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Perry Homes Resumes Construction of Woodridge Village Day After County Commissioners Fail to Reach Deal

In March, the City of Houston publicly refused to participate financially in any purchase of Perry Homes’ Woodridge Village property. Perry Homes then gave other parties still negotiating (i.e., Harris County) an end-of-month deadline. Perry extended that a week when it appeared that Harris County Commissioners might come up with the cash. However, when the Commissioners failed to reach agreement late last night, Perry resumed construction Wednesday morning.

Precinct 4 Commissioner Jack Cagle and HCFCD had hoped to create a large scale detention basin to reduce Elm Grove and East Fork flooding. The resumption of construction makes that less likely now.

Reports Start Flowing In of Massive Construction Activity

All morning, I received reports of construction activity on the site. Near Woodland Hills. Near the N2 detention pond. Near the Webb Street entrance in Porter.

It’s hard to imagine how Perry could react so fast. Then it occurred to me. Maybe they didn’t. Maybe this was in response to promises they made to Mayor Turner last October.

Perry’s Promise to the City

*It took Perry four months to finish Item 2, not 30-45 days. They haven’t started on Item 3 yet.*

In February, I reported that LJA Engineering was soliciting bids to build the additional detention ponds for Perry mentioned in the letter above. Here is the invitation to bidders.

I also found this record of a City of Houston inspection dated 3/9/2020. It stated that work on the additional detention ponds was supposed to start on 3/16. It didn’t.

But Elm Grove resident Jeff Miller informed me today that Perry had started mobilizing construction equipment last week (see below) near the N1 pond. Thus, all the evidence started to support the theory that Perry was just executing the next phase of its promise to the Mayor when Commissioners failed to reach agreement last night.

*Equipment staged near site of N1 Detention Pond on Perry Homes’ Woodridge Village. Photo taken 4/6/2020 by Jeff Miller.*

Promises and Construction Activity Not Adding Up

One thing doesn’t quite add up, however – where the contractor started working today.

If Perry was fulfilling its promises to Turner, workers should have been excavating detention ponds. But they worked elsewhere, in planned residential areas near Woodland Hills Drive and adjacent to, but not in, the N2 detention pond.

*N2 Detention Pond is second pond in northern section at SW corner. See triangular area in center and compare to photo below.*

Here are the approved plans for the N2 Detention Pond.

*If Perry intended to work on the N2 Detention pond, they were in the wrong place.* *What were they doing?*

The area labeled N2 in the photo above looks as though it has already been excavated. It was. By Montgomery County 15 years ago. Most likely as offsite detention for another project. According to plans, Perry was supposed to deepen this area to increase detention capacity. It has not yet done so. And that may have contributed to Elm Grove flooding.

However, instead of starting to deepen the pond today, or excavate N1 as Perry’s letter suggested they would, workers appeared to focus elsewhere. They worked on the other side of the tree line that separates N2 from the residential area. See above and below.

*Shooting in a southerly direction toward the end of the crescent-shaped line of trees above. Note how excavation is taking place in front of the trees, not behind them.* *This work is not in the planned N2 pond*, *it’s in an area that was planned for residential.*

*As I left the area, more equipment arrived* *at Webb Street entrance.*

*Construction activity was also evident near Woodland Hills Drive opposite Kingwood Park High School.*

Actions Reveal Intent More than Words

Regardless of the answers, there’s a truth to actions that’s often obscured by words.

The location of construction activity makes it appear that Perry has decided to forge ahead with the development of Woodridge Village.

Unfortunately, that could make a potential deal more remote. That will add to cost that Perry likely demands for a deal. Perhaps millions. And cost formed the primary barrier to consummating a deal last night.

Worse yet, there’s no assurance that anything Perry is currently doing to the site will further HCFCD’s goals for the property.

If there was an innocent explanation for all this, no one volunteered it Wednesday.

Posted by Bob Rehak on 4/8/2020 with help from Jeff Miller

953 Days since Hurricane Harvey and 202 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.

Getaway During Lockdown: Cruise Down Ben’s Branch in Josh Alberson’s Jet Boat

When I saw this meme, it made me realize that people feel walls closing in on them from the virus lockdown.

So take a quick getaway. Cruise down Ben’s Branch with Josh Alberson in his jet boat. Jetboats have a very shallow draft, so they can get into areas too shallow for propeller-driven boats.

First Video Shows HCFCD Excavation Work Up Close

Josh sent in two videos. One shows the area where Harris County flood control is currently excavating the last of almost 80,000 cubic yards of sediment. In this video, Josh’s boat moves slowly so as not to create wakes that endanger workers.

As he moves under the West Lake Houston Parkway Bridge, you can see an excavator stacking wet soil on the shore where it will drain before trucks haul it away.

Video courtesy of Josh Alberson

Said Beth Walters of Harris County Flood Control, “The material placed along the south bank of Ben’s Branch is drying out. It will be disposed of offsite. The south bank of the bayou will remain in the same location. This is a maintenance project to restore the channel.”

Second Video: High Speed to Lake Houston

The second video is more exciting. It makes you want to go out and buy a jet boat and explore the river and its tributaries.

As Josh moves past the YMCA and approaches the Deerwood Club, he pulls the throttles out all the way to Lake Houston.

Says Josh, “The Mouth Bar really extends all the way to shore. From the visible island to the park in the Cove, it is all only 2 ft or so deep. While Ben’s Branch may be up to 6 ft deep, it dumps out into a 2 ft deep flat.”

Video courtesy of Josh Alberson

But that’s City property and another project for another day.

Plans for Area South of Kingwood Drive

These videos do not show Ben’s Branch immediately south of Kingwood Drive to the Kingwood Library. Many readers ask about the aesthetics of that reach. Even though the construction has moved past that area, it still looks ragged.

Said Walters, “The contractor will be required to dress up the site so that turf grass establishment can occur. Contractors typically dress up the site and complete all final grading just before moving off site. Once dressed, HCFCD’s vegetation team will place turf grass placed upon it. The final condition of the entire project site will be as it was before, with turf grass on all of the earthen berms and banks.”

Posted by Bob Rehak on 4/8/2020 with thanks to Josh Alberson, Beth Walters and HCFCD

953 Days since Hurricane Harvey

Outcome of Commissioners Court Meeting Hopeful for Elm Grove

A marathon 10-hour meeting of Harris County Commissioners Court ended on a hopeful note for Elm Grove Village. But it was an emotional roller-coaster ride. Commissioners discussed whether to purchase Woodridge Village from Perry Homes and use it to build a giant detention facility to protect Elm Grove from future flooding.

*The northern part of the 268-acre flood-prone Woodridge Village*

Recap of Meeting

Before adjourning to executive session, commissioners discussed their concerns about a potential deal in open session. If you watched it live, you probably worried at that point. Commissioners Ellis and Garcia seemed to look for ways to kill any deal.

For instance, Ellis asked pointed questions about line items in the Flood Bond. He wanted to know what line item the money would come from for Elm Grove. Russ Poppe, Executive Director of the Flood Control District, explained that they set aside money for “San Jacinto Watershed drainage improvements in general.”

Ellis said, “But it wasn’t set aside for this?” Poppe replied that Elm Grove flooding happened after the Bond election, but that it fit the criteria for drainage improvements in the SJR watershed. And Ellis again said, “So it wasn’t set aside for this.”

Video of the meeting has not yet been posted.

Ellis, Garcia, Hidalgo Always Vote as Block

I’ve been told by reliable sources that since the last election, Hidalgo, Garcia and Ellis have ALWAYS voted as a block on every issue. So when they went into executive session, I bit my fingernails.

But when the commissioners and county judge came back from executive session, the feeling was more hopeful. We don’t have an agreement to approve a deal. But we have an agreement to keep negotiating.

What Harris County Still Wants

Here’s what commissioners want:

HCFCD will formally request an extension from Perry Homes on its March 31 deadline. This should not be a problem. People aren’t exactly lining up to buy the jinxed Perry Homes property.
HCFCD will also pursue an inter-local agreement with Montgomery County (MoCo) requesting that MoCo follow Atlas 14 guidelines – especially within the City of Houston’s (CoH) extra territorial jurisdiction. MoCo already has adopted the new higher standard since approving Perry Homes’ permits. However, their Atlas-14 standards differ slightly from Harris County’s because MoCo is further north and receives less rainfall. This should not be a deal killer either.
HCFCD will also request an inter-local agreement with CoH. At a town hall meeting in March, the City made it abundantly clear that it would not contribute cash to a buyout. So in lieu of cash, Harris County will request that the City provide assets that could help Engineering or Flood Control complete County projects more cost effectively.

After that the meeting adjourned.

Thank You

Thanks to Precinct 4 Commissioner Jack Cagle who put this item on today’s agenda and has kept pushing it. Thanks also to everyone who wrote or called the commissioners requesting their support. Your efforts made a difference. Keep praying.

Posted by Bob Rehak on 4/7/2020

752 Days since Hurricane Harvey and 201 since Imelda

Rosie Takes Ride on Harvey Cruise Line

Denise Faulkner sent this picture in via ReduceFlooding.com’s Submissions page. It gets my vote for the funniest Harvey photo ever. I call it “Rosie Takes a Ride on the Harvey Cruise Line.”

*Rosie the Dog on the Harvey Cruise Line during Harvey*

Here’s the backstory. The dog, Rosie, belong’s to Denise’s mother. She parked the dog on this floating foam cushion while collecting her “essentials” before evacuation. How ingenious! A short while later, they were rescued on the jet ski you see in the background in the doorway.

According to Denise, Rosie did great during and after Harvey. She survived the storm and bounced back without any trauma or drama. Dogs are great in that respect. All they need is a little food, a lot of love, and a warm place to sleep.

It’s hard to find comedy in the middle of tragedy. But now that the hurt of Harvey is 952 days in the past, this photo gave me a belly laugh. I hope the Harvey Cruise Line and Rosie at least make you smile.

If you have flood pictures that you would like to share with the world, please send them in via the Submissions page.

Posted by Bob Rehak on 4/7/2020 with thanks to Denise Faulkner

952 Days after Hurricane Harvey

TCEQ Alleges Fourth Unauthorized Discharge in 10 Months at Triple PG Mine

In March, ReduceFlooding.com published pictures of the Triple PG sand mine pumping water onto adjoining properties near White Oak Creek. The TCEQ investigated within days. Today, they reported their findings and issued a Notice of Enforcement for the unauthorized discharge of process water. The discharge also appears to violate terms of the Attorney General’s injunction against the mine and could result in the AG seeking additional fines up to $25,000 per day for discharges at apparently lasted three months.

*Mine process wastewater flooding neighboring properties in upper right. Picture taken Jan 20, 2020.*

*Mine process wastewater flooding neighboring properties in foreground. Picture taken Feb. 13, 2020.*

*Triple PG wastewater on neighboring properties on March 6, 2020. See water in strip of trees in front of stockpile.*

TCEQ Report on Compliance Investigation

TCEQ observed process water outside Triple PG’s property boundary and concluded, “The allegation of a discharge of process water was confirmed. As a result of the investigation conducted on March 11, 2020, one alleged violation was noted for failure to prevent the discharge of process water.” That was the fourth such finding in five years for the mine.

TCEQ says in part, “Because process water was located outside of the facility’s property boundary with a high likelihood to enter waters of the state, an unauthorized discharge had occurred.”

676% Higher Levels of Suspended Sediment than Creek Water

Wastewater was overflowing from Ponds Five and Six. Analysis of water samples showed that the overflow had levels of suspended solids in it that were 137% to 676% higher than the background level found upstream in White Oak Creek. That’s more than 2X to almost 8X above the creek water.

Discharge Not Authorized

Both TCEQ rules and the terms of the injunction prohibit any discharges of process water not authorized by the TCEQ.

The Notice of Enforcement issued by the TCEQ on 4/3/2020 cites, “Unauthorized discharge of process water: Specifically, during the investigation conducted on March 11, 2020, process water was noted outside the property boundary of Triple PG Sand Development Facility with the likelihood to enter waters of the state.”

Recommended corrective action? TCEQ simply says, “There shall be NO unauthorized discharge of pollutants.”

Additional Fines Possible

The Texas Water Code Section 7.102 allows fines up to $25,000 per day for each day of a continuing violation. See flooded neighboring properties above in January, February and March flyover photos.

That water was building up and flooding adjoining properties for at least three months. This could get expensive for Triple PG!

The Attorney General’s office did not respond yet to a request for comment about the type of penalties that it would seek, if any.

Fourth Unauthorized Discharge in Last Year

TCEQ has conducted eight other investigations at Triple PG in the previous 5 years. They included investigations into:

Failure to renew their registration
Alleged failure to maintain pollution prevention measures and controls
Failure to maintain a Stormwater Pollution Prevention Plan (SWP3)
Unauthorized discharge of process water (three times since May 2019)

This makes the fourth citation for unauthorized discharges in a year.

Editorial Comment: This mine just doesn’t seem to take the TCEQ, Attorney General, State of Texas or the health of their neighbors seriously. I hope the Attorney General shuts them down.

Posted by Bob Rehak on 4/6/2020

951 Days after Hurricane Harvey and 200 after 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.

Last Chance to Ask County Leaders to Help Prevent Elm Grove Flooding

In tomorrow’s Harris County Commissioners’ Court meeting, county leaders will discuss, in executive session, the possibility of purchasing Woodridge Village land from Perry Homes. The idea: to build a large detention basin with sufficient capacity to keep Elm Grove from flooding again.

If you have not yet called or written commissioners and the county judge, please do so. The outcome of this meeting will likely impact home values in the affected and surrounding areas for years to come. Here are points you could mention:

Key Points to Emphasize

Elm Grove never flooded before Perry Homes clearcut the area immediately upstream called Woodridge Village.
Then Elm Grove flooded twice in five months, on May 7th and September 19th, 2019. Approximately two hundred homes flooded in May. Two or three times that number flooded in September.
The flooding was not due to normal street flooding or overflow from Taylor Gully. Overland sheet flow from Woodridge Village caused it.
Clearcutting increased the amount and rate of runoff in both storms so that it accumulated at the county line culvert quickly and overflowed into Elm Grove streets.
Perry funneled the water toward the areas that flooded.
Perry bought the land in January of 2018. After two years and three months, they still have only constructed 23% of the promised detention pond capacity.
Even that capacity is undersized by approximately 40% because Perry contractors used pre-Atlas 14 rainfall statistics in their computer modeling.
The water table is much higher than Perry anticipated. Their 15-foot deep detention basin is constantly about one-third filled with water, reducing detention capacity even more.
About a quarter to a third of the site was previously wetlands. Standing water there has not evaporated for months.
This land will probably never be safe for homebuilding.
If Harris County doesn’t buy it and convert it into a detention basin, Elm Grove is likely to flood again.
The recurrent flooding and uncertainty have caused many families to flee the affected area already. Homes are selling for 50 cents on the dollar. Many homes remain vacant and rotting. Many who are left can’t afford to move.
It’s becoming a public-health and mental-health issue at this point. People are reluctant to repair their homes until they are certain of mitigation that has a chance to succeed.

Hints

Be positive. Harris County didn’t cause this problem.
Don’t flame. Honey attracts more bees than vinegar.
Don’t demand. They have many problems to solve.
Specify that this relates to Item IV on the agenda for 4/07/20. It relates to a request by Commissioner Cagle to discuss the purchase of real property in the Elm Grove area needed for flood control purposes.

Of the four other votes on the Court, Cagle needs commitments from two to make this happen. Steve Radack, Precinct 3 Commissioner; Lina Hidalgo, County Judge; and Adrian Garcia, Precinct 2 Commissioner are the most likely supporters.

Who/How to Contact

Harris County Judge Lina Hidalgo

Phone: 713-274-7000 or (713) 755-8379
Email: judge.hidalgo@cjo.hctx.net

Commissioner Adrian Garcia, Precinct 2

Phone: 713-755-6220 or 713-274-2222
Email via web form.

Commissioner Steve Radack, Precinct 3

Phone: (713) 755-6306
Email: pct3@pct3.com

Please call or write NOW. The meeting is tomorrow morning at 10 a.m.!

Due to Covid-19 restrictions, you can sign up to speak without actually going downtown.

To see the meeting online, go to https://www.harriscountytx.gov/Government/Court-Agenda/Court-Videos.

Posted by Bob Rehak on 4/6/2020

951 Days after Hurricane Harvey and 200 since Imelda

Bruce Sprague’s Hurricane Harvey Story, Part VI

I have known Bruce Sprague for 30 years. He has always been a contributor. He flew cargo planes in Vietnam back in the 1970s and was honorably discharged from the Air Force as a Major. Then he captained commercial planes for Continental Airlines. Most recently, he taught military pilots how to transition to commercial aircraft. Like most pilots who live to the age of 73, Bruce follows procedures religiously and always has backup plans to his backup plans. But lately, life has dealt him a series of blows that have left him flying on fumes with only one engine.

*While in the US Air Force and USAF Reserves from 1970 thru 1984, Sprague flew C5s all over the world.*

*Bruce Sprague flew for Continental Airlines from 1978 thru 2006. Here is his most famous passenger in 2001, right after the terrorist attacks.* *Bruce is the pilot standing next to George Bush.*

In 2006, at age 60, FAA regulations forced him to retire from flying. Then in 2008, the financial crisis wiped out a large part of his retirement savings. Next, in 2017, he flooded from Hurricane Harvey. Then the Texas General Land Office (GLO) denied him a grant under the Homeowner Assistance Program (HoAP) because he had already taken out an SBA loan. And most recently, he lost his teaching gig when the airline industry went into a tailspin due to the corona virus; no new pilots needed!

So now, Bruce is trying to regain altitude by appealing the grant rejection, but the GLO is still stalling him.

This is the story of a man who has been 1) forced out, 2) wiped out, 3) flooded out, 4) ruled out and 5) “virused” out.

Despite all that, Bruce has maintained a positive attitude. I’m writing this because he symbolizes, according to a GLO estimate, a thousand other Texans caught in a similar bind.

Waking Up on August 29, 2017, to a Changed Life

Rehak: What happened to you and your home during Harvey?

Sprague: Like most people, we went to bed on the night of August 28th thinking we were safe. But on the morning of the 29th we woke up to find an army of insects marching in front of a what felt like a tidal wave headed toward our house. Soon, the water started creeping in. It eventually reached 25 inches in the house and 30 inches in the garage.

*The Sprague Kitchen on the morning of August 29, 2017 during Harvey*

Rehak: Did you have flood insurance?

Sprague: No. We are in the 500-year flood plain.

Rehak: What happened next?

Reconstruction, Loans and Grant: Start of Even Bigger Problem

Sprague: Luckily, our son in law is in a business that regularly uses lots of contractors. He got people repairing our home right away. And they only charged us cost. No markup. That was the good news. But because of financial losses in 2008, we still had a mortgage and less in our retirement fund than I planned. So we applied for an SBA loan. And they loaned us about $90,000. We also got about $30,000 of individual assistance from FEMA. But the repairs cost $130,000 and that didn’t include contents and replacement of two cars. At any rate, we were able to get back in our house by Christmas, which was close to a record.

*Tearing out wallboard, insulation, cabinets and flooring.*

Rehak: Some time later, HUD Homeowner Assistance grants became available and you applied for one. Did you see anything in the fine print to cause you concern?

Sprague: Yes, there was a clause called “Duplication of Benefits.” It said that if we had taken an SBA loan, we would not be eligible for the grant.

Rehak: Did you ask about that?

Sprague: Yes, the person at the City who processed our application for the General Land Office said that would not be a problem. “Not to worry about it,” she said.

Rehak: So you applied?

Sprague: Yes. We went thru a year long process to fill out forms. We made multiple visits to the HoAP offices, and many, many phone calls and emails.

Loan With Interest Classified Like Grant

Rehak: What happened?

Sprague: They denied us.

Rehak: Why?

Sprague: Duplication of benefits.

Rehak: How is a loan that you have to pay back with interest a “benefit”?

Sprague: Those are their rules. But that wasn’t our only problem. Even though we had receipts totaling $130,000 for repairs, and even though most other people in the neighborhood paid more than $200,000 to repair their homes, the City inspector estimated we only had about $105,000 worth of damage. That reduced the amount of any potential grant.

Not Following Katrina Model

Rehak: When people hear the words “duplication of benefits,” it conjures up images of double dipping and fraud.

Sprague: Right. Had we applied for GRANTS that totaled more than we paid, I would agree with that. But a loan is not a grant. You have to pay it back…with interest. So you’re not defrauding the government unless you default on the loan. Look at it this way.

We had way more in repair costs than the total of our loans and grant. And they’re not even considering a homeowner assistance grant.

That’s just not fair. A lot of people think that, not just me. After Katrina, they allowed people in New Orleans to pay down their SBA loans with homeowner assistance grants. It was NOT considered a duplication of benefits then!

Rehak: So, what did you do next? You’ve worked in and around government for decades.

Crenshaw Rallies Support in Congress and With Trump

Sprague: I went to Congressman Dan Crenshaw. He and his staff have been terrific. He got ten other members of Congress to send a letter to President Trump explaining that SBA loans should not be considered a duplication of benefits. That was not Congress’ intent. Trump agreed and had HUD-leader Ben Carson publish new guidance for duplication of benefits for Harvey. [See Section VB2 on page 28841 of Federal Register.]

But the Texas General Land Office, which was overseeing the distribution of these funds in Texas, still has not changed their rules. They said the new guidance came “too late.” They also said they didn’t have enough money to make grants to people who also had loans. So, Crenshaw pushed an additional $45 million appropriation through Congress.

Rehak: Where does that stand now?

*The belongings of a lifetime on the curb for looters and garbage men to take. Sprague lives in a one-story house.*

Appropriations Bill Stalled In Senate Due to Virus

Sprague: It stalled in the Senate because everyone is focusing on corona virus now. The GLO has not changed its position. They say that even though Congress and the President have clarified their position, “the rules came too late.”

Rehak: That leaves you in limbo. And you’re dealing with two disasters now: Harvey and the virus.

Sprague: I understand that people are just doing their jobs, that they have rules to deal with, and they’re trying to prevent fraud. But it sure is frustrating when the President tells someone in his chain of command, “This is how I and Congress want this to work,” and then people down the line don’t follow instructions.

Rehak: Are you holding out much hope for a grant at this point?

Sprague: No time soon. It’s been more than two and a half years since Harvey. When natural disasters destroy people’s lives and homes, they need help right away, not three or four years later.

Hoping Appeals Last Long Enough

Rehak: Have you appealed?

Sprague: Yes. We’re on our second appeal. Three appeals are possible. We’re hoping we can keep this going long enough for Crenshaw’s appropriations bill to get some traction in the Senate and for the GLO to revise its rules.

Rehak: Is there any hope in the Senate? Have you approached Cruz or Cornyn?

Sprague: I’ve gotten some nice form letters back from them saying they are “working for all Texans.”

Rehak: What do you hope for at this point?

Sprague: I just hope we survive corona so our heirs don’t inherit a mountain of debt with our house. Until now, I’ve never asked anything from my government. I hope just this once they come through.

Posted by Bob Rehak on 4/4/2020

949 days after Hurricane Harvey

Note: This report for the Congressional Research Service describes issues with the Duplication of Benefits provision.

HCFCD Partners with SJRA on Sediment Trap Project

The SJRA announced earlier this week that the Harris County Flood Control District will partner with the River Authority on a “sediment trap” pilot study for the East and West Forks of the San Jacinto. The two have hired engineering firm Freese & Nichols to conceptually design the traps and identify the optimal locations for them.

Finding the Right Combination of Factors

Most sediment traps are big holes dug in a river or channel though some are off to the side. As water passes them, velocity decreases. Suspended sediment and sand being pushed along the river bed fall into them.

*Source: EPA*. *The hole reduces water speed which accelerates deposition in a fixed location that’s easy to clean out.*

Sediment traps vary by depth, width, length, shape (wide, long, triangular, etc.), and placement relative to the channel. And as this Army Corps study shows, modifying any one of those factors can greatly affect their efficiency. The challenge: to find the optimal shape, size and location.

The optimal length, for instance, depends on the speed of floodwaters and the settling rate of sediment particles. The trap needs to be long enough to give suspended sand time to fall out of suspension. Otherwise, sand just passes over the trap and continues downriver.

The hope: that the right type of traps placed in the right locations could help reduce flooding by reducing the amount of sediment migrating downriver and then blocking the mouths of each river branch.

Coming Out of HB1824 and River Basin Study

House Bill 1824, passed just last year, helps make sediment traps financially feasible. It allows the partners to remove material from the San Jacinto River and its tributaries to restore, maintain, or expand storm flow capacity without the need for state permitting or a royalty payment to the state.

Also note that the project will use data developed for the San Jacinto River Basin Master Drainage Study. It started in April of 2019 and is now about two-thirds complete.

Scope of Work Outlined

The scope of work outlined for Freese & Nichols includes, but is not limited to:

Reviewing and comparing: current and historical LiDAR surveys and aerial photos to gauge sediment erosion, deposition and location
Evaluating digital elevation maps to identify constrictions
Identifying the ten areas with the largest volumes of sediment deposition, including the two largest at a sand mine.
Reviewing FEMA floodplain, National Wetland Inventory, Texas Historical Commission and Texas Parks and Wildlife information for any problems related to each potential site.
Core sampling of sand bars to determine silt content
Ranking preliminary locations using the following: sediment deposition volume, potential sediment storage volume, proximity to existing roads, proximity to existing APO facilities.
Selecting the four locations with the highest potential based on drainage area, sediment load, geology, road access, etc.
Narrowing that to three locations in conjunction with SJRA and HCFCD
Developing sediment trap conceptual solutions specific to each of the final three selected sites
Estimating rate of sediment accumulation and clean-out intervals
Estimating reduction of sediment accumulation due to trapping
Submitting a final report.

The project does NOT extend into Lake Houston. Freese & Nichols will examine both the East and West Forks plus three miles upstream from the East and West Forks along certain tributaries. Tributaries would include, for instance, Lake Creek and Caney Creek. The idea is to intercept sediment before it can make its way into the lake.

Project Timing

The project timetable indicates completion in early fall of 2020, about the same time as the entire San Jacinto River Basin Study. Thus, any recommendations coming out of this project would not be constructed for this hurricane season. SJRA currently hopes to have the trap(s) installed by the end of 2022.

Pros and Cons of Sediment Traps

Proponents say sediment traps can reduce expensive dredging, restore fish habitat, reduce flood risk and more. However…

The scientific literature on sediment traps reveals mixed reviews. Many efforts fail, primarily because of lack of maintenance budgets and regular clean-outs. The SJRA and HCFCD plan to address that issue upfront by involving the sand mining industry. Notice that of the four location-ranking criteria bolded above, three favor proximity to sand mines:

Sand mines have pits to store sediment.
They have roads that lead to the river that can carry heavy equipment.
Mines have cleaning, sorting and transportation facilities onsite to reduce transportation costs, and thus make material more attractive for resale.

Compensation for Sand Miners

A compensation agreement for sand miners who remove sediment from traps has not yet been worked out. However, Matt Barrett, SJRA’s project engineer, says, “The intended benefit to the APOs of participating in the public-private partnership would be that they could utilize or sell the material they remove from the trap(s). ”

Concerns of Environmental Groups

One of the concerns environmental groups have had about HB1824 (which began life as SB2126) is that it could potentially open the door to river mining and all of its risks.

River mining is outlawed in Europe, many other first-world nations, and even in some third world countries.

It tends to alter the gradient of rivers; cause upstream and downstream erosion; destroy private property along river banks; and undermine infrastructure such as bridges and pipelines.

Thus, the sediment traps raise a question of potential liability. If a pipeline or bridge is undermined or if property is eroded by the traps, who is responsible?

“Stability of the river is key to the long term safety and well-being of our community. We know that our public agencies have an important task. Before spending additional taxpayer dollars, don’t we want to make sure that projects won’t make problems worse AND won’t raise taxpayer costs?” said Jill Boullion, Executive Director of the Bayou Land Conservancy.

SJRA Response to Concerns

The SJRA has consistently denied that it would permit wholesale river mining. Most recently, Matt Barrett, the River Authority’s engineer for the sediment trap project said, “SJRA has no intention of engaging in or facilitating river mining in the San Jacinto River or any of its tributaries. The legislative language in HB1824 allows for the removal of material for the purpose of restoring, maintaining, or expanding the capacity to convey storm flows. Any projects undertaken by SJRA to remove or facilitate the removal of material from the San Jacinto River or its tributaries would be for this purpose.”

“River mining is not part of what we are doing. Only sediment in the trap will be removed,” he said.

Barrett is aware of potential hazards. “SJRA and its consultant are aware of the potential negative impacts that can be caused by trapping and removing sediment from a river or stream – changing the sediment balance – and prior to constructing any sediment trap or implementing removal of any material will perform analysis to ensure that any potential negative effects do not offset the positive.”

He sees the current design project as part of a pilot study that can scale up later. “One of the goals of this relatively small scale project is to serve as a “pilot” that gives us data on the real-world effectiveness of sand traps. If data indicates this is a viable flood risk mitigation solution, then additional funding and partnerships could be sought to expand the concept. We are excited to start this project and seek solutions to reduce flood risk.

For More Information

For more on how on sediment traps work, see this presentation found on the EPA site about a project in Michigan. It’s not directly analogous to south Texas because rainfall rates, soil types and gradients differ. But helps explain the theory of traps.

Click here to see Freese & Nichols’ full scope of work on the sediment trap project on the San Jacinto.

Posted by Bob Rehak on 4/3/2020

948 Days after Hurricane Harvey and 197 since Imelda

“Above-Average” Hurricane Season Predicted This Year

USA Today has reported that hurricane experts from Colorado State University (CSU) have predicted an above-average hurricane season this year. How much above average? About 140%, they say. In addition, CSU predicts a 69% chance for a MAJOR hurricane (Cat 3, 4 or 5) to strike the mainland U.S.

Warm Atlantic and El Niño Seen as Main Factors

Reasons: unusually warm seawater in the Atlantic and the likely LACK of an El Niño in the Pacific. El Niño in the Pacific usually sets up wind shear that tears apart storms in the Atlantic. Said another way, they help keep tropical storms from developing into full-force hurricanes. But without El Niño, the lack of shear allows more storms to develop and creates active hurricane seasons.

*Source: NOAA, From April 2, 2020. Shows most of Atlantic has above-normal sea-surface temps, and that temps immediately offshore the upper Texas and Louisiana Coasts are now 4-5 degrees above normal.*

CSU predicts 18 named storms will develop.

AccuWeather released its hurricane season predictions a week earlier. They predict 14-18 names storms. Of those, seven to nine will likely become hurricanes, and two to four are likely to hit the U.S. mainland.

NOAA should issue its forecast in late May.

Hurricane season extends from June 1 to November 30.

March Warmth Unrelated to Hurricane Season

Jeff Lindner, Harris County Flood Control’s meteorologist, says that the unusually warm March that south Texas just experienced (about 8 degrees above normal) will have little effect on tropical storm formation. “There is some correlation with a warm Gulf of Mexico and severe weather and flooding along the Gulf Coast during the spring months. But there is little to no correlation to tropical activity in the Gulf during summer months.”

3-4 Inches of Rain Possible in Next 5 Days

Speaking of Spring rains, Lindner also predicts a stormy weather pattern will set up over our area for the next 5-7 days. He says “some severe weather and heavy rainfall will be possible.”

“Widespread rainfall amounts of 1-2 inches with isolated totals of 3-4 inches will be possible between this afternoon and Saturday,” says Lindner. He predicts the heaviest rainfall across area north of I-10. Storms could train, producing the higher rainfall amounts. But Lindner also adds, “It has been dry of late and the soil can take several inches of rainfall as long as it is not all at once.” So no one is talking about flooding at this point.

NOAA predicts a slight chance of severe storms Friday evening, mostly west of Houston.

Here’s where NOAA predicts the heaviest rains to fall during the next 5 days and what the total accumulations should be.

Posted by Bob Rehak on 4/2/2020

947 Days since Hurricane Harvey

What You Can Do Right Now to Encourage HCFCD to Buy Woodridge Village Property

Harris County Precinct 4 Commissioner Jack Cagle has placed an item on next Tuesday’s Commissioners’ Court Meeting that will affect the future of Kingwood. It’s to discuss the possibility of Harris County Flood Control spending $10 million to buy the Perry Home’s Woodridge Village property. It contributed to flooding hundreds of homes in Elm Grove and North Kingwood Forest TWICE last year.

Where Will Two More Votes Come From?

Cagle needs at least two more votes on Commissioners Court in addition to his own to approve the effort. Reportedly, Judge Lina Hidalgo, Commissioner Adrian Garcia in Precinct 2 and Commissioner Steve Radack in Precinct 3 are the most “gettable.”

Here’s how you can help. Email or call these officials today. Urge them to support Cagle’s motion. Do it NOW. I’ve listed their contact info below.

At Stake: The Future of Kingwood

*Ten flooded homes in a row, all vacated. Photo taken in North Kingwood Forest in December 2019. All homes back up to Woodridge Village.*

Without help, Elm Grove and North Kingwood Forest could drag down the reputation of the entire Kingwood community.

Real estate prices in both areas have reportedly dropped 50% compared to one year ago.
Many flooded homes remain vacant and/or unsold because of fear of additional flooding.
Additional flooding could devastate remaining homeowners. Many were already struggling to pay repair bills from two floods. Now corona-virus layoffs make that even more difficult.

*Elm Grove kitchen home five months after being flooded a second time.*

These are working class neighborhoods. As much so as any in Harris County. People simply can’t afford to flood again.

Language in last year’s flood bond allows Harris County Flood Control District to buy property in neighboring counties for the purpose of building upstream detention. The lack of detention on Perry Homes’ property is the primary reason hundreds of homes in Kingwood flooded. Two years after clearing the property, Perry Homes still has constructed only 23% of the needed detention.

No Other Good Alternatives At This Time

Harris County Flood Control reportedly can start work on expanding detention capacity as soon as Commissioners reach a deal.

If they can’t, Perry has said it will sell Woodridge Village to another developer or continue to develop the property itself. However, if that happens, the detention ponds on the property would still likely be undersized by 40%. That’s because Perry Homes rushed to get their plans approved before the new, higher Atlas-14 rainfall standards went into effect.

Help Now! Here’s How

To contact Judge Hidalgo, Commissioner Garcia or Commissioner Radack: