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Harris County Commissioners to Consider Purchase of Woodridge Village Again in Tuesday Meeting

Harris County published the agenda for next Tuesday’s Commissioners Court meeting. Once again, the purchase of Woodridge Village is on the agenda. The Perry Homes property contributed to flooding in Elm Grove Village twice last year, after the developer clear cut the land but did not yet install detention. Now, even with detention installed, the amount will likely be insufficient to forestall future floods because the engineers calculated the volume needed based on pre-Atlas 14 rainfall estimates. The new Atlas-14 estimates are about 40% higher than the old ones.

Since the 2019 floods, both the City and anxious Elm Grove residents have been urging the county to purchase the property and turn it into a regional floodwater detention facility to help protect homes in the Taylor Gully Watershed.

Commissioners first considered the purchase in April. When they could not reach agreement then, the issue resurfaced in several other meetings, but Precinct One Commissioner Rodney Ellis kept heaping new conditions on the deal. First he wanted the City of Houston to pay for half the purchase price. Then, half the construction cost of building additional detention. The the City also had to adopt Atlas 14. And the City had to upgrade multiple development regulations to become consistent with County regs. And the City couldn’t just promise to do those things in an interlocal agreement. Future tense. They had to actually do them. Present tense.

Agenda Item 1T Under County Engineer

Item 1T Reads:

Recommendation that the court find a public necessity exists for the Flood Control District to purchase Tracts G503-06-00-01-001.0 and G503-06-00-01-002.0 in Montgomery County from Figure Four Partners, Ltd., in the amount of $14,019,316 plus closing costs for the Woodridge Village stormwater detention basin, and that the Real Property Division Manager or Assistant Division Manager be authorized to sign any agreements or closing documents associated with this transaction.

Documentation attached to the agenda item mentions the previous conditions put on the sale, but also focuses on “public necessity.” Declaring a property a public necessity is necessary before the county could purchase it. Even if commissioners approve this agenda item, they would need to revisit the issue to ensure the City has complied with all conditions the commissioners previously imposed on the sale.

The letter from the County Engineer to commissioners also proposes an inter-local agreement, which Commissioner Ellis previously objected to.

Status of Perry Detention Ponds

Excavation of all five detention ponds on the Perry site is complete, although some finish word remains on N3. Contractors finished S1 and S2 earlier this year. Since then, they have also virtually completed N1, N2 and N3. All pictures below were taken within the last two weeks.

*N1 in the northwest corner of Woodridge.*

*N2 in the middle part of the western perimeter.*

*N3 along the eastern border of the site.*

Together, these three ponds comprise 77% of the total acre/feet of detention on the site.

The newly excavated increase of capacity will help protect Elm Grove residents in rainfalls up to 12.17 inches. But complying with the new Atlas-14 regulations would require protection from a 17.3 inch rain in 24 hours. That’s about 40% more. Hence the need to purchase the property before it is developed into homesites.

TD 14 could test LJA’s design of the ponds when the tropical system makes landfall next Tuesday.

Latest Update on Tropics

At 7 p.m. EDT, the National Hurricane Center issued updates on the two tropical systems that threaten the northern Gulf. Both could affect the Texas/Louisiana area on Tuesday. That should be around the exact time commissioners are scheduled to meet virtually. I’m assuming the meeting could be postponed if the storm turns into an emergency.

I’ve heard rainfall estimates ranging from 3 to 18 inches for the storm(s). Here’s what the storms are currently doing according to the National Hurricane Center.

Tropical Depression 14 is currently dumping three to six inches of rain in the eastern portions of the Mexican states of Quintana Roo and Yucatan, with isolated maximum totals of 10 inches.

Tropical Storm Laura is also expected to dump three to six inches of rain in the Dominican Republic, Haiti and Cuba, with isolated totals up to eight inches.

NHC predicts both storms will intensify into hurricanes in coming days.

*Only this morning, the cone was centered on Mississippi and Alabama.*

*Tropical-storm-force winds currently extend outward up to 115 miles (185 km) from the center, but the storm is projected to intensify into a hurricane before making landfall.*

If these two storms merge, things could get interesting. Compared to the last two days, the cone of uncertainty for TS Laura keeps shifting to the west. And its wind field now includes the Houston Area.

Posted by Bob Rehak on 8/21/2020

1088 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.

Not Since 1933 Have Two Hurricanes Hit the Gulf Simultaneously

As of 11 a.m. Friday morning, we have Tropical Depression 14 and Tropical Storm Laura poised to enter the Gulf of Mexico. Forecasters predict both could intensify into Category 1 hurricanes. Not many living people can remember the last time we had two hurricanes in the Gulf at the same time. Jeff Lindner, Harris County’s meteorologist found only one other instance. That was in 1933 when two tropical systems made landfall near the Florida panhandle and near Brownsville, Tx.

That said, the National Hurricane Center updated forecasts for TD14 and Laura at 11 a.m. Here are the current positions of the storms.

TD 14 is the most imminent threat. It is currently in the Bay of Honduras battering the Bay Islands.

TD 13 intensified into a tropical storm overnight and was given the name Laura. It is near the windward islands, heading NW toward Cuba and Florida. The big question: Will land interaction weaken the storm? At this hour, some models show it dissipating. Others show it intensifying into a hurricane.

Current Forecast for TD 14

*The Lake Houston Area could start feeling tropical storm force winds (greater than 39mph) by next Monday night.* *The current most likely timing for the arrival of TS (40mph) winds would be around 11:00 p.m. Monday to 2:00 a.m. Tuesday.*

*Current forecasts show the storm briefly intensifying into a hurricane and then diminishing to a tropical storm as it approaches the upper Texas Coast between Tuesday and Wednesday mornings.*

*NHC says it’s too early to determine exact impacts to the upper Texas coast. Too much uncertainty remains.*

Rainfall Potential

Last night, Channel 2 KPRC news predicted the possibility of 12 – 18 inches of rain out of this storm. That may be high.

At this time, Jeff Lindner, Harris County Meteorologist, predicts the storm will drop 3 – 5 inches of rain, mainly to the east of I-45, with some higher amounts possible.

“Grounds are very dry over the region, so the area soils will be able to handle some rainfall…at least a few inches…before significant run-off begins,” says Lindner. “Confidence is not high on the track and that will in the end determine where the maximum rain falls…with most of the heavy rain falling along and east of the track of the center.”

Meanwhile, the National Weather Service is only predicting a 50-60% chance of rain for next Tuesday.

The lower estimates may give hope to the people in Elm Grove who flooded last year. The detention ponds now in place on Woodridge Village were designed to handle that much rain. But if we got 18″…

At this time, the SJRA is not releasing any water. Lake Conroe is at 199.84 feet. Lake Houston is down about three-quarters of a foot from its normal level.

Tropical Storm Laura

*The outer tropical storm force winds could arrive in Louisiana by Tuesday morning next week. That’s about 12 hours after TD-14 arrives on the Texas coast.*

Laura will likely intensify into a hurricane by the come it strikes the eastern Gulf coast.

Some Interaction Between Two Storms is Possible

Some models indicate interaction between TD 14 and Laura. That could slow TD 14’s forward motion over the Gulf. However, at this time, it is unclear whether Laura will have any influence on TD 14.

Preparation

Remember: Chance favors the prepared. Make sure you have fresh batteries. Stock your supplies. Fill your gas tank. Refill your prescriptions.

Check weather forecasts at least two or three times a day.

They get the information first.

Posted by Bob Rehak on 8/22/2020

1088 days since Hurricane Harvey

FEMA to Fund Additional Million Cubic Yards of Dredging from West Fork Mouth Bar Area

Houston Mayor Pro Tem Dave Martin announced today that FEMA will fund the dredging of an additional million cubic yards of sediment from the area around the San Jacinto West Fork Mouth Bar. The giant sand bar partially blocked the mouth of the West Fork during Harvey and backed water up. It contributed to the flooding of thousands of homes and businesses in Kingwood, Humble and Atascocita.

Only a skeleton of the above-water portion of the mouth bar remains. But water remains shallow on both sides of it. Note all the trees and little islands poking up between the bar and camera position. Photo taken 8/20/2020.

Ending a Three-Year Debate

The City and FEMA debated for almost three years about how much sediment Harvey deposited in the area between Kings Point and Atascocita Point. The disaster declaration following Harvey only allowed FEMA to fund dredging of sediment deposited by that storm, not to pay for any deposits there previously.

Back before Great Lakes removed its hydraulic dredge, the City commissioned TetraTech to determine the quantity. In April 2019, the City submitted TetraTech’s ninety-four-page report. Based on core sampling, TetraTech estimated that Harvey deposited approximately 1,012,000 cubic yards of sand/sediment.

However, the United States Army Corps of Engineers (USACE) disputed the TetraTech’s conclusion. USACE pulled the Great Lakes dredge from the river on September 3, 2019, after dredging only 500,000 cubic yards from that area.

Now, FEMA has reversed course. It concurs with the City’s findings, thanks in part to Martin’s persistence. Martin is “elated” with FEMA’s ruling.

Before Dredging Can Begin…

Removal of this debris is pending:

Project identification in the Federal/State grant portal
Preparation of construction documents
Identification of disposal site(s)
Selection of the method of dredging
Cost estimates and construction bidding.

The City will finalize the timeline as it develops the documents above.

How Various Dredging Projects Add Up

FEMA’s initial Emergency West Fork dredging contract in 2018 resulted in the removal of 1,849,000 cubic yards of sand/sediment between US59 and the Mouth Bar. Subsequently, FEMA authorized removal of an additional 500,000 cubic yards near the Mouth Bar itself. That brought the total up to 2,349,000 cubic yards.

Subsequently, Martin, Senator Brandon Creighton and Representative Dan Huberty gained support from Governor Greg Abbott to provide a $50 Million grant for additional debris removal. Approximately $7 Million went to dredging the mouth bar land mass, a project which is still underway.

Huberty’s amendment to Senate Bill (SB) 500 set aside another $30 Million for Harris County for dredging at the confluence of the San Jacinto River and Lake Houston. The City is currently a sub-recipient of approximately $10 Million of those funds. Dredging will continue until the City exhausts the funds. According to Martin, the money should cover approximately 242,000 more cubic yards.

Then the FEMA money for the additional million cubic yards will kick in.

Said State Representative Dan Huberty, “After two years of showing FEMA the data, I am thrilled that we are allowed to continue this project due to the hard work of Mayor Pro Tem Martin and Mayor Turner. The funds we secured from the State during the last budget cycle to continue where FEMA left off are nearly depleted. This new funding source will let us complete this necessary and critical project. It is great news for our community. It also recognizes how important the Lake Houston Watershed is to our region.”

Other Lake Houston Dredging Projects

Approximately $10 Million of local funds are earmarked for the dredging activity within Lake Houston south of FM 1960. The City plans to coordinate with Harris County Flood Control District to utilize a portion of the $10 Million to remove the mouth bar obstruction at Roger’s Gully.

However, it won’t happen anytime soon. Based on the bond priorities pushed through Harris County by Precinct One Commissioner Rodney Ellis, County funds will not be available until July 2021 at the earliest. And maybe not until March 2022.

Credits

Mayor Pro Tem Martin, Congressman Dan Crenshaw, State Representative Dan Huberty, State Senator Brandon Creighton, Texas Division Emergency Management Chief Nim Kidd, Mayor Sylvester Turner, and Chief Recovery Officer Stephen Costello have all worked together to make these projects happen.

*Another view of the slowly disappearing San Jacinto West Fork mouth bar.*

Posted by Bob Rehak on 8/21/2020

1088 Days after Hurricane Harvey

Tropical Depression 14 Headed into Gulf

*Tropical-storm-force winds could arrive at the Texas Coast by Monday night.* *Source: NHC*

Tropical depression #14 has formed in the northwestern Caribbean Sea and is turning northwest into the Gulf of Mexico. NHC predicts the storm will move into the south-central Gulf of Mexico as a tropical storm on Sunday.

The National Hurricane Center predicts arrival time of tropical storm force winds along the Texas Coast on Monday evening.

Threat to the NW Gulf Early- to Mid- Next Week.

Persons along the TX coast should closely monitor the progress of this system. Review hurricane plans and be prepared to enact those plans this weekend.
Jeff Lindner, Harris County Meteorologist

Visible satellite images indicate that a tropical depression has formed over the NW Caribbean Sea. Satellite images also show the gradual formation of curved banding. The depression is moving toward the west/WNW.

Track

West to WNW motion should continue for the next 24-36 hours bringing the system toward the Yucatan. Forecasters predict that over the weekend, the system will turn toward the NW and move into the south-central Gulf of Mexico. Forecast models are starting to come into better agreement with a continued track toward the TX coast as high pressure builds westward from the SW Atlantic.

*As of 8/20/2020, NOAA shows the cone of uncertainty pointing straight toward the upper Texas Coast.*

Intensity

Conditions favor additional intensification over the western Caribbean Sea for the next 24-36 hours. Overall, conditions over the Gulf of Mexico will be increasing favorable for development of a tropical system, says Jeff Lindner, Harris County meteorologist.

Second Storm Brewing; Wet Week Likely

A rare double whammy is possible for the Gulf Coast early next week. Forecasters at the NHC predict that Tropical Depression 13, now in the western Atlantic, will strengthen into a tropical storm tonight and into a hurricane by Monday morning. However, at this time (Thursday noon),forecasters are not predicting the storm’s track or intensity beyond Monday night.

*A second tropical system, TD13, could make next week very wet and windy all along the Gulf Coast.*

*TD13 will likely arrive in Florida and the eastern Gulf around the same time* *as TD14 arrives at the Texas coast.*

A high degree of uncertainty remains regarding the track of TD14 because of potential interactions with land. However, here is what forecasters predict as of Thursday morning.

Bookmark the National Hurricane Center home page for updates every few hours.

Preparedness

Now is a good time to start thinking about preparedness. Houston Methodist Hospital published an article last week about “How to Prepare for a Hurricane During COVID-19.”

It offers important advice for those who may be forced to shelter with friends and family and well as those who need to go to a public disaster shelter.

“While it may be nerve-wracking to go to a public shelter during a pandemic, know that your immediate safety during a hurricane takes priority over everything else,” says Methodist.

“Shelters will be modified to separate families as much as is feasible and hold fewer people, whether that be by walls separating rooms or by simply designating larger spaces that allow for greater distance between families,” said Lina Hildago, Harris County Judge, in an interview with Space City Weather. “We’re ready to institute temperature checks and have PPE (personal protective equipment) on hand for folks who need it. We’re also working with our first-responder community, making sure they not only have enough PPE on hand for any response, but that they are also trained on how to use it.”

Methodist advises that if you experience COVID-19 symptoms, you can speak to a Virtual Urgent Care provider 24/7. The provider will help you determine if testing is needed and advise you on where you should go.

Posted by Bob Rehak on 8/20/2020

1087 Days after Hurricane Harvey

Two More Websites That Help You Understand Drainage and Flood Risk

Today, readers sent me links to two more websites that help you understand drainage and flood risk. The first by Texas Parks & Wildlife is called the Texas Watershed Viewer. The second is a FEMA site that estimates base flood elevations based on USGS data.

FEMA defines base flood elevation as “The elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year.” In other words, it’s how deep the water would be in a 100-year flood at any given spot.

Let’s take a look at each.

Texas Watershed Viewer

The Texas Watershed Viewer lets users identify local watersheds, sub-watersheds, river basins, and river sub-basins throughout the State of Texas.

To find your watershed and river basin, simply type your address into the search bar and press enter. The map will zoom into the address. From here, click anywhere on the map and the name of the sub watershed will appear. If you click the next arrow on the feature label, the name of the watershed will appear. If you click the next arrow again, the name of the river sub basin will appear followed by the larger river basin.

*Clicking on Caney Creek showed the extent of the watershed. Clicking on the arrow within the green bar at the top of the info box changes the outline to match the river sub-basin or basin.*

This lets you quickly visualize the extent of a watershed so you can see where water is coming from and going to.

After you click on map to see the feature’s name, you can view the geographic extent of the sub watershed, watershed, river sub basin, and river basin, by clicking the minus sign on the top left corner to zoom out from the address level to the boundaries of the other features. The boundaries of these features will be light blue.

Other Texas Watershed Viewer tools

Zoom: You can zoom in on your neighborhood or zoom out to the entire state of Texas.

Layers: adds the layers window in the top right corner. You can turn the layers on and off by click on the check box.

Basemap gallery: lets you change the basemap of the viewer. The topographic map, for instance, is a useful layer because river, lakes, and streams are labeled.

Measure: lets you measure the distance from your home to a water feature.

Share: lets you show your friends what you see on social media.

Print: lets you print out a copy for your records.

Uses

This site helps viewers understand where water comes from and how it converges. As land is cleared and leveled, it also helps you understand where streams used to flow. (Note: This feature only works until background maps are updated, however.)

One reader used this feature to show how a developer had filled in natural drainage on the developer’s property and blocked off drainage from the reader’s subdivision. With three potential tropical systems moving in our direction at this moment, that information could be very useful if his home floods and he needs to call a lawyer.

Using the topographic base layer, you can also predict where and how runoff will flow during a flood. Many homes near the East Fork flooded during Imelda when Caney Creek captured the Triple PG mine and started flowing south through an area where several other creeks converge. Homeowners report being flooded from overland flow before the creek rose. The topographic feature shows the path that the water likely took.

Those who have a passion for understanding the physical world around them could spend days exploring this website.

FEMA Estimated Base Flood Elevation Viewer

*Where Caney Creek, Peach Creek and the San Jacinto East Fork all come together in FEMA’s Base Flood Elevation Viewer.*

*Legend shows estimated water depths in image above.*

Like most flood maps of this sort, you can turn layers on and off and change base maps.

For instance, by clicking buttons, you can have it show the estimated flood extent and depths for a 1%-chance flood and a .02%-chance flood. You can also view stream center lines, cross sections, and view detailed information on flood insurance rate maps.

You can even activate a split screen mode and compare different features side by side, i.e., ten and hundred year flood extents.

The point of this whole site is to understand not just the extent of floods, but their DEPTH as well.

Uses

FEMA says information from this site helps:

Inform personal risk decisions related to the purchase of flood insurance and coverage levels.
Inform local and individual building and construction approaches.
Prepare local risk assessments, Hazard Mitigation Plans, Land Use Plans, etc.
Prepare information for Letter of Map Amendment (LOMA) submittals.

Helpful Where Flood Maps Not Yet Available

The BLE (Base Level Engineering) Data in this website provides flood hazard information where flood insurance rate maps may not yet be available. We saw this, for instance, in Woodridge Village (north of Elm Grove) where flood maps stopped at the Harris/Montgomery county line. LJA Engineering claimed there were no floodplain issues on the Montgomery County side of the line. In fact, most of the Woodridge Village was in a flood plain as you can clearly see below; it just had not been mapped yet.

*From FEMA’s Estimated Base Flood Elevation Viewer.* *Light purple represents 1% flood zone. Dark purple represents .2% flood zone.*

Compare that to FEMA’s Flood Hazard Layer Viewer below and you will immediately see the difference.

*FEMA’s National Flood Hazard Layer Viewer shows danger stopping abruptly at the county line.*

FEMA’s estimated base-flood elevation viewer helps reputable land developers identify flood risk, expected flood elevation, and estimated flood depth where Base Level Engineering has been prepared (i.e., as in the Lake Houston Area).

Reportedly, the information in this tool is not yet Atlas-14 compliant. But it’s still better than nothing.

“Buyer Aware”

The more tools you have to evaluate the purchase of insurance and property, the safer you will be.

No one tool can do everything. But together, the can make you “buyer aware.”

Posted by Bob Rehak on 8/20/2020

1087 Days since Hurricane Harvey and 335 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.

Approximately 1,700 Plaintiffs in Three Lawsuits Against Sand Mines Now Joined in Multi-District Litigation

Three lawsuits representing a total of approximately 1700 plaintiffs against more than 50 San-Jacinto-River-Basin sand mines have been joined in Multi-District Litigation (MDL). The lawsuits each arose out of flooding during Hurricane Harvey. Particulars of each suit vary slightly, but they all have common elements.

Basis for Lawsuits

At a high level, plaintiffs allege that the sand mines failed to take steps that reduced discharge of sediment, silt and sand. Floodwaters then carried sediment from the mines downstream, they say, where it clogged the river, backed water up, and contributed to flooding of plaintiffs’ homes and businesses.

*Sand mines inundated in the floodway of the west fork of the San Jacinto during Hurricane Harvey in 2017*

The three lawsuits include:

Plaintiffs allege negligence, gross negligence, negligence per se and nuisance. They seek exemplary damages.

First Suit Filed in 2018; Two More Intervene in 2020

Spurlock and Webster filed the Ellisor Lawsuit in 2018. The Potts Firm, and Arnold and Itkin intervened in the Ellisor suit in August of 2019 just before the statute of limitations ran out, but due to some procedural rulings later re-filed separate suits in February of this year.

The Ellisor suit had been in the works for 18 months when the Del Pino and Nelson cases were filed. In law, “intervening” means obtaining the court’s permission to enter into a lawsuit which has already started between other parties and to file a complaint stating the basis for a claim in the existing lawsuit.

However, the other suits had some plaintiffs from jurisdictions other than Harris County. So instead of just consolidating the lawsuits, defendants filed a motion with the Texas Supreme Court requesting multi-district litigation. Defendants and plaintiffs also wrestled over procedural issues such as jurisdiction, venue, dismissal, the judge, and more.

Supreme Court Mandates Multi-District Litigation

As usually happens with multiple suits in different counties, the Supreme Court ordered one judge to oversee all of the cases to ensure rulings were consistent. A “stay order” put everything on hold for months. Webster and Spurlock have not been able to move their case forward until these other issues were worked out.

The Texas Supreme Court appointed former Judge Sylvia Matthews to hear pretrial motions on all the cases.

Judge Matthews has reportedly ordered a status conference with all parties after Labor Day to discuss outstanding issues. If and when the cases go to trial, they go back to the original trial court.

“Now that the stay has been lifted, we’re hoping that we’ll be able to start moving forward with discovery,” said Kim Spurlock, one of the lawyers in the Ellisor case.

New Case Number

The three cases in the Multi-District Litigation have been consolidated under a new Master File for those seeking information about them in the future.

See: Harvey Sand Litigation, Harris County 281st District Court, MDL 19-0500, Cause No. 2020-48333.

Posted by Bob Rehak on 8/17/2020

1084 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

TCEQ Commissioners Vote to Start Rule-Making Process for Sand Mining Best Practices in San Jacinto Watershed

On August 12, Texas Commission on Environmental Quality (TCEQ) Commissioners voted unanimously to initiate a rule-making process that would establish best management practices for commercial sand mining in the San Jacinto River watershed.

Meer feet separate the Hanson Aggregate mine from the San Jacinto West Fork. The integrity of dikes and setbacks from the river have become a major point of contention between the public and miners since Harvey. *Photo taken late June.*

Joint TACA/Lake Houston Area Request

In June, 2020, both TACA and the Lake Houston Area Grassroots Flood Prevention Initiative presented petitions to have the TCEQ establish best practices. Though the two sides have not agreed on important provisions, such as setbacks from the river and reclamation, the start of the process is a positive step.

Seven Minutes of Deliberation

You can watch the discussion among the commissioners on YouTube. Items 29 and 30 on the agenda (the two petitions) start at approximately 17 minutes into the meeting. Discussion lasts about 7 minutes.

After the commission secretary announced the agenda items, Mr. Josh Leftwich of TACA spoke on behalf of the measure. Mr. Leftwich took over as president and CEO of TACA on June 15, from David Perkins. (Mr. Perkins joined Lehigh Hanson, an aggregate company, as the Vice President of Government Affairs.)

No one for the Lake Houston Area spoke on behalf of the proposal.

Rebecca Vialva, executive director of the TCEQ Water Quality Division explained that both sides of this debate submitted separate but similar petitions in June. They requested the agency to establish a rule making process with stakeholder involvement to ensure adequate environmental protection. Ms. Vialva explained that her Water Quality Division supported that.

Vic McWherter, from the Commission’s Office of Public Interest Counsel, also supported the idea.

No one asked questions.

Rule-Making Process Not Same as Adopting Specific Rules

Before taking a vote, Jon Niermann, Chairman of the Commission, explained that initiating a rule-making process was not the same as adopting specific rules. It does not commit to any specific rules or outcomes. It simply starts a public dialog.

All three commissioners, Jon Niermann, Emily Lindley, and Bobby Janecka, voted to start the process.

Model for Rest of State?

Both Mr. Janecka and Mr. Niermann expressed wishes that Best Management Practices for the San Jacinto Watershed could become a model for the rest of the state.

Lake Houston Leaders Urge Public to Engage

Dave Feille and Bill McCabe, leaders of the Lake Houston Area Grass Roots Flood Prevention Initiative, sent out an email this morning. In it, they called the TCEQ decision “a major step forward.” However, they were quick to add, “Not surprisingly, the Petitions differed in some key areas and these will be addressed and consolidated in the rule-making stage of the process.”

“We would encourage all stakeholders to become involved in the rule-making process by following the progress of our Petition at: https://www.tceq.texas.gov/rules/participate.html,” said Feille and McCabe.

Efforts to establish best practices for sand mining died in committee in the state legislature last year. Let’s hope this has a better outcome.

Posted by Bob Rehak on 8/16/2020

1083 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.

Lake Conroe Association Complains to TCEQ about Seasonal Lake Lowering

In June, the Lake Conroe Association (LCA) filed a 102-page complaint to the Texas Commission on Environmental Quality (TCEQ) through Austin attorneys about the San Jacinto River Authority’s (SJRA) policy of seasonally lowering Lake Conroe. The SJRA’s purpose for the lowering: to lower flood risk for downstream residents.

To download the complete complaint by Birch, Becker & Moorman LLP, click here. Warning: 20-meg file size.

Complaint Based on Three Arguments

The attorneys make three arguments.

State law prohibits the wasting of water.
The policy will not prevent downstream flooding.
Also, the policy threatens the area’s water supply.

“In summary,” says the complaint, “SJRA and Houston are only authorized to divert or release and use water from Lake Conroe for municipal, industrial, mining, and agricultural purposes. Any other use of surface water from Lake Conroe is not authorized by the Amended Certificate, and thus, is a violation of the Amended Certificate and state law.”

The complaint fails to mention flood control in that last list (prominently mentioned in the SJRA’s enabling legislation). To follow the LCA’s arguments to their logical extreme, SJRA would not have been allowed to release water during Harvey. Every home on Lake Conroe would have flooded.

TCEQ Response to Complaints

On July 2 9 , the TCEQ replied to the complaint. Toby Baker, TCEQ’s Executive Director, says that:

“TCEQ does not have jurisdiction over future water supply strategies or State and Regional Water Planning.”
“Both SJRA and the City have adopted Water Conservation Plans that comply with TCEQ’s Chapter 288 rules.”
“Therefore, these diversions, which are in compliance with the terms of the Certificate and the Conservation Plan, are not a waste of water under the law.”
The City and SJRA are within their rights.

LCA Lodges Supplemental Complaint

Just the day before, on July 28, 2020, the same law firm filed a 4-page supplemental complaint to halt the fall lowering. The second complaint and the TCEQ’s response to the first complaint may have crossed in the mail.

The law firm acknowledged in its supplemental complaint that the lowering would only amount to 2.75 inches. However, the firm also claimed the water would be needed in a drought. Then it showed a Texas Water Development Board Drought Map as evidence. But map showed that no drought near the San Jacinto watershed.

TCEQ Finds City and SJRA in Compliance

Mr. Baker of the TCEQ replied to the supplemental complaint on August 6. He concluded, “After review, the TCEQ determined that the San Jacinto River Authority and the City of Houston are in compliance with the terms and conditions of Certificate of Adjudication 10-4963.”

In the End, Mother Nature, Not SJRA, Lowers Lake This Year

After all of that, evaporation alone took Lake Conroe down to the SJRA’s seasonal lowering target of 200 feet. It took Mother Nature an extra week to get there, but…

SJRA RELEASED NO WATER from Lake Conroe to achieve its August target level.

SJRA still has not released any water since the early spring.

*Lake Conroe dashboard as of 4pm Saturday, August 15, 2020. Source: SJRA.net.*

LCA Pleads for More Money to Keep Fighting

Now the Lake Conroe Association is pleading with residents for donations to replenish its war chest. It will be interesting to see what they plan next.

Posted by Bob Rehak on August 15, 2020

1082 Days since Hurricane Harvey

Developer Seeks City Approval to Expand Commons of Lake Houston into Floodplain – Without Detention Ponds

Clarification: General plans, as described below, are primarily about street layouts. However, many people have been trying to raise awareness at the Planning Commission that street patterns are affected to a significant degree by the volume and and layout of drainage and detention features. And, of course with Atlas 14 that is more true than ever. Danny Signorelli, CEO of the Signorelli Companies, took issue with this post. I offered him an opportunity to print a rebuttal verbatim. He refused the offer.

Signorelli Companies have filed a general plan with City of Houston Planning Commission for a new development on the San Jacinto East Fork. It’s called “Crossing at the Commons of Lake Houston.”

Second Time Around for Developer

According to residents in other parts of the Commons, Signorelli tried to develop this property before and reportedly wanted to add 4-6 feet of fill to the floodplain. It’s not yet clear what they have in mind for this iteration of the project. However, comparing the general plan to FEMA’s National Flood Hazard Layer Viewer shows that parts of the development are still in the flood plain. (See below.)

No Detention Ponds Shown on Plans

The general plan filed with the planning commission also shows that the developer shows no plans for detention ponds on the property. A best practice to reduce flooding is to “retain your rain.”

*General plan filed with the City of Houston Planning Commission shows no detention ponds. For a large, high res PDF, click here.*

Location

Here are satellite and close-up views of where the new subdivision would be relative to the the surrounding area and existing parts of the development.

*Crossing At the Commons of Lake Houston is in the Huffman area opposite Lake Houston Park and East End Park on the west side of the East Fork.*

*Crossing at the Commons of Lake Houston* *relative to existing streets in the Commons. From General Plan inset.*

Floodplain Issues

Parts of the proposed development will be in the floodplain. And those floodplains will soon expand to include even more homes. See the two dotted lines below.

*Close up of PDF above shows how 100-year floodplain (dotted line on left) and 500-year (dotted line on right) would impact proposed homesites.* *Note the drainage easement in the lower left.*

*FEMA’s National Flood Hazard Layer Viewer shows parts of the proposed new 75.3-acre subdivision would be in the 100- and 500-year floodplain.*

Ironically, just last night, the City of Houston and its partners (Harris County Flood Control, Montgomery County and the SJRA) presented a draft of the findings of the San Jacinto River Master Drainage Plan. In it, they recommended avoiding flood plain development to keep people out of harm’s way. See slide below from their presentation.

*Slide from San Jacinto River Master Drainage Plan Draft Report shows how adding fill to flood plains can affect other homes in area.*

The presenter also discussed how the floodplains were expanding due to revisions of flood maps based on new hydraulic and hydrologic modeling not yet been shared with FEMA.

The 100-year floodplain in many areas will likely expand well into the 500. And the 500-year flood plain will likely expand into areas previously not shown in ANY floodplain.
San Jacinto River Master Drainage Plan Draft Report 8/13/2020

Thus, the number of homes affected by floods could greatly expand beyond the number shown above.

Drainage in Commons Already a Problem

Plans also show that homes will be built very close to a drainage easement. Yet existing ditches in the Commons are eroding badly due to lack of maintenance. Below is a picture of one taken in January last year. Residents say the trees are still there and the erosion became much worse during floods in May and Imelda.

*Commons drainage ditch* *photographed last year.*

Less Than One Fourth of Property Now Under Consideration

The tract is 332 acres, but only 75.3 is proposed for development at this time. It is entirely located within the incorporated limits of the City of Houston. The entire tract is adjacent to COH flooding easements for Lake Houston.

How to Voice Concerns, If You Have Them

Here’s how you can voice concerns, if you have them. The City Planning Commission will hold virtual meetings until further notice. So it’s very easy to make public comments. You can sign up to speak by going to the Planning Commission Home Page.

The next Planning Commission meeting is Thursday, August 20, 2020. If you’d like to speak, you must sign up at least 24 hours before the meeting.

Use the online speaker form at https://www.tfaforms.com/4816241 or submit comments on an item via email to speakercomments.pc@houstontx.gov.

Speakers have only TWO MINUTES. Key points to consider:

Floodplain will officially be expanding soon.
Some of these homes are already in it.
Many more soon will be.
That could require fill.
And fill will make flooding worse for other homes near the river on both sides.
No detention ponds or drainage plans are shown.
The Planning Commission should consider these things.

Posted by Bob Rehak on 8/14/2020

1081 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.

San Jacinto River Watershed Virtual Meeting Tonight Will Unveil Specific Recommendations to Reduce Flooding

I can’t urge you enough to watch the San Jacinto Watershed Master Drainage Plan Meeting tonight at 6:30.

Flooded Street by Julie Yandell. During Harvey. — *Flooded Street during Harvey. Photo by Julie Yandell.*

Updating of River Models Leads to New Insights

I previewed the presentation this morning and was extremely impressed. The study partners have updated or created hydraulic and hydrologic models for 535 miles of major streams in the river basin. They’ve also integrated the models and accounted for new developments across 3000 square miles in seven counties.

As a result, we now have a much better understanding of:

Where water comes from
Which areas have the highest potential for flooding
Where large regional detention basins can be placed to reduce flooding.
Other strategies to reduce flooding.

New Flood Maps, Sedimentation, Better Warning Systems

You don’t want to hear about this stuff second hand. The presentation also includes discussions of:

How much flood plains have really expanded compared to current FEMA maps.
Sedimentation and strategies to reduce it
Improving flood warning systems

If you’re flooded, or are concerned that you might, don’t miss this. This study will be the cornerstone of grants applications to mitigate flooding in the region.

Cornerstone of Lake Houston Area Mitigation Efforts

Two years ago, before the flood bond vote, community opinion coalesced around a three-part solution to flooding in the Lake Houston Area.

Reduce/delay the input by increasing upstream detention
Increase the throughput by dredging blockages
Speed up the output with additional gates on the Lake Houston Dam.

Tonight, you will get a chance ask questions of the people who have been studying those options and others for 18 months. Here’s how to log in:

Thursday, August 13, 2020

6:30 p.m. to 7:30 p.m.

Join online at PublicInput.com/SanJacMasterPlan

Or by phone at 855-925-2801 with Meeting Code: 9742

Order the pizza now.

This study is a cooperative venture of FEMA, Harris County Flood Control, SJRA, City of Houston and Montgomery County.

Posted by Bob Rehak on August 13, 2020

1080 Days after Hurricane Harvey