SB 7 establishes special funds dedicated to flood mitigation. The bill creates dedicated Texas Infrastructure and Texas Infrastructure Resiliency Funds for flood control planning and the funding of flood planning, mitigation, and infrastructure projects.
Money from SB 7 could help fund additional flood gates for the Lake Houston spillway. They could help release water faster before and during floods such as Hurricane Harvey.
Within 90 days, a Texas Infrastructure Resiliency Fund Advisory Committee will submit recommendations to the Texas Water Development Board (TWDB) on rules it should adopt in administering the fund. TWDB has another 90 days to adopt rules governing the fund. After that, on or before the end of this year, the TWDB may begin financing projects in the state flood plan.
The bill itself takes effect immediately because it passed both the House and the Senate by more than a two-thirds majority. The Senate passed it 31-0. The House passed it 143-1 with two present but not voting. However, Article Two of SB 7 – the part dealing with the infrastructure fund – takes effect on January 1 of 2020 ONLY IF VOTERS APPROVE a constitutional amendment in November. If voters do NOT approve the constitutional amendment, Article Two has no effect.
Flood Mitigation Funding: SB 500 Implementation
SB 500 is an all-purpose special appropriations bill. It appropriates money for SB 7 and other Hurricane Harvey relief projects. For instance, it include $30 million to help dredge where the San Jacinto meets Lake Houston. SB 500 passed with greater than two-thirds majorities in both House and Senate. Therefore, it takes effect immediately.
That means $30 million should be available today to help dredge the mouth bar of the west fork.
$30 million can now used to help dredge the mouth bar.
Sand Mining Inspections and Fines: HB 907 Implementation
On its way to becoming law, the Senate strengthened HB 907. In its final form, it increased inspection frequency for all aggregate production operations (APOs) from every three years to every two.
Breach in Triple-P mine in Porter allowed process water to flow directly into Caney Creek, East Fork and Lake Houston, the source of drinking water for millions of people.
HB 907 also allows the TCEQ to conduct unannounced inspections if the TCEQ investigated a complaint about an APO operation in the previous three years.
It sets registration fees for APOs at a level that will allow the TCEQ to establish an active APO registry.
Finally, it increases penalties for failure to register an APO. It set the minimum at $5000 and the maximum at $20,000 per year with the total not to exceed more than $40,000 for any three year period.
This act takes effect on September 1, 2019. It passed in the House by 135-8 with one present and not voting. It passed in the Senate 28-3.
“Sand Trap” Bill: HB 1824 Implementation
Environmental groups and citizens, including me, fought to clarify the open-ended language in HB 1824. It allows the San Jacinto River Authority (SJRA) and Harris County Flood Control District take sand and gravel from the San Jacinto without a permit in order to restore the conveyance of the river. They can also deposit the sand and gravel on private land.
Opponents feared that it would open the door to river mining because the SJRA is essentially an economic development entity that is sensitive developers. The SJRA has also shown no desire in the past to control sand mining along the banks of the river.
When I asked legislators, miners, TACA and the SJRA how it would work, I received four different answers!
Proponents of the bill sold it as “the sand-trap bill.” The idea: to get sand mining operations to dredge the river, allow them to sell the sand, and avoid taxpayer expense. By dredging at certain locations under government supervision, proponents hoped to reduce the amount of sand coming downriver. That sand reduces the conveyance of the river and contributes to flooding.
If the bill actually works that way, great. But there’s nothing in its language that indicates how it will work or whether miners will be supervised. River mining is outlawed in many countries, including most of Europe. It has been linked to the destruction of private property in many of other countries that allow it.
Watch private sand mining activity on the river closely! This bill takes effect in three months, on September 1, 2019.
Posted by Bob Rehak on 6/3/2019
642 Days since Hurricane Harvey
The thoughts in this post represent my opinions on matters of public interest and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP statute of the great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/10/DifferenceMapWestFork.jpg?fit=2000%2C1129&ssl=111292000adminadmin2019-06-03 07:57:322019-06-03 08:02:47Governor Signs Flood Mitigation and Sand Mining Legislation. Now, what happens when?
The contractor also failed to repair a culvert running next to North Kingwood Forest. Engineers warned that the damaged culvert had to be replaced.
Finally the engineers may have mischaracterized the soil in modeling assumptions. They classified soil as sandy loam instead of clay. That could have skewed a key factor in runoff models by 2X to 3X.
Parts of Porter Also Flooded That Were Not in Any Recognized Flood Zone
LJA’s letter also shows that residents who flooded in Porter on the western edge of the new Woodridge development were NOT in either 100-year or 500-year flood zones. This supports the claims of Porter flood victims, such as Gretchen Dunlap-Smith. They say they never flooded before. They also claim that Rebel Contractors pushed dirt up against the western edge of the development while filling in natural drainage and wetlands. These actions likely constrained drainage on May 7th, before the contractor began installing storm sewers, drainage ditches and detention ponds in that area.
Flood Plain Maps Show What Developer’s Team Knew Before Permit Granted
Section 1.5 of LJA’s letter to Montgomery County states, “The project site is shown on FEMA Flood Insurance Rate Map (FIRM) panel 48339C0750H for Montgomery County, Texas and Incorporated Areas, revised August 18, 2014. The area just across the county boundary from the project site is shown on FIRM panel 48201C0305L for Harris County, Texas and Incorporated Areas, revised June 18, 2007.” On Page 51, the letter shows existing floodplains on the map below.
Page 51 from LJA letter to Montgomery County Engineer.The dark purple lines show the boundaries of the new development. The light purple and gray areas below the new development show the 100-year and 500-year flood plains in Elm Grove, North Kingwood Forest, Mills Branch and Woodstream Villages.Drainage on the developer’s two tracts is sloped toward Taylor Gully, Elm Grove and North Kingwood Forest in red circle.
Clearcutting of the S2 detention pond area finished last November according to Nancy Vera of Elm Grove. However, only detention pond S1 and the flow-restricting box culvert next to Vera’s house had been substantially completed by May 7. Neither N1, nor the drainage ditch connecting it with N2 were excavated on May 7th; they still have not been excavated.
At the time of the May 7th flood, only detention pond S-1 had been installed. N-2 is on land owned by Montgomery County and was at least partially excavated in 2006, but none of the devices regulating flow into or out of it had been installed on May 7th.
LJA Engineering’s models assumed all the detention ponds are in and functioning, but we know they were not at the time of the flood. Instead of installing drainage first, the contractor focused on clearcutting and grading the northern section of land which exacerbated flooding on the southern section.
Drain Pipe Should Have Been Replaced
Page 3-1 of the LJA Letter mentions, “…an existing 36-inch-diameter x 290-foot HDPE culvert in Taylor Gully at the downstream end of the project. The upstream end of the culvert is within Montgomery County and the downstream end is within Harris County. Because of its poor structural condition, this culvert needs to be replaced.”
Intake end of the pipe referenced on page 3-1 of LJA Engineer’s letter to Montgomery County.Photo taken on May 12, 2019.
Judging by the poor condition of the pipe after the May 7th flood and the lack of disturbed soil around it, I feel it’s safe to say that it wasn’t replaced at the time of the flood.
Modeling May Have Included Faulty Assumption About Soil
Major factors affecting the runoff coefficient for a watershed are land use, slope, and soil type. We know the contractor increased the runoff rate when it clearcut the forest and altered the slope of land. But I had not previously focused on how the engineers characterized the soil type, which affects water infiltration.
Sandy soils absorb more rain, generally reducing runoff.
Soils with more clay absorb less rain, generally increasing runoff.
In modeling runoff and flooding potential for Woodridge Village and downstream areas, LJA Engineers used the Army Corps’ Hydrologic Modeling System (HEC-HMS). Page 216 of the user guide for that program states that, “The sand percentage accounts for the effect of infiltration and surface runoff properties on hydrograph generation. Zero percent indicates essentially all-clay soils with characteristically low infiltration rates. Conversely, 100 percent indicates essentially all-sandy soils with characteristically high infiltration rates.”
BrighthubEngineering.com estimates infiltration rates in inches per hour for different types of soil. They show the rate for clay-based soils to average one-third to one-half the rate for sandy loam. That means…
The characterization of the soil could have skewed this component of LJA’s modeling by 2X to 3X. Certainly, that merits further investigation and verification of LJA Engineering’s results before contractors begin pouring concrete.
New Discoveries Argue for Independent Engineering Investigation
All of these observations argue for an independent investigation into the engineering of and construction practices on this site. They raise serious questions about the accuracy of LJA’s conclusions and whether their plans will protect downstream residents from future flooding.
Let’s pray that Montgomery County and the City of Houston commission a forensic investigation into the causes of this flooding. That’s the only way we’ll be able to prevent similar flooding in the future. By the time these issues work their way through the court system, contractors will have built homes and streets that could forever alter downstream flood potential. Harris County and the Federal government could be stuck with hundreds of buyouts costing tens of millions of dollars. A second opinion might save a lot of heartbreak, misery, and tax dollars. Better safe than sorry.
Posted by Bob Rehak on 6/2/2019
642 Days since Hurricane Harvey
The 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/Flood-Impact-on-EG.jpg?fit=1500%2C998&ssl=19981500adminadmin2019-06-02 22:50:562019-06-02 22:51:06Even More Discoveries Demand Independent Investigation into Causes of Flooding Around Woodridge Village
June 1 marks the official start of hurricane season. And, as if on cue, the National Hurricane Center issued warnings about possible tropical storm formation in the Bay of Campeche. That’s the area between the Mexican mainland and the Yucatan peninsula. It is not forecast to move toward the Houston area. Northeastern Mexico and the Rio Grande Valley, however, should keep a close eye on this one.
This area of low pressure had been centered over land in Central America. High pressure over the central US blocked it from moving north. But now that our high pressure system is moving east, it is allowing the low to move north. As it moves out over water in the Bay of Campeche, it could strengthen. The NHC gives it a 50% chance of turning into a named storm in the next five days. Regardless of formation, it’s going to produce a lot of heavy rain for our friends to the south.
Hurricane Preparedness and Education
There’s no reason to panic over this. But its timing on the first day of hurricane season should remind us all about hurricane preparedness.
One of the first things I would do: Bookmark the National Hurricane Center website (NHC). It is updated several times per day, and gives you the most current information available. It also presents information in a wide variety of formats: for mobile and desktop platforms, maps, text, satellite images, aircraft reconnaissance, etc. NHC is the definitive source for this kind of information.
It also contains links to other weather-related web sites, such as the National Weather Service and NOAA.
Finally, it contains a wealth of information about hurricane preparedness and educational pages that can help you understand these storms better.
Exploring the NHC glossary may answer questions that have had you scratching your head for years. For instance, everyone talks about the differences between tropical depressions, tropical storms and hurricanes. But what is an “invest”? You see that all the time.
Invest is shorthand for “investigative area.” It’s simply a weather system for which the NHC wants to start collecting data or running models on. Once a system has been designated as an invest, a number of government and academic web sites initiate data collection and processing.
Designation of a system as an invest does NOT correspond to any particular likelihood of development of the system into a tropical cyclone.
Peak of Hurricane Season
Hurricane season lasts from June 1 through November 30 in this area. Even though today marks the start of hurricane season, the peak isn’t for several months. September 11th is the statistical peak. Tropics heat up the most throughout August and September. Hurricane Harvey lasted from August 25 through 30 – in the middle of that window.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/06/two_atl_5d0.png?fit=900%2C665&ssl=1665900adminadmin2019-06-01 12:19:562019-06-01 12:20:04That Time of Year Again: Hurricane Season is Here
Photo looking west toward Yates property just out of frame on right. Developer continues to build site up relative to neighbors – before installing drainage. This has created problems for Chris Yates and his neighbors in Porter.
Some more bad news surfaced today for the people whose drainage has been affected by Woodridge Village construction activity. Rebel Contractors has built up the level of Woodridge before installing drainage between Woodridge and neighbors. As a result, water has ponded in Porter yards for months and damaged their property. Then, to add insult to injury, about a week after finally erecting a long-awaited silt fence, Rebel Contractors covered it with dirt.
Woodridge: The Yates Family Curse
Chris Yates, who lives at 25395 Needham Road in Porter, sent me these pictures today. They show how construction activity has affected his property. First up: two BEFORE shots showing his happy family in front of the Woodridge site.
Yates’ daughter Amber in back yard before clearcutting began. Looking east. A small ditch ran through the tree line which forms the property line between Yates and Woodridge. Note the telephone lines at the top of the picture for reference in subsequent photos.
Yates with family in happier times. This was taken after construction began but before water started piling up.Note piles of dirt being stacked up on Woodridge property in background.
After clearcutting and grading of the Woodridge property in the background, water started collecting in Yates’ yard. This rain fell in March and remained there until Friday, May 31, when Yates pumped it out.
Contractor Should Have Maintained Positive Drainage at All Times
Page 6/Point 12 of the Woodridge Village Detention Plan states that, “Contractor shall maintain positive drainage from construction site at all times. Any damage to existing ditch system as the result of the contractor’s activities shall be repaired to existing or better conditions.” Oops! Neighbors up and down the western border of Woodridge have experienced stagnant water. Some have even experienced flooding.
Almost 4 Feet of Standing Water Before Any Drains Away
The Yates back yard on May 7. Their four-foot fence is barely visible in these two shots taken as water built up. It could not drain away according to Yates until the stormwater crested at a high point to the south between his home and Sherwood Trails..
This recent shot shows how the standing water killed Yates’ grass. Silty runoff ponded for two months.
Today, Yates pumped the water out to his street drain. It took him eight hours, pumping at 3,700 gallons per hour. While this kind of damage does not compare to the loss of a home, I’m sharing this story because it seems to illustrate the contractor’s disregard for the problems it causes neighbors.
Yates raises several animals on his property but has had to keep them caged for months because of the standing water.
Detention plans show that developer knew runoff was moving west to east toward development.Page 12 of the Water, Sanigtary Sewer and Drainage Facilities & Paving Appurtenances Planshows that developer was expecting to compensate for 10-aces of offside drainage from the Yates neighborhood, but didn’t start installing the storm drains for months, until well after three heavy May rains.
Looking north from Yates back yard along western boundary of Woodridge. Note the standing water between development and neighbors. The Woodridge side of the property (right) was elevated approximately 3 feet before drainage was installed.Photo taken 5/31/2019.
Plans show that this drain should eventually handle water that collects between Yates’ property and Woodridge. Question: Why wasn’t this installed before the Woodridge property was elevated?Said Yates who has years of construction experience, “Drainage is put in by elevation so this could have been put in before building up.”Photo taken 5/31/2019.
More Out-of-Sequence Construction?
Yates, whose father owned a clearing/grading business, worked in the family business when younger and said that on a site like this, they typically installed drainage first thing. The reason: ponding water slows down construction. “Even though it takes time, it saves time,” said Yates. “You can’t work when the site is wet. Construction on this site seems to be out of sequence.”
Yates also said that he had talked to the developer and learned they were six months behind schedule. One can only wonder whether the delayed installation of drainage had anything to do with the construction delays.
This and detention ponds were not the only out-of-sequence construction that neighbors have suffered through. Silt fences should have been installed before clear cutting started. Instead, they were put up almost a year later.
Additionally, the developer finally installed silt fences last week. The developer was supposed to install them before clearcutting began. For months, residents complained about sand, silt and clay pouring out of the construction site into streets and storm drains. Then about a week or so ago, after a complaint to the TCEQ triggered an investigation, silt fences finally appeared. Now they are buried under dirt again.
1-2 Week old silt fence … buried under silt. Said Yates, “What’s the point of silt fences if you are piling dirt on top of them an on the other side of them?” Photo taken 5/31/2019.
Chris Yates must feel at this point as though he’s Rodney Dangerfield. “Can’t get no respect.” Let’s hope he and the hundreds of other families affected by Woodridge construction find some before this is all over.
Posted by Bob Rehak on 6/1/2019 with images courtesy of Chris and Tammy Yates of Porter
641 Days since Hurricane Harvey
All thoughts expressed 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/Yates-Muck-Today.jpg?fit=700%2C933&ssl=1933700adminadmin2019-05-31 23:10:392019-06-01 00:00:20Woodridge Problems Still Piling Up for Porter Resident Chris Yates
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
