The Biggest Stories of 2019

With 2019 almost behind us, we should look back to see what we accomplished on flood mitigation. Tomorrow, I’ll take a look at the stories that will likely define 2020.

Limited Dredging

In 2018, FEMA and the Army Corps announced that they would dredge 2.1 miles of the San Jacinto West Fork when they were given authority to dredge 8 miles. Questions immediately started to swirl about why they were not dredging all the way to Lake Houston. The answer was “part of the mouth bar was there before Harvey and we can only spend disaster relief funds on what Harvey deposited.”

The mouth bar as it existed shortly after Hurricane Harvey. Photo taken 9/14/2017.

After arguing for more than a year with the City about how much sediment FEMA deposited, the Corps finally decided to dredge 500,000 cubic yards from a 600 acre acre in front of the mouth bar. They finished on or about Labor Day. Then the dredging contractors waited several more weeks to see if there would be an additional assignment. There was not. They then departed in October.

Regardless, they left the biggest blockage in the river. Imelda washed a tremendous amount of sediment downriver. In mid-October, RD Kissling sent me a photo from his kayak. He as standing in water less than knee deep 700 yards south of the mouth bar. It’s important to understand that sand bars are like ice bergs. You only see the tip above water. Most of the bar exists below water. And much of this mouth bar remains to be removed.

We need to cut a channel through this area to the lake to restore conveyance of the river. If Harvey couldn’t blow this dune out of there, nothing will.

To learn more about this controversy, search this site using the key words “mouth bar.”

Flood Mitigation Legislation: A Big Win

No one budgets for disasters, such as Hurricane Harvey. So after the disaster, cities and counties had to scramble for grant money to even qualify for matching funds from the Federal government. More than two and a half years after the event, money is finally starting to trickle down to the areas that need it to implement flood mitigation projects. That’s thanks in large part to Senator Brandon Creighton who authored Senate Bill 7.

SB7 creates dedicated Texas Infrastructure and Texas Infrastructure Resiliency Funds for flood control planning and the funding of flood planning, mitigation, and infrastructure projects. The Texas Water Development Board is finalizing rules for the distribution of those funds right now. SB500, a supplemental appropriations bill, includes funding for SB7 and an amendment that would dedicate $30 million for dredging at the confluence of the San Jacinto and Lake Houston. State Representative Dan Huberty authored the amendment to SB500 that provides the $30 million.

For more information about legislation affecting this area, see the Legislation page of this web site or search using the key words “SB7” or “SB500.”

Sand Mining Legislation: One Small Gain, Some Big Losses

Activists statewide pushed for legislation to reign in the excesses of an out-of-control aggregate industry. Here in the Houston area, State Representative Dan Huberty introduced HB 907. It passed and doubles the penalties for not registering a sand mining operation. It also increases the frequency of inspection from every three years to two years and established a registry of active sand mines.

Picture of the West Fork of the San Jacinto the day it turned white (11/4/2019). The TCEQ later issued a notice of enforcement to the Liberty Materials mine upstream for dumping 56 million gallons of white goopy pollution into the West Fork. Water samples indicated 25 times the normal amount of suspended solids.

That was the only bill that the high powered lobbyists of TACA (the Texas Aggregate and Concrete Association) would allow to pass. That’s mostly because their members are already registered.

However, other important bills died in committee due to the lobbying power of TACA.

  • HB 908 would have provided for penalties up to $50,000 for water code violations and every-other-year inspections.
  • HB 909 would have created best management practices for sand mines.
  • HB 1671 would have extended water quality protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos and attached penalties for non-compliance with best practices defined under HB909.
  • HB 2871. Would require sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation.

For more information about sand mining in the Lake Houston area, see the Sand Mining page of this web site. You can also search on the key words “sand mining, TACA, Triple PG, TCEQ, breach, Liberty, and white water.”

High Rises Near the Floodway of the West Fork

Early in the year, two investors from Mexico announced plans to build a series of high rises surrounded by more than 5000 condos in the floodplains and wetlands near River Grove Park. Their company, Romerica, proposed to build the high rises on land that was deed restricted to single family residential development. They even proposed underground parking!

Artist’s conceptual drawing of a high-rise development called The Herons: Kingwood.

The tallest buildings would have been 500 feet and located on the edge of the current floodway. That floodway will almost certainly expand in light of new Atlas-14 rainfall data. The developers also announced a marina that would have held 640 40-foot boats and 200 jet skis. There were no evacuation routes that would have remained above water in the event of a flood.

A massive public outcry arose. More than 700 people and organizations filed letters of protest with the Army Corps, TCEQ and the US Fish and Wildlife Service. In the end, regulators showed good judgment and common sense. The Corps withdrew Romerica’s permit application.

The developer’s web site now says the project is on hold, pending improvements to the West Fork and Lake Houston.

For more information on this development, see the High Rises page of this web site or search for the key words “Romerica, high rises, eagle, or The Herons.”

The $2.5 Billion Flood Bond Equity Flap

When the wording for Harris County’s historic $2.5 billion flood bond offering was worked out in early 2018, leaders from the Humble/Kingwood area in Precinct 4 argued to include the notion of an equitable distribution of funds. Why? Historically the Flood Control District had focused more on projects in other parts of the county, especially Precinct 1, that Precinct 4.

Humble/Kingwood voters turned out in record numbers to support the bond. It passed. But when it came time to implement the projects, Commissioner Rodney Ellis from Precinct 1 tried to redefine equity to mean reparations for historical discrimination, i.e., slavery.

In one meeting after another, Ellis’ ringers showed up in commissioners court to complain about discrimination in the distribution of funds for buyouts, construction spending, and more. Yet in every category, Ellis’ precinct already had the lion’s share of funding.

This is an on-going controversy that affects everyone in the Lake Houston area. Ellis is looting transportation dollars from Precinct 4. You have to hand it to Ellis. Even if he doesn’t know what equity means, he knows how to work the system.

For more information on this topic, search this site using the key words “equity or Ellis.”

Proposition A

In 2010, voters managed to get a referendum on the ballot that would create a dedicated fund for drainage improvements. It passed by a narrow margin. Almost immediately, city officials started using the money it raised for other purposes.

Meanwhile, the Supreme Court of Texas ruled that the language in the summary of the referendum on the ballot was misleading. It failed to disclose that the money would be raised through a new tax. So the Court ordered a revote.

In 2018, the Mayor “resold” the fee by saying, “If you want a lockbox around the money, vote FOR Proposition A. If you don’t want a lockbox around the money, vote AGAINST it.”

It was another artful dodge. There was nothing in the language of the bill to create a lockbox. The language in Prop A was almost identical to the original bill. But the funding formula was even looser!

Unaware voters once again approved the fee. And the Mayor continued to divert money from the fund. These diversions became a central element in the Mayoral campaign this year after thousands of people flooded in May and again during Imelda.

Nevertheless, the Mayor won re-election.

To learn more about this topic, search this site using the key word “Proposition A.”

10 New Gates for Lake Houston

The flood gates on Lake Conroe can release water 15 times faster than the gates on Lake Houston. During Harvey, that bottleneck contributed to the flooding of thousands of homes. A study showed that additional gates would have lowered the water level by almost two feet in the event of another Harvey. During smaller storms, the gates would also help pre-release water faster to create a buffer against possible flooding.

Lake Houston can shed water at 10,000 cubic feet per second. Lake Conroe can shed it at 150,000 cubic feet per second.

The City of Houston applied for a grant from FEMA and the Texas Division of Emergency Management to add ten new gates. FEMA approved the project. It’s happening in two phases. The first includes design and an environmental survey. The second includes construction. Each will take 18 months. We’re now six months into Phase One.

Details of dam improvement project.

For more information on this topic, search this site using the key word “gates.”

Temporary Seasonal Lowering of Lake Conroe

After Harvey, people in the Lake Houston area started pleading for more upstream detention, dredging and gates. Dredging started immediately. The project to add more gates to the Lake Houston spillway has also started. Upstream detention is still years way. The San Jacinto Watershed Study is only now beginning to identify possible locations.

To help provide Lake Houston area residents with an additional buffer against flooding while officials worked on these mitigation measures, the SJRA Board voted to lower the level of Lake Conroe seasonally and temporarily. One foot during the rainiest months in Spring and two feet during the peak of hurricane season.

Many lakefront property owners on Lake Conroe, however, claim the lowering hurts their property values and damages their bulkheads. Buses full of protesters showed up at the December SJRA Board meeting wearing red shirts that say, “Stop the Drop.” So many came that two busloads full of people had to be turned away.

Angry Lake Conroe residents showed up at the last SJRA board meeting in busloads.

Net: the policy to lower Lake Conroe temporarily is under assault. The SJRA will likely vote on whether to continue the policy in February. The SJRA will hold two additional meetings at the Lonestar Convention and Conference Center in January and February to give everyone who wants to provide input a chance to do so.

For more information on this topic, search this site using the key words “lake lowering.”

Flooding from Upstream Development

By far, the biggest and saddest story of the year had to be the flooding of Elm Grove Village, North Kingwood Forest, and even many homes in Porter. Not once, but twice this year. In each instance, runoff from Perry Homes’ newly clearcut 268-acre Woodridge Village development spilled over into surrounding streets and homes. Perry Homes filled in natural streams and wetlands without an Army Corps permit. And they still have not even installed 25% of the detention capacity required for an area that large.

The evacuation of Elm Grove after Perry Homes clearcut 268 adjoining acres.

They haven’t even finished the detention ponds they started, in direct violation of a promise to the City of Houston. In fact, Perry Homes has shown no interest in resolving the problems it created. They have scarcely done any work on this site since August. Meanwhile hundreds of residents live under the heightened threat of flooding.

This is another issue that will carry over into 2020.

For more information on this topic, search this site using the keywords “Perry Homes, Woodridge Village, Figure Four Development, PSWA, Elm Grove, Spurlock, cease and desist, detention, what went wrong, North Kingwood Forest, or drainage criteria.”

There’s your digest of the biggest stories of 2019. 2020 to follow.

Posted by Bob Rehak on December 19, 2019

842 Days after Hurricane Harvey and 92 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.

The Who, What, When, Where, Why, and How of Natural Disasters

Security firm ADT analyzed 65 years of FEMA data to produce a detailed report about the frequency and effects of various types of natural disasters by state and county.

Natural Disasters: Examining the Impact from 1953 to 2018

Who is affected? By what type of threat? When? Where? Why? And above all, how? How much did the disasters cost? In dollars? In lives? In property damage? This is an illuminating work of scholarship and well worth the ten minutes it takes to read. When you’re done, you’ll be able to amaze family and friends around the Christmas dinner table. For example, which state leads the nation in disaster declarations for …

  • … each 1000 square miles? New Jersey
  • … wildfires, droughts and hurricanes? Texas
  • … freezing? Florida
  • … flooding? Iowa
  • … tornadoes? Georgia

Timing, Type, Location and Impact of Natural Disasters

Which year had the highest number of fatalities? 2005 with Hurricanes Katrina, Dennis and Wilma, California wildfires, etc.

Which year had the highest damage costs in dollars? 2017 with $312.7 billion

Fatalities and Damage Costs by Year from 2003 to 2017. Source: ADT

What type of natural disaster is most likely to damage the nation’s economy? Tropical storms. One-third of the gross domestic product is produced in states along the Gulf and Atlantic coastlines, which are especially vulnerable to hurricane damage.

What’s the most likely type of natural disaster in Texas? Hurricanes.

Top types of natural disaster declarations by state. Source: ADT.

What’s the most likely type of natural disaster in California? Flooding. (But wildfires also rank high).

Who has the most severe storm declarations? Missouri with more than 1200 during the study period.

You’ll be pleased to know that NO county in Texas made the top 20 counties in the nation for FEMA natural disaster declarations. Who was the highest? Balmy Los Angeles County.

Some Results Counterintuitive

Some of these results are obvious and some counterintuitive. The counterintuitive ones (freezing in Florida?) have to do with the lack of disaster preparedness. Other states expect freezing weather and prepare for it.

All in all, ADT produced a fascinating study of natural disasters illustrated with revealing graphics. There’s more. Much more. I have just scratched the surface in this review. It’s well worth the time to read the entire report. Check it out.

Posted by Bob Rehak on 12/19/2019 with help from Jacque Havelka

842 Days since Hurricane Harvey an 91 since Imelda

SJRA Board Will Hold Two Special Meetings to Discuss Seasonal Lowering of Lake Conroe

So many people wanted to discuss the temporary lowering of Lake Conroe at the SJRA’s December board meeting last week that the Fire Marshall had to turn busloads of people away.

Two and a half busloads of additional “Stop the Drop” protesters from Lake Conroe had to be turned away from the SJRA’s December Board Meeting because of capacity issues related to fire safety. Photo courtesy of David Feille.

Special Meetings Called to Handle High Volume of Public Input

Due to the overwhelming response, the San Jacinto River Authority’s (SJRA) Board of Directors will hold TWO SPECIAL meetings.

  • January 21, 2020, at 6:00 P.M.
  • February 20, 2020, at 6:00 P.M.

Both will be held at the Lone Star Convention and Expo Center. It has the capacity to accommodate everyone who wants to speak. The center is located at 9055 Airport Road, Conroe, Texas 77303.

The purpose: to hear public comment on the temporary flood mitigation strategy of lowering Lake Conroe on a seasonal basis.

The lowering of Lake Conroe one foot in the spring and two feet in the fall is intended to provide flood mitigation benefits for downstream residents by increasing capacity to catch rainfall and runoff in the lake. The SJRA Board reviews the strategy annually. Both the SJRA and the City of Houston own water rights in Lake Conroe. For full details of the strategy, including timing, click here.

The SJRA Board of Directors will receive a presentation from staff at the January 21st special meeting and listen to public comment.

The board will conduct no other business at these meeting and will not consider the lake lowering strategy at either of its regular board meetings in January or February. Any vote on the strategy will take place at the February 20th special meeting.

Special Meeting Dates, Time, Location

  • Tuesday January 21, 2020
  • 6 P.M.
  • Lone Star Convention and Expo Center
  • 9055 Airport Road, Conroe, Texas 77303
  • Thursday, February 20, 2020
  • 6 P.M.
  • Lone Star Convention and Expo Center
  • 9055 Airport Road, Conroe, Texas 77303

The SJRA Board of Directors says it welcomes all input regarding its seasonal lake lowering strategy.  

To contact the Board:

Posted by Bob Rehak on 12/18/2019 with a photo courtesy of David Feille

841 Days since Hurricane Harvey and 90 since Imelda

Kingwood Residents Go One on One with Flood Experts; Huffman Up Next

Yesterday’s open house at the Kingwood Community Center seemed to be a hit. The SJRA, City of Houston, Harris County Flood Control and Montgomery County – all partners conducting the San Jacinto watershed study – had the subject-matter experts actually conducting the study there. The open house format gave residents a chance to interact with them one on one, tell their flood stories, and discuss possible mitigation scenarios.

Difference Between Listening and Learning

As one resident said, “I got more from 45 minutes here than a dozen town hall meetings.” I appreciate the town hall meetings, but he was right.

Quality one-on-one interaction made the difference between listening and learning.

I suspect the professionals there felt the same way. They came seeking input and they got it.

It felt like a collaboration, not a presentation.

For example, I got to quiz Adam Eaton, one of the engineers working to add more gates to the Lake Houston Dam. Finding hard information about this project has been difficult. But Mr. Eaton provided it. See budget, timeline and project milestones below.

Budget, timeline and project milestones for Lake Houston Dam Spillway Improvement Project.

Engineers hope to finish design and receive environmental approval by mid-2020. From there, TDEM and FEMA will review the plans and then hopefully release funds for construction. I asked Mr. Eaton whether there was a chance construction could NOT be approved. Answer: It’s possible, but very unlikely.

Details in Big Picture Context

I also talked at length with Matt Zeve, deputy executive director of Harris County Flood Control. Zeve, who has studied channel hydrology all his life, helped me understand why upstream communities don’t automatically benefit from projects that decrease downstream flood levels. He also helped me understand big picture issues, some of which weren’t even on my radar yet. For instance, how the extension of Highway 99 could affect flooding in Liberty County and on the East Fork twenty years from now.

David Parkhill, an author of the Brown & Root report published in 2000 was there, too. They called it a Regional Flood Protection Study back then. But it had the same objectives as the SJR Master Drainage Plan: to identify flood mitigation projects that will make a difference. Mr. Parkhill helped put the current effort in historical context. He was both fascinating and helpful!

Huffman Meeting on Thursday, 3-7:30 at May Community Center

If you missed the Kingwood meeting on Tuesday, I urge you to attend the Huffman meeting tomorrow. It will have all the same information and experts that the Kingwood meeting had. And it will be your last chance to visit an open house in this area until the next round of public comments next Spring.

The quality of input you give in this process will determine the quality of output you get.

  • Thursday, December 19, 2019
  • 3:00 p.m. to 7:30 p.m.
  • May Community Center
  • 2100 Wolf Road
  • Huffman, Texas 77336

The open house will include information about the following projects, studies, and efforts:

  • San Jacinto Regional Watershed Master Drainage Plan
  • Kingwood Area Drainage Analysis
  • Huffman Area Drainage Analysis
  • Spring Creek Watershed Planning Study
  • Luce Bayou Watershed Planning Study
  • Willow Creek Watershed Planning Study
  • Jackson Bayou Watershed Planning Study
  • Cedar Bayou Tributary Analysis
  • SJRA-led Projects 
  • City of Houston-led Projects
  • Harris County Permit Office
  • Harris County Engineering Department – Recovery and Resiliency Division
  • Hurricane Harvey Repair Efforts
  • Information about services provided by Harris County Flood Control District, Harris County and Montgomery County

The open house will last from 3:00 p.m. to 7:30 p.m. The format lets attendees arrive and participate at their convenience. No formal presentation will be made. 

Provide Input on Master Drainage Plan

You can comment on the plans at the meeting in Huffman and throughout the duration of the study. 

If you can’t attend in person, mail comments to:

  • Harris County Flood Control District
  • 9900 Northwest Freeway
  • Houston, Texas 77092
  • Attn: San Jacinto Regional Watershed Master Drainage Plan

Alternatively, you may submit comments online.

For more information about the San Jacinto Regional Watershed Master Drainage Plan, visit www.sanjacstudy.org.

Posted by Bob Rehak on 12/18/2019

841 Days since Hurricane Harvey and 90 since Imelda

Luce Bayou Interbasin Transfer Project Construction Photos

Most people have heard about the Coastal Water Authority’s Luce Bayou Interbasin Transfer Project. But few have seen it. Its size makes it impossible to see from the ground. It stretches from the Trinity River to the northeast corner of Lake Houston, where Luce Bayou enters the East Fork. The purpose of the project: to provide additional surface water supplies to end users that utilize water from Lake Houston, especially the new Northeast Water Purification Plant.

Surface Water Capacity to Manage Growth and Fight Subsidence

Studies have shown that Lake Houston and the new plant cannot meet future demand at their current capacity. Transfer of additional raw water supplies to Lake Houston will support future expansion of treatment capacity at the northeast plant and the mandatory conversion from groundwater to surface water to help reduce subsidence.

The City will eventually transport 500 million gallons per day from the Trinity river to Lake Houston through the pipelines and canals you see below.

Connecting Trinity and San Jacinto Watersheds

The Luce Bayou Interbasin Transfer project includes the Capers Ridge Pump Station (CRPS) located on the Trinity River in Liberty County, 3 miles of Dual 96-inch Diameter Pipelines, and 23.5 miles of earthen Canal System.  The pipeline will extend west southwest approximately 3 miles along a geological ridge (Capers Ridge). The pipeline will then outfall into the sedimentation basin at the start of the canal. The canal will outfall into the lower reaches of Luce Bayou, which flows into the northeastern corner of Lake Houston.

Originally, engineers considered using a large part of Luce Bayou itself to transport the water and minimize construction costs. However, environmental concerns nixed that idea. Today, they use only the last few hundred yards of Luce Bayou. But the name stuck.

Construction Photos Taken December 3, 2019

The pictures below start at Lake Houston and go about half way to the Trinity River.

The last part of the canal outfalls into Luce Bayou and then Lake Houston in the background. Looking southwest.
A semicircle slows the water as it comes out of the canal. Note how sediment is already building up.
Looking west toward FM2100. Note the drainage swales on either side of the canal.
These “teeth” in the concrete outfall structure break up the water to reduce its erosive power.
From the Trinity to Lake Houston, the entire system is gravity driven. The water is pumped up at the Trinity and then flows downhill all the way to lake Houston. The slope is incredibly precise and minute: only .015%.
The route contains 22 inverted siphons below drainage features, roads, pipelines and 11 bridges.
These are not the smallest pipes, but they’re still big enough to swallow pickups. Even larger pipelines near the Trinity contain welded-steel piping with cement mortar lining and polyurethane coating.
Once past Huffman, the canals wind through farmland.
The color of the water is partly a reflection of the sky and partly due to the fact that it has gone through a sedimentation basin to remove sediment before reaching this point.
In several places, existing streams go OVER the IBTP.
The further east you go, the more finished the canals appear.
Another natural stream goes over the canal. The earth blocking the canal on either side of these inverted siphons will be removed before the system goes into service.
Three million cubic yards of soil were removed to create these canals. That’s enough to fill up the Astrodome almost twice.

For More Information About Luce Bayou Interbasin Transfer Project

To see a list of specs and fuller discussion of the project, click here.

To see a technical discussion of inverted siphons, click here.

For a less technical discussion, click here. They’re not all THAT complicated. Hint: you have several inverted siphons in your home, usually under sinks.

Posted by Bob Rehak on 12/17/2019

840 Days since Hurricane Harvey

Perry Homes’ Brand Just Lost Another Generation

Perry Homes once had a stellar brand image. At least according to Perry Homes. Now that image is lower than whale poop on the bottom of the ocean. Perry Homes managed not only to alienate adult homebuyers, they’ve alienated the next generation, too. Ignoring regulations. Contributing to flooding hundreds of homes – twice. Denying all responsibility. Suing victims. Ignoring commitments. Dragging feet on mitigation. Exposing twice-flooded residents to even more risk! This could go down in the annals of business history as the perfect way to kill a brand.

Two Generations Down the Drain

The worst fate most brands suffer is indifference. But Perry Homes has managed to create a generation of child activists out to expose the indifference of the brand’s managers to flood victims.

Isabelle Fleenor, a student at Kingwood Middle School, created and stars in this YouTube video about how Perry Homes ruined Christmas for so many Elm Grove and North Kingwood Forest residents. It’s called a “Very Un Merry Perry Christmas.”

According to Isabelle’s mother, Isabelle conceived the video, starred in it, edited it, created all the graphics and also made “Dam It Perry Homes” signs and T-shirts. They express the community’s anger and point to a constructive solution. She then took the money she raised from T-shirt and sign sales, and donated it to the Elm Grove fall festival for kids so that they might enjoy Halloween.

When I first saw this video, I said to myself, “This young lady has a future in film, television, or on the stage.” What a presenter! She has energy. She’s articulate. And she has heart! You see, Isabelle and her family did not flood. She did all this work for her neighbors who did flood.

Dam It Perry Homes T Shirt by Isabelle Fleenor from her video.
Screen capture from Isabelle Fleenor’s video.

Merry Christmas, Perry Homes, from the Younger Generation

I highly recommended you take two minutes to watch this video. Especially if your name is Kathy Perry Britton. This is the future of your brand, Ms. Britton. Merry Christmas!

Posted by Bob Rehak on 12/16/2019 based on a video by Isabelle Fleenor

839 Days since Hurricane Harvey and 88 since Imelda

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

Why You Never Want to Buy a Home Built Over Wetlands

The pictures below show why you should never, ever buy a home built over wetlands.

Standing water after one month with only an inch of rain. Perry Homes’ Woodridge Village in Montgomery County, Texas.

Standing Water One Inch of Rain A Month Before

I took these shots while circling Perry Homes’ Woodridge Village construction site in Montgomery County, Texas, on 12/3/2019. At that point, the nearest USGS rain gage (at US59 and the San Jacinto West Fork) indicated we had only had one inch of rain in the previous month. The most recent rain at the time was a quarter inch three weeks prior!

That’s far below the normal 4.3 inches of rainfall for November in Houston. So it was less than one quarter of the normal rainfall. Still, the land held standing water in numerous places, despite having been cleared and graded for months.

Soupy soil on the northeast portion of Perry Homes Woodridge Village.

Standing water should have soaked in long before I took these shots. But when you build a development on wetlands, that’s not always true.

This article by the National Wildlife Federation details the problems of building homes over wetlands: shifting slabs, damp basements, cracked driveways, mold, erosion, clogged storm drains, downstream flooding and more.

These pictures vividly illustrate how unstable wetlands soil can be.

Looking west over the northern portion of Perry Homes’ Woodridge Village
Southwestern portion of Perry Homes’ Woodridge Village fronting Woodland Hills Drive.

They remind me of the famous saying the Bible.

Matthew 7:24-27: Build Your House on the Rock

24 “Everyone then who hears these words of mine and does them will be like a wise man who built his house on the rock. 25 And the rain fell, and the floods came, and the winds blew and beat on that house, but it did not fall, because it had been founded on the rock. 26 And everyone who hears these words of mine and does not do them will be like a foolish man who built his house on the sand.27 And the rain fell, and the floods came, and the winds blew and beat against that house, and it fell, and great was the fall of it.”

Area classified as wetlands in the USGS National Wetlands Inventory within Perry Homes’ Woodridge Village.
Perry Homes’ contractors mired in more muck on the northern portion of Woodridge Village where wetlands once stood.

Five Previous Developers Passed on This Property

When Perry Homes bought this property, five other developers had previously bought and sold it without developing anything. Perhaps they realized the dangers once they investigated it more thoroughly. Regardless, one of Perry Homes’ subsidiaries bought the land and the company wound up in a literal quagmire.

That sinking feeling you get when you try to build over wetlands

Environmental Survey Not on File with Montgomery County

Perry Homes claims to have done an environmental survey. But if they did, they did not file it with Montgomery County. A FOIA request with the county turned up no such document. A survey, performed by a private consultant, cleared the way for developing this property.

Normally, the Army Corps would investigate wetlands and determine whether they fell under their jurisdiction. If so, developing them would have required permitting and possible mitigation.

That process would have taken much longer and Perry Homes was trying to beat the clock. They were trying to start development before new, stricter Atlas-14 regulations took effect that would have required 40% more detention.

The Corps is currently investigating this case but has not yet issued a decision as to whether Perry Homes’ consultant erred.

Regardless of what the Army Corps decides, these pictures should be a sobering reminder of the dangers of building over wetlands.

Beware of Dry-Season Sales

Wetlands do not necessarily remain wet year around. Unscrupulous developers often sell homes in the dry season without revealing the presence of former wetlands. But water naturally drains to these low-lying areas. Buying a home in one could turn into a perpetual headache.

If you are concerned about investing your life savings in such an area, both the U.S. Geological Survey and U.S. Fish and Wildlife Service keep national databases of wetlands.

USGS National Wetlands Inventory showing Perry Homes Woodridge Village

Be a wise man or woman. Consult these databases before you buy a home to determine whether your property was once wetlands.

Posted by Bob Rehak on 12/15/2019

838 Days since Hurricane Harvey and 87 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.

More Delays on Fixing Perry Homes’ Drainage Debacle Increases Risk of Yet More Elm Grove Flooding

At the current rate of work, Perry Homes could easily take 3-4 years to complete the detention ponds on its Woodridge Village development. The chances of getting another rain event like May 7th during that period? 27.1% if it takes Perry 3 years and 34.4% if it takes 4.

Perry has moved only a few shovels full of dirt since early August to expand detention capacity. That’s when construction activity came to a virtual standstill.

Despite an October 17th letter from Perry Homes’ lawyer to the City Attorney promising to accelerate work on detention ponds, the company has not.

This significantly raises Perry Homes’ legal liability if Elm Grove floods again.

How to Determine Cumulative Probabilities

How do you compile those statistics? Start by classifying the storm. The May 7th storm that flooded approximately 200 homes was a 10-year event, according to USGS, NOAA and National Weather Service statistics below.

Hourly rainfall totals for the USGS gage at US59 and the West Fork. Whether you consider six inches in six hours or 3.6 inches in one hour, May 7th storm still classifies as a 10-year event.

Next, figure the cumulative probability of it happening again during a given time period. If you ask, “What are the chances of another May 7th happening in any year,” the answer is always 10%. But if you ask, “What are the chances of another May 7th happening in the next three-years,” the answer is different.

You calculate the cumulative probability using the following formula:

Probability of at least one 10-year storm in next 3 years = 1 – (9/10)3rd = 27.1%. Four years equals 34.4%.

The possibility exists that the rainfall rate may have been slightly higher in Elm Grove on May 7th. But these are official statistics and conservative for the purposes of estimating risk. They don’t even include the chances of getting hit by even larger storms in the same year (as we did with Imelda).

Legal Risk of Not Mitigating Flood Risk

Perry Homes has shown little desire to mitigate flood risk by expanding detention capacity at Woodridge – even after promising the City of Houston it would do so.

After clearcutting virtually the entire site, Perry had installed only 7% of the required detention ponds when the May 7th flood hit and only 23% by the time Imelda hit on September 19. Since then? Virtually nothing!

Where three detention ponds should be on the northern portion of Woodridge Village. 77% of detention capacity is still missing after four months of inactivity.

What Perry Homes Has and Hasn’t Done

Since the October 17th letter laying out a 26-month timetable for completing work on Woodridge detention ponds, Perry Homes HAS:

  • Removed several brush piles from their northern property (shown above)
  • Slightly widened 300 feet of Taylor Gully
  • Concreted a portion of the 300 feet (see below).
  • Moved a small amount of dirt from the S2 pond that eroded into it back up onto the banks (see below).
  • Spread some grass seed on the northern portion of the development (see two photos below)
Perry Homes moves eroded dirt from S2 detention pond back onto banks on 12/3/2019.
The area where the N3 detention pond should be now has a small amount of grass. Photo by Jeff Miller.

Perry Homes has NOT:

  • Finished work on the S2 detention pond.
  • Started work on other detention ponds.
  • Managed to keep ponding water from reducing the volume of S2.
  • Established grass on pond banks to reduce erosion as regulations require.
  • Finished the spillway into S2 from Taylor Gully.
  • Fenced in their detention ponds as regulations require.
  • Installed maintenance roads around the ponds as regulations require.
  • Released its internal investigation into the causes of Elm Grove flooding as it promised Channel 2 news.
Section 7 of Montgomery County Drainage Criteria Manual shows many items still missing from Perry Homes’ existing detention ponds.
Close up of spillway into S2 pond and its north bank as of 12/5/2019. Photo courtesy of Jeff Miller.

Perry Homes Increases Risk to Residents and Itself

Since August when Perry Homes virtually stopped working on Woodridge, the company has done nothing to allay the major causes of flooding: clearcutting and lack of detention. It has slow-walked this project. Whatever its motivation, Perry Homes has significantly increased the risk of flooding Elm Grove residents again. In doing so, it also increases its own risks.

If Perry Homes does flood Elm Grove again, its slowdown and disregard for the promises it made to the City in its October 17th letter could prove the difference between negligence, gross negligence and punitive damages.

According to the Sawaya Law Firm, “Gross negligence is the extreme indifference to or reckless disregard for the safety of others. Gross negligence is more than simple carelessness or failure to act. It is willful behavior done with extreme disregard for the health and safety of others. It is conduct likely to cause foreseeable harm.”

Kathy Perry Britton knows that slow-walking the expansion of detention capacity will increase the risk of another major storm hitting Elm Grove before she finishes. But I doubt her lawyers are telling her that risk could be as high as 34%.

Posted by Bob Rehak on 12/15/2019 with help from Jeff Miller

838 Days since Hurricane Harvey and 87 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.

Last Chance to Vote for Mayor is Saturday

No matter whom you like in the Mayor’s race, if you have not yet voted, I hope you vote in the runoff election Saturday. The Mayor’s office sets policies, priorities and budgets. So if you’re not satisfied with the pace of flood mitigation, speak now. At the ballot box.

Don’t know where to vote? Check HarrisVotes.com.

Posted by Bob Rehak on 12/13/2019

836 Days after Hurricane Harvey

YouTube Video Shows Grand Harbor Boating Problems on Lake Conroe Predate SJRA Lowering Policy

At the 12/12/2019 San Jacinto River Authority (SJRA) Board Meeting, several people talked about problems getting boats in and out of Grand Harbor, a waterfront development on Lake Conroe. They used this to argue against the lowering of the lake. No doubt, the temporary seasonal lowering policy of the SJRA Board makes recreation more difficult for these folks several months out of the year.

However, the seasonal lake lowering policy is just one of many Grand Harbor problems. And the navigation problems did not start with seasonal lake lowering.

Maintenance Issues Dating Back Years

Matt Newsom, a Grand Harbor resident, has produced several videos on waterfront issues associated with the development. In May of 2018, before the lake lowering policy ever started, he produced a video detailing maintenance problems in Grand Harbor. In it, Mr. Newsom describes the origins of Grand Harbor’s problems. They include:

  • Developer problems
  • Shallow excavation (6 feet)
  • Subsequent siltation
  • Unsold lots without bulkheading that let hillsides collapse into canals
  • Lack of maintenance
  • No planning for maintenance assessments
  • Broken spillway
  • Builders dumping debris into canals
  • POAs not accepting responsibility for maintenance
  • Homeowners unwilling to fund repairs
Screen Capture from Mr. Newsom’s May 2018 video detailing causes of Grand Harbor navigation problems.

Now Problem is Lake Lowering, Not Lack of Maintenance

Mr. Newsom also produced the YouTube video below in November of 2019. It discusses how seasonal lake lowering will affect lakefront property owners in Grand Harbor. It’s based on information provided to Mr. Newsom by the Lake Conroe Association. I reviewed this video last month. It makes no mention of the maintenance problems discussed in the May 2018 video, 18 months earlier, before lake lowering started.

Problems Go Far Deeper than Lake Lowering

I can’t fault Mr. Newsom for fighting for extra water. He appears to be a sincere community activist trying to rally support to tackle a tough problem. I admire him for that. If every community had leaders as committed and as articulate as Mr. Newsome, the world would be a much better place.

I just wish that in his second video he acknowledged that the problems go far deeper (no pun intended) than the lake lowering policy. Lake lowering worsens boating problems. But…

Had the problems outlined above been addressed in a timely way, lowering Lake Conroe would likely not have been the problem for Grand Harbor residents that it is today.

Posted by Bob Rehak on 12/13/2019

836 Days after Hurricane Harvey