Houston Planning Commission defers approval of “Orchard Seeded Ranches”

In a meeting today, the Houston Planning Commission deferred automatic approval of the general plan for Orchard Seeded Ranches by taking the item off the consent agenda. The Commission then asked the developer to consult with the City Engineer; the Planning and Development Department; and Harris County Flood Control before bringing further requests back to the Commission.

Taking the item off today’s consent agenda should send a strong signal to the developer that rough waters lie ahead. Any proposal will likely be debated publicly when/if the developer returns.

History of Project

Last year, Romerica filed a permit application to build 5,000 condos and several high-rises up to 50 stories tall on 331 acres near the floodway of the San Jacinto West Fork. After a record number of people and groups filed protests with the Army Corps of Engineers, the Corps withdrew the application. But now the developer is back – with a different name – Orchard Seeded Ranches. However, Harris County Appraisal District indicates that the same people still own the land.

Location of Property

The property is identical to the property Romerica tried to develop as The Herons of Kingwood last year. The General Plan below was downloaded from the City of Houston’s PlatTracker website.

plat of orchard seeded ranches
General Plan of Orchard Seeded Ranches in Kingwood filed on 4/20/2020. For high-resolution, printable PDF, click here.

For orientation, the developed area in the middle is the Barrington. The line down the west side is Woodland Hills Drive. And the river at the bottom is the West Fork.

Filing a “general plan” like this is the first step in developing property. The developer has not yet submitted detailed plats showing construction details.

Virtually Entire Development in Floodway or Floodplain

About half of the Orchard Seeded Ranches lies in the floodway of the San Jacinto West Fork. FEMA defines floodways as the main current of a river during a flood. In the map below, that includes everything beneath the red line.

Purple area = Orchard Seeded Ranches. Red line = extent of floodway north of San Jacinto West Fork. Virtually half of subdivision would be in floodway.

Virtually all of the purple area above the red line lies in the floodplain. FEMA defines a floodplain as “storage” for water during a flood. That means water covers the land without moving rapidly.

I created the map above by combining the area to be developed with the FEMA flood map below.

From FEMA National Flood Hazard Layer Viewer. Orchard Seeded Ranches is in middle. Virtually the entire project lies in floodway (crosshatched) or 100-year floodplain (aqua).

Wetlands Issues Also Abound

Every part of the proposed development contains wetlands to some extent.

Note how the areas around the Barrington and River Grove Park are filled with wetlands (green areas). From US Fish and Wildlife Service National Wetlands Mapper.
Active bald eagle nest on Kingwood Country Club Property adjacent to Romerica's planned high rise marina.
Active bald eagle nest adjacent to development. Photo courtesy of Emily Murphy.

US Fish and Wildlife documented another eagle’s nest on the developer’s property. And the Balcom family, which lives near the western edge of the developer’s property, regularly photographs eagles from their balcony.

What’s in a Name

The name sounds as if the development would be lower density than the 50-story high-rises previously planned. But you never know. In the development business, names often have more evocative than literal significance. Look at the Houston Heights. Bridgeland (on the prairie). Mount Houston. You get the idea.

Community Considerations

Whatever the development is, when and if the developer returns to the Planning Commission, we should not forget that:

High water during Harvey at Balcom house on River Bend reached the second story.

A Less Risky, Less Costly Alternative

All of these factors will increase the risk and cost of any development.

Light pole near River Bend in North Shore as Harvey receded. Note the "wet marks" several feet up on pole. Photo by Jim Balcom.
Light pole near River Bend in North Shore as Harvey receded. Note the “wet marks” several feet up on pole. Photo by Jim Balcom.

The safest, sanest course for the developer – before putting more money at risk –would be to meet with community representatives about:

  • Purchasing this land
  • Putting a conservation easement on it
  • Letting it revert to nature and turning it into park land

Harris County Flood Control District has $175 million allocated in the flood bond for partnership projects with “Municipalities, Authorities, and Other Districts in Harris County.” See item Z100-00-00-MUNI.

That money could help purchase such property and turn it into green space forever. KSA, the Lake Houston Chamber, civic leaders and residents should get behind that idea. Judging by the response to Romerica’s last offering, it’s clear that residents would much rather see this area turned into parks than see the San Jacinto turn it into blight.

Posted by Bob Rehak on 4/30/2020

975 Days after Hurricane Harvey

County Approves Elm Grove Deal with Two Conditions

Harris County Judge Lina Hidalgo conducting virtual discussion of the purchase of Woodridge Village Property.

In another marathon session that lasted more than 12 hours Tuesday, Harris County Commissioners finally approved a deal to purchase Perry Homes/Figure Four Partners’ Woodridge Village Property for $14 million. Woodridge contributed to flooding Elm Grove Village twice last year.

Two Conditions Still on Deal

The offer will be made to Perry Homes immediately. However, it will be with the understanding that the City of Houston must:

  1. Adopt Atlas 14 rainfall standards, including within its extra territorial jurisdiction.
  2. Deed $7 million worth of other land (unrelated to this deal) to the Harris County Flood Control District to help complete other flood mitigation projects.

If the City fulfills the conditions, the Perry land would be used to create regional flood-control detention.

Commissioner Cagle Optimistic

Immediately after the meeting, Commissioner Jack Cagle spoke with City of Houston Mayor Pro Tem Dave Martin who also serves as City Council Member for Elm Grove/Kingwood. According to aids, Cagle was optimistic that the City could meet the conditions.

The County treasurer doesn’t yet have permission to write a check, but this is progress.

Commissioner Cagle made the motion. Commissioner Garcia seconded. The motion carried unanimously.

Money for the purchase would come out of Flood Control District bond funds allocated for drainage improvements in the San Jacinto watershed.

Listen to the Commissioners Here

For a complete recording of the discussion and vote, click here. The “Russ” referred to in the audio is Russ Poppe, executive director of Harris County Flood Control District.

Posted by Bob Rehak on 4/29/2020

974 Days after Hurricane Harvey

Abandoned Texas Concrete Mine in Plum Grove Still Hasn’t Stabilized Soil or Removed Equipment

Portion of Texas Concrete Mine in Plum Grove on 4/21/2020.

Last September 24, less than a week after Imelda, the TCEQ issued a notice of enforcement to the Texas Concrete Sand Mine in Plum Grove on the East Fork of the San Jacinto. The report noted that the mine was abandoned; no activity had been observed there in the two months before Imelda. And no personnel were onsite when investigators visited the operation.

Imelda dumped 30.4 inches of rain on this exact location on 9/17/2019 and days later, investigators found four breaches leaking pit water into the East Fork.

Purpose of Soil Stabilization

Sediment and other pollution can escape through breaches in the mine’s dikes and affect water quality all the way down to Lake Houston. Stabilizing soil helps prevent erosion and water pollution, and thus reduces sediment buildups that can contribute to flooding. I discuss TCEQ standards for final soil stabilization in this post. As you can see in the photo above, this site does not have “perennial vegetative cover with a density of 70 percent (%) of the native background vegetative cover … on all unpaved areas and areas not covered by permanent structures.”

Thus it represents a high risk of pollution.

No Activity Observed for Months, Signs Removed

Josh Alberson, a Kingwood resident, traced excessive turbidity in the East Fork to the mine during the same period and visited it on several occasions. He also observed no activity then or today. Alberson took the three photos below this evening.

This post used to hold the operation’s identifying sign, according to Alberson.
These posts used to hold the safety sign for Texas Concrete. It certainly appears as though someone no longer wants to be identified with the problems remaining on this site.
Past the gate, nothing remained but broken pipe and equipment left to rust. Alberson could see no recent tire tracks in or out. The unguarded, barely fenced operation likely represents a safety hazard to area kids.

Aerial photos taken last week showed no activity at the plant and no processing equipment. However, several dump trucks, a bulldozer and a dredge remained on the property.

Comparing the images below with the Landsat photo in Google Earth dated 12/1/2019 shows that none of the equipment has moved for at least five months and most likely longer.

Pipes, an excavator and fallen light pole have blocked the entry to the plant since 12/1/2019. None of the other equipment has moved since then either.
Mine’s dredge is on dry ground and no longer operational. Comparison with 12/1/2019 Google Earth image shows that the dredge has not moved since then.

Alberson also says that the breaches he reported to the TCEQ last year still remain.

Texas Concrete Says “No Mine in Plum Grove”

The phone number for the plant’s manager (listed in the TCEQ report) has been disconnected and is no longer in service. A receptionist at Texas Concrete’s headquarters was unaware of the man listed as president of the mine in the TCEQ report. She also said “we have no mine in Plum Grove.”

TCEQ Says No Active Permits For Mine

Christian Eubanks, an investigator for the TCEQ says the plant has no active permits. He investigated the plant last year and has opened a new investigation.

Texas Concrete is a member of TACA (Texas Aggregate and Concrete Association) and lists highway materials as a major line of business. (I’ll come back to that later.)

Public Policy Implications

Google Earth shows the mine covers approximately 147 acres and borders the East Fork for more than a mile. In its current state, even more breaches could open up in the next big storm and no one would be there to fix them.

This site represents a preventable disaster in the making. But what to do?

Former Texas Concrete Plant in Plum Grove as seen in Google Earth.

Currently, Texas regulations state that a mine needs a reclamation plan to get a permit. However, there are no regulations stating they must execute the plan before abandoning the property.

The time to think about a major expense, such as reclamation, is NOT what all the profit has left a mine. That, of course, should be done upfront – before mining starts and profits roll in. Duh!

Some states force mines to post performance bonds for reclamation before issuing the initial permit to construct a mine. That makes sense. Texas should adopt that policy. This case shows why.

The Eminent Domain Option

Texas should also exercise eminent domain when miners ignore their reclamation responsibilities. These abandoned pits can represent dangers to neighborhood kids.

Pits can have steep slopes and sharp drop offs. Some, reputedly are 90 feet deep. Roads around them collapse. The sides often cave in. They can even harbor dangerous bacteria.

With money from forfeited performance bonds (if miners fail in their reclamation responsibilities), Texas could turn abandoned mines into parks for people and wildlife to enjoy. And it wouldn’t be at taxpayer expense.

Walking away from reclamation responsibilities is just another way to externalize clean up costs that some mines reportedly build into their business plans.

It’s shameful. State Rep. Dan Huberty has campaigned for more than a decade for sensible sand mine legislation. He had this to say about the Texas Concrete case. “We are working with TCEQ and will be requiring the land owner to remediate.” He added, “We will also be drafting legislation to require bonds that ensure clean up after they are done mining and hold the owners liable for non-performance.” 

When aggregate companies have outstanding issues such as the Plum Grove mine, I personally would like to see their ability to do business with TxDoT suspended. That would get compliance quickly.

Posted by Bob Rehak on April 28, 2020 with thanks to Dan Huberty, Josh Alberson and the TCEQ

753 Days since Hurricane Harvey and 222 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.

Carriage Hills Sand Mine Still Has Equipment in West Fork Floodway

In March, Montgomery County Commissioners voted to sue a new sand mine operating near the Carriage Hills subdivision of Conroe. The county attorney sought to force the mine to remove unspecified materials from the West Fork floodway while they resolved permit issues. Since then, according to residents, the mine has voluntarily suspended operations.

Aerial Photos/Maps Show Mine in Floodway

However, a flyover on 4/21/2020 revealed that mining, processing, and transportation equipment remains in the floodway.

New mine in San Jacinto West Fork floodway near Carriage Hills (background on left) in Conroe.
Reverse angle. Floodway cuts between homes in foreground and mine in background. River concealed by trees in background. See FEMA flood map below.
Cross-hatched area = floodway. Aqua color represents 100-year floodplain. Brown = 500-year floodplain. Source: FEMA.

From 600 Truckloads a Day to Nothing

The once bustling operation with 600 trucks per day coming and going down Carriage Hills Boulevard now seems eerily quiet. It’s not clear whether the suspension of operations relates to the County lawsuit, COVID, a drop in demand due to the economic downturn, or all of the above.

Close up shot of operations.
Residents say that before suspension of operations, the mine was running up to 600 trucks per day up Carriage Hills Blvd. leading to top of photo.
A second, smaller part of the operation.
Another sand mining operation brackets the other side of Carriage Hills.

Residents Fear Resumption of Activity

While residents enjoy the quiet, they see it as temporary. They fear that once the COVID crisis passes and the mine resolves its permit issues, the round-the-clock truck traffic will quickly return.

Indeed, the Montgomery County Engineer’s Office, indicates that the owner of the new mine has re-applied for a permit. That permit is now under review.

Even if you see zoning as a communist conspiracy, as some in Montgomery County do, being surrounded by sand mines kind of makes you a believer in large-scale, master-planned communities.

So much for those idyllic little hideaways in the woods.

Posted by Bob Rehak on 4/27/2020

972 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.

West Fork Mouth Bar: Going, Going…

It’s not quite gone yet. But the West Fork Mouth Bar, which forms a dam behind the dam, is getting smaller every day. Every time I fly over it, I can see how mechanical dredging has shaved more off of it . Excavators take one row after another. At this point, it appears that about half of the above-water portion of the bar has been removed.

Mouth Bar Photos from Flyover on 4/21/2020

I took this series of photos taken on 4/21/2020.

Looking northwest, towards Foster’s Mill across the slowing diminishing West Fork Mouth Bar.
Excavators load up a waiting barge.
Looking west, upstream, you can see how the excavators remove one row of sand after another.
After excavators load up pontoons, tugs shuttle them upstream to Berry Madden’s property.
Once at Berry Madden’s property (opposite River Grove Park), more workers offload the sediment and carry it out of the floodway.

Goal of Project Still Not Made Public

When contractors remove the last of the island sticking up above water, it’s not clear what the plan will be for the rest of the sand bar below water. Like icebergs, that’s where most of the mass is.

Conveyance improved somewhat last year when the Corps removed 500,000 cubic yards of sediment from the broad area between the mouth bar and Atascocita Point. This project should improve conveyance even more.

But the Corps did not dredge a channel that connected the upstream portion of the West Fork with Lake Houston. And it appears that this effort will not re-establish a channel either.

The end result will be a plateau or mesa 3-5 feet below the surface. The channel immediately upstream where the Corps finished dredging is approximately 25 feet deep. That means water coming downstream in a flood will still hit a wall.

Top Geologist’s Perspective

Tim Garfield was the top geologist for one of the world’s largest oil companies. He lives behind the mouth bar and had this to say about it.

“Although it likely represents some progress, shaving off the subaerial (above water) portion of the mouth bar seems more cosmetic than useful for flood mitigation. The reason: the Corp’s dredging two years ago trenched a channel roughly 400-500’ wide and 20-25’ deep that extends downstream of West Lake Houston bridge. It ends a few hundred  yards upstream of the Mouth Bar. This greatly increases flow conveyance in the channel. But that ends abruptly at a sand pile where water depths are less than 5’ deep,” said Garfield.

“That’s a 15’ – 20’ high, underwater sediment dam during floods,” he continued. “That will result in a significant hydraulic backwater effect causing overbank flow and upstream flooding. These points are illustrated in diagram below.”

Top and side views of West Fork show how the current will still run into an underwater dam even if the part above water is removed. Graph by Tim Garfield and RD Kissling.

Conclusion: Hydraulic Model Needed

Garfield concluded, “We really need an extension of the Corps’ dredged channel profile through the 1960 bridge opening to where Lake Houston water depth equals the channel depth of 22’-25’.  That work requires an up to date bathymetric map of the area and a hydraulic model to confirm optimal channel configuration and location.”

“That plan should be made public so that we can verify that the vast sums of public funds being spent are effectively reducing the flood risk we are still exposed to,” said Garfield.

Posted by Bob Rehak on 4/27/2020 with thanks to Tim Garfield and RD Kissling

972 Days after Hurricane Harvey

Commissioners Will Vote Tuesday On Measure That Could Improve Drain/Ditch Maintenance

On Tuesday, Harris County Commissioners will vote on an asset-swap proposal that could improve drain and ditch maintenance county wide. It’s item 2A1 on the Commissioners Court Agenda. But it may take a while to implement. Here’s the background.

Untangling Overlapping Responsibilities

During recent storms, many blamed local flooding on lack of drain and ditch maintenance. The 80,000 cubic yards of silt clogging the lower portion of Ben’s Branch is just one example. Hundreds of others exist throughout the City of Houston and Harris County.

As the City and County Flood Control District tried to determine who was responsible for what, they became mired in legal tangles. Often, they discovered, both entities had responsibility for different portions of the same ditch.

But determining where one’s responsibilities stopped and the other’s started delayed mitigation and ran up legal fees. And even where responsibilities were clear cut, they wound up mobilizing two different crews, when one would have sufficed. This duplication of efforts ran up mitigation costs needlessly. It also often resulted in a patchwork quilt of repairs where one part of a ditch was maintained and another was not. And that reduced effectiveness.

Dividing Responsibilities by Core Competency

Luckily, common sense prevailed. The City and County reached an agreement in principle after Harvey to exchange responsibilities. Now each will focus on its core competency to maximize efficiency.

The goal: to get to a point where the City takes over responsibility for underground drainage and the County takes responsibility for above ground inside City limits.

One of the Flood Control District’s core competencies resides in ditch maintenance and improvements. Likewise, the City Public Works Department specializes in storm drains and sewers.

Any business school grad can tell you that companies maximize efficiency when focusing on their core competencies. The key: outsourcing parts of businesses where others offer greater efficiency.

Gradual Changeover In Series of Asset Swaps

However, the changeover won’t be like flipping a universal switch. It will happen gradually over several years with a series of asset swaps. Why? To ensure that neither side becomes saddled with deferred maintenance costs of the other.

Accordingly, each asset must be brought up to standards before swapping responsibilities.

See the explanation for Agenda Item 2A1 – The Houston City Council approved the interlocal agreement on February 27, 2020. Harris County Commissioners will vote on it on Tuesday, 4/28/2020.

Along with the agreement, the parties have identified the first batch of properties for exchange. However, they have not yet publicized those.

Only One Potential Problem

I only see one problem with this program. Some ditches that desperately need maintenance may not qualify for exchange before people flood.

Kings Forest, for example, has a ditch that parallels Valley Manor, west of Kingwood High School. Like Ben’s Branch, the City never maintained it. Now, water backs up dangerously close to homes on Kingsway Court and Twin Grove during heavy rains.

Rick Beaubien, a resident who lives near the ditch, took the pictures below.

Downed trees in ditch between Valley Manor and Twin Grove.
Clogged drain in same ditch.
North side of Kingwood Drive looking south. Trees and silt block channel and culverts. You can tell by the size of the trees that no one has maintained this ditch in a long time.
Same culverts, but in center of Kingwood Drive.
Exit of same culvert south of Kingwood Drive

Dustin Hodges, District E North Sector Manager for Mayor Pro Tem Dave Martin indicates that Public Works is working on a plan to maintain this and other ditches. However, he also admits that “Currently, there are no available funds to address this ditch and there is no timeline on when any funds would be available for this ditch.”

Theory Good, Time Will Tell

I wholeheartedly support the asset-exchange program outlined in agenda item 2A1. Voting against it will not immediately accelerate the maintenance of ditches such as the one above. However, in principle and in the long run, it should help if the City and County treat neighborhoods equitably and partisan politics don’t intervene.

Posted by Bob Rehak on 4/26/2020 with thanks to Rick Beaubien

971 Days since Hurricane Harvey

Weekly Watch List: Perry, Romerica, Holley, Ryko

Those concerned about flooding in the Lake Houston Area should keep four potential developments on their watch lists. Here’s a brief update on each.

Perry Homes Woodridge Village

It’s back on the Harris County Commissioner’s Court Agenda again this week. Commissioners will discuss possible purchase of the 268 acres for a regional flood detention facility during an executive (closed) session on Tuesday.

Construction activity Tuesday, April 21, 2020 at Perry Homes’ Woodridge Village north of Elm Grove Village.

At the last meeting, Commissioners deferred action while staff investigated: A) whether the City of Houston would donate land to the Harris County Flood Control District to help defray the cost of several flood mitigation projects, and B) whether Montgomery County would adopt Atlas-14 rainfall statistics and close a loophole in its drainage regulations that allowed developers to avoid building detention ponds. Commissioners also discussed harmonizing City of Houston and Harris County flood plain regulations.

Perry’s original deadline for a County purchase was April 1, 2020. The company subsequently extended the deadline to May 15 to give the County time to explore the requests. Meanwhile Perry resumed and accelerated construction activity on the site. I counted 32 pieces of earthmoving equipment on my April 21st flyover. Since then, spotters have reported the arrival of additional equipment.

Woodridge Village contributed to Elm Grove flooding twice last year. According to Perry, a regional flood detention facility would reduce flood risk for approximately 800 homes.

The offer to sell while construction activity accelerates has many observers scratching their heads.

Precinct Four Commissioner Jack Cagle says he is “cautiously optimistic” that the sale will go through.

Romerica is Baaaa-aaaack

Last year, after the Army Corps withdrew Romerica’s application to develop 5,000 condos and 50-story high-rises in the floodplain of the San Jacinto, the company swore it would retool its application. Shortly after that, they fell off the radar. Romerica took down its many websites and its spokespeople did not return phone calls, but the company never sold the land.

Looking northwest across Romerica land. River Grove soccer fields are in upper left and Barrington is in upper right. San Jacinto West Fork in foreground. Harvey deposited the sand in the foreground which killed many trees.

Now, under the cover of Corona Virus, “they’re baaaa-aaaack.” But with a different name. Instead of The Heron’s Kingwood, they now call the development Orchard Seeded Ranches. I was reviewing the City of Houston’s PlatTracker website and noticed this item pop up on 4/20/2020.

Orchard Seeded Ranches2020-067604/20/2020General plan A-ConsentHarrisCityE;H4336H25100077339Humble ISD   KINGWOOD AREA3WOODLAND HILLS; HAMBLEN; KINGWOODGeneral Plan361.679600410470000014,0410470000028,0410470000143,0410470000144,0410470000145,0410470000161,0410470004001,0410470004007,0410470004012,0410470004016,0410470004017,0451270000001,0451270000005,0451270000006,0451270000012,0451270000018,0451270000026,0451270000029,045EIC SurveyingE.I.C. Surveying CompanyEmil Haddad281-955-2772Orchard Seeded Ranches

The location, Council district, acreage, street intersections, and applicant name all fit the previous application. Instead of Gregory Haddad, however, this time, it’s Emil Haddad.

The development name is a bit odd. But then, development names rarely have anything to do with reality. Look at Houston’s Heights. And what, after all, did the Heron’s have to do with 50-story high rises?

“Orchard Seeded Ranches” is in the very preliminary phases. Until we see a plat and construction drawings, we can’t know exactly what they plan. It could be 1200-square-foot gerbil ranches. Or it could be Times Square in the Floodway again.

The company does not yet have a web site up. Nor has the Army Corps/Galveston issued a Public Notice associated with a permit application. Kingwood residents should follow this one closely.

Anyone civic-minded groups want to make them an offer on the land? It really should remain wetlands and be dedicated to park land or forest that protects Kingwood from future flooding.

Forest Cove Golf Course and Ron Holley

Earlier this month, Lake Houston Area developer Ron Holley appeared on KPRC to discuss the re-development of the Kingwood Cove Golf Course in Forest Cove. Holley was in the process of revising his engineering plans to address neighbors concerns about flooding when I interviewed him. A Freedom of Information Act request to the City of Houston revealed that he had not yet filed any plans for the subdivision. PlatTracker confirms that. Holley’s name does not appear anywhere in the current six pages of new developments at various stages.

Regardless, Holley has a formidable record as a developer. You may remember that he successfully challenged the City over building in the floodway of the West Fork, before he sold his land east of River Grove Park to Romerica.

Ryko Between Spring Creek and West Fork

One of the largest undeveloped tracts of land remaining in the Lake Houston area lies northwest of the confluence of Spring Creek and the West Fork near US59. Wetlands cover much of the area. But it’s in Montgomery County. And you know what that means. No detention ponds may be required.

Looking southeast across Ryko land toward the US59 Bridge in background (center).

Pacific Indio Properties, Inc., a sister company of Ryko Development, owns more than 7,400 acres in the triangle below. To put that in perspective, that’s exactly half the size of Kingwood.

National Wetlands Inventory shows the site to be pockmarked with wetlands.

A Community Impact article from 2016 (before Harvey) says Ryko planned to build 7,000 homes in this area. Community Impact said at the time that the project had no timeline. Things may have changed since then, especially after Hurricane Harvey inundated the area.

A drainage analysis, soil survey, and environmental study usually come before plan submittal. And the Montgomery County Engineers office says no plans, studies, or surveys have yet been submitted for the property, though one source in Montgomery County believes the developer has had preliminary discussions with the county.

FEMA’s Flood Hazard Layer Viewer shows that virtually all of the land is in floodway or floodplain.

Ryko property lies in the floodways of both the West Fork and Spring Creek. Cross-hatched equals floodway, Aqua = 100 year floodplain, and Brown = 500 year floodplain.

Note that the floodplain map above is pre-Harvey. New floodplain maps using Atlas-14 data are likely to show an even grimmer picture when they become available in a year or two.

If the developer puts high-density homes on this property with no detention, people downstream can break out their scuba gear. All the more reason for The City of Houston, Harris County and Montgomery County to synchronize their flood plain regs.

That’s the roundup for my first weekly watch list. I hope this becomes a regular weekly feature. More news to follow the commissioner’s court meeting on Tuesday.

Posted by Bob Rehak on 4/25/2020

970 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.

Ben’s Branch Update: Channel Wide Open, HCFCD Hydromulching Banks

Harris County Flood Control District’s (HCFCD) work on Ben’s Branch has been one of the bright spots in flood mitigation since Hurricane Harvey. The channel is now wide open, bulldozers are neatening up the banks, and crews are hydromulching this morning.

What Is Hydromulch?

Hydromulch (or hydraulic mulch seeding, hydro-mulching, hydraseeding) is a planting process that uses a slurry of seed, mulch, and fertilizer. It is often used as an erosion control technique on construction sites, as an alternative to dry seed. The “gel” accelerates the growth of grass by providing enough moisture and nutrients for the seeds to germinate even in dry weather.

Progress Photos

Paul Campbell of Towncenter Apartments caught this shot outside his apartment this morning.

Hydromulching the banks of Ben’s Branch on 4/25/2020. Photo courtesy of Paul Campbell.
Looking northwest over Ben’s Branch toward YMCA soccer fields (upper left). This and photos below taken 4/21/2020.
Looking west up Ben’s Branch toward Kingwood Greens and Kingwood Country Club Forest Course across West Lake Houston Parkway. YMCA soccer fields in upper left.
Reverse shot of the wide-open Ben’s Branch Channel looking east toward YMCA across West Lake Houston Parkway.

Hydromulching is usually the last step in channel repairs. Planting grass reduces erosion. Without it, rain would simply carry silt back into the channel.

Like New Again

Many thanks to the hard-working folks of the Harris County Flood Control district and their contractors.

In the last year, they have removed approximately 80,000 cubic yards of silt from the area between Kingwood Drive and the YMCA. Despite setbacks during Tropical Storm Imelda. Conveyance should now be restored to what it was in the mid-1990s.

Ben’s Branch hasn’t looked this good in decades. And residents will be much safer from flooding in future storms.

Posted by Bob Rehak on 4/25/2020 with thanks to Paul Campbell and HCFCD

970 Days After Hurricane Harvey

Video From Boat of 7.5-Acre Area in San Jacinto West Fork Mined for Sand

Yesterday, I posted pictures taken from a helicopter of a 7.5-acre sand bar in the San Jacinto West Fork that had been mined without a permit. Then last night, Josh Alberson sent me some video from a boat of the same area. Gabe Gosney, a passenger in Alberson’s jet boat, shot the video on GoPro and wants to share it with the community.

Giant Sand Bar Now Looks Like Example of Pit Capture

The area in question lies on the west side of the river, just south of SH99. When Alberson first saw it, he excitedly texted me, saying he found an example of “pit capture” on the West Fork. The only problem: there was no pit to capture. And no recent flood.

As Alberson sped down the West Fork, he spotted the area and slowed. Gosney shot hand held from the boat. Here’s what the carnage looked like from the river.

3 minute 15 second video by Gabe Gosney of 7.5 acre area in San Jacinto West Fork being mined for sand.

Changes to Riverine Environment

Several things become apparent immediately upon viewing the video.

  • Humans caused extensive damage to the river ecosystem (property of the state).
  • What looked like the edge of a sand bar from 300 feet up in a helicopter is actually small piles of sand left by the miners.
  • River current now flows through the mined area, but at a slower rate than the river itself.
  • Trees that used to form a small part of the edge of the bar in one area have toppled.
The sand bar outlined above in this Google Earth satellite image from 12/1/2019 no longer exists.
It has been mined out of existence.

Alberson says the river was up about a foot to a foot and a half compared to normal because of the SJRA’s seasonal release of 529 cubic feet per second from Lake Conroe. He said the current was quite fast – difficult to stand in. He did not get out of the boat to see how deep the water was in the mined area, but his impression was that it was shallow.

Mining Not Permitted According to Authorities

The TCEQ regulates mining in the floodplain. Texas Parks and Wildlife Division regulates mining in the river. And the SJRA has commissioned a study on the possibility of building “sand traps” in the river.

All three groups say they have no record of issuing any permits for river mining in the San Jacinto.

Potential Dangers

During floods, the dying trees you see in the video will dislodge and float downstream where they will cause property damage or get lodged in bridge supports, form dams, and cause flooding.

When floodwaters spread out in this area, they will slow and deposit their sediment load. However, where the river channel becomes narrower downstream, the river will speed up again and likely accelerate erosion of river banks and other people’s property.

Texas Parks and Wildlife is investigating. More news to follow.

Posted by Bob Rehak on 4/24/2020 with thanks to Josh Alberson and Gabe Gosney

969 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.

TPWD Investigates River Mining Without Permit on San Jacinto West Fork

A 7.5-acre point bar outside a San Jacinto West Fork sand mine has disappeared, the apparent victim of river mining. River mining is prohibited in many countries because of its dangers. Texas does not prohibit it, but taxes it at a higher rate than floodplain mining to discourage the practice. The dangers include:

  • Upstream and downstream erosion
  • Destruction of riverbanks and river properties
  • Undermining infrastructure (such as bridges and pipelines)
  • Increases in turbidity
  • Lowering of the water table
  • Loss of riparian vegetation.
Location of River Mining on West Fork Just South of Highway 99

No Permits on File With Key Regulatory Bodies

A check with the San Jacinto River Authority (SJRA), Texas Commission on Environmental Quality (TCEQ), and Texas Parks and Wildlife Division (TPWD) showed the following:

A TCEQ investigator has spoken to the Texas Parks & Wildlife Department (TPWD) Wetlands Conservation Program. “If the facility is digging in or very near the water’s edge,” said the TCEQ’s Jonathan Walling, “the facility would most likely need a permit from TPWD.”

Tom Heger of TPWD said Montgomery County Parks & Wildlife officials are investigating.

Compare the satellite image above to the shots below. Google Earth measurements show the sand bar that no longer exists was bigger than most of the pits in the mine itself.

Looking downriver, you can still see outlines of point bar and marks from excavator.
Close up of marks left by teeth of excavator.
Looking toward West Fork where point bar used be. Vehicle tracks lead back to mine behind camera position.
Pits created in the river.
Relationship of river mining to flood plain mine in background.
Well-used road between excavation and mine.
The disappearance of sand is not because of the seasonal release of water from Lake Conroe. Hundreds of bars both up and downstream appeared normal.
Google Earth shows the river to be approximately 350 feet wide at this point.

Texas Rules on River Mining

The State of Texas governs the taking of sand from rivers. See the regulations and laws on this FAQ page at: https://tpwd.texas.gov/faq/landwater/sand_gravel/. Key points include:

  •  If the stream is perennial (flows most of the time), or is more than 30 feet wide between the banks (even if it is dry most of the time), the State claims the bed and the sand and gravel in it as State-owned. 
  • A permit from the Texas Parks and Wildlife Department is required to “disturb or take” streambed materials from a streambed claimed by the State.

According to TPWD, the operator did not have a permit. In fact, no one on the entire San Jacinto river has a permit, according to TPWD.

How River Mining Degrades River Beds/Channels: Academic Insights

San Diego State University summarizes some of the issues associated with river mining. The paragraph below, taken from their excellent website, explains why most governments discourage river mining.

…bed degradation occurs when mineral extraction increases the flow capacity of the channel. A pit excavation locally increases flow depth and a barskimming operation increases flow width. Both conditions produce slower streamflow velocities and lower flow energies, causing sediments arriving from upstream to deposit at the mining site. As streamflow moves beyond the site and flow energies increase in response to the “normal” channel form downstream, the amount of transported sediment leaving the site is now less than the sediment carrying capacity of the flow. This sediment-deficient flow or “hungry” water picks up more sediment from the stream reach below the mining site, furthering the bed degradation process.

G. Mathias Kondolf of the University of California/Berkeley published this illustrated paper on the hungry water effect.

Professor Kondolf also published “Geomorphic and environmental effects of instream gravel
mining.” It contains an excellent, well documented discussion of the impacts of river mining.

SEDIMENT MINING IN ALLUVIAL CHANNELS: PHYSICAL EFFECTS AND MANAGEMENT PERSPECTIVES by M. RINALDI, B. WYZGA and N. SURIAN contains an thorough discussion of the dangers of river mining and public policy. (Warning: Copyrighted paper; costs $49.)

Mine Ownership

According to the TCEQ, the sand mine in the photos is called the Spring Wet Sand and Gravel Plant. Their registration database shows Multisource Sand And Gravel Co., Ltd. owns and operates it, under APO registration number AP0002459. Multisource Sand and Gravel Co. Ltd. is based in San Antonio at 126 East Turbo Drive. It is a subsidiary of Sage LLC. Lee C. McCarty and Benjamin Davis manage it from the Turbo Drive offices.  Daniel E. McCarty and Lee C. McCarty manage Sage.

The mine owners could not be reached for comment. Their phones went unanswered, perhaps because of the COVID crisis.

Posted by Bob Rehak on 4/23/2020

968 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.