Elm Grove resident Jeff Miller reported tonight that Rebel Contractors was busy widening and deepening a crucial detention pond near homes that flooded in Elm Grove and North Kingwood Forest. According to Miller, “The pond is starting to assume its final shape with the sloping of the edges.”
Here’s the plan for the pond.
S2 (the second detention pond in the south section of Woodridge Village.
May 8
For comparison, the “pond” looked like this after the storm on May 7…non-existent. For comparison purposes, consider this the BEFORE SHOT.
Photo taken shortly after the flood on May 7 shows the area where S2 detention pond should be had not yet been excavated.Nor was silt fence in place.
May 30
Here’s what it looked like on the afternoon of 5/30/19. This Woodridge Village detention pond should ultimately hold about 50 acre feet of runoff. Had it been excavated before the May 7th rains, many homes might not have flooded. It could have reduced the height of the flood by one whole foot across a 50-acre area.
Photo of S2 taken by Jeff Miller on 5/30/19
Said Miller, “Better late than never.” The video below lets you get a better look at the expansiveness of the pond.
Video by Elm Grove resident Jeff Miller showing S2 pond in Woodridge Village taking shape.
Dirt from this pond and others will build up the rest of the subdivision.
Posted by Bob Rehak on May 30, 2019, with photos and reporting from Jeff Miller
639 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/S2-5.30.19.jpg?fit=1000%2C750&ssl=17501000adminadmin2019-05-30 21:53:172019-05-30 21:53:28Better Late Than Never: Large Detention Pond Taking Shape North of Area that Flooded
To date, most of the press coverage about the May 7th flood has focused on Elm Grove and North Kingwood Forest to the south of the new Woodridge Village development. However, the flood also affected many homes in Porter to the west of it. This is an interview with Gretchen Dunlap-Smith in Porter whose home was built in 1994. It flooded for the first time – after Woodridge Village started clearcutting and grading the land next to her, and wetlands disappeared.
USGS National Wetlands Inventory shows that government classified much of the northern section of Woodridge as wetlands (dark green overlays).Porter borders Woodridge Village to the west. Smith home located in white circle.
“This Area Never Flooded”
Rehak: Has this area ever flooded before?
Dunlap-Smith: This area never flooded.
Rehak: How far back does “never” go?
Dunlap-Smith: I grew up in the Kingwood area. My parents moved here in late 1976. We had 2.5 acres off of Hueni. My brother built this house in ‘94. So I’ve known this home since its inception. I saw it being built. One house at the end of the block did get water in it, but none of the other houses ever flooded. Ever!
Rehak: What do you think caused the flooding on May 7th?
Dunlap-Smith: (Pointing to bulldozers in the distance) The construction down there. That’s the only thing that’s changed. During Harvey, there was never any fear, threat, or worry in my mind that “I’m going to have water in my home.” Ever! During Harvey, during the Tax Day flood and all the stuff before that…never any concern. This (pointing to the construction again) changed the game.
We used to ride four wheelers on that property so I know there used to be a huge detention ditch and a huge pond. There used to be a natural creek down off of the end that went up to the wood line. From what I’ve been seeing and what I’ve been told, they backfilled all that in. The wetlands disappeared.
Note dirt pushed in ditch along western edge of Woodridge Village.Homes from the north end of this development in Porter all the way down to Mace and Joseph streets flooded, including Dunlap-Smith’s home on Flower Ridge.
Ditches No Longer Drain
Dunlap-Smith: Even now, the ditches don’t drain. Our ditches drained before. They never had standing water in them. You look at the ditches now and you will see green algae and moss growing in them. We never had that before. We could mow our ditches. They were dry, because the water drained. And now it doesn’t do that.
Rehak: Where did the water go before?
Dunlap-Smith: It went to the end of the road and flowed out.
Rehak: And now it’s getting to the end of the road and stopping?
Where drainage from Flower Ridge in Porter joins the new Woodridge Village in Porter.Residents say water now stands so long in altered ditches that it grows algae.
Dunlap-Smith: Right. Now it’s backing up and flooding the street.
Rehak: Were you blocked in on May 7th?
Dunlap-Smith: We got out Tuesday night when the rain receded a little bit…for like 3 hours. The water went down enough to where I felt comfortable going through it with our Nissan Altima.
Ditches Became Invisible in Flood
Rehak: These ditches are kind of…deep. If you didn’t know they were there…!!!
Dunlap-Smith: Yeah! You could really do some damage. Or worse, drown yourself in your car.
Photo by Gretchen Dunlap-Smith from May 7 of Flower Ridge in in Porter.
Rehak: How many homes in your subdivision were affected?
Dunlap-Smith: I don’t have a count. But I know that several homes flooded on our street and other streets in the subdivision.
Rehak: How high did the water get?
Dunlap-Smith: A couple inches in our house. Deeper in others.
Rehak: How much did you lose?
Saved by the Peaches!
Dunlap-Smith: Carpet. I was able to get some furniture up onto soup cans and big jars of peaches.
I put most of our furniture up on stuff like that. Hopefully, I may be able to salvage a couple rooms of carpet. Most of my house was tiled by my brother and sister. So the only rooms that had carpet were my living room and my three bedrooms.
Swamped utility room after the flood. Photo. by Gretchen Dunlap-Smith.
Rehak: Is there any concern that the water got under the tile?
Dunlap-Smith: I talked to a couple people about that. I have two dehumidifiers that have been going non-stop since the day after the flood. Those haven’t quit. I’m dumping them constantly.
Cleaning Up the House Without Flood Insurance
Rehak: How long did it take the water to recede? When you came back the next day was it out?
Dunlap-Smith: It was out of the streets.
Rehak: How about the house?
Dunlap-Smith: No. The house…I had to pull every bit of carpet out. It had not receded.
Rehak: Did you have to squeegee it out?
Dunlap-Smith: That carpet was a soaking wet mess! You see that shop vac behind you? That’s a wet/dry shop vac.
Gretchen Dunlap-Smith tries to save her carpet by drying it on the bed of her truck.
You know, this isn’t a flood zone. When we bought the home, we weren’t required to have flood insurance. We called our agent after the flood and he said we weren’t covered, but we could get coverage for four or five hundred dollars per year. But it wouldn’t activate for 30 days.
“You Sunk Us”
Dunlap-Smith: My neighbor told me that they were down there digging a ditch line, trying to open up the drainage again from the damage they had done. But you’ve already damaged natural drainage. You changed and affected how the flow goes. So I don’t care what you do now. You sunk us.
Rehak: Their plan shows a huge detention pond up in the northwestern corner of this land that they clearcut. And then there’s a linear ditch running inside their property all the way down to the bottom.
Where N1 detention pond and drainage ditch should have been before flood. Excavation still had not started weeks after flood.This area used to be wetlands before the developer “improved” the drainage.
Dunlap-Smith: Right. But that ditch is not there. And if you look down Ivy Ridge, every home has trash in front because every one of them flooded.
Trash pile at end of Ivy Ridge. Looking east toward new developmentwhere drainage used to go.
“They Will Never Build on that Property”
The gentleman behind us, when he bought his house, told us there was an easement on that property. He was told they would never build on that property and not to worry. And here they are (pointing to construction).
Rehak: I’ve heard that same story from a dozen different people!
Dunlap-Smith: You get told something and you take it as gospel truth. And you run with it. You don’t check. You don’t research it. You just believe it because they’ve been honest up until now. Which is unfortunate.
Rehak: Do you have any idea what the financial loss is so far?
Counting Her Blessings, Minus the PTSD
Dunlap-Smith: Not really. Honestly, I counted my blessings. It could have been a lot worse. I saw what those people in Elm Grove were hit with. And my husband lost everything in the ’94 flood, including his whole family home. He lived right behind where Reeves furniture used to be on 59. It’s an antique store now. He lived on Treasure Lane. In ’89 there was a flood. They lost everything. But then the one in ’94 really did them in.
As far as the financial? I’m grateful. I know it could have been worse. But I know there’s been a huge emotional cost. It triggered PTSD in my husband.
Rehak: How?
Praying as the Water Rose
Dunlap-Smith: My husband is 6’4”. Not a little guy. He dwarfs me. Works for the Harris County Sherriff’s office. Takes down inmates every day. He’s not a timid guy.
When water was coming in the house, he sat down with his head in his hands and had tears. And I’ve never seen him cry.
We both were under stress. Water’s coming in our house. I have our dogs in a kennel. And I realized then…oh my gosh. The dogs are standing in water inside their kennels. So I moved them up. My husband and I were both getting a little snippy, which isn’t in our nature. There we were. Standing up to our ankles in water in the middle of our living room. He grabbed my hand and I grabbed his, and it’s like, “OK, right here. Right now. We’re praying. Stop. We have to see this for what it is not. It’s not as bad as it could be. And now he’s seeing that.
That Sour Smell
Rehak: Are you going to have to pull out wallboard and electrical?
Dunlap-Smith: I don’t think so. That’s why I said, “I’m counting my blessings.”
Rehak: Floorboards?
Dunlap-Smith: (sighs heavily). Probably. After the first three or four days, I could smell the sour. There was a heavy sour smell. Not so much mildew, but sour.
May 15th was the deadline to dispute our taxes and ours went up like $10,000. So I’m disputing them. I fired off a letter. (She begins reciting complaints in the letter.) “Are we going to be in a flood plain now?” “Are we going to require flood insurance?” We’re not a high-income neighborhood. We don’t have money to throw at that stuff.
Rehak: What kind of assistance have you gotten from Montgomery County so far?
Dunlap-Smith: I would like to get those sticky floor tiles at cost or at a highly discounted rate. I don’t know. I would like to get a dehumidifier because they’re not doing squat about this or taking accountability. My husband and I don’t have credit cards that we can buy things with.
We bought two dehumidifiers out of our pocket. That was nearly 500 dollars. You’re living paycheck to paycheck and you want to fix your house back. My Aunt told me to call Red Cross. But I’m not going to take money out of somebody’s hands that I can see needs it more than I do. I’m not going to do that.
Wants Developer to Restore Drainage
Rehak: Let me rephrase the question. In regard to your development, what would you like to see Montgomery County and the developer do?
Dunlap-Smith: For starters, come in and dig out the ditches. Maybe lower the streets to create more capacity for the water before it gets into our homes.
Rehak: And in regard to that new development going in over there?
Dunlap-Smith: I would love to see the County force the developer to create a true, correct drainage ditch.
Rehak: Do you think the county is even aware that you flooded?
Dunlap-Smith: No. They sent out a message on Twitter saying, “Contact us if you had any flooding.” I don’t think they have any clue.
We had water backing up and leaking from our toilet. Our tub was filling up with this noxious looking water and a septic smell. It was brown.
No, I don’t think the county knows that it happened in a place that it’s never happened before. The developer says they aren’t the culprit. But they changed the drainage. And they’ve gone too far to turn back.
Rehak: You can’t put back nature the way it was.
Dunlap-Smith: Agreed. I wish the county could force them to create drainage. This flooding will happen again if things stay as they are.
Reluctant to Water Plants
Rehak: How do you feel about your future here?
Note: As with other flood victims I have interviewed, curiously, Ms. Dunlap-Smith thinks in terms of tomorrow, not next year.
Dunlap-Smith: We have a little joke here. Every time I water my plants, it rains. For some people it’s washing their cars. But I told my husband this morning that, “I’m afraid to water my plants.” So … if that tells you anything. (Laughing) I’d rather let the plants die.
Looking back at the 2019 Texas Legislature, we have cause for both celebration and soul searching. The good news: A multi-billion-dollar flood-mitigation bill that will do a lot of good for a lot of people. The bad news: death in various committees of any serious legislation to reign in the out-of-control abuses of sand miners. They openly flaunt environmental laws and resist every attempt at reasonable regulation while pretending to be the good guys who fuel growth.
TACA even managed to kill a bill that would have defined best practices for sand mining (HB 909), without even creating any penalties for violation. You can read the entire rundown on the Legislation page of this site. Below is a brief summary of the bills I followed closely.
Flood Mitigation Scorecard
HB 13 would have created a flood infrastructure fund of $3.26 billion taken from the Economic Stabilization (Rainy Day) fund for flood planning, mitigation, and infrastructure projects. This bill had many of the same objectives as SB 7, but also contained some differences. SB 7 survived. HB13 didn’t.
SB7 could help pay for additional flood gates on Lake Houstonand speed up the process of designing, permitting, and constructing them.
SB500 is an omnibus appropriations bill that includes funding for SB7. It also dedicates $30 million for dredging of the West Fork Mouth Bar in Lake Houston. It passed both Houses and is also on the Governor’s desk, awaiting his signature.
HB 911 would have created a Lake Houston Watershed Commission. Its purpose: to provide the public with streamlined communication and cooperation in flood control planning. It passed the House, but died in the Senate Water and Rural Affairs committee.
Sand Mining Scorecard
People all over the state rose up against the aggregate industry during this legislature, but legislation the industry opposed made it out of committee. Suddenly, TACA’s reason for making large donations to every committee chair in both the House and Senate became clear. There was one small win.
A Small Win
HB 907 Doubled the penalties for not registering a sand mining operation. New penalties can range from $10,000 to $20,000 per year with the total not to exceed $50,000. It passed both Houses and went to the Governor on 5/29. TACA backed this bill because the openly illegal sand mining is bad for their business. It creates low-priced competition.
Bigger Losses
Below is a short list of other sand-mining bills I followed:
HB509 would have allowed the Texas Railroad Commission to regulate APOs with TCEQ. It would have required a hydrologic impact study especially for large clusters of mines in a small area. It also would have required public notice, public hearings, and provided fines up to $10,000 and 1-year in jail for false statements made on permits. It died in committee.
HB 908 would have provided penalties up to $50,000 for water code violations and every-other-year inspections. Died in Committee. No testimony even heard.
HB 909 would have directed the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations). Testimony was taken on 5/1, but no further action was taken. The bill died in committee.
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 as part of a pilot program. It would have attached penalties for non-compliance with best practices defined under HB909. It died in the House Natural Resources Committee.
HB 2871 would required sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have had to do both of these things before they could have acquired a production permit. It also attached civil and criminal penalties for non-compliance. This bill died in the Energy Resources committee.
SB2123. Companion bill identical to HB907. Died in committee.
SB2124. Companion bill, identical to HB909. Died in committee.
SB2125. Companion bill, identical to HB908. Died in committee.
The most potentially dangerous bill of 2019 was CSSB2126. It was pitched under the guise of creating sand traps in the San Jacinto. The theory: keep sand from migrating downstream where it creates sediment dams, such as the mouth bar. Proponents (including TACA) pitched it as a way to get free dredging.
It would have allowed the SJRA and Harris County Flood Control District to dredge the San Jacinto River to restore conveyance without a permit – if they place the spoils on private land. It died in the House, but was reincarnated as HB1824. That bill passed both houses and is on the Governor’s desk.
I feared that this bill would have opened the door to river mining in the San Jacinto. The reason I feared this? Proponents of the bill said they wanted to create “sand traps.” But no one could agree on what they were or where they would be. Language in the bill was EXTREMELY vague and open ended, a practice that can lead to abuses. It doesn’t even mention sand traps. Meanwhile…
River mining is outlawed in many countries because it is so environmentally destructive.
Environmental groups, such as the Bayou Land Conservancy, tried to add language that would have called for independent studies, before allowing miners in the river.
Time Will Tell: Vigilance Required
A major focus of my efforts since Harvey was to increase setbacks from the river for mines. This bill went in the other direction. It allows miners in the river under the guise of “helping” reduce the sedimentation that they “helped” create.
In reality it also reduces their costs by giving them access to land (the river) without paying leasehold fees or taxes. It also gives developers a way to get free fill that can be dumped in the floodplain without permits. And that could put powerful pressure on politically sensitive, appointed boards, such the SJRA’s.
Only time will tell whether the intentions of the drafters of this legislation were pure, or whether this is yet another sly and crafty grab by TACA. One thing is certain: it will require constant vigilance on the part of residents and environmental groups.
Posted by Bob Rehak on 5/30/2019
639 Days since Hurricane Harvey
All thoughts expressed in this post are my opinions on matters of public policy. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/WestFork.jpg?fit=1200%2C1572&ssl=115721200adminadmin2019-05-30 14:32:402019-05-30 15:10:472019 Legislative Scorecard: Flood Mitigation a Win, Sand Mining a Loss
Jason Webster and Kimberly Spurlock, two local lawyers, have teamed up to represent Elm Grove and North Kingwood Forest (NKF) flood victims. On May 7th, video captured floodwater streaming out of the 268-acre site north and west of those two subdivisions. The contractor had already clearcut most of the land for the developer’s new Woodridge Village. However, the contractor had not yet excavated the key detention pond next to the people who flooded. As a result, it appears that runoff from the mostly clay soils in the new development compounded street flooding already in progress. That’s when the volume of water became more than the streets could handle and hundreds of homes flooded.
Third Wave of Lawsuits Filed Last Week
The third wave of lawsuits filed by Webster and Spurlock against defendants Figure Four Partners, LTD; PSWA, Inc.; and Rebel Contractors, Inc. brings the total of plaintiffs they represent to more than 200.
This is not a class action suit. Each plaintiff suffered different amounts of damage. It is a series of individual lawsuits. Here is the first wave of plaintiffs, the second, the third and the basis for the claims.
The lawsuits allege negligence, negligence per se, gross negligence, nuisance, and violation of Section 11.086 of the Texas Water Code. Plaintiffs seek exemplary damages and a permanent injunction among other things.
According to numerous residents, the contractor also filled in existing streams and wetlands while grading the property. Partially as a result, homes that never flooded before suddenly flooded during what Harris County meteorologist Jeff Lindner characterized as a 2-year to 50-year rain event. Plans show that if the detention ponds had been constructed, they should have held a 100-year rain.
Next Steps in Lawsuits
District court record searches indicate that no other law firm has yet filed suit against these defendants for the Elm Grove and NKF flooding. However, they may. At least two other law firms have held meetings with residents.
Meanwhile, the court has scheduled oral arguments for the temporary injunction against Figure Four Partners, LTD; PSWA, Inc.; and Rebel Contractors for July 8 at 2:30 PM in the 11th Judicial District Court. This is for the second batch of plaintiffs.
Previous Problems Surface for Rebel Contractors
A search of Harris County District Court records found a separate lawsuit against Rebel Contractors for a different incident. Harris County and the State of Texas (on behalf of the TCEQ) sued the company for its practice of burning trees while clearing land. The plaintiffs claimed the practice added to air pollution and harmed health. The County and State won an injunction against Rebel Contractors. Rebel agreed to stop its burning.
“Rainxiety” Sets In
A new term is floating around: rainxiety. That’s the anxiety flood victims feel whenever rain is forecast. Dozens of residents have told me that they sweat, their hearts race, and they begin to panic whenever it rains. One even begins humming Creedence Clearwater Revival’s “Who’ll Stop the Rain?” That should become the theme song for Elm Grove and North Kingwood Forest.
“Still the rain kept pourin’, Fallin’ on my ears. And I wonder, Still I wonder Who’ll stop the rain.” By John Fogarty
All thoughts expressed in this post represent my opinions 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.
Posted by Bob Rehak on 5/29/2019 with help from Jeff Miller
638 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/ElmGroveFlood_01_11.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-05-29 20:19:172019-05-31 07:07:02More than 40 Additional Plaintiffs Join Webster, Spurlock Lawsuits Against Woodridge Developers and Contractor for May 7th Flooding
Earlier this year, I posted about FEMA funding approval of the San Jacinto River Basin Study. The four partners in the project, Harris County Flood Control, SJRA, Montgomery County and City of Houston, have released a fact sheet that outlines the objectives and scope of their study.
The study will cover 3000 square miles from the upper reaches of the San Jacinto River watershed in Walker, San Jacinto and Grimes Counties in the north to I-10 on the south.
Map of 3000 square-mile study area
Now called the “San Jacinto Regional Watershed Master Drainage Plan,” goals include:
Identifying the region’s vulnerabilities to flood hazards using Atlas 14 rainfall totals
Developing approaches to enhance public information and flood-level assessment capabilities during a flood
Evaluating flood mitigation strategies to improve community resilience
Providing a comprehensive Flood Mitigation Plan that supports the needs and objectives of each regional partner.
Download the PDF to learn more. This is not a detailed discussion, just a two-page, high-level overview. To read the entire detailed document that FEMA approved, click here.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/Watershed.jpg?fit=900%2C1169&ssl=11169900adminadmin2019-05-28 21:57:512019-05-29 09:38:40Partners Outline Goals and Scope of San Jacinto Regional Watershed Master Drainage Plan
According to an Associated Press (AP) story published this weekend, “A recent study for the National Institute of Building Sciences found that society as a whole saves $7 in avoided costs for every $1 spent through federally funded grants to acquire or demolish flood-prone buildings.”
Idea Behind Buyouts
Buyouts are a strategy used by FEMA to avoid multiple payouts from the National Flood Insurance Program for properties that flood over and over again. At some point, it becomes cheaper to buy the home and tear it down than to fix it repeatedly. However, buyouts can take years to process and they are always voluntary. Moreover, even if a homeowner decides not to sell, the government continues to underwrite his/her insurance.
The AP story by David A. Lieb cited the case of Mosby, Mo. Residents there flooded three times in six weeks in 2015. Many quickly signed up for buyouts, but are still waiting for offers years later.
With 7/1 savings, one wonders why it takes government so long to acquire these homes? Buyout experts that I talked to say that one of the keys to successfully negotiating a buyout is making people offers BEFORE they rebuild their homes. That observation argues for the need to streamline the buyout process, not drag it out for years.
Attempt to Streamline Buyouts
The AP story quotes U.S. Rep. Peter DeFazio of Oregon, chairman of the House Transportation and Infrastructure Committee. His committee has jurisdiction over FEMA. He questions why “….[we] keep selling them (flooded homeowners) insurance and building in the same place?”
The article continues: “DeFazio wants to expand and revamp a buyout process that he describes as inefficient and irrational. He’s backing a proposed pilot project that would give homeowners a break on their flood insurance premiums, as long as they agree in advance to a buyout that would turn their property into green space if their homes are substantially damaged by a flood.”
What 240,000 cubic feet of water per second does to a dream home with a river view.Next building is scheduled for demolition on June 3.
Status of Forest Cove Townhome Buyouts on Marina Drive
The buyout process from Harvey is just getting started in some parts of Texas. Harris County Flood Control has already bought out many homes in the Forest Cove area. “We’ve purchased three entire buildings. One has been demolished and two more are in process,” said James Wade of the Flood Control District. “We have about 65% of the units along Marina Drive purchased and are working through the remaining units.”
But over in Liberty County, officials have just started the buyout process. Buyouts require cooperation between the federal government which funds them, and city or county officials which negotiate them. Therefore, the success of buyout programs often depends on the interest level of cities and counties.
Buyout Success Often Depends on City or County
Counties that aggressively pursue buyout dollars from the federal government can offer residents an option that other counties can’t or don’t.
While most of the Marina Drive townhomes in Forest Cove are structurally unsound and therefore uninhabitable, residents elsewhere, such as Tammy Gunnels in unincorporated Montgomery County, have clamored for buyouts with no luck for years. With the May 7th rains, her home has flooded now 11 times in 10 years.
I applaud Representative DeFazio’s attempt to reform the buyout system. It seems like one of those rare instances when the humane thing to do is also the most cost-effective thing to do.
Turning Problems into Natural Retention and Recreation
A more efficient buyout process will also help rejuvenate and beautify neighborhoods. In the case of Forest Cove, the City of Houston Parks Board and Harris County Precinct Four are already working together to build a greenbelt trail. The trail would connect the County’s new Edgewater Park, under development at Hamblen and US59 with Kingwood’s trail system. That could also open up the entire Spring Creek greenbelt system to Kingwood and Forest Cove hikers and bikers. I can’t wait!
Posted by Bob Rehak on 5/28/19
638 days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/San-Jac-5.17.19_92.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-05-28 20:33:292019-05-29 14:42:07AP Story Highlights Efforts to Streamline Buyout Process
Six hundred and thirty-seven days after Hurricane Harvey, the Texas Legislature finally passed and funded a massive flood-relief bill, Senate Bill #7 (SB 7), sponsored by State Senator Brandon Creighton. The lengthy delay between Harvey and the bill’s passage underscores the need for Creighton’s bill.
Need for Faster Mitigation
Few government entities, it seems, budget for emergencies. So when a tragedy like Harvey happens, cities and counties scurry around looking for small grants. They use those to hire consultants to apply for other small grants that provide matching funds for even bigger grants from FEMA.
There’s even a two-step process to get on the list for grant consideration at the Federal level. You don’t just apply to FEMA or HUD. First, you have to file an application with the TDEM (Texas Division of Emergency Management, a part of DPS) before you can file an application with FEMA.
Most of the begging goes on behind the scenes, out of sight to the average citizen. The fact that the City or County has applied for a grant falls below the threshold of newsworthiness in most cases and so remains invisible to all but insiders. Once someone approves the grants, lengthy permitting processes further delay construction. It take years for a mitigation project to get to the construction phase. That’s when a project becomes newsworthy again.
Changing a Frustrating Process
This is why, to the average citizen, the pace of flood mitigation appears maddeningly and frighteningly slow. Important projects, such as additional dredging, gates for Lake Houston, and upstream detention, seem perpetually mired in government red tape.
The passage of Senate Bill (SB) 7 and SB 500 could help change that. The Senate and House have passed both bills, which are on their way to Governor Abbott’s desk. State Representative Dan Huberty says the governor supports both bills and that his signature is certain.
Here’s what they do:
SB 7 sets up several different funds that will make it easier to launch flood mitigation projects.
SB 500 appropriates the money for the funds in SB 7.
Provisions in SB 7
SB 7 relates to flood planning, mitigation and infrastructure projects.
Article 1 in SB 7 provides money for: flood control planning; preparation of applications for regulatory approvals; and development of engineering plans/specifications for flood mitigation and drainage projects.
Article 2 establishes a special flood infrastructure fund to make loans (at or below market interest rates) for flood projects. It can also provide grants that provide matching funds to poorer political subdivisions that make them eligible to participate in federal programs.
Article 3 amends the state Water Code relating to the Texas Infrastructure Resiliency Fund by establishing special accounts for Floodplain Management, Hurricane Harvey, Federal Matching projects, and Flood Plan Implementation.
Provisions in SB 7 encourage cooperative planning and financing of projects across political boundaries. Those provisions support regional flood mitigation projects through the Flood Infrastructure Fund. That should be especially helpful in the Lake Houston area where mitigation projects affect multiple counties and cities.
SB 500 Provides the Funding
SB 500 is an appropriations bill. It provides funding SB 7 and other items. It appropriates out of the state’s economic stabilization (rainy day) fund:
$273 million to provide matching funds for Hazard Mitigations Grants administered by FEMA.
$365 million to provide matching funds for Public Assistance Grants administered by FEMA.
Out of those two sums, it also appropriates $30 million that may only be used to provide a grant to Harris County to remove accumulated silt and sediment at the confluence of the San Jacinto River and Lake Houston, i.e., The Mouth Bar! That came from an amendment to SB 7 proposed by State Representative Dan Huberty when the House considered the Senate Bill.
It also provides, among many other things:
$47 million for community assistance
$793 million for flood infrastructure projects (drainage, flood mitigation and flood control projects)
$857 million for the Texas infrastructure resiliency fund
$13 million to the Lone Star College system for expenses related to Hurricane Harvey.
Rep. Dan Huberty says that since SB 500 is a supplemental appropriations bill, money from it should be available immediately, as soon as the Governor signs it.
A Big Thank You to Creighton and Huberty
The 85th legislature adjourned less than three months before Harvey inundated South Texas. That delayed legislative action two years. As a result, ever since Harvey, local officials have scrambled to organize and fund flood mitigation projects. The passage of these two bills should speed that process up by providing seed money for planning, grant writing, and matching funds. Thanks go to Senator Brandon Creighton and his staff for responding to the need and pushing these bills through the legislature. Thanks also go to Representative Dan Huberty for earmarking money for mouth bar dredging.
SB 500, a supplemental appropriations bill approved last weekend contains $30 million to help dredge the mouth bar on the West Fork of the San Jacinto.
With West Fork Phase One dredging rapidly winding down, hopefully the addition of $30 million to any money contributed by the City and FEMA will enable dredgers to restore conveyance of the West Fork.
Finally, we should give a big thank you to all of you who wrote letters in support of these two important pieces of legislation.
Posted by Bob Rehak on 5/28/2019
637 days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/Harvey-SanJac_437-cropped-e1775595968700.jpg?fit=1100%2C456&ssl=14561100adminadmin2019-05-28 12:54:122019-05-28 13:07:03Passage of SB 7 and SB 500 Should Speed Up Flood Mitigation Projects
Map by LJA Engineering shows natural drainage. Purple outline shows boundaries of Figure Four Partners’ Woodridge Development.Dark gray outline shows extent of drainage area for Taylor Gully.All drainage in A-E flows to F.
According to residents in Elm Grove and North Kingwood Forest, their homes never flooded before May 7th, 2019, including during Hurricane Harvey. Then bulldozers cleared the 262 acres north and west of them to create a new subdivision called Woodridge Village.
Reconstruction of Events
After talking with dozens of residents, mapping flood damage, reviewing flood videos, and photographing the aftermath, I think the following happened on May 7, 2019.
A large, long, linear ditch ran along the county line. Approximately half of this ditch (labeled S1 by the developer) bordered Sherwood Trails. Contractors had fully excavated the ditch but not fully finished it. The other half of the ditch that bordered Elm Grove did not yet have:
Red labels and circle have been added to approved drainage plan to make it easier to follow this discussion. Small black arrows indicate direction of flow.The 29-acre triangular area labeled N2 actually belongs to Montgomery County, which started cleared most of the land between 2006 and 2008.
Here’s an enlargement of the crucial S2 detention area that shows the flow. All water from the northern section of Woodridge, drains to the part of Taylor Gully running from the triangular detention area N2 on the left toward the upper right.
Note two u-turns made by the water within the space of 200 feet.
Several things happen when the water reaches the upper right.
Most of the runoff is forced to make a 120 degree right turn.
It’s joined by more water flowing south along the eastern edge of the property to the north, and the gas pipeline easement north of North Kingwood Forest.
All of that flows into a much smaller ditch…
…that narrows down into a 3′ pipe…
At that point, it is supposed to make another 90-degree turn into…
…a grassy-lined channel that conveys the water into S2
…where it mixes with stormwater from S1…
…and flows through a box culvert…
…into Taylor Gully where it’s joined by water shooting out of the 3′ pipe.
Here’s an even closer view of how all that works.
The Big Lebowski Connection
In the movie The Big Lebowski, Walter says to The Dude, “That’s right, Dude, the beauty of this is its simplicity. Once the plan gets too complex everything can go wrong.” And it did.
Of course, it was complicated by the facts that:
Most of S2 had not yet been excavated.
The grassy-lined channel to convey water from the upper part of Taylor Gulley into S2 had also not yet been excavated.
A reinforced concrete box culvert had been installed to reduce the outflow into the lower part of Taylor Gully. That backed water up.
A second reinforced concrete box culvert had not yet been installed farther up the ditch that might have held back some of the water that flowed into Elm Grove.
Critical Corner of Chaos
Jeff Miller, an Elm Grove resident who came within inches of flooding dubbed this corner of the development the “Critical Corner of Chaos.”
Jeff Miller schematicshowing series of problems near area that flooded.To his list, I would add the culvert across the ditch by the road that did not yet exist.
Photographs of debris patterns left in grass near the diagonal part of Taylor Gully show that water started overflowing the banks as far west as the road that crosses the ditch. From there, it headed straight south toward Elm Grove.
Debris from flood caught in grass high above ditch indicates that water went out of banks near the proposed street that connects the north and south sections of Woodridge.From here, the water headed overland toward Elm Grove in the background.
Also, when water started to make that 120 degree turn at the top of Miller’s diagram, it overflowed the banks into North Kingwood Forest. Part of the water also split off on the other side of the ditch and headed toward Elm Grove. The constrictions caused by:
Flowing from a large ditch into a smaller ditch
Flowing from the small ditch into a 3-foot pipe
Not enough detention excavated
Restricted outflow at the box culvert
…all forced water to flow into surrounding neighborhoods and down streets. Overland sheet flow added to street flooding already present raised the level of the water enough to enter at least 196 homes. The main paths that the water took looked something like this.
The red line shows the location of the buried 3′ pipe. Blue lines indicate the MAIN flow of water. Note, it also spilled out onto other side streets. This map shows the main flow, not the extent of flooding.
Current and Future Concerns
It’s been three weeks since the flooding. As the site continues to take shape, and as we officially enter hurricane season this week, several things should concern residents.
Rebel Contractors is far from having all the detention ponds excavated.
The dirt they have excavated is being used to elevate Woodridge above Elm Grove.
The drainage scheme LJA envisioned at the southeastern corner of the subdivision may not be sufficient in future heavy rains to prevent flooding in neighboring communities.
Taylor Gulley in Kingwood may not have sufficient conveyance to handle the volume of water coming from upstream development.
I mention this last point because older subdivisions in Porter along the western edge of Woodridge also flooded. Apparently, Woodridge blocked, at least partially drainage flowing from those areas. Therefore, less water came from that area than normal. Had it been added to the May 7th flood, things in Elm Grove and North Kingwood Forest could have been even worse.
Dirt excavated from S2 Detention Pond is being used to raise elevation of land elsewhere in development. Homes along Needham Road in Porter are in background by cell tower.Jeff Miller, who helped with this analysis, stands on the original level of the land next to a street that will be about three feet above the elevation of Elm Grove. Miller stands 6′ tall. Note the fire plug at his eye level.
Urgent Recommendations
Before all of Woodridge Village becomes set in concrete, we need the best engineers in town to re-evaluate the LJA plans independently, especially at the “critical corner of chaos.” Then I hope the developer hires additional resources to ensure a verified or improved plan is executed before we hit the peak of hurricane season in August and September.
All thoughts in this post represent my opinions 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.
Posted by Bob Rehak on 5/28/2019 with help from Jeff Miller
637 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/Overall-Drainage-Red-Circle-1.jpg?fit=1500%2C1037&ssl=110371500adminadmin2019-05-27 21:51:392019-05-27 22:22:56More on What Went Wrong Near Elm Grove and How to Help Protect Residents from Future Flooding
On its way to Lake Houston, your drinking water runs through a gauntlet of sand mines – some old, some new. Many discharge industrial process water directly into the San Jacinto River and its tributaries. The latest Google Earth LandSat images show a total of 11 between I-45 and US 59 on the West Fork doing just that. In addition, photos taken from a boat show another breach in a sand mine dike that happened more recently on Caney Creek, a tributary of the East Fork. Together, these images make a powerful case for moving mines out of the floodway and establishing best management practices for sand mines. The industry has fought both measures.
Dangers of Mining in Floodways
For miners in the Houston area, locating mines in floodways is a dangerous, but lucrative practice. Lucrative because there is less overburden for miners to move. Dangerous because rivers frequently sweep through mines during floods. The floods can then carry sediment downstream, which creates blockages that contribute to flooding.
Floods can also flush chloride-laden process water out of the mines and into your drinking water. That makes City of Houston water treatment costs more expensive. A former high level manager in the City’s water treatment department told me that he saw huge spikes in chlorides after every flood and tracked it to sand mines.
Pictures Aren’t Pretty
Massive breach in Triple-P mine on Caney Creek allows process water to mix with water in tributary for Lake Houston, source of drinking water for two million people.
After discovering the breach above, Josh Alberson whose boat we were in, spent an evening pouring over satellite images. Last week, he sent me a list of GPS coordinates to review additional suspected breaches or discharges. See the images below, all from the West Fork.
First mine north of confluence with Spring Creek.A local canoeist found three breaches in this mine last December.
Breach on right open since 2015.Breach on top left was closed after 2015. Harvey swept through all these mines in 2017.Note the stream at about two o’clock that is carrying sediment and process water to the river. Small pit in middle drains into West Fork.Overflow from mine contaminating West Fork.This pit has remained open for years at a time. Sometimes the water flows in, other times it flows out.Follow the stream from the pit on the right to the river on the left.It looks like someone actually installed two culverts and built a road over this breach.Note several small breaches in the bottom of this image and how the river is about to invade the major pit in the upper right,See the line of sediment in the clearcut area between the large green pond and the river. Discharges date back to 2006.West Fork San Jacinto just east of I-45.
Rule Rather than Exception
I could go on. But you get the idea. The TCEQ has said 15 sand mines are currently active on the West Fork between I-45 and US59. You just looked at a dozen breaches. Historical images in Google Earth show dozens of additional breaches in this same area. This is the rule rather than the exception.
Legislative Session Ends Hope for Improvement
Meanwhile, TACA, the Texas Aggregate and Concrete association, lobbied against establishing and publishing best practices for the industry including setbacks from rivers that could prevent this type of danger.
I drove up to Austin to speak for the bill. Rob Van Til, a sand miner representing TACA, spoke against it. Watch the testimony online at this link for the Committee Broadcast Archives. Make sure you scroll down to 5/1/19 and click on the link for Environmental Regulation. It lasts about 20 minutes. Here’s a guide for those short on time. At:
4:30 Huberty introduces the legislation to the committee.
6:45 Adrian Shelley, representing an environmental group, speaks for the bill.
8:45 Rob Van Til, representing TACA speaks against.
10:45 Representative Erin Zwiener questions Van Til
16.25 Bob Rehak speaks for HB 909
20:00 Huberty asks for committee support
The images above show why we need to move mines out of the floodway. But sadly, HB 909 never made it out of committee. The 86th Legislature ends this week. It’s time to start gearing up for 2021.
The thoughts expressed in this post represent my opinions on matters of public policy. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP statute of the Great State of Texas.
Posted by Bob Rehak on May 27, 2019 with help from Josh Alberson
636 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/ACEO.jpg?fit=1500%2C1069&ssl=110691500adminadmin2019-05-26 22:22:092019-05-27 04:22:31New Google Earth Image Shows Multiple West Fork Sand Mines Mixing Their Wastewater with Your Drinking Water
On the plans, LJA Engineers calls it S2 – the second detention pond in the southern portion of the new Woodridge development north of Elm Grove. Even though all drainage on the 268 clearcut acres slopes toward S2, the developer did not start building this crucial pond before the May 7 storm that flooded Elm Grove and North Kingwood Forest. The pond will ultimately hold 49.4 acre feet of water during a storm, but holds something less now because Rebel Contractors has not yet fully excavated it. Further, it appears that less than 10% of the site’s required detention was fully excavated when May storms struck.
Rebel Contractors Starts Expanding S2 After Flood
At the time of the May 7 flood, it appears that Rebel Contractors had not yet begun excavating the largest part of S2. I could see only a ditch connecting S1 with the large box culvert at the entry to Taylor Gully.
Photo taken on May 11, four days after Elm Grove Flood, shows extent of excavation for crucial S2 detention pond. Only this ditch connected S1 pond with Taylor Gully. Photo looks northeast, where giant pond should extend almost to tree line on both sides of image.
In the last seven days, however, Rebel has roughed out the pond. You can see it starting to assume its final shape, though it has not yet reached its final size or depth. See pictures below.
On Friday, May 24, I observed a steady parade of haulers moving earth from the future detention pond, S2. The contractor is using the excavated material to raise the height of streets and home pads elsewhere on the property in a process called “cut and fill.”
According to numerous residents that I have talked to, much of this area once consisted of wetlands. To develop such property, contractors use a process called “cut and fill.” They build up one area, by excavating another.
S2 pond in early stages of development. Plans show this should ultimately cover more than three acres and be 15 feet deep.Photo taken 5/25/19looking west from Taylor Gully toward Woodland Hills Drive.Plans for Woodridge Village show five detention ponds. Before the May 7 storm, it appears that only S1 was in place though even it was not finished. This raises the question, “Why did the developer focus on clearcutting the northern section before finishing crucial detention ponds on the southern section, where all the water from the north would flow?”
Only S1 Pond Fully Excavated at Time of Storm
Houston City Council Member Dave Martin investigating job site shortly after the May 7 flood on May 9. Shown here: The area that will become detention pond S1. It appeared to be the only semi-functioning detention pond on the entire 268 acres. This photo shows it almost fully excavated but not fully finished. Contractor will eventually slope right side to create more detention capacity and vegetate both sides to reduce erosion.
91% of Detention Capacity Not Completed at Time of Storm
Ultimately, the 268 acre site should hold five detention ponds with a total of 292.3 acre feet of storage. An acre foot would cover one acre to a depth of one foot. The bullet points below summarize the total storage of each pond in the map above.
N1 = 16.9 acre feet (not started)
N2 = 143.3 acre feet (started, but does not appear complete)
N3 = 56.4 acre feet (does not appear to be started)
S1 = 26.3 acre feet (mostly functioning, but not finished)
S2 = 49.4 acre feet (not exacted at time of May 7 storm)
Total = 292.3 acre feet
Not Started or Incomplete on May 7 = 91%
People in construction often use the term “substantially complete” to mean functional, but not fully finished.
Detention ponds collect runoff during a heavy rain. Then they release it at a slow, controlled rate that drainage ditches like Taylor Gully can handle without flooding people downstream. That’s the theory anyway. They do this by restricting the outflow compared to inflow. However, to function, they have to be BUILT.
How Much Rain Detention Ponds Should Have Held vs How Much Fell
Had all five ponds been complete on May 7, the entire site should have detained 1.1 feet of rain, a little more than 13 inches. However, we received less than 8 inches.
Jeff Lindner, the Harris County meteorologist, issued a statement on May 13 summarizing the storm that flooded Elm Grove and North Kingwood Forest. In it, he said, “A 30-min rate of 2.9 inches was recorded at US 59 and the West Fork of the San Jacinto River and a 1 hour rate of 4.0 inches. A 6-hr rainfall rate of 7.9 inches was recorded at the East Fork of the San Jacinto River and FM 1485. Rainfall rates between the 15-min and 6-hr time periods on Tuesday afternoon and evening averaged between a 2-yr and 50-yr frequency over the extreme northeast portions of Harris into southeast Montgomery Counties.”
Questions Owners and Contractors Need to Answer
In the last four years, we received three so-called 500-year storms. Two happened in the spring.
Knowing that, why did Rebel Contractors wait six months after clearing to begin excavating S2, the detention pond adjacent to areas that flooded?
Why did Rebel grade the rest of the site to funnel water toward Elm Grove before detention was in place?
Did economics factors push Rebel Contractors to clearcut the entire site before constructing detention that could control the runoff?
Why did Rebel Contractors fill in existing drainage features that could have helped reduce flooding before starting work on S2?
Why did Figure Four Partners claim that many of the detention ponds were complete?
If Figure Four improved drainage, why did homes flood that never flooded before?
Silt fences were supposed to be put up before any land was cleared. However, they were not put up until AFTER the flood on May 7. Why?
I hope I live long enough to learn the answers! I hope officials care enough to look for the answers! Tens of thousands of Kingwood homes did NOT flood during the May 7th storm; 196 homes next to this development did. They deserve answers.
All thoughts in this post are my opinions 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.
Posted by Bob Rehak on 5/26/2019
635 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/S2-Expansion_05.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-05-26 00:47:532019-05-27 04:18:48Key Woodridge Detention Pond Missing, Only Small Percent of Total Detention Developed Before Elm Grove Flooded
