January Update on Lake Houston Area Flood Mitigation Projects

High-rise development in the floodplain has pushed Lake Houston Area flood mitigation projects out of the headlines lately. So here’s an update on where things stand from Stephen Costello, the City of Houston’s chief resiliency officer and Mayor Turner’s flood czar.

Extending Dredging to Include Mouth Bar

It’s becoming increasing unlikely that we’ll be able to piggyback on the current dredging project. The City and Federal Government are still arguing about how much of the mouth bar existed before Harvey.

The mouth bar almost totally blocks the West Fork where it meets Lake Houston. FEMA and the City of Houston have argued for almost a year over how much existed before Harvey.

Regular readers may remember that FEMA and the Corps stonewalled action on the mouth bar because of the Stafford Act. The Stafford act is the enabling legislation for FEMA. It bars using disaster relief funds to address pre-disaster issues such as deferred maintenance.

The two sides argued for almost a year about how much of the bar existed before Harvey and how much resulted from Harvey. They have finally agreed on a procedure to answer that question. It’s called the Stockton Protocol and was developed at Stockton University in New Jersey to answer similar questions after Superstorm Sandy.

The protocol involves analysis of core samples from the mouth bar. According to Costello, the City hired a geomorphologist to harvest the core samples last week. It should take two to three weeks to analyze the layers in them.

Mouth Bar Disposal Issues Drag Out, Too

Another issue regarding the mouth bar has to do with disposal of the dredged materials. The City and the Corps have tried to agree on and permit a site since October 11 of last year. Three issues come into play when evaluating such sites: volume, cost and environmental considerations.

Next phases of dredging (proposed)

The site must be large enough to accommodate the volume of dredged materials.

The site must also be close to help hold down costs. The farther the site, the higher the costs. The amount of booster pumps, diesel fuel, pipeline, and manpower needed all increase with distance.

Re: environmental considerations, the Corps would prefer a below-ground site such as an old sand pit. That reduces the chance that sand and silt will end up back in the river during the next flood. It also eliminates the issue of possibly reducing the volume of the floodplain. On the other hand, above ground sites are easier to find and one exists that is much closer than any abandoned mine.

At the moment, managers are trying to find the optimal solution given all three variables.

Of course, the volume issue will depend on how much FEMA agrees to remove – after analysis of core samples and after the federal government resumes business.

Rapidly Shrinking Window to Save $18 Million

Before this process started dragging out, taxpayers had a chance to save $18 million. That represents the cost of mobilization and demobilization of the current dredging program on the West Fork. Piggybacking the mouth bar project on top of the current project would eliminate that cost for Phase II because the people and equipment would already be on site and could just continue working.

The current project should end in late April or early May. Costello says the City is already starting to look at contingency plans in case the shutdown drags on or permitting the disposal site becomes problematic.

Contingency Plans Considered

DRC, the company engaged to clean up debris in the lake, also does dredging. DRC has already bid the job and agreed to work for the same price as the current dredgers.

The leading permittee for the disposal site has agreed to store the dredges on his property if necessary until Phase II kicks off.

Current Barriers to Reaching An Agreement

But in the meantime, huge questions remain about volume and cost. With core samplings not yet analyzed, it’s hard to determine how much material will have to be removed from the river. So it’s also hard to determine whether the available money will stretch far enough to remove everything FEMA approves. At this point, the City has committed $15 million and the State $50 million. FEMA remains the big question mark.

Next steps:

  • Analyze core samples and agree on volume to be removed
  • Agree on disposal site and permit it
  • Determine available funds
  • Develop a dredging plan optimized for all variables above
  • Execute the plan

Status of New Gates for Lake Houston Dam

New gates for the Lake Houston dam also remain in limbo. Costello met with FEMA in December and again in early January. FEMA questions the benefit/cost analysis presented by the City. The City originally estimated a 2.8 b/c ratio for the project. That put it high on everyone’s priority lists. However, that may come down. Costello still believes the ratio will come in above 1.0, the cutoff (because benefits still exceed costs). A consultant is currently reconfiguring the estimate.

Lake Houston Dam is primarily a spillway. Small floodgates can lower lake if given enough time. But that requires starting before weather predictions acquire a high degree of certainty, thus raising the risk of wasting water if the forecast changes.

Concern about Potential for Downstream Impact

FEMA also wants assurances that new gates will not negatively impact downstream residents. The City remains confident that downstream residents will not experience impacts. The purpose of the gates is to be able to pre-release water at a controlled rate before storms hit to minimize the volume going over the spillway. Also, the county is reportedly offering buyouts to vulnerable homeowners below the dam.

If the City cannot convince FEMA that the threat to downstream residents will not increase, the City will have to look for an alternative source of funding, such as adding a penny to water bills.

Next Steps on Additional Gates

Assuming Costello can convince FEMA that there will be no negative impact downstream, the next steps would be:

  • Final design
  • Permitting
  • Construction

Each phase could take six months to two years, depending on unforeseen obstacles, such as political headwinds and completion of the long-awaited San Jacinto River Basin Watershed Survey.

San Jacinto Watershed Survey Status

In March of last year, the SJRA proposed a new survey of the entire San Jacinto Watershed. Projects such as maintenance dredging, additional gates, and additional upstream detention, all depend on the outcome of this study.

To properly design gates, for instance, engineers need to know the volume of water they need to shed in a given period of time.

To properly design maintenance dredging, they also need to know how fast the river is and lake are silting up.

The estimated cost of this study was about $2 million. Consultants have been ready and waiting since last April for the green light. Unfortunately, FEMA went back and forth with the SJRA and its partners on this project for eight months. According to Costello, FEMA was ready to write the check in December when the Federal Government shut down.

Next Steps:

  • Deposit FEMA check
  • Execute study
  • Final report

Expect this one to take 18 months from the start date.

Need to Mitigate Mitigation Funding

The saga of this study epitomizes the need to improve disaster mitigation procedures. Flooding along the Gulf Coast is foreseeable. If we budgeted for it, we wouldn’t have to depend on Washington and could save years on these projects. Two million dollars is not a great amount of money when spread out among the two million people who would benefit.

It Took 6 Months to Win the War for Texas Independence

It’s taking twice that long for FEMA to cut a check.

Think we have lost our edge? We need to get proactive and self-reliant about these things if we want the region to grow. It’s already been a year and a half since Harvey. It will take another year and a half to complete the study. Three years before the serious work of actual mitigation begins! We can do better. We must demand that our leaders reform the way the mitigation business works.

As always, these 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 January 21, 2019

511 Days since Hurricane Harvey

High-Rise Protest Letter from Former EPA Scientist Suggests Unique Approach

Letters to the Army Corps and TCEQ keep pouring in. Without exception, they protest the permitting of the proposed high-rise development near River Grove in the flood plain and floodway of the West Fork.

If researching ideas for your own letters, consult the high-rises page of this web site, specifically the right hand column. It explains the controversy and how you can protest the permitting if you wish.

I have posted many of the letters, both from groups and individuals, to help give people ideas for how this process works. Today, I received a letter from an environmental scientist who spent almost three decades with the EPA. His name is Ken Teague and his letter impressed me – for the points it made. the succinct way he made them and a unique twist.

Mr. Teague suggested trying to get the EPA to elevate consideration of the permit by asking to have the West Fork considered as an Aquatic Resource of National Importance. He gave me permission to reprint his letter. See it below.

Text of Letter from Former EPA Employee

To: swg_public_ notice@usace.army.mil; 401certs@tceq.texas.gov; Kaspar.Paul@epa.gov; Martinez.maria@epa.gov; david_hoth@fws.gov; Rusty.Swafford@noaa.gov

Subject: SWG-2016-00384

Dear Sir/Ms: I have reviewed the subject PN and have the following comments:

  • I suggest that the wetlands proposed to be destroyed by this project may be Aquatic Resources of National Importance, and if so, I recommend the U.S. EPA elevate review of this permit application under EPA/USACE procedures.
  • The applicant has not met the Clean Water Act Section 404(b)(1) Guidelines.  The information provided with the PN does not support that the applicant has conducted an appropriate alternatives analysis, or demonstrated efforts to avoid and minimize impacts to aquatic habitats.  I strongly recommend USACE require the applicant to demonstrate they have met the requirements of the Guidelines.
  • Most of the components of the proposed project are not water dependent.  The one component that is water dependent, the marina, has not been demonstrated to be needed. The USACE must review the proposed project for its water dependency.  Non water-dependent projects should not  be permitted if they impact aquatic habitats. Water dependent projects should only be permitted if they are demonstrated to be needed.
  • The applicant stated an existing 17.59-acre conservation easement exists within the commercial and residential district which is associated with a compensatory mitigation area for Department of the Army Permit SWG-99-26-012 verified on 25 May 1999. This permit was conditioned to place 21.90 acres (12.19 acres of wetlands and 8.99 acres of upland buffer) into a conservation easement. It is not clear what this means, but if it means the applicant is proposing to destroy aquatic habitats that were previously preserved as compensatory mitigation as compensation for previous destruction of aquatic habitats, such impacts to such mitigation absolutely must not be permitted.
  • The site is subject to flooding (see attached image).  I assert that it is not in the public interest for the USACE to permit development in flood prone areas, so USACE should not permit the proposed actions. The applicant proposes to greatly elevate the areas it proposes to develop using soil from an undisclosed location.  This elevation will change hydrology in surrounding areas, guaranteeing that nearby low elevation properties will flood much more frequently, for a longer duration, and greater depth, than is currently the case.  This will almost certainly negatively impact nearby infrastructure and habitats.  Permitting such changes would clearly not be in the public interest.
  • The applicant has not proposed mitigation, other than to say that they will either conduct permittee responsible mitigation or purchase credits from a mitigation bank.  The USACE must provide the public the opportunity to review and comment on proposed mitigation. This does not meet the requirement.
  • Do not permit the proposed activity.

Sincerely,

(Signed) Kenneth G. Teague, PWS, Certified Senior Ecologist

Aquatic Resource of National Importance?

I’m not sure if the specific 47 acres of wetlands are an Aquatic Resource of National Importance. But I have no doubt that the West Fork of the San Jacinto is. And these wetlands help protect that resource, by holding and filtering water before it reaches Lake Houston.

Why is it so important? Five reasons come to mind:

  1. This reach of the West Fork connects two lakes that provide water for two million people.
  2. It provides industrial process water for a large portion of America’s refining and petrochemical plants.
  3. Bald eagles, a threatened and protected species, live up and down the West Fork. Hundreds of other species of birds use the river and the forests that surround it as a migration corridor.
  4. The shores of the river contain many bottomland hardwoods, bogs, marshes and wetlands that are all integral parts of a unique connected environment.
  5. It’s a rare and beautiful natural resource that’s easily accessible to millions of people.

Long Shot, But Worth a Try

Lake Houston communities have proved for decades that low-impact development like we now have can co-exist with this unique environment without disturbing the wildlife that make it so special. But I doubt it could survive the kind of high-rise, high-density development that Romerica Investments has in mind.

As always, these are my opinions on matters of public policy. They are protected by the first Amendment of the U.S. Constitution and the Anti-SLAPP statutes of the great state of Texas.

Posted by Bob Rehak on January 21, 2019

510 Days after Hurricane Harvey

How and Where to Seek Disaster Recovery Help from Hurricane Harvey

The State of Texas has received multiple appropriations from Congress and the U.S. Department of Housing and Urban Development (HUD) for long-term disaster recovery from Hurricane Harvey. But figuring out where and how to apply for help can be tricky. It depends on where you live.

The General Land Office (GLO) runs the Homeowner Assistance Program throughout the state with the exception of the City of Houston and Harris County. Both have their own programs. If you live outside the City or Harris County, review the types of assistance available immediately below. Links to City and County programs are further below.

Warning: some of these programs are still in development. HUD approved the City and County programs only last December. Another warning: the State is still administering programs, such as Economic Revitalization, that the City and County may not have implemented yet. Things change daily, so consider the information below a starting point.

Townhomes in Forest Cove on Marina Drive destroyed by Hurricane Harvey

For Those Outside Houston or Harris County…

  • Homeowner Assistance Program: Provides funding for rehabilitation and reconstruction of owner-occupied single-family homes damaged by Hurricane Harvey.
  • Local Buyout and Acquisition Program: Local governments may buyout or acquire eligible homes at a pre-storm or post-storm fair market value to move homeowners out of harm’s way outside of a floodplain to a lower-risk area.
  • Homeowner Reimbursement Program: Allows homeowners to be reimbursed for certain out-of-pocket expenses incurred for repairs to their home including reconstruction, rehabilitation or mitigation up to $50,000.
  • Affordable Rental Program: Provides funding for rehabilitation, reconstruction and new construction of affordable multi-family housing units in areas impacted by Hurricane Harvey.
  • Economic Revitalization Program: Allows for interim assistance to small businesses (up to $250,000) impacted by Hurricane Harvey through deferred forgivable loans in exchange for job creation or retention for low-to-moderate income employees. Small business within Harris County and the city of Houston will be eligible to apply for this program.

For Those Inside City of Houston…

If you live inside the City of Houston, you may qualify under one of these programs.

Homeowner Assistance Program (HoAP)


HoAP is the primary program to help homeowners whose homes were damaged during Hurricane Harvey. There are five options within HoAP to assist homeowners at different stages of recovery and with specific recovery needs. The first step in getting help is to take the Harvey Recovery Survey to assess if there are programs you may qualify or and to help identify what documents you will need before you make a formal application.

 Get started with homeowner recovery

Harvey Homebuyer Assistance Program


The Harvey Homebuyer Assistance Program (HBAP) provides up to $30,000 through a forgivable, interest-free loan for down-payment and/or close-cost assistance to qualified homebuyers. The program serves Houstonians earning up to 120% of Area Median Income (AMI). The City places a sale-restricted lien on the home for five years to ensure that the program is meetings its affordability objectives.

Harvey Single-Family Development Program


The Harvey Single-Family Development (HSFD) Program builds new single-family homes for low- and moderate-income Houstonians. These homes typically sell for under $200,000 to eligible buyers. The City places a sale-restricted lien on properties for sale to income-qualified buyers to ensure that the home remains affordable for a specified period.

 Get started with recovery for homebuyers

Harvey Multifamily Program


As a majority-renter city, Houston needs more quality, affordable rental housing after Hurricane Harvey. As demand for housing continues to rise, workers may not be able to afford homes in areas that are safe from flooding and close to jobs and transit. Ensuring Houston’s continued economic growth depends on having transit-connected, resilient, and affordable housing options for people at all income levels. The Multifamily Program provides funding to repair existing and develop new multifamily homes across Houston. Developers will be able to apply for funding through a subrecipient selection process.

Harvey Recovery Small Rental Program


Many Houstonians live in single-family rental properties, or rental properties with fewer than eight units. These small rental properties are important for affordable housing, and many were damaged during Hurricane Harvey. The Harvey Recovery Small Rental Program assists landlords to make repairs and improve the quality of these properties.

 Get started with recovery for landlords

Harvey Public Services Program


Service provider agencies help HCDD implement important programs, including support for people experiencing homelessness, those living with HIV/AIDS, and mental health services. Agencies can apply for funding through this program through a subrecipient selection process.

Buyout Program


This program is intended to assist residents to move out of areas that have been impacted by multiple disasters or are at high risk of flooding from future disasters. The program is currently under development. City of Houston residents interested in a buyout option should visit the Harris County Control District’s Voluntary Home Buyout Program website.

City of Houston Contact Info

City of Houston Housing and Community Development Department

For Those in Harris County, but Outside Houston…

If you life outside Houston, but inside Harris County, start here.

Harris County Contact Info

In Summary

These represent starting points. If you were damaged during Harvey and need help recovering, explore these links. They may help. Each has a screening survey to make sure you qualify. Start there. Good luck.

Posted on January 20, 2019 by Bob Rehak

509 Days After Hurricane Harvey

KSA Adds to Growing Chorus of Concerns Over Proposed New High-Rise Development

Thursday night, the Kingwood Service Association (KSA) added its voice to the growing chorus concerned about a proposed high-rise development in the floodplain near River Grove Park. KSA is the largest private group in the Kingwood area. It represents more than 30 community associations, which comprise more than 70,000 residents. It also manages the five private parks in the Kingwood area including two adjacent to the proposed development along Woodland Hills Drive.

The letter addresses concerns that BOTH the TCEQ and Army Corps will consider during the permit evaluation process. TCEQ rules on water quality issues (Clean Water Act Section 401) for the Corps. The Corps rules on Section 404 concerns.

The applicant, Romerica Investments, LLC must respond to every concern submitted by residents. So email them now or forever hold your peace.

Here is the text of KSA’s letter, which is also linked on the High Rise Page in the right hand column. I inserted the pictures and captions into KSA’s letter; they are not part of the original. I put them there to help illustrate the concerns for people who may not be familiar with all of the issues surrounding this controversial development.

Text of KSA Letter

Evaluation Branch, North Unit
Regulatory Division, CESWG-RD-E
Galveston District
U.S. Army Corps of Engineers
P.O. Box 1229
Galveston, Texas 77553-1229

Texas Commission on Environmental Quality
401 Coordinator
MSC-150
P.O. Box 13087
Austin, Texas 78711-3087

Re: Permit Application No. SWG-2016-00384, Romerica Investments, LLC

Dear Corps and TCEQ,

Enclosed are the comments of the Kingwood Service Association, regarding the U.S.Army Corps of Engineers (Corps) Galveston District, Section 10/404 proposed Permit Application No. SWG-2016-00384, Romerica Investments, LLC, located in waters of the United States (U.S.) and wetlands adjacent to the West Fork of the San Jacinto River, Kingwood, Harris County, Texas.

The Kingwood Service Association (KSA) is a Kingwood-wide homeowners association representing thirty-two (32) residential and commercial associations in the Kingwood area. The following comments are being made on behalf of Kingwood residents concerned about the impact of the proposed development on the Kingwood community.

KSA owns and operates two parks adjacent to the proposed permit area, River Grove Park and Deer Ridge Park. During Hurricane Harvey, both of these parks flooded with 10 to 20 feet of water. River Grove Park is located on the West Fork of the San Jacinto River between the river and the proposed commercial and residential areas. This park was covered by 20 feet of water. As the flood waters receded, it left 6 feet of sand covering half of the park area. River Grove Park has flooded at least 6 times in the past 12 months. This experience raises serious concerns about the environmental impact of a development that calls for adding fill material to approximately 330 acres located north and east of River Grove Park, and which would raise the grade level of the area 12 feet from 45 feet to 57 feet.

We are very concerned about the overall impact of this development on the community because it would be built where Hurricane Harvey created some of the worst flooding in 100-year or greater floodplains/floodways; will fill and displace about 200 acres of 100-year floodplain/floodway, which will raise water levels and increase the possibility of flooding for others; will fill in wetlands that are crucial for soaking up water and reduced flows, velocities, and increased sedimentation of the West Fork of the San Jacinto River in its 100-year floodplain/floodway; is subject to further flooding in the future; and destroys more of the natural beauty, water quality, and wildlife habitat of the West Fork of the San Jacinto River.

In the review of this permit application, we ask the Corps to consider all relevant public interest review factors in 33 CFR 320-332 including conservation, economics, aesthetics, air quality, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, and the needs and general welfare of the people.

We think that, at a minimum, the following areas should be addressed by USACE and TCEQ during the permitting process.

1. This proposal will fill 42.35 acres of wetlands with 68,323 cubic yards of fill material on 331.45 acres and fill 771 linear feet of streams with 285 cubic yards of fill material. There are significant concerns about the environmental impact of the elimination of 42.35 acres of wetlands. These concerns fall into the following areas:

a. Elimination of a natural area inhabited by eagles, deer, and other animals native to the area without sufficient mitigation in the same watershed.

Nesting bald eagles, a protected species, on West Fork of San Jacinto. Photo courtesy of Emily Murphy. The Houston Police Deportment Lake Patrol has reportedly sighted seven other eagle’s nests in the area, according to Murphy who frequently kayaks the river.

b. Decrease in the quality of the water supply for the City of Houston, which is downstream of the development, as a result of the increase in erosion and increase in deposition of sediment caused by the elimination of wetlands and the increase in infrastructure.

One of the drainage ditches that the proposed high-rise development would use is so over-burdened, that incision already is threatening existing development. Any addition to flow would destroy properties.

c. Decrease in the quality of the water supply for the City of Houston caused by the contamination of water run-off by the addition of parking spaces for 8,000 plus vehicles that could increase contaminants, such as motor oil, being washed into the San Jacinto River.

d. Increase of erosion and acceleration of deposition of sediment due to an increase in the speed of water run-off caused by the additional infrastructure, elimination of wetlands, and increase in grade level of the area.

High-rises for the proposed development would fill in wetlands where eagles fish and nest. The high-rises would also be built in an old meander of the San Jacinto West Fork, which contains unstable soil that is prone to flooding.

e. Determine the impact of filling in 42.35 acres of wetlands on eagles nesting in that area. Eagle nests have been spotted in the vicinity by Kingwood residents.

Eagles nest on the 16th hole of Kingwood Country Club’s Island Course, immediately adjacent to the proposed high-rise development.

2. Impact on the ability for residents to use the recreational facilities as a result of the increase in flooding caused by the increase of grade level from 45 feet to 57 feet that would inhibit the flow of water during significant rain events and cause the acceleration of water run-off potentially increasing erosion and accelerating the deposition of sediment in the San Jacinto River.

3. Economic impact on the villages immediately surrounding the development area as a result of the potential increase in flooding caused by the development. This could cause a significant decrease in the value of the homes located in these villages.

4. Economic impact on the community that would be caused by adding 8,000 plus vehicles to the traffic patterns of the community without a plan to mitigate this impact. The increase of this much traffic in a single area would have a negative impact on the attractiveness of purchasing a home in Kingwood, which has a reputation for being the “Liveable Forest”.

5. Completion of an environmental impact study before further consideration of this permit application. This study should include a full hydrological study of the project’s impact, an environmental impact to the large wetlands habitat without mitigation in the same watershed, and socioeconomic impact of such a huge development on an existing master planned community.

6. Impact on boat navigation on the West Fork of the San Jacinto River caused by the potential addition of 640 boats. Navigation on the West Fork has been impaired for decades and getting worse due to the acceleration of sediment deposition caused, in part, by sand mines upstream of the project area. This development has the potential to add to that sediment deposition.

This sand bar is currently not being addressed by the Emergency West Fork Dredging Project. It backs water up throughout the Humble/Kingwood area where thousands of homes and businesses flooded during Harvey. Erosion caused by the new development would add more sediment, make the marina useless, and destroy FEMA’s investment in dredging to date.

7. Require the applicant to provide documentation about how it will provide for operation and maintenance dredging of the site so that Section 10 navigation will continue over the lifetime of the development and after floods.

We are requesting that the Corps schedule a public hearing on this application to allow residents to gather additional information on the proposed development and provide further comments. In addition, considering the potential significant negative impact of this development on the community, we request that the Corps and TCEQ seriously consider denying this permit application.

We appreciate this opportunity to provide public comment on this proposed permit application.

Sincerely,
Dee M. Price, President
Kingwood Service Association

Feel free to echo these concerns or add to them in your letters to the Army Corps and TCEQ.

Posted by Bob Rehak on 1/19/19

509 Days since Hurricane Harvey

Three Baby Steps on Sand Mining Legislation

After Harvey, it became clear that the simplest and most effective way to avoid sedimentation due to sand mining, was to prevent any new sand mining in the floodway. State Representative Dan Huberty introduced three new bills to toughen legislation on sand mines yesterday. But these bills never mention words like river, setback, buffer zone, erosion, sediment, or floodway.

What the Bills Do

HB 907 – Doubles 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.

HB 908 – Provides for penalties up to $50,000 for water code violations by sand miners and every-other-year inspections by the TCEQ.

HB909 – Calls for the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations) that comply with applicable environmental laws and regulations.

Good…As Far as They Go

HB 907

…is actually an amendment to the portion of the water code that HB 571 established in 2011. HB 571 targeted unregistered and, therefore, unregulated sand mining operations. If you search back through historical satellite photos of the West Fork between I-45 and I-69 in Google Earth, you can see several such bandit mining operations. Miners would take a backhoe and a dump truck down to a point bar. Then they would start mining sand right out of the river banks. The scars can still be seen today in many places.

I haven’t seen many instances, though, of these kinds of operations in the satellite images since the passage of HB 571 in 2011. That’s good news. But it makes me wonder whether the emphasis on un-permitted operations is misplaced. Most problems come from permitted mines, not un-permitted. So this makes it appear as though we’re putting teeth into mining regulation without really solving the big problems, such as mining in the floodway, breached dikes that remain open for years, and abandoning mines without any reclamation.

HB 908

…specifies that all mines will be inspected at least once every two years to ensure that they comply with “all applicable environmental laws and regulations.” The problem: nowhere does the law (or the TCEQ) specify what those are. So a canoeist, for instance, who spots something suspicious, like a backhoe intentionally letting sediment-laden water out of a mine, has no way to tell if the activity is legal or illegal.

One can spend days searching the TCEQ website looking for the regulations they are supposed to enforce.

Sand mine dike just five weeks after a breach.

Also, every-other-year inspections give grass 730 days to grow and cover up the evidence of breaches in sand mine dikes.

Imagine telling your kid to clean up his or her room; you’ll be back to inspect it in two years.

HB-909

… is a good first step. It directs the TCEQ to establish a set of best practices for sand mining and to publish them. However, the bill does not stipulate the type of best practices to include. Nor does it stipulate any penalties for non-compliance.

It’s like the State telling Porsche owners that those 20 MPH speed limits in school zones are a “good idea.”

Bill McCabe, a member of the steering committee of the Lake Houston Area Grass Roots Flood Prevention Initiative, had this to say. “If they don’t list the BMP’s in the statute, nor authorize any penalties for violation of these BMP’s, what good does this do us?  The TCEQ will merely adopt something similar to your BMP’s (the ones I proposed last year); TACA will agree; and everyone will go their merry way with no changes in sand-mining operations.  If we later complain, TACA will assert that these are merely suggestions, and not intended to be law. And even if they are law, there are no penalties.

The Appearance of Meaningful

As these bills work their way through committees and the legislative process, residents will have opportunities to testify about their Harvey experiences, provide comments on the bills, and suggest amendments to strengthen them.

But at this point it looks like an uphill struggle. We’ll be lucky to see any truly meaningful legislation in 2019.

TACA Should Be Delighted

TACA, the Texas Aggregate and Concrete Association, will be delighted by these bills. If these become law in their present form, they will create the appearance of protecting people. That could undermine momentum toward regulation that reduces sedimentation.

As always, these are my opinions on matters of public policy protected by the first Amendment of the United States Constitution and the Anti-SLAPP statute of the great state of Texas.

Posted by Bob Rehak on 1/18/2019

508 Days since Hurricane Harvey

May You Always Walk in Beauty

A highly talented Kingwood photographer named Emily Murphy contacted me this week. The proposal to build high-rises near the river alarmed her. The impact on wildlife terrified her.

The Seldom-Seen World In Your Backyard

Emily often kayaks on the river with her camera. She has documented a world that few of us will ever see in person. But it’s there for everyone to see…with a little bit of effort. When she showed me her work, the beauty she revealed took my breath away.

It reminded me of a quote from Ansel Adams, America’s greatest landscape photographer. Adams, who died in 1984, was also one of the early leaders of the Sierra Club. He said…

“If you want to preserve something, inspire people with its beauty.”

– Ansel Adams

Below are some of the quiet, peaceful moments Emily Murphy experienced while paddling the San Jacinto River. All of these photos were taken within a few minutes of River Grove Park and the proposed site of the high-rise development.

Eagle photo Courtesy of Emily Murphy. Taken across the West Fork from where the proposed new high-rise development would go.
Taken from River Grove Park, looking east in morning mist toward the site of the proposed high-rise development. Photo Courtesy of Emily Murphy
American white pelicans and double-crested cormorants on the West Fork. Photo Courtesy of Emily Murphy
Quiet morning light in the backwaters of the West Fork. Photo Courtesy of Emily Murphy
Eagle flying near West Fork and Lake Houston, downstream from proposed high-rise development. Photo Courtesy of Emily Murphy.
Juvenile eagle easting fish east of River Grove Park. Photo Courtesy of Emily Murphy.
Roseate spoonbill on West Fork. Photo Courtesy of Emily Murphy

Feel Free to Use Images for Letters to Corps and TCEQ

Emily Murphy encourages people to submit her photos with their letters to the TCEQ and Army Corps of Engineers. They illustrate why these wetlands are unique and irreplaceable. (However, please do not use them for any other purposes; respect the photographer’s copyright.)

A mitigation-bank credit purchased by the developer in some far-off watershed cannot begin to compensate for the loss of a unique habitat like this…inside the limits of America’s fourth largest city.

A Community Living in Harmony with Nature

Murphy’s photography reminds me of two things. First, it reminds me of why I moved to Kingwood 35 years ago. The fact that Emily can still photograph moments like these is eloquent testimony to the founding vision for Kingwood – a community living in harmony with nature. The density of development was sufficiently low that wild animals such as these still live among us.

Second, it reminds me of a Navajo prayer that I first learned in Canyon De Chelley (pronounced ‘de SHAY’) in northeastern Arizona. The title of the prayer was inscribed on a plaque at Spider Rock, another of the world’s most beautiful places. The inscription simply said, “May you always walk in beauty.” No matter how beautiful architecture is, it can’t match the beauty of nature.

Posted by Bob Rehak on 1/18/2019

507 Days since Hurricane Harvey

Commercial Development Guidelines for Kingwood Limit Building Height to 60 Feet

Someone must have forgotten to tell the developers of the proposed high-rise development. Friendswood Development Company’s Commercial Development Guidelines prohibit buildings taller than 60 feet in Kingwood. Romerica Investments, LLC hopes to build multiple 250 to 500 foot buildings. They would exceed the maximum building-height requirements by 4X to 8X.

Section 2-13: Building Height

Section 2-13 of the guidelines, states, “Building height within master planned residential communities is limited by the use and location in each community as provided for in the deed. When the site is immediately adjacent to single family resident construction, the maximum building height is limited to thirty-five (35) feet at a point twenty-five (25) feet back from the property line. The building height may increase from that point at a 1:1 ratio to a maximum height of sixty (60) feet.”

The proposed development would surround the Barrington. It would also face Deer Cove, Trailwood and Kingwood Lakes.

Map of the proposed high-rise development in relation to surrounding residential subdivisions.

The development fronts another single family residential structure, too – on the east.

Eagle’s nest on 16th hole of Kingwood Country Club’s Island Course.

Benefits of Master Planned Community

Like many people, I moved to a master-planned residential community to avoid the specter of a high-rise building in my back yard. Friendswood Development Company actively sold their deed restrictions and development guidelines as a defense against that.

When I built my building opposite Kingwood Park High School in the late 1990’s, I had to abide by these restrictions like everyone else.

Friendswood Development’s Commercial Development Guidelines, Page II-13

Romerica Investments, LLC markets their proposal as the KINGWOOD Marina Resort. Have the rules suddenly changed?

To download the complete Friendswood Development Company Commercial Guidelines, click here.

As always, these are my opinions on matters of public interest and 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 1/16/2019

505 Days since Hurricane Harvey

Dangers of Erosion when Developing Floodplains

A resident of The Commons on Lake Houston contacted me about some severe erosion in her community. I can only describe it as stunning. It destroyed trails owned by the Property Owners Association that people used for hiking, biking and horseback riding. The loss of these trails limits recreational opportunities and has physically divided large parts of the community.

Sadly, it didn’t have to be that way. Infrastructure and ditch maintenance did not keep pace with development.

As development crept closer to the East Fork of the San Jacinto over the years, the erosion worsened. In older neighborhoods on higher ground, a series of small check dams in a major drainage canal reduced erosion.

A check dam is a small dam constructed across a drainage ditch to counteract erosion by reducing water flow velocity. 

Wide grassy, gentle slopes and check dams keep erosion at bay in areas first developed.
The last check dam. Downstream, it’s different. 

Below Check Dams, Uncontrolled Erosion

The dams stop short of the East Fork. A tiny swale that residents used to step over has expanded into a steep-sided gully approximately 20 feet deep and 50-75 feet wide. Not even concrete can stop the erosion now.

Concentrated runoff below the check dams has peeled away concrete used to reduce erosion around this pipe.

Trails used to run alongside and across this ditch. Now they’ve been swallowed. Residents have nicknamed the ditch “The Grand Canyon.” They fear walking near the edge because of potential for cave-ins.

Water exits the other side of the pipe with the force of a fire hose. It has eroded a huge bowl, now eating trails and trees.
Further downstream, a shallow ditch has turned into what residents now call “The Grand Canyon.”
Resident points to where part of a horseback riding trail caved in.
Trees falling into the center force the water wider during floods, worsening erosion.
This tree created an eddy that ate away a foot path. It went from lower left to upper right.

Causes of Erosion

Erosion can result from many things. Multiple factors played a role in the Commons.

As the developer built up land to elevate foundations, he increased the slope. That accelerated runoff.

Clearing land for a new subdivision along the ditch also accelerated erosion of soft, sandy soil.

Finally, concentration of runoff also played a major role. When runoff spreads out over over acres, it poses no threat. But concentrating it turns a thousand trickles into a firehose aimed at loose, sandy soil. The result: severe erosion every time it floods.

Residents of The Commons have already seen how that erosion can destroy recreational opportunities and infrastructure. They pray that their developer will fix the Grand Canyon before it starts eating homes.

Lessons for Kingwood

This Commons story contains timely lessons for the residents of Kingwood as we consider a potential high-rise development in the floodway and floodplain of the San Jacinto.

The Commons erosion reminded me of the Kingwood Rapids. Whitewater enthusiasts gave that name to the drainage ditch that runs between Kingwood and Forest Cove near Deer Ridge Park, just south of Walnut Lane (see below).

The drainage ditch between Walnut Lane and Deer Ridge Park has jokingly been dubbed the Kingwood Rapids by whitewater enthusiasts. Ditch erosion now threatens yards and fences. Image courtesy of Google Earth.

The proposed new high-rise development would use this ditch to drain hundreds of acres that they intend to pave with concrete.

“Kingwood Rapids” in 2009 shows same processes at work here that threaten the Commons.

High-Rise Concern: Erosion and Incision

As you can clearly see, the ditch can barely handle existing runoff during storms. It’s severely eroding.

Draining high-rise, high-density commercial space into these ditches will cause them to “incise.” Incise means “cut into.” Runoff will deepen and/or widen ditches. But ditch erosion already threatens nearby homes.

This same ditch runs through River Grove Park, which already cost Kingwood residents more than half a million dollars in repairs after major storms in 2015, 2016 and 2017. The soccer program at River Grove still has not fully recovered. The lacrosse league has abandoned its lease there. One shudders to think of the damage that the loss of River Grove to do to the entire community.

Impact on Water Quality

All this erosion also has a direct impact on water quality in several ways. First, the sediment flows into the lake. There, it reduces lake capacity. The sediment also increases turbidity, which increases water treatment costs and harms riparian vegetation. That vegetation helps stabilize banks, protect property and provide cover for fish which waterfowl and eagles feed on6

More food for thought as you compose your letters to the TCEQ and Army Corps.

Posted by Bob Rehak on 1/16/2019

506 Days since Hurricane Harvey

Concern over High-Rise Development Triggers Biggest Turnout for Impromptu Meeting since Annexation

The City of Houston ran out of chairs. At least 500 people tried to cram into a meeting room set to accommodate about 100. Before the meeting could start, partitions had to be opened and hundreds of chairs were added to the room.

An overflowing crowd attended the January 14 meeting at the Kingwood Community Center to learn more about the proposed new high-rise development.

Yes, we’ve had bigger meetings organized by officials that were planned for months, but none like this one. It largely happened over the weekend in response to concerns raised in FaceBook.

Meeting in Response to Imminent Deadline

Concerned citizens organized the meeting hastily in response to a rapidly narrowing window for public comments pertaining to a proposed high-rise development. By developers’ own estimates, the proposal would add more than 8,800 vehicles to already crowded Kingwood traffic. The proposal would also add 25-50 story high-rises within a hundred yards of eagle nests and rambling ranch homes. Thousands of yards of fill would be brought in to elevate the new buildings by 12 feet. Residents worry that the fill will alter drainage patterns and increase flood risk to their homes hand neighbors’.

At the Meeting

  • Barbara Hilburn discussed the impact on internal drainage.
  • Bob Rehak discussed how the Army Corps and TCEQ will evaluate permits and how to phrase comments for maximum impact.
  • Bill Fowler discussed the history of the Corps permitting process
  • Dave Martin discussed the history of the development
  • Dozens of residents expressed their concern

Kaaren Cambio represented Congressman Dan Crenshaw. Kim Brode (Ted Poe’s long-time assistant) is now representing Harris County District 4 Commissioner Jack Cagle. Kim also attended and sent these pictures of the crowd. Sadly, I didn’t realize Kim was in the crowd! She sent me this picture after the event and graciously allowed me to share them.

Download Key Information

I’ve summarized information about the development, how the Corps and TCEQ will evaluate applications, how to compose a response that’s on point, and where to submit your concerns. It’s all in an easy-to-download text-based PDFthat should give you 90% of what you need. You can find additional information and sample letters on this site’s new High-Rises page.

Remember, the deadline for comments is January 29.

Thank you for your overwhelming support. It was nice to learn that people are listening! In the coming days, I’ll be posting additional information about the project. Check back often.

Posted by Bob Rehak on January 14

504 Days since Hurricane Harvey

Meeting 6 p.m. Monday at Community Center about High-Rise Development near River Grove

Many residents concerned about the proposed new high-rise development in Kingwood both north and south of the Barrington have requested a meeting on the subject to voice their concerns. Monday night, starting at 6 p.m., they will get that chance at the Kingwood community center.

What the Meeting Will Cover

The meeting will begin with a brief overview of the proposed development and how it will affect the flood plain, floodway and wetlands.

After that, we’ll discuss where permitting stands for the development, and the kinds of things that the TCEQ and US Army Corps of Engineers will look at in the permitting process. They are seeking public comment. This represents your chance to learn about the types of things they look at and how they will make their decision.

Comments Pro or Con Invited From Public

Finally, we’ll open the floor to public comments so that people can share their feelings pro or con for this controversial proposal.

To help you prepare for the meeting and submission of comments to the Corps and TCEQ, I have added a new page to this site called High Rises. On that page, you will find links to conceptual sketches, details, and videos that the developer has prepared. You will also find links to posts about different aspects of the project. Finally, you will find sample protest letters prepared by experts, should you wish to prepare one of your own.

Meeting Details

The meeting is free and open to the public. Please come and bring your neighbors:

Kingwood Community Center
4102 Rustic Woods Dr.
Kingwood, TX 77345
6-8 P.M.

Below is a map showing the extent of the high-rise development. It extends from Kingwood Lakes on the north to the San Jacinto River and would contain multiple buildings 25-50 stories tall.

The areas labelled Project Area are included in the developer’s permit application. The developer also owns the red area not labeled, i.e., the one west of KSA’s River Grove Park.

The developer plans to add 12 feet of fill to the flood plain, alter drainage, and fill wetlands. Because of surveys either not conducted by the developer or not supplied by the Corps for public evaluation, it’s not clear how this proposal would affect flooding in Kingwood and Forest Cove. Residents in subdivisions such as Trailwood, Kingwood Lakes, the Barrington, Deer Cove, Kings Forest, Kingwood Greens, and North Shore have expressed worries about backwater effects. A total of 650 homes flooded in those areas during Harvey, in part because of blockages in the river.

The developer’s application is based on old flood plain maps which are being revised as a result of Hurricane Harvey. They do not reflect the current conveyance of the river or an accurate extent of flood plains. The Corps has documented constrictions which the current dredging program will not address. During recent minor floods, gages documented a 10 foot difference upstream and downstream of major sediment dams. As a result the project area flooded three times between December 7 of last year and January 7th of this year. Normally, that area floods only once every other year. Still, the effect of persistent flooding on a high-end resort could be devastating. If the development fails, economic blows could ripple throughout the Lake Houston area.

A web site called VTRUSA.com shows the proposed Kingwood project and talks about it as if it exists already. Notice the redundant use of the word “is” in the copy describing the commercial project. Also notice that in one place, the site talks about the hotel, retail, offices and hotel spaces in the project all having 13,050 square feet. Immediately under that, the site claims the development has:

  • 82,500 square meters of retail space (882,750 square feet)
  • 179,780 square meters of offices (1,934,433 square feet)
  • 20,400 square meters of hotel (219,300 square feet)
  • 8,863 parking spaces (about one third of the number of spots at NRG Stadium, which has 26,000)

In total square footage, this is almost three times the size of Deebrook Mall (1.2 million square feet).

Please review the new High-Rise page and join us tomorrow at 6 p.m. Also, please share the high-rise link with any friends, neighbors or relatives who cannot attend. This is a vital issue of public policy that affects the entire future of Kingwood. We need to make sure we get this right. At least, that’s my opinion on a matter of public policy and it’s protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP statutes of the Great State of Texas.

Posted by Bob Rehak on 1/13/2019

502 Days since Hurricane Harvey