Holiday in the Gardens at Mercer Next Week

This is a little off topic. However, the post about Mercer Botanic Gardens generated so much interest that I thought I would follow it up with some good news for all those people still struggling to rebuild their homes after Harvey. Here’s an event at Mercer that the whole family can enjoy. It will help you take your mind off flooding for a day.

 

Holiday in the Gardens and Winter Plant Sale at Mercer

Celebrate the holiday season with music, food, crafts, shopping, and more during Holiday in the Gardens Saturday, Dec. 8 from 11 a.m. to 5 p.m. at Mercer Botanic Gardens.

This family-oriented event offers a holiday market, winter plant sale, and a Children’s Corner. Attractions include face painting, a visit from Santa, and holiday-themed crafts. Entrance is free, and children’s activities are available while supplies last. Food, drinks, and holiday gifts are available for purchase.

Volunteers Needed

Volunteers are needed for Holiday in the Gardens! Anyone who would like to volunteer or has questions can contact Mercer’s Volunteer Coordinator Jamie Hartwell at jhartwell@hcp4.net. New volunteers must complete a volunteer application, available at www.hcp4.net/mercer/volunteering.

Location

Mercer Botanic Gardens is a Harris County Precinct 4 Parks facility located one mile north of FM 1960 at 22306 Aldine Westfield Road in Humble, 77338. Heartfelt thanks go to Commissioner R. Jack Cagle for continuing to believe in this facility and sponsor events like Holiday in the Gardens.

Open to All

Harris County Precinct 4 programs serve people of all ages regardless of socioeconomic level, race, sex, religion, national origin, or physical ability. Anyone seeking additional information or requiring special assistance to participate in any program should contact Mercer at 713-274-4160 or online at www.hcp4.net/community/parks/mercer.

By Crystal Simmons, Harris County Precinct 4

Posted by Bob Rehak with some editorial comments on 11/30/2018

458 Days since Hurricane Harvey

Senator Creighton’s Update on Flood Mitigation Accomplishments to Date

We all have a tendency to focus on what we want to accomplish in the future. Sometimes, especially at the end of a year, it’s also good to take stock of what we have accomplished in the past. State Senator Brandon Creighton put together a newsletter that does just that. It provides a great summary of flood mitigation accomplishments affecting the Lake Houston area since Hurricane Harvey. They include:

  • Rescue operations during the flood
  • Donation drives for relief supplies
  • Passage of $89.3 billion disaster relief bill at Federal level
  • Public hearings to identify things that contributed to the disaster
  • Plea to See – tours of the disaster area by Governor Abbott, Lieutenant Governor Patrick, and Land Commissioner Bush
  • Appointment of Lake Houston area representatives to SJRA board
  • Lowering of Lake Conroe during peak of hurricane season to provide a buffer against flooding
  • Expansion of SJRA’s responsibilities to include flood prevention
  • Passage of Senate Bill 1047. It allows those affected by disaster to pay property taxes in quarterly installments.
  • Start of dredging
  • Installation of new SJRA and Harris County Flood Control District gauges
  • Institution of new policies re: SJRA warning notices
  • Approval of Harris County $2.5 billion flood bond
  • Request for reservoirs along Lake and Spring creeks to reduce inbound water during floods
  • Request for ten additional tainter gates at Lake Houston Dam to discharge water earlier and faster during floods.

One of two dredges on the San Jacinto that will eventually devour the sand bar that now dwarfs it. The sand bar blocks a major drainage ditch. The blockage contributed to the flooding of more than 650 homes.

Many people, including Senator Creighton, played major roles in these accomplishments. For a complete description of who is doing what, download Senator Creighton’s Hurricane Harvey Newsletter.

As we look back at our accomplishments, we should be proud. But we should also not forget that the major work lies ahead. Requesting gates and reservoirs, or even appropriating money for them, is not the same thing as building them. Having a meeting about the mouth bar is good, but not as good as removing it.

In summary, we’ve had a good year, but we can’t let up. The job isn’t done yet.

Posted by Bob Rehak on 11/29/2018

457 Days since Hurricane Harvey

Mercer Botanic Gardens After Harvey: Still One of the Gems of Harris County

Mercer Botanic Gardens has always been a work in progress…perhaps a little more so since Hurricane Harvey. The Harris County Precinct 4 Park – known for its ever-changing natural color, idyllic walkways, and dazzling displays of native plants – took it on the chin during Harvey. The flood devastated plantings and caused some of the worst damage in Mercer’s history. Floodwaters up to eight feet high ravaged paths, buildings, and gardens. They downed trees, ripped beds out by the roots, and buried  everything under layers of  mud.

Downed Tree after Harvey

Flooded Meeting Room

Ruined Beds

Back, Bigger, Better

The Botanic Gardens – a favorite of gardeners, seniors, and parents with small children– offers a civilized version of nature, relaxing strolls while holding hands, quiet contemplation, a place to learn, and a place to forget about all the stresses of modern life.

Now, under the leadership of Jack Cagle, Harris County Precinct 4 commissioner, it’s becoming that again…with some major improvements that will help it better survive future floods. The county and volunteers have spent much of the last year rebuilding, replanting, restoring, and even relocating parts of the facility.

Changes

Plans to relocate parts of the gardens began after the Tax Day Flood damaged areas of Mercer closest to Cypress Creek. The devastation highlighted the need for additional acreage on higher ground. Soon after, The Mercer Society, the nonprofit providing philanthropic support to Mercer, launched the Rebuild Mercer Campaign with a goal of purchasing 34 additional acres. Much of that land had already been purchased when Harvey hit, necessitating even more changes.

By Christmas last year, the Mercer Society (TMS) relocated their Gift and Plant Shoppe to 400 Main Street in Old Town Spring. Filled with botanic treasures, holiday gifts, and an assortment of plants, The Gift Shoppe is open Monday through Saturday from 10 a.m. to 5 p.m. and Sunday from 11 a.m. to 4 p.m.

By March of this year, the Gardens had officially reopened.

In September, more than 100 veterans with The Mission Continues and 17 CarMax employees volunteered to install sod and prepare raised beds throughout the Creekside Ramble and parts of Storey Lake.

Volunteers sod Creekside Ramble

Part of Mercer’s new west side.

Construction of a new library will begin in 2019. And 4.5 acres of additional gardens could be open by Spring.

Cypress swamp on Mercer’s new west side

Where to Find Mercer

Located at 22306 Aldine Westfield Road, just a few blocks north of the airport and 1960, the Botanic Gardens are a 15 to 20 minute drive from Humble and Kingwood.

You and your family may find some of these upcoming events interesting.

Mercer Winter-Spring 2019 Programs

January

Children’s Winter Camp. Wednesday, Jan. 2 through Friday, Jan. 4 from 9 a.m. to 3 p.m. Children can kick off the new year with lessons in healthy cooking at Mercer’s Winter Camp. Following the Learn! Grow! Eat! & Go! Junior Master Gardener curriculum, children will use the Charlie Cart Project mobile kitchen to practice cooking techniques encouraging healthy eating. Children will also plant vegetables, taste fresh produce, and engage in fun, outdoor physical activities. Space is limited, and registration is required. $30 per child. Registration starts Monday, November 19. To register or to receive additional information, call Mercer Botanic Gardens at 713-274-4160.

Lunch Bunch: Palm Textures. Wednesday, Jan. 9 from noon to 2 p.m. Palms add texture to the landscape and make any garden feel like a tropical paradise. Cheyenne Griffin, Mercer Botanic Gardens horticulturist, will discuss these textures and how to protect palms from the cold. Participants should bring a lunch and dress for the weather. Lunch Bunch is a free program offered at Mercer’s East Side Gardens and is recommended for participants ages 12 and older. To register or to receive additional information, contact Mercer Botanic Gardens at 713-274-4160 or mercerbotanicgardens@hcp4.net.

February

Lunch Bunch: The Basics of Backyard and Small-Scale Composting. Wednesday, Feb. 13 from noon to 2 p.m. Experienced horticulturists and gardeners often tout compost as the black gold of the gardening world because of the wonders it can perform in the garden. John Ferguson, owner of Nature’s Way Resources, demonstrates how to produce compost for small and large properties, from the backyard to golf courses. All materials, including tools and equipment, is provided by Mercer. Participants should bring a lunch and dress for the weather. Lunch Bunch is a free program offered at Mercer’s East Side Gardens and is recommended for participants ages 12 and older. To register or to receive additional information, contact Mercer Botanic Gardens at 713-274-4160 or mercerbotanicgardens@hcp4.net.

March

Children’s Spring Camp. Monday, March 11 through Thursday, March 14 from 9 a.m. to 3 p.m. Spring is a time for newness and change. During Mercer’s Spring Camp, children will explore and embrace foods and cooking techniques that encourage healthy eating habits. Mercer’s education staff will utilize the Learn! Grow! Eat! & Go! Junior Master Gardener curriculum and the Charlie Cart mobile kitchen during this unique children’s camp. Camp includes planting vegetables, tasting fresh produce, and engaging in fun, outdoor physical activities. Space is limited, and registration is required. $40 per child. Registration starts Monday, January 28. To register or to receive additional information, call Mercer Botanic Gardens at 713-274-4160.

March Mart Plant Sale. Friday, March 15 from 10 a.m. to 4 p.m. and Saturday, March 16 from 8 a.m. to 4 p.m. Shop a variety of hard-to-find plants during one of the Texas Gulf Coast region’s largest and most anticipated horticultural events beginning Friday, March 15 at 10 a.m., with early shopping for The Mercer Society Members (TMS) at 8 a.m. An invitation only reception and plant sale for TMS Supporting Members and higher begins Thursday, March 14 from 4 p.m. to 7 p.m. All-day express checkout is available for The Mercer Society members only. To receive additional information or to purchase your membership, call Mercer Botanic Gardens at 713-274-4160.

March Mart Training. Individual and group training will be conducted on an as needed basis. All volunteers are welcome to contact the Mercer volunteer coordinator at 713-274-4160 or mercerbotanicgardens@hcp4.net for any questions and additional information regarding March Mart assignments or shifts.

Lunch Bunch: Honeybees and Backyard Beekeeping. Wednesday, March 20 from noon to 2 p.m. Join Jerry Maxwell and Roger Nelson, members of the Montgomery County Beekeepers Association, as they discuss interesting facts and details about honeybees, the amazing role bees play in our environment, and the benefits of pure honey. Learn what it takes to start your own beekeeping adventure in your own backyard. Participants should bring a lunch and dress for the weather. Lunch Bunch is a free program offered at Mercer’s East Side Gardens and is recommended for participants ages 12 and older. To register or to receive additional information, contact Mercer Botanic Gardens at 713-274-4160 or mercerbotanicgardens@hcp4.net.

April

Lunch Bunch: The Incredible Edibles. Wednesday, April 10 from noon to 2 p.m. Join a casual conversation with Marilyn O’Connor, the Herb Lady, and discuss ways to incorporate herbs into your garden year-round. Enjoy hands-on, scratch-and-sniff fun while exploring the textures and fragrances of various herbs. Then, stroll the Herb Garden at Mercer for more inspiration! Participants should bring a lunch and dress for the weather. Lunch Bunch is a free program offered at Mercer’s East Side Gardens and is recommended for participants ages 12 and older. To register or to receive additional information, contact Mercer Botanic Gardens at 713-274-4160 or mercerbotanicgardens@hcp4.net.

Ongoing Events

North Side Greenhouse Team. Tuesdays, Wednesdays, and Thursdays from 9 a.m. to noon. Join a plant committee and grow plants year-round for events and sales or help with various projects from construction to irrigation! Contact Mercer’s volunteer coordinator at 713-274-4160 or mercerbotanicgardens@hcp4.net.

Gardening. Tuesdays from 9 a.m. to noon. Seek out what’s blooming and learn about plant grooming, pruning, and weeding in the Pollinator and Conservation gardens. Wear closed-toe shoes, gloves, and hat, and bring sunscreen and water. Contact Mercer’s volunteer coordinator at 713-274-4160 or mercerbotanicgardens@hcp4.net.

Gardening. Thursdays from 9 a.m. to noon. Take part in plant grooming, pruning, weeding, and mulching in the Prehistoric and Shade gardens. Wear closed-toe shoes, gloves, and hat, and bring sunscreen and water. Contact Mercer’s volunteer coordinator at 713-274-4160 or mercerbotanicgardens@hcp4.net.

Cooking Thyme. Select Wednesdays from 10 a.m. to 11 a.m. Explore fresh food with all five senses during the Cooking Thyme program at Mercer Botanic Gardens. Children will learn the connections between cooking and the plants that grow in the garden and on the farm. This free, hands-on opportunity allows children to prepare and taste foods and equips them with knowledge to make healthy food choices. Cooking Thyme classes for children in kindergarten through second grade are scheduled Feb. 6, March 6, and April 3. Classes for children in third grade through fifth grade are scheduled Jan. 16, Feb. 20, March 20, and April 17. Registration is required, and space is limited. To register or for more information, call Mercer Botanic Gardens at 713-274-4160.

Lunch Bunch. Second Wednesday of the month from noon to 2 p.m. Join fabulous speakers at these free presentations covering diverse topics. Participants should bring a lunch and dress for the weather. Lunch Bunch is a free program offered at Mercer’s East Side Gardens and is recommended for participants ages 12 and older. For more information, contact Mercer Botanic Gardens at 713-274-4160 or mercerbotanicgardens@hcp4.net.

Storytime in the Gardens. Every Monday at 10:30 a.m. In partnership with Harris County Public Library, Mercer presents a unique Storytime in the natural setting of Mercer for parents and children to enjoy together. Storytime garden locations may vary each week. Call 713-274-4160 to find out the location or to check for cancellations due to weather or holidays.

Mercer serves people of all ages regardless of socioeconomic level, race, sex, religion, national origin, or physical ability. Anyone seeking additional information or requiring special assistance to participate in any program should contact Mercer at 713-274-4160 or mercerbotanicgardens@hcp4.net. Visit Mercer online at www.hcp4.net/Community/Parks/Mercer.

Posted by Bob Rehak with help from Crystal Simmons

Photos Courtesy of Harris County Precinct 4

Beauty Courtesy of the Creator

455 Days since Hurricane Harvey

 

Flood-delayed Memorial Hermann Convenient Care Center Finally Opens in Kingwood Town Center

Memorial Hermann’s Convenient Care Center in Kingwood finally opened on November 19, 2018. The original opening had been planned for September 16, 2017, right after Harvey. Remediation and reconstruction due to flooding delayed the opening more than 14 months. The opening represents yet another milestone on the long road to recovery.

Memorial Hermann’s new Convenient Care Center in Kingwood in now open 24/7, even though construction trailers still occupy much of the parking lot. 

Days Away from Opening when Harvey Struck

“When Hurricane Harvey struck, we were days away from the grand opening,” said Josh Urban, senior vice president and CEO of Memorial Hermann Northeast Hospital and Memorial Hermann The Woodlands Medical Center. “Like many others in our community, we experienced significant damage from the storm.”

New Type of Health Care Delivery

The 44,450-square-foot Convenient Care Center will offer adult and pediatric primary care through Memorial Hermann Medical Group. It will also offer comprehensive imaging services, lab services, sports medicine and rehabilitation, and a 24-hour Emergency Room staffed by board-certified emergency medicine physicians and nurses.

“Memorial Hermann’s Convenient Care Centers offer a new approach to health care,” said Teal Holden, senior vice president of Memorial Hermann Ambulatory Services. The Center takes the stress out of scheduling appointments for routine health needs. It offers families primary care connected to a host of conveniently located support services..

Easy Transfer to Higher Levels of Care if Necessary

The Kingwood location is an extension of Memorial Hermann Northeast.  And it connects to the larger Memorial Hermann system. If patients need higher level of care, patients can be transferred to nearby full-service hospitals.

The Convenient Care Center is at the eastern end of the new H-E-B shopping center that flooded so badly. For more information, visit http://www.memorialhermann.org/locations/convenient-care-center-kingwood/

Memorial Hermann has been a large part of the Humble/Kingwood Community for generations. I’m happy to see that MH’s commitment to this facility survived the storm.

Construction trailers still occupy most of the parking lot, but the Center has indeed opened. For those who wondered whether it would ever happen, it’s a welcome sight for sore eyes…and sore backs.

At 10PM Sunday night, Memorial Hermann’s new Convenient Care Center in Kingwood had two cars parked in front of the ER entrance.

Posted by Bob Rehak on November 25, 2018

453 Days since Hurricane Harvey

 

 

Recent Texas Supreme Court Ruling Clarifies Your Property Rights Versus Another’s

Sand miners may argue that their property rights give them an absolute right to do what they want on their own property. However, such claims ignore a 2016 Texas Supreme Court ruling that clarified nuisance law. The very word “nuisance” may conjure up images of “trivial or petty annoyances.” However, people often use nuisance laws to settle serious environmental and property-damage claims.

Texas Supreme Court Case No. 15-0049, Crosstex North Texas Pipeline L.P. v. Andrew and Shannon Gardiner, resulted in guidelines for deciding property rights conflicts in such nuisance claims.

I have summarized the 54-page decision below for convenience, but am not a lawyer and do not offer legal advice. Also, inevitably, editing involves selective omissions. After reading this, if you are interested, I urge you to review the full text of the decision by clicking on the link above.

Details of Case

This case applies to private (individual) nuisance cases. In Crosstex v. Gardiner, the Gardiners claimed that Crosstex built a compressor station adjacent to their ranch that made living there unbearable and diminished the value of their property. Up to four compressors, each the size of mobile homes, ran constantly; at least one ran at all times. According to the Gardiners, they literally shook the ground, caused vibrations, and created as much noise as jet engines or railroad locomotives. They asked the pipeline company to reduce the noise by enclosing the compressors in a building. The pipeline company instead built three walls around the compressors and planted foliage. However, it left the side facing the Gardiners open. A jury awarded the Gardiners $2 million.

Defendants appealed the case. The Texas Supreme Court ruled on it in 2016. The Court’s decision has been lauded nationally because of the clarity it brought to conflicting and confusing precedents in this area of the law. Googling the case shows more than 18,000 references to it, most by law firms, other court decisions, and national media.

What the Decision Includes

In the decision, the Court:

  • Defines “nuisance”
  • Explains that nuisance is a type of legal injury – not a cause of action
  • Discusses types of conduct that create nuisances and legal liability
  • Confirms that whether a defendant is liable presents fact issues for a jury to decide.

Court’s Definition of Nuisance

A nuisance, says the Court, can result from such things as “water, stones, rubbish, filth, smoke, dust, odors, gases, noises, vibrations, and the like.”

Early cases examined by the Court reflected efforts to balance a property owners’ rights. One person’s desire to use his property as he desires should not unreasonably injure a neighbors’ rights to the use and enjoyment of his property. The following passage could have been written about sand mines:

“…When expensive plants have been erected and are used in carrying on a useful business[,] adjacent property owners will not be permitted to maintain actions for every trifling annoyance which such business causes them.” Storey, 226 S.W.2d at 618. But “the fact that the business is a useful or necessary one or that it contributes to the welfare and prosperity of the community is not determinative,” and “the law does not allow one to be driven from his home or compelled to live in substantial danger or discomfort even though the danger or discomfort is caused by a lawful and useful business.” Id.

More recently, however, the Texas Supreme Court has consistently used a more comprehensive definition of nuisance:

“A ‘nuisance’ is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy it.”

The term “nuisance,” they say, does not refer to the “wrongful act” or to the “resulting damages,” but only “to the legal injury—the interference with the use and enjoyment of property—that may result from the wrongful act and result in the compensable damages.”

Requirements

The Court defines nuisance as a legal injury only if:

  • The interference is “substantial” and …
  • Causes “discomfort or annoyance”
  • That is “unreasonable.”

Duration

Further, the Court says, “[T]he duration or recurrence of the interference is merely one—and not necessarily a conclusive—factor in determining whether the damage is so substantial as to amount to a nuisance.”

Support for “Substantial”

“To support a claim for private nuisance, the condition the defendant causes may interfere with a wide variety of the plaintiffs’ interests in the use and enjoyment of their property. It may, for example, cause:

  • Physical damage to the plaintiffs’ property
  • Economic harm to the property’s market value
  • Harm to the plaintiffs’ health
  • Or psychological harm to the plaintiffs’ ‘peace of mind’ in the use and enjoyment of their property.”

“But to rise to the level of nuisance, the interference must be ‘substantial’ in light of all the circumstances.”

“Even a substantial interference, however, does not constitute a nuisance unless the effect of the interference on those who would otherwise use and enjoy their land is ‘unreasonable.'”

Support for Unreasonable

Unreasonable means “the harm resulting from the invasion is severe and greater than the other should be required to bear without compensation.”

Regarding this unreasonableness requirement, the Court highlighted three points.

  • First, it focuses on the unreasonableness of the interference’s effect on the plaintiff’s comfort or contentment, not on the unreasonableness of the defendant’s conduct or land use.
  • Second, unreasonableness must be determined based on an objective standard of persons of ordinary sensibilities, not on the subjective response of any particular plaintiff.
  • Third, as is typical with legal inquiries into reasonableness, the determination requires balancing a wide variety of factors, depending on the specific facts.

In summary, the court said, “Today we clarify that to prove a nuisance (that is, a legal injury based on interference with use and enjoyment of land), a plaintiff must establish that the effects of the substantial interference on the plaintiff are unreasonable—not that the defendant’s conduct or land use was unreasonable.”

Factors That May Be Considered

Determining whether a defendant’s interference with a plaintiff’s use and enjoyment of land is substantial or whether any particular effect of that interference is unreasonable requires consideration and balancing of a multitude of factors. Depending on the circumstances of the case at hand, these may include, among others:

  • the character and nature of the neighborhood, each party’s land usage, and social expectations;
  • the location of each party’s land and the nature of that locality;
  • the extent to which others in the vicinity are engaging in similar conduct in the use of their land;
  • the social utility of each property’s usage;
  • the tendency or likelihood that the defendant’s conduct will cause interference with the plaintiff’s use and enjoyment of their land;
  • the magnitude, extent, degree, frequency, or duration of the interference and resulting harm;
  • the relative capacity of each party to bear the burden of ceasing or mitigating the usage of their land;
  • the timing of each party’s conduct or usage that creates the conflict;
  • the defendant’s motive in causing the interference; and
  • the interests of the community and the public at large.

To summarize and repeat, “nuisance” refers to a “condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy it.”

“To establish such a legal injury, the plaintiff must prove that the interference is substantial and the resulting discomfort or annoyance is unreasonable, but need NOT establish that the defendant’s conduct or land use was unreasonable. That issue goes to whether the defendant can be legally liable for creating a nuisance and we turn to that question next,” said the court. (Emphasis added.)

Three Types of Conduct that Create Liability

The Court recognized three types of nuisance claims based on defendant’s actions:

  • Intentional Nuisance
  • Negligent Nuisance
  • Strict-liability Nuisance

Distinction Between Negligence and Nuisance

Negligence is one way that a defendant can create a nuisance. “To put it bluntly, a nuisance claim based on negligence is merely a negligence claim with harm to interests in use and enjoyment.”); HARPER§§ 1.23, at 102 (although “negligence is one way in which a nuisance may be caused, . . . where that is the case there is no distinction—the two coalesce”), 1.24, at 109 (“To the extent that one fails to take reasonable precautions to minimize the harmful effects of one’s activity, there is a case of common negligence.”)

“We think the better approach to reduce confusion is to clarify, as we do today, that the term ‘nuisance’ refers not to a cause of action or to a defendant’s conduct, but to the legal injury that the conduct causes and that gives rise to the cause of action.”

“We have no difficultly concluding that a defendant can be liable for ‘negligently’ causing a ‘nuisance,'” says the court. “In this category, the claim is governed by ordinary negligence principles. The elements the plaintiff must prove are ‘the existence of a legal duty, a breach of that  duty, and damages proximately caused by the breach.’”

Inappropriate Place or Abnormally Dangerous Activities

Even in the absence of intent or negligence, “a nuisance may arise where the defendant carries on in an inappropriate place an abnormally dangerous activity [that] necessarily involves so great a risk to its surroundings that its location may be considered unreasonable, and a strict liability may be imposed.’ PROSSER, 3d ed. § 88, at 596–97.” (Emphasis added.)

As I read this section of the decision, I thought about sand mining on point bars along the San Jacinto. Numerous academic studies cite river capture of the pits during floods as a “virtual certainty” over time. In fact, many of the pits were captured during several recent floods, not just Harvey. And as a result, much sediment was carried downstream which contributed to flooding that damaged homes and businesses.

Given the location of most of the West Fork mines:

… one could argue that pit capture and its consequences were eventually inevitable.

Sand mine pit capture during Harvey. The river took a shortcut across a point bar through the mine, sweeping sediment downstream. 

During Harvey, floodwaters swept through this complex and breached dikes in multiple locations. 

Some of that sediment now is likely part of this giant sand bar that was deposited during Harvey. It blocks the drainage ditch that empties the western third of Kingwood. Approximately 650 homes above this one blockage flooded during Harvey. While the sandbar looks small from the air, it is up to 15 feet high.

Liability Possible Even When Not Negligent

One precedent cited in the decision was a defendant who stored large volumes of water in a reservoir on his land. He was strictly liable for damage that resulted when the water escaped, “however skillfully and carefully the accumulation was made,” because the otherwise-unrestrained water was a “dangerous substance.” Later, the court observed, “the question is not really the nature of the defendant’s original conduct but whether he shall be permitted to continue it.”

“The mere fact that the defendant’s use of its land is “abnormal and out of place in its surroundings” will not support a claim alleging a nuisance; instead, in the absence of evidence that the defendant intentionally or negligently caused the nuisance, the abnormal and out-of-place conduct must be abnormally ‘dangerous’ conduct that creates a high degree of risk of serious injury.”

Remedies

“It is well-settled,” says the Court, “that three different remedies are potentially available to a claimant who prevails on a private-nuisance claim: damages, injunctive relief, and self-help abatement.”

However, not all remedies are available in every case. “Unlike the determination of whether a nuisance occurred, the decision to enjoin the defendant’s conduct or use is “a discretionary decision for the judge after the case has been tried and the jury discharged.” Damages could even include the cost of restoring land, says the Court.

Temporary vs. Permanent Damages

When the nuisance is temporary, the claimant may recover “only such damages as have accrued up to the institution of the suit or … to the trial of the action.”

When the nuisance is permanent, the claimant may recover lost market value.

Decision in Crosstex v. Gardiner Case

Said the Court: “The duty that Crosstex owed to the Gardiners was the duty to do what a person of ordinary prudence in the same or similar circumstances would have done. See Timberwalk Apartments, 972 S.W.2d at 753; see also Elliff v. Texon Drilling Co., 210 S.W.2d 558, 563 (Tex. 1948) (“In the conduct of one’s business or in the use and exploitation of one’s property, the law imposes upon all persons the duty to exercise ordinary care to avoid injury or damage to the property of others.”); Rhodes v. Whitehead, 27 Tex. 304, 307 (1863) (“The great principle which seems to control all the modern cases is, that men must so use their own as not to injure the rights of others, or to incommode others; they must not endanger health or comfort, or produce inconvenience, and there can be no prescriptive right in a nuisance.”)

Further, the court observed that: “The evidence of that breach included testimony that the noise was louder than even Crosstex anticipated, that the mitigation efforts Crosstex implemented did not lessen the noisome interference, and that Crosstex could have taken other steps to mitigate the noise but chose not to because of cost considerations. We agree with the court of appeals that some evidence supports the jury’s finding that Crosstex acted negligently in creating the condition that the jury found to constitute a nuisance.”

Net Takeaway on Nuisance

The court concluded:

“We hold today that the term “nuisance” describes a particular legal injury involving interference with the use and enjoyment of property but does not describe a cause of action; that a defendant can be liable for intentionally or negligently causing a condition that constitutes a nuisance; and that neither claim requires a separate finding that the defendant unreasonably used its property when creating a nuisance.”

My observations about sand mining within this review are matters of opinion on public policy and not intended to be legal advice. They are 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 November 24, 2018

452 Days since Hurricane Harvey

Additional Dredging on the Horizon in 2019

Reprinted verbatim from Council Member Dave Martin’s announcement:

The “Mouth Bar,” a giant sand bar that blocks the West Fork of the San Jacinto, backing the river up into Kingwood and Humble. Water depth is generally 1-3 feet around this bar. Max channel depth in places is just 5 feet.

Houston, TX – Council Member Martin would like to make District E residents aware that the City of Houston continues to make progress towards Harvey Recovery with both state and federal agencies. Over the last fifteen months Council Member Martin has been working diligently with Chief Resiliency Officer Stephen Costello, Mayor Sylvester Turner, Governor Abbott, Chief Nim Kidd, as well as the offices of Senator Ted Cruz and Senator John Cornyn towards several initiatives that would have a positive impact on the Lake Houston Area.

Most recently the Texas Water Development Board (TWDB) has completed the bathymetry study of the West Fork of the San Jacinto River for the City of Houston. Data from this study has been given to the Army Corps of Engineers (ACOE) to determine the amount of sediment that resulted from Hurricane Harvey. This information is useful because this study identifies underwater topography allowing the City to understand where the additional sediment brought in by Hurricane Harvey has been deposited in the river and lake as well as changes in depth.

The TWDB continues to survey the entire lake for the Coastal Water Authority (CWA), the agency that contracts with the City for management of the Lake Houston Spillway Dam. The schedule for the TWDB to complete their survey of Lake Houston is Summer 2019. In addition to conducting a bathymetric study the City of Houston is currently reviewing data collected by the ACOE during a recent Light Detection and Ranging (LIDAR) study which uses light in the form of pulsing lasers to measure the distance from the water’s surface to the bottom of the river and lake. Capacity losses due to sedimentation in the lake as well as East and West Forks of the San Jacinto River will be determined using the LIDAR data along with the completed bathymetric study once the TWDB has completed their survey and report.

The LIDAR study allows the City to map changes in shoreline as well as make digital elevation models. It is this data that is assisting the City and ACOE in determining the amount of sediment that needs to be removed from locations along the West Fork of the San Jacinto River like the “mouthbar” that is located just south of the Deerwood Country Club. The LIDAR Study results will also be used by the Harris County Flood Control District (HCFCD) for the creation of new flood insurance rate maps because of the changing rainfall patterns published by the National Oceanic and Atmospheric Administration. The flood insurance map study will utilize updated LIDAR surveys of the entire county and will take several years to complete, however HCFCD is already hiring consultants to assist with this work.

On October 11, 2018, Council Member Martin met with Governor Abbott’s Executive Staff, TDEM, FEMA, and ACOE in Austin where a lengthy discussion was had about the amount of sediment deposit that will still remain in the San Jacinto River after the current emergency dredging project is completed. The current emergency dredging contract is not scheduled to be complete until the end of April 2019. At this meeting the City’s consultant estimated that after the completion of the existing dredging project that there will be approximately 500,000 cubic yards of additional sediment that needs to be removed from the river known in the community as the “mouthbar”.

This estimate however was based on a comparison between the LIDAR study completed by the ACOE this year and a bathymetric study completed by the TWDB in 2011. The important takeaway from this meeting in October is that FEMA agreed that the additional sediment qualifies as Harvey debris however, the estimate of 500,000 cubic yards was not a true amount directly associated with Hurricane Harvey. The City does not have survey data that is immediately pre and post-Harvey which would provide us a true amount of residual sediment that is a direct result of Hurricane Harvey. The City is currently waiting on the ACOE to complete its analysis of the City’s data.

At the meeting in Austin the ACOE indicated that an additional disposal site would be needed in order to remove the additional material. As a result the City of Houston has been proactive in identifying a site, thanks to the assistance of a local landowner that has property on the south side of the West Fork of the San Jacinto. The land owner has retained an environmental consultant to determine any possible wetland issues that may prevent use of the property for disposal. As of right now it appears the property is a viable site and a formal permit was filed with the ACOE this week.

In summary, the process to have the “mouthbar” removed from the West Fork of the San Jacinto River has been an arduous one. All parties from local, state, and federal agencies have been working together to accurately define the area needed for additional removal so that capacity can be restored to the river and reduce the effects of future flooding. The removal of the “mouthbar” cannot begin until the existing emergency dredging along the West Fork of the San Jacinto River is completed. Since this is a reality the City is doing all that it can to be proactive in securing land as well as permits for the “mouthbar’s” removal once the existing project is completed by the ACOE in April. This will allow the ACOE to keep equipment and crews in place without the need for demobilization and remobilization, saving roughly $18 million.

In observance of Thanksgiving the District E office will be closed Thursday, November 21 and Friday, November 22. The District E team will return to the office on Monday, November 26. Council Member Martin would like to wish all District E residents a safe and happy Thanksgiving holiday. For more information regarding this release, please contact Council Member Martin’s office at (832) 393-3008or via email at districte@houstontx.gov.

-end-

By Dave Martin’s Office on 11/21/2018

449 Days Since Hurricane Harvey

Why You Should Be Concerned About Sediment and Sand Mines

For readers new to the site, I’d like to explain why I frequently mention sand mines in posts.

Bright, White Trail of Sand from the Mines

Shortly after Harvey, I became alarmed by the huge buildups of sand and sediment along the banks of the San Jacinto and in the river itself. I rented a helicopter to see if I could determine where it came from. It didn’t take long. I found bright, white trails of sand and monstrous dunes leading from sand mines on the East and West Forks of the San Jacinto all the way downstream to Lake Houston. I posted four hundred and fifty photos that I took that day (9/14/17) in the gallery section of this web site. See for yourself.

A six foot high dune – not present before Harvey – now virtually blocks the West Fork just south of the Kingwood Country Club.

Possible Sources

TACA claims that all the sand came from somewhere else, a contention that I have always found self serving and hard to believe. Miners exposed approximately twenty square miles of sand surface  to 131,000 cubic feet of water per second at the height of Harvey. As one of the world’s leading hydrologists told me, “The miner’s claims don’t appear plausible.”

Sand certainly came from other sources. But I believe my own eyes. Review the photos and Google Earth for yourself. You can see far more sand in the river and on the banks now than before. It had to come from somewhere.

Harvey deposited sand four to five feet deep along both shores of the San Jacinto for miles.

Sand now reaches into the tree tops at the West Lake Houston Parkway Bridge and blocks water from flowing under it.

The problem comes in determining how much came from different sources: Spring Creek, Cypress Creek, West Fork, Peach Creek, Caney Creek, East Fork, channel scouring, channel widening, sand mines, sand stockpiles, urbanization, etc. The short answer: some came from all of the above. How much came from each source? I personally can’t say with certainty.

So why should you worry about sand mines then?

Restoring Channel Conveyance is Costly

The U.S. Army Corps of Engineers is currently trying to remove 1.8 million cubic yards of sediment from a 2-mile stretch of the West Fork. Their objective: restore channel conveyance to the river between River Grove Park and King’s Harbor. Cost: Approximately $70 million.

That project will NOT include the “mouth bar” between King’s Point and Atascocita Point. Estimated cost of that project: another $100 million…if it happens. And we have not yet even estimated the cost of dredging the remainder of the West Fork, the East Fork, and channels down through the FM1960 bridge.

Other Concerns

HGAC has discovered alarming levels of bacteria in both forks of the San Jacinto and linked the levels to sedimentation.

The capacity of Lake Houston is rapidly decreasing at a time when the City of Houston plans to radically increase the number of people using its water.

River migration could soon capture a number of abandoned sand pits, increasing levels of sediment in the river.

It could be years before land for additional upstream detention is identified and purchased. Harris County and the SJRA are still awaiting funding from FEMA for the study that will help identify the best locations. FEMA has studied the study since April.

Stephen Costello, the City’s flood czar, told a meeting of residents at the Kingwood Community Center in October that additional flood gates for Lake Houston could take 5-10 years.

It’s Time for Progress, Not Promises

The next legislative session starts in less than two months. Two things we can focus on NOW: strengthening sand mine regulation and putting some teeth in the TCEQ. Let’s get the sand mines out of floodways. Let’s establish an erosion hazard zone like they have on the Brazos.

Other mitigation projects to reduce flood risk are far off. And if the mouth bar project is delayed, any additional sediment coming downstream will likely be deposited behind the bar in the heavily populated Humble/Kingwood/Atascocita corridor again.

The risk of a future flood could be catastrophic to the community. Dozens of people I have interviewed have told me that they are rebuilding now based on the Mayor’s assurances of additional dredging, upstream detention and flood gates. However, they say they will never rebuild again if flooded a second time.

It’s been 448 days since Hurricane Harvey. We need progress, not promises.

As always, these are my opinions on matters of public policy. They are 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 November 19, 2018

448 days since Hurricane Harvey

 

Tax Bill Inequity: How You Make Up for Sand Miners

‘Tis the season…for tax bills. As I paid mine this weekend, I reflected on how Montgomery County’s under-appraisals of sand mines resulted in over-taxation of other properties there and elsewhere. Here’s how.

Lone Star College System Provides Basis for Comparson

The Lone Star College System taxes property in several counties including Montgomery and surrounding counties. That includes northern Harris County. Lone Star’s tax rate is identical in each: 0.107800. However, because Montgomery County consistently under-values sand-mine properties, other property owners there and in surrounding counties must pay more than their fare share of Lone Star taxes to balance Lone Star’s budget.

In September, I ran a series of posts focused on sand mine appraisals in Montgomery County. The first examined the sand mine on the East Fork. The second examined multiple sand mines on the West Fork. The third talked about how Montgomery County consistently under-classified the use of sand-mine land. Of the 53 different parcels of land sampled, not one was classified as a sand mine.

Montgomery County classified:

  • 16 parcels as “Timber” even though there was no or little timber on them and the land was clearly being used for sand mining.
  • 31 parcels as “Vacant” despite mining operations on the property.

To be fair, miners had not yet timbered parts of several parcels intended for expansion.

The Timber Dividend in Sand Mines

I started digging back into the sand-mine property tax bills to see how much of a break these big businesses were getting compared to me.

One 10-acre parcel owned by Guniganti Family Property Holdings on the East Fork (see below) received a timber exemption even though there’s scarcely a tree on the property and the land hasn’t been in timber for years. It clearly doesn’t meet the qualifications for the timber exemption as outlined by the Texas State Comptroller. The official that I talked to in the Montgomery County Appraisal District office agreed.

Montgomery County Parcel R53336, part of the Guniganti mine on the East Fork. Tax due to the Lone Star College system equals $10.78 for all ten acres thanks to a timber exemption. The 10 acres is inside the aqua-colored line.

 

Guniganti LSC tax bill for ten acres above shows $10.78 total for ten acres thanks to the timber exemption.

On those 10-acres, the Guniganti’s paid a total of $10.78 in tax to the Lone Star College System or $1.08 per acre. By comparison, I paid $338 to Lone Star for my one-acre residential lot in northern Harris County. That means, the Guniganti’s paid 313 times less per acre for their income producing property. And they own more than 1700 additional acres of land with the timber exemption.

Another example: Edward Boettcher Jr. from Brenham owns one sixth of a 367-acre parcel on the West Fork also used for sand mining. He received a timber exemption on his property which reduced the LSC taxable value by 96%. That meant he paid a total of $11.28 to the Lone Star College District for his 61-acre share of the income-producing property. He paid $0.18/acre – 1878 times less than I paid. 

Boettcher will pay only $11.28 to LSC on his share of one-sixth share of 367 acres.

Vacant Land That’s Not

And what about that land classified as “Vacant”?  RGI Materials owes Lone Star $296.27 on 134.6 acres of land, or $2.20/acre – 154 times less than I paid as an individual on non-income producing land.

RGI did NOT have a timber exemption so they paid $296.27 to LSC in taxes on 135 acres classified as vacant.

Inconsistencies Abound

The 53 different parcels of land examined in September received 10 different types of classifications even though they were all being used for the same purpose – sand mining. Only one parcel was classified as commercial and only two were classified as industrial. The vast majority were classified as vacant rural land or timberland. After calling these inconsistencies to the attention of the Montgomery County Appraisal District almost two months ago, it appears that little or nothing has changed. Spot checks failed to turn up any reclassifications. Vast differences and inconsistencies remain…even among sand mines.

By the way, the state comptroller’s office says, and I quote, “Sand mines should be classified as sand mines.” That means they should be valued according to their income producing potential. It doesn’t appear that Montgomery County appraises them that way; the values rarely change from year to year – not what you would expect from depleting assets.

Season for Sharing

Yes, ’tis the season for sharing. And those generous sand miners are sharing their tax obligation with you through dubious exemptions, mis-classifications, and valuations that have nothing to do with the income-producing value of the land.

Someone has to make up the difference in the Lone Star College System budget and luckily (for the sand miners), that’s you and me.

These appraisals and tax bills illustrate how we’re all connected. It also underscores the need for consistent appraisals and state oversight of appraisal districts.

Luckily for residents of Harris County, only the Lone Star College portion of tax bills is affected. Residents of Montgomery County, however, take the full hit; all portions of those tax bills are affected.

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 11/18/2018

447 Days since Hurricane Harvey

PS: I should add that the Lone Star College System has nothing to do with appraisals or exemptions.

 

The Great Escape: Rebecca Johansen’s Hurricane Harvey Experience

Rebecca Johansen is a Kingwood-based CPA, specializing in taxes. Before Hurricane Harvey, using technology and remote capabilities, she was able to work primarily from her home in the Enclave. Almost 15 months later, she’s finally back in her home, but “scared to death” of the possibility of another flood. Her journey since Harvey has been a remarkable blend of heroism and humility. The only constants in her life have been stress, Lysol and sleep deprivation. Now, at age 62, her main goals in life are simply to enjoy the holidays with her family and not see a waterline on her walls. This is the sixth in a series of interviews with Harvey survivors.

Rebecca Johansen today in her kitchen, remodeled for the second time in two years. Her elderly neighbor, Jean, perched on the granite countertop during Harvey, waiting for rescuers.

Rehak: Tell me about the night of the flood.

Johansen: I owned a small generator. I remembered being without electricity during Ike for two weeks and didn’t want to go through that again. I didn’t think we would flood, but I was certain we would lose power.

Helping Elderly Neighbor

After I got my generator started, I went over to my neighbor’s house. She was 85 at the time. Her name is Jean. I said, “Come on. You’re spending the night at my house.” She refused at first, but I didn’t want her to be there by herself in the dark, especially if we flooded. She had almost drowned as a young girl and was deathly afraid of water, so we packed her medications and a change of clothes. I set her up in a spare room with a little lamp and a TV. About 10 p.m., Jean went to sleep.

Shortly after that, things started to go downhill. We started getting water in the garage, so I had to turn off the generator. Then, it was pitch black. I thought we would just get an inch or two, so I started putting stuff up on tables.

Calls for Help Go Unanswered

It was kind of hard to do in the dark. Then about 2 o’clock in the morning, water started coming in the house, too. After a while, I figured I had to get Jean someplace safer, so I put her on my kitchen counter. I told her that as soon as daybreak came, I would try to get us help. But the water was coming up pretty fast. I called 911, but I couldn’t get through.

Desperate Attempts to Attract Rescuers

When daybreak finally came, the water was coming up and up and up. I went out into the street because I could hear helicopters. But we have so many trees. They couldn’t see me. Eventually the water in the street was up to here (gesturing to her chest).

I tried crawling up on the brick wall between our houses, anything to be seen. No luck. I kept going out to find help and back in to check Jean. This went on for a while.

Eventually I made my way down the street, waving a white shirt. Finally, a helicopter saw me. They looped around and lowered a man down on a cable.

I was so worried about Jean. At one point, I went back in to check on her and she saw one of my shoes float by. She said, “Rebecca, I always did like those shoes.” We both laughed.

Rehak: You were rescued by helicopter?

Evacuation and Search for Remaining Residents

Johansen: No, he called for a boat. I can’t say enough about how professional everyone was. He was so kind. Jean was stressed. He reassured her. He said, “Everything’s going to be OK.” Then he took her up in his arms. By that time, a Coast Guard woman had come in and the two of them got her in the boat. They were just stellar.

They asked me if I knew who else on the street needed to be rescued. Then I told them about another neighbor. They went to her house and banged on the front door, but no one answered. They came back and said, “No one’s home, so we’re moving on.” I said, “I can’t believe that she isn’t there. She wouldn’t just leave the two of us here if rescuers came.”

Rescuing More Neighbors

We were about to leave. They had called another boat in to help a lady across the street. Our boat just idled for a minute to make sure they didn’t need assistance when I saw my other neighbor waving in the front window. I said “She’s there! We gotta go back.” So they went back and came out with this large suitcase. Presumably, she had been in the back of her house packing some things when they first knocked and didn’t hear them. She followed them out with another bag and a cat in one of those cat things. Then we left by boat.

“Wearing” Debris on Long, Wet Boat Ride

I had debris all in my hair and clothes. The debris that came through there was just unbelievable.

Rehak: Give me some examples.  Woody?

Johansen: That kind of stuff, plus trash. I didn’t even realize at the time that the floating debris had injured me. You’re just in “fight or flight” mode. This whole arm was black and blue. It looked like someone had just beat me.

Chemical storage tank that washed up in Rebecca Johansen’s yard during Harvey.Note mud line on wall relative to the height of the people on the right.

So, they get her in the boat. We pull out. We’re on our way across Kingwood Drive, through the H-E-B parking lot, It’s pouring rain. They dropped us off by the Park ‘n Ride. We had to walk a fair distance to where you could get a ride.

Volunteers Help Transfer to Creekwood Middle School

Finally, a very nice man with his wife and daughter took us over to Creekwood Middle School in their pickup.

Rehak: Did Creekwood stay dry throughout the ordeal?

Johansen: Yes, but there was no power. Jean has compromised lungs, so I was very worried about her. She got soaked.

I said, “Jean, we have to get you into some dry clothes.” So, we go in the ladies’ room. I had a little flash light. It took her about 20 minutes to change into dry clothes, then I changed. My clothes weren’t dry, but at least they didn’t have twigs in them.

At Creekwood, the community response was overwhelming. Drinks. Water. Snacks. Clothing. Shoes. People brought food and everything you could imagine. It was amazing how quickly people responded. Just amazing.

So Bruised, Doctor Suspected “I was Battered Wife”

The next day I got an infection. Of course, I’d lost my car, so I got a ride to a clinic. I told the doctor I was there for an infection and he looked at me like I was crazy. I think he thought I was a battered wife.  He said, “What in the wide world happened to you?” It was from all the flood debris bumping into me.

Rehak: How long were you in Creekwood?

Johansen: Not long. Jean’s son-in-law and daughter live in Kingwood Lakes. She has another daughter who lives in Atascocita. They were frantic, just beside themselves, worried about Jean. I let them know that she was OK and that I had her at Creekwood. They had flooded too, but had some friends pick us up. Thank God, we didn’t have to worry about that, too!

Sheltered by Strangers

For the first few days, we all stayed with the friends. I didn’t know them, but Jean said, “Stay with me.” She wanted us to be together, so I stayed four or five days, then found somewhere else.

(Johansen chokes up at this point.)

Rehak: How long did it take you to get back to your house after the flood?

Johansen: The water came up fast and went down fast. We got rescued sometime during the morning. Then a couple of days went by. I guess it was on the third day that I got to my house.

The water had drained out. It was just mud, gunk, and a couple of dead fish. It’s amazing how 40 inches of water can move things around your house. The refrigerator turned over. Furniture scattered everywhere. The garage doors buckled from water pushing against them. It was the worst sight you can imagine.

No Warnings to Evacuate

Rehak: Did you get any warnings to evacuate?

Johansen: No.

Rehak: Did you know that they were releasing water from the dam?

Johansen: No. I figured they would have to release something, but nothing like what they released. I was more worried about the power outage than the flood.

Rehak: When you first sensed that water was coming in the house, was it already too late to get your car and evacuate?

Johansen: Yes. No one could get out. Before nightfall, Kingwood Drive was already blocked off.

To not start the dam release earlier and issue proper warnings…someone really dropped the ball. That’s my personal feeling. A week before, we all knew that this storm was going to move slowly and drop a lot of rain, so I’m at a loss as to why there wasn’t an earlier release.

Battling Inexperienced Insurance Adjuster

Rehak: Did you have flood insurance?

Any place can flood. The drain on your street could get plugged with debris and you would flood. I never thought I’d need it, but yes, I had it. Thank God.

Rehak: Did you battle with adjusters and contractors?

Johansen: I think my first adjuster had never done any adjusting before. She was terrible. I ended up being a squeaky wheel. I couldn’t even get her out to the property. Eventually I got through to somebody. My insurance agent, called me. He said, “Rebecca, I don’t know whose cage you rattled, but they are going to call you and offer another adjuster. I got a call within the hour. He showed up at 8 a.m. the next morning.

At that point, I was still pretty sleep deprived. I forgot to discuss some things. So I called him back the next morning. He said, he would proceed quickly and not to worry. After three and a half weeks of hell with the first adjuster, this guy got it done in two days. I guess my perseverance paid off.

Everything was a battle at that time. You have to get a contractor. File insurance claims. Buy a new car. Find a place to live. Fight for attention with millions of other people! All at once.

Lucking Out with Great Contractor

Luckily, I had a great contractor, Randy White, owner of Superior Home Renovations. He had done my kitchen the year before. Unfortunately! (We chuckle at her joke, i.e., how she got to replace her kitchen twice in one year.)

Randy is a very good man. He’s local. He does excellent work. He’s honest. And right after the flood, he showed up to check on me to see if I was OK. Randy White was a godsend. I like him personally and I would recommend him to anyone. He’s been there for me through this whole thing.

Rehak: How long did it take him to get all the work done?

Johansen: Until mid-June. They’re still working on some things. Like I just got the exterior painted last week. But the house is basically complete. They’re just finishing punch-list items. I’m so grateful that I have Randy.

Jean Gets Back in Her Home

Rehak: What happened to Jean?

Johansen: Jean wanted to get back in her house. Kyle and Charlie Campbell, her daughter and son-in-law found a contractor for her. They hadn’t even started on their own house by the time they got Jean back in hers. Right after the flood, she was very ill with pneumonia and was hospitalized. She had a rough time, so she was everyone’s focus.

Kyle and Charlie are now working on their house in Kingwood Lakes while living with Jean.

Enclave Still the Place to Be

Rehak: Tell me about the Enclave.

Johansen: You know before the flood, people were clamoring to get into that neighborhood. Location. Location. Location. Houses were selling quickly … especially if they had updates. Everybody wanted to live in the Enclave. It skewed to retired people because it’s one story, small yards, that kind of thing. But there’s a mixture of people. The location is wonderful; there’s so much that’s walkable. You could live your life and not go much more than a mile in any direction.

I love it; I intend to live the rest of my life there as long as I’m healthy enough. But if I go through another flood again, I won’t rebuild.

Single and Senior: How She Did It

Rehak: You’re single?

Johansen: Yes.

Rehak: That makes it harder.

Johansen: Yep. No back up. Everything is on your shoulders. My livelihood. Everything.

Rehak: How did you do it?

Johansen: “One hour at a time. Also, I ended up staying with a friend who was also a client. Her husband passed away about four years ago. She travels a lot. She doesn’t have any children. And she’s super nice. She said to me, “Rebecca, I’m gone quite a bit. Why don’t you stay at my house? It’s quiet.” She lives in Sand Creek. So I stayed there and am grateful for all that she did for me. I was working seven days a week. You don’t ever do it all by yourself. People help. I was lucky to have my son, daughter, family, and so many friends and colleagues who reached out to help me. I can’t thank them enough.

Best Way to Help: “Just Show Up”

Rehak: Tell me about the help you got.

Johansen: This whole thing taught me something. If something really bad happens, and I am in a position to help, I’m not going to call and say, “What can I do to help?” I’m just going to show up. That’s what you do. You just show up. You look around and you start doing things. The people that did that for me were so special. I will be forever grateful.

Rehak: Before the flood, you worked primarily at home. Did you lose a lot of records?

Johansen: Yes. A lot of equipment was destroyed along with most of my physical files. Luckily, my main computer, laptop and backup hard drive survived.

Ensuring Flooded Files Were Destroyed Properly

Rehak: What did you do with all the files that flooded?

Johansen: That was one of the most stressful parts of the flood. I had fourteen 4-drawer file cabinets locked up in my garage and several inside. Each flooded except for the top drawer. I had to figure out how to destroy all the flooded records. No one would take them wet and you can’t just have somebody haul off records like that. I had to find a safe way to dispose of them.

I pulled all the drawers out and ServePro built a tent over them in the garage. Dehumidifiers and fans ran under the tent for four and a half weeks. When I took the tent off, I found the paper had expanded so much, it buckled the drawers. I couldn’t get anything out!

So one Sunday, we loaded all the drawers up in trucks and drove them a hundred miles north of Houston to some private property. With a hammer, I beat all those file drawers apart and got the files out.

Then we poured diesel fuel over them. It was hard to get them to burn at first. But eventually, they did. It took all day. I got back very late that night.

Late-Night Resurrection of Crucial Files

Once I got that off my plate, there were some files we had to resurrect. They went back under the tent for another week. They came out gnarly looking, let me tell you. Mud and gunk everywhere. When they were all dry, I sprayed them with Lysol and once that dried, I boxed them. Every day, I was up at my new office location till all hours peeling papers, making copies, shredding and reconstructing. A friend called me in December and said, “OK, what letter of the alphabet are you up to now?”

I was working at that seven days a week, 10 to 12 hours a day, just trying to get back to where I could function.

Rehak: Will you ever go back to working at home?

Johansen: The thought of going through that again just scares me to death. I can’t do it.

“I Know This Has Changed Me”

Rehak: What do you want your future to be? (I catch her off guard. There’s a LOOOOOONG pause.)

Johansen: You know I’ve been in recovery mode so long, I’ve just started to think about that.

I want to have a little family reunion with my son and daughter up near Seattle. We’ve arranged a trip to a little Bavarian town in the Cascades called Leavenworth. I just want to be with my kids. (Choking up again.) It’s kind of hard to talk about. I know this has changed me.

Rehak: How so?

Johansen: Well, it’s definitely taken a physical toll. I’ve started to think about what I want to do with the rest of my life and how I want to live it, because all you have is today.  Things can change just like that (snapping fingers).

I’d also like to have a little bit of peaceful time back in my house and not see the water line on the wall.

Rehak: (Joking) Gee, you want it all!

Johansen: (Laughs)

 

Posted by Bob Rehak on November 15, 2018

443 Days after Hurricane Harvey

Whose Property Rights are More Important? Yours or Sand Miners’?

In the next two months, I expect to see legislation filed that will strengthen regulations on sand mining. Hopefully, legislation will prevent dangerous practices by the mining industry that have put residents at risk in the past.

Perhaps we can compromise on legislation that lets miners exercise their property rights without harming the property rights of others…or their incomes, safety, and families.

This is another post designed to raise awareness of sand mining problems and how other states have solved them. One of the main problems with sand mining in Texas: virtually all miners locate their mines in floodways. That almost guarantees a phenomenon called pit (or river) capture. Washington State has discovered the following about pit capture.

Causes of Pit Capture

Sand-pit capture happens when pressure from floodwater breaks through dikes and takes a short cut across sand mines instead of following the river’s course. A scientific paper called “Flood Plains, Salmon Habitat, and Sand and Gravel Mining” by David Norman and C. Jeff Cederholm describes the process.  The paper, published in Washington Geology by their Department of Natural Resources, says pit capture is almost inevitable in the long term.

“Regardless of the best planning and intentions, impacts of flood-plain mining may simply be delayed until the river is captured by the … pit,” they say. “While capture may not occur in the next 100-year flood event, it is likely to occur in the future as development and consequent flood magnitude increase. In the long term, stream capture by (sand and) gravel pits is a near certainty.”

Consequences of Pit Capture

The paper cites more than three dozen examples of pit capture. Consequences include:

  • Lowering the river bed upstream and downstream of mining operations
  • River bed erosion and (or) channel incision
  • Bank erosion and collapse
  • Undercutting of levees, roads, bridge supports, pipelines, utility towers and other structures
  • Increasing suspended sediment
  • Deposition of silts

I have described how those consequences happen in several previous posts. Also, the paper describes the processes in detail, so I will not repeat the explanations here.

As in Washington, the Houston area has had many instances of sand-mine pit-capture.

Video Shows Simulation of Pit Capture

This short YouTube video may help you visualize how this process works. A company called Little River made it with funding from the EPA and State of Missouri. Little River specializes in table-top, tank experiments for science classes. This video shows  how pit capture happens and how erosion results.

Depending on the area and depth of the pit, and sediment volume carried by the river, it could take “millennia” to restore the natural environment after pit capture.

Operators’ attempts to prevent pit/river capture by armoring dikes and channelizing rivers often accelerate floodwaters and increase erosion downstream, say the authors (page 13 and figure 17) .

Cures for Pit Capture

The Washington State Department of Ecology Shoreline Management Handbook recommends locating mining activities “outside the shoreline jurisdiction.” They recommend 200 ft. from the floodway or off the 100-year flood plain. The latter coresponds to Texas regulations for the John Graves Scenic Riverway District on the Brazos River.

Immediate Reclamation for Each Segment

The Washington State Department of Natural Resources administers their Surface Mine Reclamation Act (RCW 78.44). It generally requires reclaiming mines immediately after each segment is mined. The 1993 revision of this law requires that most mines in flood-plain environments be reclaimed as beneficial wetlands.

Avoiding pit capture requires thorough and immediate reclamation because of river migration. The longer a pit goes before reclamation, the greater the likelihood that river migration will capture it. We saw an example of that on the San Jacinto. The river is migrating 12 feet per year and is 38 feet away from breaking into a major sand pit.

The immediate reclamation requirement could benefit Texans. Texas law requires sand miners to file a reclamation plan to obtain a permit. However, there is no requirement to execute the plan before leaving the property. Many simply walk away from their obligations, much to the detriment of surrounding property owners and the safety of the public. Requiring miners to reclaim one section of a mine before permitting another would give them a powerful incentive to reclaim land.

Substitution of crushed concrete or quarry rock for gravel also has distinct environmental advantages.

Safeguards for Flood-Plain Mining if Necessary

The authors conclude: “If mine plans call for sites on flood plains, then wide, topographically higher, and thickly vegetated buffers should be considered as a means of reducing the probability of river avulsion in the near term. However, in most instances, buffers only delay the inevitable.:

“Determining an adequate distance between the flood-plain mine pit lake and the river will depend on understanding the rate of river meandering and the risk of avulsion.”

As always, these are my opinions on matters of public policy. They are protected by the First Amendment of the United States Constitution and the Anti-SLAPP statutes of the Great State of Texas.

Posted by Bob Rehak on August 13, 2018

441 Days since Hurricane Harvey