kingwood Village Estates and other condo/apartment complexes have been re-built. And a whole new shopping center has gone in on the southwest corner of US59 and Northpark Drive.

A new CVS store is replacing the old Chase Bank at Kingwood Drive and West Lake Houston Parkway.

Schools Back and Better

Both Kingwood High School and the St. Martha School have been renovated and flood-proofed. Kingwood College is not only back, it’s expanding.

Woodridge Village Detention Completed

Perry Homes finally finished the detention ponds on its Woodridge Village site earlier this year. They don’t have enough capacity to hold a 100-year rain. But they sure work better than what they had in 2019 when the lack of detention contributed to flooding Elm Grove Village twice. Hopefully, they will suffice until the City and County can work out a deal to purchase the property and build enough detention to hold a 100-year rain.

Woodridge Village N2 Detention Pond
Woodridge Village N2 Detention Pond, the largest of five now on the site, during a heavy rain in September.

Bridges

TxDoT replaced the southbound US59 bridge and re-opened it months ahead of schedule. Union Pacific replaced its ancient bridge over the West Fork with a modern replacement. Both bridges have supports wide enough to let trees pass through in future floods. That should hopefully avoid the logjams that back water up, flooding surrounding areas.

New Union Pacific Bridge completed in May 2020 allows trees to pass through during floods.

The City has also made several repairs to the West Lake Houston Parkway Bridge. They not only reinforced the supports, they leveled the road bed.

Community is Back and Better

More than three years after Harvey, the Humble/Kingwood Community is back and better. Because of dredging and ditch repairs alone, we are already safer than before Harvey, when we didn’t recognize many of the problems lurking around us.

Yes, some homes and businesses remain vacant. And much remains to do. But the future of the community is no longer in doubt. That’s thanks to the determination of residents to vowed to restore one of the most unique and livable communities in America.

Thanks also go to local leaders such as Congressman Dan Crenshaw, State Representative Dan Huberty, State Senator Brandon Creighton, Precinct 4 Commissioner Jack Cagle, HCFCD, and Houston Mayor Pro Tem Dave Martin. We shouldn’t forget Mark Micheletti and Kaaren Cambio, two SJRA directors from the Lake Houston Area and others on the SJRA board who voted for lake lowering. Nor should we forget the Lake Houston Chamber of Commerce. And especially Guy Sconzo who led the area’s recovery task force before succumbing to cancer.

My apologies to anyone I left out. Or for any worthy projects that I omitted.

Despite the fact that we still have much left to do, we should not lose sight of our achievements to date. Understanding how far we have come will sustain us in the battles that still lie ahead.

Posted by Bob Rehak on 11/26/2020 (Thanksgiving)

1185 Days since Hurricane Harvey

Heavy Rainfall, Strong Thunderstorms Likely Friday, Saturday

A series of strong storm systems will converge over south Texas late this week bringing heavy rainfall. Moisture will rapidly increase Thursday afternoon and evening.

Black Friday Looking Like Bleak Friday

“We may even see development of showers over the coastal waters Thursday afternoon that begins to spread inland Thursday evening,” says Jeff Lindner, Harris County’s meteorologist. “Expect showers and thunderstorms to increase and expand in coverage and intensity early Friday. A warm front may begin to slow or even stall over southeast Texas from Friday afternoon into early Saturday. That will allow prolonged heavy rainfall due to cell training.”

Moisture profiles for the Friday afternoon into Saturday point toward heavy rainfall.

“Ingredients are in play for prolonged heavy rainfall, cell training, and possible flash flooding.”

Jeff Lindner, Harris County Meteorologist

Then a cold front will approach the region at some point Saturday into early Sunday helping to focus additional rainfall. The upper level trough will slowly move eastward late Saturday into Sunday leading to decreasing rain chances and cold conditions. 

Up to 5-6 inches Rainfall Possible with Hail Threat

A few of the storms on Friday and Saturday could be strong with the main threat being small hail.

Rainfall amounts over the next 5 days (mainly Friday and Saturday) will likely average 1-3 inches over the region with isolated totals of 5-6 inches possible.

Grounds are dry, so much of this rainfall will likely be beneficial. It will help mitigate increasing drought and fire-weather concerns.

Jeff Lindner

Marginal Risk of Flash Flooding

“However,” says Lindner, “should any sort of heavy rainfall axis develop and anchor over any specific location for a period of time…flash flooding could develop. The main concern would be street flooding with the heavier rainfall rates, but rises on area creeks and bayous will be possible in heavy rainfall materializes in the more urban areas.”

Five day rainfall forecast shows 3-4 inches in the Houston Area.
NOAA gives Houston a marginal chance of flash flooding this weekend.

Posted by Bob Rehak on 11/25/2020

1184 Days since Hurricane Harvey

Construction of New Kingwood Middle School Starts With Temporary Detention Pond

Humble ISD recently started construction of the new Kingwood Middle School. The gorgeous, new upgrade to Kingwood’s oldest middle school should open in the 2022 academic year. The new building will occupy the northern half of the site where the athletic fields used to be. After contractors finish the new building, they will then demolish the old one and rebuild the athletic fields on the southern half of the site. See below.

Temporary detention pond in foreground will service the site during construction. The new school will be built behind the old one (left).

Temporary Detention Along Cedar Knolls

Thankfully, one of the first elements of the site is a substantial detention pond on the site of an old parking lot. This pond will be temporary.

Close up of the temporary detention pond on the site of the old parking lot.

The ISD will replace it with a permanent one between Pine Terrace and the new running track. Contractors will then fill the old pond in and pave it over to replace the parking lot.

Construction Sequencing

The following diagrams show how the school district intends to sequence the construction. Contractors are currently in Phase 1B. They have built the temporary detention pond, and cleared/graded the site of the new school. After the new school is built (1C), they will demo the old one and build a second detention pond facing Pine Terrace in Step 2A. The final step (2B): rebuilding the athletic fields, filling in the temporary detention pond and repaving the parking lot.

When complete, the main entry of the new middle school should look like this.

New Kingwood Middle School: a new showcase for Kingwood. Quite a step up from the fortress-like, windowless schools built back in the Seventies and Eighties.

For More Information

You can learn more about the project by visiting the Humble ISD 2018 Bond Fund website.

This video of the October 22, 2020 Humble ISD board meeting contains a presentation on the features of the new school. It promises to be a showcase for all of Kingwood. The part of the video about the new school starts around three minutes in. They discuss construction phasing starting at 13:42.

Nervous Neighbors Can Sleep Easier

A few blocks north and west of here, a cluster of homes not far from North Woodland Hills Elementary flooded during Imelda last year. While that situation was likely due to inadequate storm sewer design, I’m sure KMS neighbors will sleep easier knowing that detention ponds are a major part of the new KMS project from the start. They can certainly take some of the pressure off overloaded storm sewers.

Posted by Bob Rehak on 11/23/2020 with help from Chris Bloch

1182 Days since Hurricane Havey