Those same sources also told me that Perry Homes started out asking for their purchase price of the land PLUS the money they spent partially developing it. However, as I reported last week, based on the newspaper articles, that appears to have changed at this point.
Woodridge Village after the May 7, 2019, flood
Full Text of Perry Homes’ Fact Sheet about Land Sale
Below is the full text of a “fact sheet” along with a link to the original PDF Perry Homes PR people allegedly sent out about the sale of their Woodridge Village Property in Montgomery County. I say allegedly because I have never known a public-relations person to put out information that is not on a letterhead and without contact information.
“FACT SHEET ON WOODRIDGE VILLAGE”
“For several months, we have been in discussions with Harris County to sell the +/- 268-acre Woodridge Village site in Montgomery County so that it can be used for regional detention. Our offer price is our original acquisition cost of $14,019,316.85. This sale would represent a loss of the development costs we have already spent, which are over $9 million to date. We would also be foregoing the future profits we would earn from building and selling homes.”
“The draft study performed by LJA Engineering advised this regional detention concept would remove more than 800 homes from the 500-year floodplain and provide additional flood mitigation for hundreds of other area homes. We are willing to absorb the losses referenced in the paragraph above because of the enormous benefit it will offer to downstream residents in Houston and Harris County.”
“If the property is not going to be used for regional detention, we plan to either develop it for Perry Homes or sell it. Work is ready to start on the remaining detention facilities. We have also listed it for sale to other developers at an initial asking price of $23 million, which will increase as additional funds are expended.”
“We first requested to meet with Harris County back in October 2019, and our first face to face meeting occurred on November 8th. At the request of Harris County officials, we even delayed the construction bid process so the commissioners could consider our proposal in executive session. After the executive session, we were informed that Harris County needed the City of Houston to partner with them to make the project occur. However, we have been informed the city is not looking to partner with the county on this project. In any event, we are concerned about delaying improvements any longer. If, by March 31st, we do not have reason to believe a definitive agreement for regional detention is likely, we will move forward with the remaining infrastructure and continue to entertain private market interest in the property.”
In my opinion, there were four key pieces of new news in this when its was released.
First, Perry Homes has dropped its asking price by no longer demanding to recoup its development costs.
Second, Perry Homes’ supplier, LJA Engineering, has determined that turning the property into regional detention could mitigate flooding.
Third, Perry Homes is already trying to sell the property on the open market.
Fourth, Perry Homes has given Harris County a deadline to make a decision – March 31, 2020.
Reaction to the News
Dropping the asking price shows that Kathy Perry Britton has not become totally untethered from reality. However, it still seems high for someone trying to sell the Titanic with an iceberg sticking out of the side of it.
I wish LJA had told Perry Homes the property needed to become regional detention BEFORE Perry Homes bought the property. Duh!
Good luck, Kathy Perry Britton, with trying to sell this property on the open market. With oil prices below $30, the stock market gyrating wildly, 401K’s losing value, and businesses laying off employees, not many people will rush out to buy homes in the immediate future. Lest we forget, in 1985 when oil prices dropped to $35, housing values in Houston collapsed 50%.
Definition of Chutzpah: Perry Homes
Threatening the one potential buyer with a deadline shows, in my opinion, an incredible amount of chutzpah, as my Jewish friends say. Chutzpah (ho͝otspə) in the original Yiddish sense has a strongly negative connotation. It means “insolence,” “cheek,” “incredible gall” or “audacity.” However, since entering English, the word has taken on a broader, more positive meaning. Today, in the business world it usually means the amount of courage that a person has.
Leo Rosten in The Joys of Yiddish defines the term as “that quality enshrined in a man who, having killed his mother and father, throws himself on the mercy of the court because he is an orphan.”
For Perry Homes to put a deadline on this deal shows incredible chutzpah – especially when the world has become focused on the corona pandemic. It shows a similar and scary disconnectedness.
However, I must admit that everyone wants Perry Homes to do something with this property quickly. And it hardly seems fair to make them invest more money in it if Flood Control is going to buy it tomorrow.
An Offer to Perry Homes
So Kathy, I will make you a deal. I’ll buy Woodridge Village for a dollar. Then you can save face and say you dumped the property for 100 times what it was worth … before it flooded again in the spring rains. But the best part … you can take a $23 million tax deduction and make almost as much money as you would have if you had sold it in the first place. Boom! Done. You ditched that dog! You’re a hero again.
Woodridge Village after May flood.Saving money on earth moving by letting nature do it for you.
If they sell it to me, maybe I will get into the mud spa business.
Posted by Bob Rehak with Jeff Miller’s Titanic line
930 Days since Hurricane Harvey and 179 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/DirtyPipe_01.jpg?fit=1500%2C1024&ssl=110241500adminadmin2020-03-16 12:34:012020-03-16 16:08:27Perry Homes Says “Now or Never”: Selling the Titanic With an Iceberg Sticking Out of the Hull
Bryce Canyon NP, Utah. Photo courtesy of National Park Service.
Bryce Canyon Hoodoos
Hoodoos are tall, thin spires of rock that have usually eroded from the edge of a drainage basin. Hoodoos typically consist of relatively soft rock topped by harder, less easily eroded stone that protects each column from the elements. In the case of the Conroe hoodoos, the vegetation at the top of the pit helps provide that protection.
Of course, the hoodoos in Bryce Canyon formed over the last 40-60 million years, through the relentless forces of erosion. The Conroe hoodoos formed in the last two years. They’re not quite as spectacular or as tall. And they’re made out of sand, not sandstone.
Sandstone is formed when sand is cemented by such materials as silica and calcium carbonate. Most sandstones form through the accumulation of river sediments on seabeds. They are then compressed and uplifted to form new lands. Bryce Canyon was uplifted 8,000 feet, Conroe about two hundred.
Liberty Materials vs. Mother Nature
Here are some more pictures of the Liberty Materials mine in question.
And to give equal time to Mother Nature, here are some more pictures of Bryce Canyon.
Liberty looks a little sloppier than Mother Nature. But then, Mother Nature takes her time.
It may take a few more years before 2 million people a year start visiting the Liberty pit.
Posted by Bob Rehak
929 Days since Hurricane Harvey
Note: Unlike the other images on this site which are public domain, please refrain from copying or distributing my images of Bryce Canyon. To see more of my photography, visit BobRehak.com.
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_9337.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-15 16:40:062020-03-15 16:59:47A Little Bit of Utah’s Bryce Canyon Comes to Conroe
Confluence of Spring Creek (left) and San Jacinto West Fork (top) on March 6, 2020.The Montgomery County line cuts left to right through the center of this picture at the tip of that white sand bar.
If the Clean Water Act were still being enforced, we might see scenes like this less often. You’re looking at the confluence of Spring Creek and the San Jacinto West Fork. It has looked like this during random flyovers in four out of the last six months.
Liberty isn’t the only sand mine on the West Fork. You can find approximately 20 square miles of sand mines in the twenty mile stretch between I-69 and I-45. Spring Creek on the other hand has only one mine – almost 30 miles upstream at SH249.
Most West Fork mines have a tendency to leak waste water from time to time. That’s part of what you see in the photo above. Below are seven NEW breaches spotted this month upstream on the West Fork.
Mine water leaks into wetlands and out past perimeter road at LMI E. River Road mine in Conroe.Pumping water over dike at same Liberty Materials Mine on River Road.At same mine, a pipe through the dike discharges water at a fixed height into an adjoining ditch that leads to the West Fork.Liberty Materials leaks water into backyard of home in Bennett Estates. From here it goes into a storm drain on Calhoun and into the river.Difficult to see at this resolution, there’s a pump in front of the trees on the left. It’s sending waste water into the wetlands below the mine. Hallett sprouts another leak into the West Fork (lower right).Most of these breaches happen out of sight and never get reported.
Another part of the West Fork turbidity problem is upstream construction in Montgomery County. Believe it or not, Montgomery County starts at the tip of that white sand bar at the confluence of Spring Creek and the West Fork.
That’s how you get construction practices like those in the new 2200 acre Artavia complex going in next to the West Fork sand mines, just south of SH242 by FM1314. Brand new culverts are already clogging. See below.
Artavia drainage ditch and culverts. A river of mud.
More on Artavia in a future post.
The erosion is so bad, even the erosion is eroding in many places.
Decline of Clean Water Act
Then, of course, another part of the problem is the gutting of the Federal Clean Water Act. States, counties and municipalities used to have someone setting standards and looking over their shoulders. The rollback of key provisions, such as the redefinition of “waters of the U.S.”, has been heralded as a boon to developers and the death knell of wetlands.
Of course, you don’t have to change regulations to kill them. You can just not enforce them. By turning a blind eye. Gutting enforcement staff. Overruling staff. Reinterpreting policy. Ignoring evidence. Or resetting priorities. To name just a few.
Don’t Know What You Got Till It’s Gone
Many of us who grew up before the Clean Water Act (formerly known as Federal Water Pollution Control Act, passed in 1972) remember how bad things were. Like the Cuyahoga River fire in 1969.
The San Jacinto West Fork has already been named one of the most endangered rivers in America. But my biggest fears are not for the river. They’re for the health of the millions of people who depend on water from the river. For the people who will flood when the river becomes clogged with sediment. For the poor and elderly who can’t afford sky high bills to cover the cost of water treatment. And for the long-term health of the economic hub of the region, Houston.
Posted by Bob Rehak on 3/14/2020
928 Days after Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_9506.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-14 21:46:342020-03-14 21:47:53Clean Water Act, R.I.P.
Triple P.G. Sand Development LLC appears to have violated provisions of an injunction by dredging before its trail and flooding neighboring properties with industrial waste water.
In part, the injunction stipulated that the defendant shall:
Not conduct any dredging operations at the Facility.
Not engage in any operations at its Facility that discharge process wastewater, nor shall Defendant engage in any operations at the Facility that produce process wastewater that must be discharged off Defendant’s property without express prior approval from TCEQ.
Immediately and permanently cease and prevent all discharges of any Industrial Waste and/or Process Wastewater from the Facility into or adjacent to waters in the state.
Not allow any discharge of water that is in or has ever been in the Facility’s Dredge Ponds without the express prior approval of TCEQ.
Aerial Photos Show Potential Violations
The aerial photos below show that within eight days of agreeing to the injunction, the mine started pumping process wastewater OVER BERMS into a pit that then overflowed onto the property of adjoining landowners and lands adjacent to White Oak Creek.
Before showing you the photos, let me show you a satellite image that helps illustrate the relationship between the different elements of this report.
Overview of mine, area drainage and adjoining properties in Montgomery County. Note the location of the mine’s stockpile in the satellite photo above for orientation when viewing the photos below. Brownish creek to right of mine is Caney Creek. Blue line shows approximate path of White Oak Creek through forest. Red oval shows adjoining properties in area of interest. Solid red line shows ditch around perimeter of mine. Green lines show approximate locations of breaches in Attorney General’s lawsuit.
Water pumped out of the mine’s wastewater pond is now flooding neighboring properties within the red oval that he does not own. The mine also dug a ditch around the perimeter of its property (solid red line) through dense forest that channels the process wastewater toward White Oak Creek (solid blue line) and the wetlands along it. It’s not clear, though, whether the wastewater has actually entered the creek yet; the forest canopy limits visibility. Regardless, the injunction says they can’t discharge waste adjacent to waters of the state.
No Flooding That Lasted Months of Adjoining Properties Until Injunction
None of the historical satellite images in Google Earth dating back to 1989 show flooding in the red oval. Some of the properties in the red oval lie in the 100-year flood plain. However, there has been no widespread flooding in this area since Imelda on September 19, 2019.
Nor has there been prolonged flooding as far as I can determine. Photos taken of this exact location on 9/27/2019, ten days after Imelda, show no flooding of the adjacent properties. Likewise, the property was not flooded on 9/14/2017, two weeks after Harvey. I can find no evidence that this area has ever flooded for months before.
Looking south toward stockpile in background. Properties in the forested strip do not belong to Guniganti. On 9/27/2019, ten days after Imelda, they showed no flooding.
For months, I’ve been watching waste water build higher and higher in the area above until it overflowed the pit and invaded neighboring properties. That made me curious and prompted a review of thousands of aerial photos. Here’s what I found.
Photos Taken In November Before Injunction Show Neighboring Land Still Not Flooded
The neighboring properties were NOT flooded on November 4, 2019 (before the injunction). Notice the level of water in the foreground pit – higher than after Imelda, but still waaaay short of overflowing.
Think of the November 4th photo below as the “before” shot. Compare it with other photos below taken from December through March 2020.
Properties in the red oval are between the pit in the foreground and stockpile in background. Note level of water in pit.Photo taken November 4, 2019, looking south.The mine’s process waste water enters the pit immediately to the left of the trees.
After Injunction, Mine Starts PUMPING Waste Water OVER Dike
Eight days AFTER the injunction, on December 3, 2019, I flew over the mine again. I noticed that the mine was pumping water out of its main waste water pond and into the pit in the photo above. But the pit had not yet overflowed. Here’s how the pumping looked. (Note: You can even see the pumping from outer space if you zoom in on this area within Google Earth and look at the Dec. 1 satellite image.)
Close up of pump taken on 12/3/2019. The pumping operation can also be seen in Google Earth satellite photo dated 12/1/19.
On January 20, Pumping Continues From Different Location
I flew over the mine again on January 20, 2020; the pumping from and into the same pits continued – but from a different location.
Looking West. Notice the line running from the arc in the wastewater pond (diagonally from center to lower right).Looking south. The same line dumps water into the trench (bottom left). The trench then carries the water south (toward the top of the frame) to fill the pond next to the stockpile and flood adjoining properties with waste water.Looking SE. Here’s what it looked like closer up. Notice the waste water extending into the tree line and ending at the stockpile (upper right). The same pond that had plenty of excess capacity in September and November was now overflowing.Looking south. This wider shot shows the flooding wastewater curled around the stockpile and headed south into the woods where White Oak Creek flows toward the mine.Looking SE. Close up of the waste water turning the corner around the stockpile.
From where you lose visibility of the ditch under the forest canopy to White Oak Creek is about 80 yards according to Google Earth.
Floodwaters Even Higher on February 13
On my February 13, 2020, overflight, I captured the following images. They show the floodwater had risen even higher and backed up farther.
Looking SW. On February 13th, the flooding wastewater appeared even higher.Looking SE.It still curled down the ditch on the west (right) side of the mine and flowed into the woodstoward White Oak Creek
Water backed up so far, it even flowed into the utility corridor at the north end of the mine.
Looking East.Water in utility corridor at north end of mineon February 13, 2020
In March, Possible Dredging Observed, Still Flooding Neighboring Properties
In March, one of the first things I noticed was the dredge. The cutterhead, which had been elevated for months, was now DOWN. That usually indicates the dredge is working. And that’s something the injunction prohibited.
Dredge with its cutter head down usually means active dredging.
The pond next to the waste water pit overflowed onto neighboring properties even more. It came right up to the road. Note the huge difference between the levels of the two ponds below.
Note how high the water level is in the pond at the top of the frame compared to the waste pit at the bottom. Looking SW. Floodwaters stretch into adjoining properties. Stockpile is behind trees in upper left.Looking SE. Floodwater still fills the ditch running south along west side of stockpile.Looking NW at wastewater flooding adjoining properties.Stockpile is in lower left.Looking SE. Adjoining properties are in tree strip in front of stockpile. Notice waste water among the trees.Looking north from over stockpile toward vast areaflooded with waste water.Looking west. Even more of utility corridor is flooded in March.
Water In, Water Out
Miners use water to clean silt out of the sand before shipment. Note the damp sand coming off the conveyor belts.Looking south. A river of waste water is seen leaving the processing equipment on March 6, 2020.Looking NW. The silt-laden waste water even forms a delta in the waste pit. Flooded properties are on the other side of the road that cuts diagonally through the frame from middle left to upper right.
So water is leaving the processing equipment and going into the waste pit. It has to come in from somewhere. But where? As you can see from the photos below, the supply lines for the processing equipment come from the dredge pond.
Looking west. Water goes into the processing equipment from the dredge pond.Looking North. Wide shot showing dredge with cutterhead down and discharge pipe leading back to shore.
In the shot above, you can see that the lowest pond in the whole operation is the pond receiving ALL the waste water. Why is that?
The Big Questions and Some Possible Answers
So it appears that the mine is pumping water out of the dredge pit, into the waste pit, and finally into the surrounding forest. The big questions are these.
Why is the mine keeping the level of the water in the waste pit so low?
Why is the mine flooding the surrounding forest and neighboring properties with industrial waste water?
Is the waste water polluting White Oak Creek?
To hypothesize some answers to those questions, let’s look at two pictures: the first from February and the second from March.
Looking south. February 20, 2020. Miners have been removing sand from area with all the tracks in the center and the big pond at the lower left.
From this one photo, we can see that to avoid dredging (per the injunction), the miners have started surface mining. But the level of mining is getting down to a) the water table, and b) the level of the waste pit.
Looking NW. March 6, 2020. Three weeks later, mining is now BELOW level of water in the waste pit.
Note the differing levels of water in the forest (top) and waste pit (middle). Also note that the level of the surface mining has now gone far below the level of sediment in the waste pond.
From this photo (and others in the series) we can conjecture what happened. Please note: I have no proof of this. It is only conjecture.
Theory for the Discharge
I suspect that the mine realized that if it were to continue filling orders while it waited for trial on June 22, 2020, it would need to start surface mining AND mine below the level of water in the waste pit. So, I’m guessing they started lowering the level of the pond to keep mining as long as possible.
I’m also guessing that the terms of the injunction and heightened scrutiny by the TCEQ meant they could no longer make excuses about discharging water into the creek. So they discharged into the forest instead…most of which Guniganti owns except for that strip north of the stockpile. If the discharge drained into White Oak Creek deep in the forest, at least it wouldn’t be visible.
Is Discharge Reaching White Oak Creek?
Is the waste-water pollution reaching White Oak Creek? Because of the dense forest canopy, that’s impossible to determine from the air. One could only tell from the ground. And because Guniganti owns all the land around the mine (except for the properties in the red circle), the only way to determine that would be by trespassing. That makes it impossible for ordinary citizens to spot any illegal discharge, such as Tony Buzbee did when he was running for Mayor of Houston. Fortunately, the TCEQ has the right to inspect the property from the ground if it suspects a violation of the restraining order. And they are investigating this.
Summary of Potential Violations
This whole affair once again raises questions about whether sand mines should be permitted in floodways. This mine actually sits at the confluence of TWO. Which is part of the reason why it was sued by the attorney general in the first place. Both Caney and White Oak Creeks captured the pit last year and the TCEQ estimates millions of gallons of process waste water were discharged without a permit into the headwaters of Lake Houston.
Meanwhile, Triple PG appears to be discharging again without the benefit of storms to blame the behavior on. They also appear to be violating terms of their injunction by:
Dredging
Discharging process wastewater
Producing process wastewater that had to be discharged off their property.
Discharging water that had been in the Facility’s Dredge Ponds.
Discharging Industrial Waste and/or Process Wastewater adjacent to waters of the state (White Oak Creek)
I have contacted the TCEQ twice already about whether they permitted any of these activities. They have not responded yet, citing the ongoing investigation. However, I must believe that had they permitted the activities, they would not be investigating and would have replied immediately. They visited the site yesterday.
Posted by Bob Rehak on March 13, 2020
927 Days after Hurricane Harvey and 176 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_0052.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-13 20:13:412020-03-14 10:49:56Triple PG Mine Appears to Violate Injunction
The State of Texas, Harris County and the City of Houston are whittling down the mouth bar of the San Jacinto West Fork – teaspoon by teaspoon. Just kidding; it only feels that way.
At the planned rate, the partners will remove approximately one third to one half of the planned 400,000 cubic yards of sediment by the start of hurricane season. But after waiting two and a half years since Hurricane Harvey, any and all progress is welcome! I’m not complaining.
The Mouth Bar Immediately After Harvey
Harvey deposited massive amounts of sediment in the area where the San Jacinto meets Lake Houston.
The mouth bar two weeks after Hurricane Harvey. With the exception of the treed areas on the extreme right, Harvey deposited virtually all the sand you see here plus more that you can’t see underwater.
The mouth bar formed where it did because the river water slows down when it meets the lake. The lower velocity causes sediment to drop out of suspension and accumulate faster.
While the Corps used hydraulic dredging to remove 500,000 cubic yards from the mouth bar in three months, the current phase uses mechanical dredging. Partners hope to remove another 400,000 cubic yards in 12 months. The process resembles whittling in that workers remove small chunks at a time.
Big Machines Dwarfed by Size of Job
Mechanical dredging uses large excavators. They load the sediment on pontoons. Tugs then push the pontoons upriver to a placement area. There, skid loaders remove the sediment and put it in trucks. The trucks cart it inland.
The excavators are currently nibbling away at the southern edge of the bar. I took all photos below on 3/6/2020.
Excavators are nibbling row after row, like from an ear of corn. This shot shows the immensity of the task.They load one pontoon while another waits. The West Fork now has its own shuttle service.Unfortunately, round trip is still more than two hours.These double pontoons can carry an estimated 160 cubic yards. Project goal: 400,000 cubic yards. That’s about 2,500 round trips for the pontoons.Keeping the pontoon balanced requires coordination.Tugs then push the pontoons upstream.Dock of the placement area on Berry Madden’s property south of the West Fork, opposite River Grove Park boat dock on north shore.From there, trucks haul the sediment inland out of the floodway, about a mile from the river. And the cycle repeats itself.
Mechanical vs. Hydraulic Dredging
The whole process resembles a five-mile long conveyor belt. It involves excavators, pontoons, tugs, trucks and more. Both mechanical and hydraulic dredging have advantages and disadvantages. Hydraulic dredging takes more time to mobilize, but re-suspends less sediment, and costs less per cubic yard of sediment removed. Mechanical dredging, on the other hand, can mobilize much faster.
At this point, returning to hydraulic dredging feels like a distant dream. No one is commenting on the possibility. But this picture speaks volumes.
Former Army Corps command post for West Fork Emergency Dredging project
It shows the once-bustling, but now-empty Army Corps command post. Just three months ago, it was filled with dredge pipe, spare parts, construction trailers, pontoons, booster pumps, survey boats, and more. Getting all that equipment back will be difficult.
Posted by Bob Rehak on 3/12/2020
926 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_9728.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-12 15:32:312020-03-12 15:34:58Whittling Down the San Jacinto West Fork Mouth Bar
To clear a path for the greenway, the Houston Parks Board has acquired a property along Northshore Drive. It’s west of Sweet Bay Street and south of Hamblen Road (see map below).
Starting March 19, Houston Parks Board will begin demolishing structures on this property.
Schedule
The contractor will be Cherry Demolition. Their trucks will use Hamblen Road and Northshore Drive.
The job will start Thursday, March 19. It will run through Thursday, March 26, from 7 a.m. to 5 p.m.
If you see heavy equipment in the area, that’s what it is about.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/Property-Demolition-Map-for-San-Jacinto-Greenway-Project.jpg?fit=1700%2C2200&ssl=122001700adminadmin2020-03-12 13:28:342020-03-12 13:28:43Houston Parks Board Makes Progress on Greenbelt Project South of Hamblen
Five pipelines carrying highly volatile liquids (HVL) through the utility corridor that crosses the LMI River Road sand mine in Conroe have been buried again. Repairs have almost finished. Last Friday, crews were removing construction equipment and cleaning up. This significantly reduces risk to the public from a pipeline leak, rupture or explosion.
Erosion Triggered by Mining Too Close to Utility Corridor
Major repairs started in January. Contractors started stockpiling culvert, riprap, sand and other construction materials onsite.
Start of repairs. Photo taken January 20, 2020.
Construction Half Done in Mid-February
Construction was well underway a month later in February.
February 13, 2020
Cleanup Begins Early March
Last Friday, it was all over but the cleanup. Of course, cleanup in a sandmen is a relative term.
Looking north at utility corridor and pipeline repairs from over the mine’s main pit.This photo and those below taken on March 6, 2020.Looking south toward main pit and river. Water flows from behind the camera position into these inlet pipes.Note the concrete overflow spillway to reduce future erosion.A ditch not channels water to the new culverts. It also intercepts water flowing south toward the river (upper left). Where the ditch turns toward the culvert, it appears to be 10 to 15 feet deep. Reverse shot. Looking NE. Unfortunately, mining and erosion seem to have drained the wetlands.
Clogged Culvert a Future Risk
A big issue in the future may be sediment clogging the culverts.
Looking at all the sediment spewing from the culverts, one has to worry a bit about those culverts becoming clogged with sand and silt. No shortage of that around here!
Sadly, the wetlands lost since this episode started might have prevented some of that erosion.
Thanks to everyone who wrote regulatory agencies and complained about this situation. It helped produce a quick, happy resolution. Let’s chalk one up in the win column.
Posted by Bob Rehak on 3/11/2020
925 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_8928.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-11 20:03:212020-03-11 20:37:57Five Exposed HVL Pipelines Go Undercover; More Wetlands Drained
Today, the U.S. Army Corps of Engineers released the findings of its investigation into the wetlands on Perry Homes’ Woodridge Village property. The Corps said that the wetlands do NOT fall under its jurisdiction. Therefore, there was no violation of Section 404 of the Clean Water Act when Perry wiped out wetlands without first seeking the Corps’ permission.
Congressman Dan Crenshaw’s office released this text of an email the Corps sent to them today.
Text of Corps Email to Congressman Crenshaw
“This e-mail is in response to your request (on the behalf of Congressman Crenshaw) to be updated on our investigation into activities on the Figure Four properties located in Porter, Montgomery County, Texas. (Investigation file SWG-2019-00745).” [Editor’s note: Figure Four is the development arm of Perry Homes.]
“As discussed on the phone earlier today, the Corps of Engineers has finalized our investigation into this matter and did NOT find a violation of Section 404 of the Clean Water Act (Section 404).”
“We did confirm the presence of uplands and wetlands on the tract. Some of the wetlands had fill material placed into them. Based on the facts associated with this specific location and per federal regulation these wetlands were determined to “isolated.” They lacked any known nexus to interstate commerce. As such, they are not “waters of the United States” and are not subject to federal jurisdiction under Section 404. In accordance with federal regulation the jurisdictional status (determination) of these wetlands was coordinated with the Environmental Protection Agency prior to finalizing.”
“The property owner has been notified of the federal government’s findings and the investigation closed.”
Wetlands Question Now Moot from Legal Point of View
Normally, in cases where a question exists, developers consult the Corps before destroying the wetlands. When I asked the Corps last August whether Perry had sought a “jurisdictional determination,” the Corps answered that Perry had not.
Perry later claimed that it had hired a private consultant to determine whether the wetlands were jurisdictional. However, to my knowledge, Perry never publicly released the results of the survey. Today’s ruling by the Corps makes that whole controversy moot.
Regardless of the Corps’ rulings on the jurisdictional question, the fact remains that the Corps found wetlands on the property and they found Perry Homes had attempted to fill them in.
Wetlands Question Still Explosive from Business Point of View
Let’s see how well that worked out for Perry and its subsidiaries.
The land has become a toxic asset that will scare potential buyers.
If Perry Homes tries to build on the land after all the publicity surrounding this case, any homeowner whose foundation cracks would have a ready-made court case.
Woodridge Village “wetlands” on March 6, 2020. Water has ponded there for months.
This land appears to be unsafe, unstable, unbuildable, unsaleable, and a menace to downstream homeowners in its current state.
Plaintiff’s Engineer Points to High Hurdles for Perry to Clear
Seriously underestimated the amount of runoff from this property.
Used outdated rainfall statistics that led to underestimating the amount of detention capacity needed.
Constructed the overflow spillway between Taylor Gulley and detention pond S2 at a height that would cause North Kingwood Forest to flood.
When You’re In a Hole, Stop Digging. Literally.
It may be possible to fix some of these problems. But at what cost? Will the development ultimately be economic when residential lots are used to increase the size of detention ponds?
How Perry Could Exit Without a Loss, Mitigate Flooding, Limit Long-Term Liability
A Houston Chronicle article quotes Houston Mayor Pro Tem Dave Martin as saying that Perry quoted a price for the land that covered their acquisition cost PLUS the labor they have into it. That led Harris County to ask CoH to share the cost.
When CoH refused, Perry dropped the price to $14 million (the alleged purchase price) from $23 million, according to Community Impact newspaper. The Montgomery County Appraisal District values the land at only a little more than $1 million.
It will be very hard for Perry to sell the land and even harder to develop it. So why doesn’t Perry just donate the land to Harris County Flood Control to help them mitigate flooding?
According to a national real estate tax expert that I talked to, Perry could then write off the value of the land PLUS the value of the labor they have in it. For a billion dollar company, the tax deduction could easily EQUAL or come close to the price they are currently asking for the land.
It would also:
Give Perry a chance to recoup some shred of its once proud image.
Let Harris County Flood Control move forward quickly with a detention project that could truly mitigate flooding.
Help protect Perry from additional future flooding claims.
Posted by Bob Rehak on 5/10/2020
924 Days since Hurricane Harvey and 173 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_0101.jpg?fit=1200%2C592&ssl=15921200adminadmin2020-03-10 17:59:432020-03-11 06:45:57Army Corps Finds Wetlands on Perry Homes Woodridge Village Property Did Not Fall Under Corps’ Jurisdiction; What Next?
A flyover of the lower portion of Ben’s Branch on March 6, 2020, revealed that Harris County Flood Control has nearly restored its conveyance, even if some sediment still needs to be hauled off.
With most of lower Ben’s Branch cleaned out, the Kingwood Library (left), Kingwood Greens (right), and The Enclave (background) can now breathe much easier.
Among Hardest Hit Areas During Harvey
During Hurricane Harvey, some of the hardest hit areas in Kingwood bordered Ben’s Branch. Ben’s Branch cuts diagonally through Kingwood from St. Martha Catholic Church on the north to Town Center, Kingwood Greens, The Enclave, Kingwood Village Estates and Kings Harbor on the south. Post-Harvey surveys showed significant sediment buildup along the creek which reduced conveyance.
The project scoped by HCFCD is to remove approximately 80,000 cubic yards of sediment between the red line at Kingwood Drive and the YMCA at the bottom right of the circle.
Flood Control estimated they would need to remove 75,000 to 80,000 cubic yards to restore the conveyance. Despite a setback called Tropical Storm Imelda, the project has been moving along nicely.
Looking west from the West Lake Houston Parkway Bridge at Ben’s Branch before the project started.To get a sense of scale, that’s a HCFCD surveyor in the yellow jacket!The same area today (looking west from a helicopter over the WLHP Bridge (lower left).
Here’s how the rest of the project looks.
East of the WLHP Bridge (foreground), some sediment is still drying along the banks before removal.However, the channel is openagain for business.The long stretch behind the Kingwood Town Center Apartments has been restored.The stretch just south of Kingwood Drive by ReMax still needs clean-out and touch up.The area just east of the YMCA is still being actively excavated.Same area, still being actively excavated near YMCA.
Merchants and residents alike should breathe much easier during the upcoming hurricane season.
Posted by Bob Rehak on 3/10/2020
924 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_9648.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-10 08:06:022020-03-10 12:36:35Conveyance of Lower Ben’s Branch Nearly Restored
Greek food lovers in Kingwood received a small, but welcome sign of recovery this week – the community’s first Greek restaurant. It’s called Taste of Greek. And it opened in the shopping center next to the CVS pharmacy on the southeast corner of West Lake Houston Parkway and Kingwood Drive.
While the decor is modest, the taste is big.
Taste of Greek Grand Opening
Taste of Greek operated out of a food truck on North Park Drive for several years. I loved their food. But honestly, it was difficult to enjoy when the temperature climbed over a hundred in the shade.
I’ve been hooked on Greek food since going to college in Chicago. There’s a huge Greek community there. And I used to make regular pilgrimages down to Halsted Street for some of the best Greek food this side of the Atlantic. While Greek is not impossible to find in Houston, it takes some driving.
Family-Run and FRESH!
Now here’s the thing if you’re a gyros and baklava kind of person.
Taste of Greek beats every other Greek restaurant in Houston hands down. And it’s on a par with some of the best Greek food in Chicago.
The menu is not very lengthy and you find tablecloths, but OMG, is the food fresh! The pastries are better than “to die for.” They’re “to live for.”
Taste of Greek is a small family-run restaurant. The parents work the kitchen while the daughters serve and work the counter. They opened this weekend. My wife and I have eaten there TWICE so far. It’s that good.
An added bonus: seeing the pride in the eyes of a family that just graduated from operating a food truck to being the proprietors of a sit down restaurant.
Stop by and give them a try. If you like Greek food at all, I highly recommend it. Taste of Greek is guaranteed to take your mind off flood control.
Posted by Bob Rehak on March 9, 2020
723 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/Taste-of-Greek.jpg?fit=1299%2C1782&ssl=117821299adminadmin2020-03-09 19:22:202020-03-09 20:14:33Small, But Welcome Sign of Recovery: Taste of Greek
