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Northpark South Will Drain Through Sand Mines

11/18/23 – It was a busy week for the new Northpark South development. A Drainage Impact Analysis submitted to Montgomery County for the development at the west end of Northpark Drive shows that the developer intends to drain its property through adjacent sand mines owned by other entities. The analysis does not address potential sedimentation issues.

The developer also applied for several variances from the Houston Planning Commission.

Meanwhile Century Land Holdings of Texas, LLC continued clearing land at the west end of Northpark Drive that borders the sand pits along the West Fork San Jacinto River. In the last week, contractors have cleared approximately one third to one half of the 54.4 acre development.

Drainage Analysis Shows Routing

A drainage impact analysis obtained from the Montgomery County Engineer’s office reveals that:

Drainage from 107.2 acres outside (upstream from) the development flows through the development on its way to the West Fork.
The remaining 43.2 acres will contain 236 homes on narrow lots for an average of 0.18 acres/home (1/6th acre) with impervious cover of 66%.

Drainage from the development and areas upstream will be routed into an on-site 11.2 detention basin (above) and, from there, into sand pits and the West Fork (below).

*Outfall path from Northpark South to sand pits, channel and river.*

The drainage analysis claims the outfall from the proposed detention basin will not increase flow to the sand pits.

The analysis by RG Miller also indicates that the on-site basin will provide a storage rate of approximately 1.26 acre-feet per acre. That exceeds the minimum of .55 acre-feet per acre recommended by Harris County Flood Control District for sites this size draining into Harris County.

RG Miller claims that the water surface elevations in the sand pits will decrease during both 25-year and 100-year storm events.

The engineering firm also claims that the proposed development lies outside the 100-year floodplain of the West Fork. However, that claim is based on old data.

*100-year floodplain, shown in aqua*. *Note 2014, pre-Harvey date.*

New flood maps, expected to be released next year, will likely show the floodway and floodplains expanding by 50- to 100%, according to preliminary guidance from HCFCD and FEMA.

However, RG Miller makes no mention of the shifting floodplains. Nor do its engineers mention any wetlands on the property which the US government clearly shows.

Northpark South Wetlands — *Large green area* on right was among first to be cleared.

The engineering firm concludes that their design will have “no adverse impact” on downstream properties. Nor will it “unreasonably”:

“Impede the natural flow of surface waters from higher adjacent properties”
“Alter the natural flow of surface waters so as to discharge them upon adjacent properties at a more rapid rate or in a different location…”

One hydrologist I interviewed about this plan said, “Well, this isn’t how I would do it. He is draining directly to the sand pit and showing that he isn’t increasing flows going to the sand pit. Nowhere in the report did he document that he had permission from the sand pit owner to drain to the sand pit. Also, he didn’t have any field survey to back up how he knew the topography and details on the hydraulic connections between the sand pits and the river. So I don’t know how he can be certain of his results.”

The drainage analysis did not address what effect the proposed routing would have on sedimentation. The outfall to the drainage ditch is already severely restricted by sediment accumulations.

Variance Requests

A request for variances obtained from the Houston Planning Commission shows a different outline for the property. It omits the areas designated as commercial at the entry.

*Note difference between this diagram and one above in lower right corner by Northpark.*

The MoCo Appraisal District (MCAD) shows that Hanover Estates owns the parcels that bracket the entry. MCAD also shows that Hanover and another company called Maryfield LTD jointly own the sandpits. The drainage analysis does not address the ownership issues or permissions.

Requests for Variances from Houston Planning Commission

This property lies within the City of Houston’s extra territorial jurisdiction. The developer requested three variances from the Houston Planning Commission:

To allow lots less than 5000 square feet.
To exceed intersection spacing by not providing a southern stub street (outlet).
To exceed intersection spacing by not providing an east/west street

The planning commission has not yet responded to an information request about whether it granted the variances. Meanwhile, clearing continues.

One Third to One Half of Site Now Cleared

In the last week, contractors have taken down an estimated one half to one third of the trees on the site. See below.

*Looking west across Northpark South toward West Fork San Jacinto* on *11/17/23*. *Intersection of Northpark Drive in foreground and Sorters-McClellan Road running diagonally through frame.*

Compare that to this previous post.

*Friday morning, 11/17/23, four tree gobblers were hard at work.*

At this rate, the entire site could be cleared by early December.

A Closing Thought

The goal of most drainage studies is to figure out how to develop property safely. If all of the studies were always correct, we would never flood. But we do. Why?

And why is property that was too dangerous to develop before Harvey now safe after Harvey … when we now realize how much greater the risk is?

Northpark Expansion Project Struck Oil

The Northpark Drive Expansion Project struck oil this week. But this was no Jed-Clampett moment. Oil in the context of a construction project is not good.

Workers discovered what appears to be oil dumped some years ago on the site of what will become the north pond at the 59 entrance to Kingwood.

Ralph De Leon, project manager for the Lake Houston Redevelopment Authority/TIRZ, said that contractors are currently trying to discover the extent of the spill to avoid future contamination on the site. Although the photos below certainly look like excavation, the work is definitely not part of the pond-excavation project, according to De Leon.

*Reverse angle shows trucks entering and leaving*

De Leon also said the budget contained a line item for contingencies such as this. It should not affect the overall cost of the project.

West Sidewalks Complete

De Leon also said contractors have completed the sidewalks west of 59 that connect the main part of the project to the Kingwood Place West and Kingwood College.

This morning, the last cement pour was drying and contractors were removing forms from areas completed earlier.

Workers are still cleaning up, but the job is essentially done. Looking west toward HEB from over 59.

*Reverse angle. Looking east* *toward 59 at top of frame.*

Dr. Katherine Persson, retired head of Kingwood College, requested the sidewalk extension to fill in a critical gap for her students who rode their bicycles to school.

Other Highlights

Extension of the drain pipe to Ditch One behind Public Storage is nearly complete. However, contractors still need to install a concrete headwall around the pipe to prevent future erosion.
Contractors are preparing an estimate to install the city-approved, water-main detour under Northpark to the new Parkwood Baptist Church. The original water main was too high and interfered with the box culverts being installed in the median.
The City of Houston Mayor has signed the inter-local agreement with Union-Pacific (UP) Railroad. UP is now expediting the agreement through its system.
Centerpoint has nearly completed relocating its utilities that interfered with the box-culvert installation. As soon as CenterPoint completes that work, installation of the box culverts will resume.
The pole-mounted traffic signal at Northpark and Russell-Palmer must come out before contractors can install the box culverts under that intersection. A wire-mounted, temporary signal will replace the pole-mounted system. The wire will stretch across the road. As construction advances, that will enable the signals to be moved left or right as lanes change.
Tree transplantation should ramp up in the next couple weeks.

For More Information

For more information about the project including construction plans, visit the project pages of the LHRA/Tirz 10 website. Or see these posts on ReduceFlooding:

Posted by Bob Rehak on 11/17/23

2271 Days since Hurricane Harvey

SJRA Appoints Aubrey Spear New General Manager

November 15, 2023 – The San Jacinto River Authority (SJRA) Board of Directors announced today the selection of Aubrey A. Spear, PE, as general manager.

Duties

As general manager, Spear will oversee the development and implementation of SJRA’s vision, mission and strategic goals through the collaboration with the SJRA’s Operating Divisions: General and Administrative Services, Lake Conroe, Woodlands, Groundwater Reduction Plan, Highlands, and Flood Management. In addition to providing managerial oversight, Spear will be instrumental in overseeing the development and execution of capital improvement plans, planning, external affairs, leadership development, and budget.

SJRA Board President Ronnie Anderson expressed confidence in Aubrey Spear’s arrival saying, “After a thorough search, the SJRA Board of Directors is proud to welcome Aubrey to SJRA. Aubrey’s extensive experience in water utility management, water and wastewater infrastructure projects, and stakeholder relationships make him a great fit for our team.”

Goals

“I am excited to join the dedicated team at SJRA,” said Spear. “I look forward to collaborating with key stakeholders including employees, customers, and elected officials to determine major areas of focus for the Authority moving forward. I am passionate about implementing the river authority’s vision to provide reliable, cost-efficient, and sustainable water resource management that supports the significant growth in the region while earning the trust and confidence of our customers and community.”

Background

Aubrey Spear brings extensive professional leadership and managerial experience to SJRA. He served the City of Lubbock in a senior management role as Director of Water Utilities for 16 years leading the city’s Water Utilities Department of more than 200 employees. Additionally, he served as liaison to multiple water boards including the Lubbock Water Advisory Commission, Canadian River Municipal Water Authority, High Plains Underground Water Conservation District and served as the chairperson of the Region O Water Planning Group and on the executive committee of the Upper Brazos Regional Flood Planning Group.

Spear has also guided public relations, marketing, and customer service activities and facilitated major projects including the city of Lubbock’s first new surface water supply reservoir in more than 25 years, Lake Alan Henry.

Spear will start with SJRA in January 2024.

Challenges

Aubrey Spear’s appointment comes almost six months after Jace Houston resigned from SJRA at the end of May 2023.

After 16 years with the SJRA, Houston had become the focus of criticism over a groundwater reduction plan designed to reduce subsidence and ensure the water future of Montgomery County. Houston had led the conversion from dwindling groundwater to surface water. That included construction of a water treatment plant at Lake Conroe and several water distribution pipelines.

However, several signatories to the Groundwater Reduction Plan eventually balked at higher prices despite the reduction in subsidence. Conroe state representative Will Metcalf proposed an amendment to the SJRA’s sunset review bill that would have ousted Houston had the state senate supported it.

As Spear prepares to navigate new waters in SE Texas, he will be forced to thread a needle between downstream and upstream interests.

Memories of the SJRA’s role in downstream flooding during Harvey when it released 79,000 cubic feet per second from Lake Conroe will constrain him. So will the reluctance of Lake Conroe residents to live with seasonally lower lake levels. Lake lowering didn’t generate much controversy this year. Because of drought, lake lowering wasn’t necessary.

However, it could in the future if the project to add more flood gates to Lake Houston ever gets off the drawing boards.

Posted by Bob Rehak on 11/15/23 based in part on a press release from SJRA

2269 days since Hurricane Harvey

West Fork Sludge Fest

The San Jacinto West Fork has turned into a sludge fest again. I took the picture below on 11/11/23. Not since the day that the West Fork turned white have I seen the contrast so dramatic at the confluence with Spring Creek.

This image has an empty alt attribute; its file name is 20231111-DJI_0872-1024x682.jpg — *Looking NW from over US59 Bridge. Confluence of Spring Creek (left) and San Jacinto West Fork (right). Cypress Creek joins Spring Creek 2.7 miles west of this location.*

In that prior case, the cause was obvious. Two sand mines were discharging process wastewater into the West Fork. The TCEQ determined that one, the Liberty Materials mine, dumped 56 million gallons of white sludge into the river.

This time, the cause is not so obvious. I can’t even be certain I determined the cause. After taking the photo above, I spent a whole day ruling out various possibilities while searching for others.

Ruling Out Causes

The dramatic difference was not caused by huge variation in rainfall totals across the region.

*Rainfall totals from Harris County flood warning system. All of the rain fell in the previous 2.5 days and was relatively spread out.*

The highest total on the West Fork was that 2.68 inches south of Conroe at SH242. Further investigation showed that 1 inch fell between 3 and 4PM on 11/09/23. That was the highest intensity at that gage in more than a month.

Uneven soil saturation across the region would also not cause the zebra pattern in the river. The entire region is still rated either “abnormally dry” or in “moderate drought.”

And Lake Conroe did not release any large volumes of water lately that would have scoured river banks. That eliminated another potential cause.

Now here’s where it gets really baffling.

SJRA Study Claims Most Sediment Comes from Spring/Cypress Creeks

The San Jacinto River Basin Master Drainage Study by Freese & Nichols claims that more sediment comes down Spring and Cypress Creeks than the West Fork.

In fact, they say, of all the sediment coming into Lake Houston, two thirds comes from Spring and Cypress Creeks while only 13% comes from the West Fork upstream of US59. So where is all the sludge coming from?

In my opinion, it most likely came from new developments or sand mines that move large volumes of loose sediment.

So the next day, I went out with my drone and found several possibilities.

Possible Sources for Sediment Pollution

Two sand mines had pits open to the river, but I did not see large volumes of sediment oozing out of them as I sometimes do.

The most interesting possibility: new developments very near that gage on SH242 that read 2.68 inches.

Two connected developments straddle FM1314 immediately north of SH242. Early plans called them both Mavera. But now, the one on the east has a sign that says Mavera. The sign on the west section calls it Evergreen.

Both are being built on top of wetlands in a 10-year flood zone. Together, they have roughly 1400 acres of exposed soil.

Most of the development’s stormwater drains into Crystal Creek and then into the West Fork about a half mile downstream from where I took this photo.

*Sediment-laden stormwater burst through the wall of this detention basin.*

*Enlarged detail from shot above shows water was strong enough to destroy the outfall pipe.*

Now let’s see what’s upstream from this breach.

*Evergreen drainage channel*. *Water flows toward camera and the breached detention basin.*

*Even farther up the channel. Note all recently exposed sediment.*

The ditch above appears to be much wider than it was in January 2021, almost three years ago. Now, let’s jump back south to where this area drains into the West Fork.

*Crystal Creek (middle) empties into the West Fork (bottom left). Note how milky water from Crystal compares* *to the West Fork.*

Note that the picture above was taken two days after the heaviest recent rainfall, so the volume may not seem impressive.

There likely were other areas along the West Fork that contributed to the sedimentation you saw in the first photo at the top of this post. But I was not in a helicopter and it’s virtually impossible to cover the entire river with a drone. So I can’t say for sure.

How to Report Issues You May See

This is not the first time I have documented excessive sediment coming off the West Fork.

*The zebra effect at the confluence is common.*

The angle of the shots above varies. But in each instance, the West Fork is the most polluted branch.

Why is sediment so concerning? After all, it’s natural, right?

Remember the mouth bar that virtually blocked off the West Fork after Harvey? Also the one on the East Fork?

When sediment reduces the conveyance of rivers, they come out of their banks faster and higher on smaller rainfalls. The rivers flood more frequently and increase your flood risk.

So, if you see unnatural situations in rivers or streams, make sure you report them to the TCEQ, which investigates such matters.

Together, we may be able to improve our safety and water quality.

Posted by Bob Rehak on 11/13/2023

2267 Days since Hurricane Harvey

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

Northpark South Starts Clearing Wetlands, Floodplain

Colorado-based Century Land Holdings of Texas, LLC has started clearing land for Northpark South in Porter along the West Fork of the San Jacinto River at the west end of Northpark Drive.

Documents from the Houston Planning Commission, USGS, and FEMA; eyewitness accounts from nearby residents and flood professionals; and aerial photos indicate:

Most of the area is in floodplains defined decades ago and not updated since.
The entire area – and then some – went underwater during Harvey.
The entrance to the property near Northpark Drive and Sorters-McClellan Road sits in a bowl that rescue trucks could not get through during Harvey. That would make evacuation difficult in the event of another large flood.
Wetlands dot the property.
Abandoned sand mines may pose safety threats.

The same developer just completed a sister development called Northpark Woods across a drainage channel from this one. But so far, the gutsy developer has avoided any consequences for its risky gamble thanks in large part to a multi-year drought and interminable delays at FEMA releasing the new post-Harvey flood maps.

All Underwater During Harvey

Eyewitness accounts and damage reports indicate that Harvey floodwaters stretched about a third of a mile east of Sorters-McClellan to Northpark and Kingwood Place Drive. That’s on the high side of Sorters-McClellan; the new development will be on the low side.

Floodwaters in this area stopped at about 83 feet above sea level. However, the entrance to the new subdivision is at 75 feet, according to the USGS National Map. That means the water was an estimated 8 feet deep at the entrance.

One long-time resident in the area said, “The intersection of Sorters and Northpark sits in a bowl. It was not passable by Montgomery County Precinct 4 constables in an Army deuce and a half [used for high-water rescue]. Water from the river came right up past that intersection and continued up Northpark to just past the intersection of Kingwood Place Dr.”

Also on the high side of Sorters-McClellan, six of nine buildings at nearby Kingwood College flooded during Harvey. Restoration cost: $60 million!

And then there’s Tammy Gunnels‘ former home a quarter mile south of the new development. It flooded 13 times in 11 years and had to be bought out by Montgomery County and FEMA.

Documents obtained from the Houston Planning Commission indicate that RG Miller is the engineer of record for Northpark South.

Bordering River and Sand Mines

During Harvey, 160,000 cubic feet per second rampaged down the West Fork behind this property.

*Looking west past Sorters-McClellan Road toward what will become Northpark South.* *Note clearing starting in the middle in what used to be wetlands* *(see below).*

*From the National Wetlands Inventory.* *Dark green area on right corresponds to cleared area above.*

Looking NW. Intersection of Northpark and Sorters-McClellan in lower left. Another subdivision called Northpark Woods by the same developer is in the upper right. West Fork San Jacinto and sand mines at top of frame.

Here’s what they hope to build on this property.

*General plan submitted to Houston Planning Commission in 2021.*

Current Floodplains Will Soon Expand

Most of the property already sits in floodway or floodplains. But the FEMA map below has not yet been updated to reflect new knowledge gained as a result of Memorial Day, Tax Day, Harvey and Imelda floods.

In fact, the 2014 date on the map below is misleading. It reflects an update of the base map, but the data that determines the extent of floodplains has not been updated since the 1980s, according to an expert familiar with Montgomery County flood maps.

*From FEMA’s National Flood Hazard Layer Viewer*.

FEMA and Harris County Flood Control have warned people that when new “post-Harvey” flood maps are released in the next year or two, floodplains will expand 50-100%. The floodway (striped area above) will likely expand into the 100-year floodplain (aqua). In turn, the 100-year will expand into the 500-year (tan). And the 500-year floodplain will extend past any of the colored areas.

That’s consistent with eyewitness accounts. And that could potentially put the entire property in floodplains.

Taking Advantage of Map-Update Window

The developer seems to be taking advantage of a window between post-Harvey flood surveys and release of the new maps.

I’m sure the developer’s lawyers would argue that they are complying with all current, applicable laws. But an ethical question arises. Will the new development expose unsuspecting homebuyers to greater-than-expected risk?

If so, why aren’t officials pushing to update maps and floodplain regs faster?

Could some officials be prioritizing economic development now over public safety later?

Certainly not all are. But many flood professionals worry about that.

Next to 5-Square Miles of Sand Mines

The new development sits next to the largest sand-mining complex on the San Jacinto West Fork. Sand mines in this area occupy almost five square miles. However, not all the mines are active. But they still show signs of heavy sediment pollution.

*Looking E toward Sorters-McClellan from over West Fork. Northpark South is at top of frame beyond the sand pits.*

*The operator of this mine decided not to fish its equipment out when they abandoned the site.*

*More colors than Crayola. No telling what’s growing in these ponds.*

Will routing drainage from Northpark South through these sand mines pose a safety risk for people downstream?

Will it be safe for kids to play or fish near these steep-sided pits?

Floodplain Development Called New Form of Redlining

This is an example of why the population of Texas floodplains is greater than the populations of 30 entire states. Yep. Thirty entire states have populations smaller than that of Texas floodplains.

One former floodplain administrator, who requested to remain anonymous, characterized these types of developments as a new form of redlining.

More than a few floodplain and wetland developers target minorities who may not fully understand the flood risk.

Owner financing often accompanies floodplain developments. Such financing can bypass many flood-risk detection procedures that accompany traditional bank financing.

Then, when floods come, the people who can least afford to repair homes suffer the most and longest. Neighborhoods decay faster. And that makes it harder for people to recover their investments.

Years later, the public is left holding the bag. We are asked to fund expensive flood-mitigation projects that would not be necessary had the developer built in a safer area.

Posted by Bob Rehak on 11/11/2023

2265 Days since Hurricane Harvey

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

Austin Bait-and-Switch Lawsuit Could Set Precedent for Harris County

On November 7, Brad Johnson published a copyrighted article in The Texan under the headline, “Austin’s Project Connect Challenged for ‘Bait and Switch’ of $11 Billion and Rising Transit Plan.” The subhead reads, “The suit alleges a breach of what voters were originally promised by the city since the tax increase was approved in 2020.”

The details of the Austin Transit plan story differ from the Harris County 2022 Road and Parks Bonds. But both controversies arise from alleged “bait and switch” tactics used to sell voters something radically inferior to what was promised to them beforehand. If successful, the Austin lawsuit could set a precedent for Harris County.

Outline of Austin Lawsuit

To summarize the Austin controversy, voters approved a tax rate increase in 2020 to fund construction of three light rail routes and an underground transit system at a cost of $7.1 billion. Three years later, the cost has ballooned to $11.6 billion – a 63% increase in three years – while the length of the proposed rail system has decreased from 27 miles to 10 – 62% less.

The crux of the lawsuit: the current project is different from the one voters approved, “and represents the largest property tax increase in Austin’s history.” The complaint reads, “This lawsuit is brought because “Austin taxpayers are not getting anything close to the benefit of the bargain they made for Project Connect …”

The lawsuit continues, “They (the plan authors) unilaterally adopted a Replacement Plan, that in the context of consumer-protection law would be called a “bait and switch” because it is so inferior to what voters “bought.” For reasons described in the lawsuit…

“…the Defendant Officials no longer have statutorily required voter authorization to assess, collect, or spend the Project Connect Tax increase nor do they have authority to issue bonds to be paid from that tax.”
Austin Lawsuit

But it gets worse. Paragraph 18 of the suit contends, “None of the Project Connect advocates have publicly admitted that the dramatic 257% increase in cost per rider—a key criteria in the competitive process for federal funding—reduces the odds of Project Connect receiving a 50% federal match…” Then it continues, “Nor is there any recognition of the effect on whether federal evaluators—or Austin voters for that matter—can trust the figures presented…”

That plan went off the rails. Much like Harris County’s 2022 Road and Parks Bonds.

Parallels with Selling 2022 Harris County Bonds to Voters

The Harris County 2022 Bonds have nothing to do with the Austin Transit Plan – except for the way they were sold, i.e., with false information.

Before the Commissioners Court put the 2022 Road and Parks Bonds on the ballot, Commissioners Ellis and Garcia openly talked about the need to distribute funds based on so-called “equity” principles, using a race-based social vulnerability formula – not one that accounted for road miles or square miles of parks that required maintenance. Their race-based approach would skew the distribution of funds from the new bond in favor of their precincts.

An uproar then ensued that threatened to kill the bond offering. So, Ellis, Garcia and Hidalgo voted to guarantee a minimum $220 million from the bonds to each precinct. Based in part on the promise of an equal minimum for EACH precinct, the bonds passed comfortably.

Then shortly after the election, the deal changed again. Equity and social vulnerability were back in. The minimum guarantee was ignored.

Precinct 3, which has 47 percent of the county’s roads and 35 percent of the county’s parks to maintain, received $188 million – $32 million less than the minimum and only 19% of the total money allocated.

Commissioners Ellis and Garcia received 30% and 27% respectively. That was because of their race-based formula, despite the fact that their precincts fall largely within municipalities that maintain roads and parks. Those municipalities are responsible for their own roads and parks.

In a commercial context, the FTC would consider this bait and switch.

To sell the bonds, the County told people one thing in newspapers, on social media, in public meetings, in handouts and on the County’s website. But soon after the bonds were approved, the deal changed.

Ironically, Precinct 3 voters who were all negatively impacted could have sunk the bond offering had they not been deceived.

This 2 minute and 39 second YouTube video distills key dialog from Commissioners Court before and after the switch.

*Key Before/After moments in Commissioners Court*

It Started with the 2018 Flood Bond

Frankly, I see the Austin lawsuit as a positive thing. I hope someone in Harris County lodges a similar lawsuit. Perhaps it can rein in some egregious, bait-and-switch promises that have become hallmarks of Harris County politics lately.

The bait and switching didn’t start with the Road and Parks Bonds. Consider the 2018 Flood Bond. It promised “equitable” treatment of the various watersheds, with the worst being addressed first. Since then, equitable was redefined as “equity” by Rodney Ellis in a way that Webster’s Third International and Oxford English dictionaries do not recognize.

Ellis even bragged openly in commissioners court about tricking voters.

And of course, the areas with the worst flooding are among those getting the least help…and pushed to the end of the line.

worst first — *Feet above flood stage at 33 gages throughout Harris County during Harvey*.

The San Jacinto West Fork had the highest flooding in the county during Harvey. But the San Jacinto watershed ranks twelfth in the county in funding to date. See below. And most of that has gone to areas downstream from where flooding was so severe.

Worse, while we wait our turn for projects, a steady decline in the speed of project delivery has added to inflation costs which now threaten the delivery of promised projects. Just as in Austin.

Flood-mitigation spending has slowed to less than half its peak in 2020. Delays add to the inflation burden on the entire bond program and threaten cancellation of some projects.

No one can even guarantee there will be enough money left to do anything in the hardest hit Lake Houston and Spring Creek areas.

And the 2018 flood bond was a $5 billion program!

We need some civic-minded lawyers who care about the future of Harris County to step up and look at these policies.

Posted by Bob Rehak on 11/9/2023 with thanks to Brad Johnson and The Texan

2263 Days since Hurricane Harvey

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

City Council Approves Northpark Expansion Agreement with Union Pacific

Last Wednesday, 11/1/23, Houston City Council approved an agreement with the Union Pacific railroad that will give contractors the right of entry so that private utilities can continue to relocate their facilities. Utility work must be completed before construction of two at-grade crossings over the UP tracks at Loop 494. Now that City Council has approved the agreement, the Mayor and UP need to approve it. That will likely happen before next week.

The at-grade crossings are a separate issue from the bridge that will be built over UP’s tracks. TxDoT requires ground-level turn lanes for motorists, bicyclists and pedestrians who want to turn onto and off of 494 from Northpark and vice versa.

Utility Work Already Making Way for Extra Turn Lanes

Contractors have already started rerouting utilities for the extra turn lanes on both sides of Northpark.

*Looking N across Northpark along UP tracks.* *Note utility work on right on each side of Northpark.*

*Looking SE from over railroad tracks. Closer shot of utility work.*

*Looking E from over tracks down Northpark shows current extent of utility work.*

Change in Plans: 3-Day Road Closure

The at-grade crossings will require new traffic control gates and signals. Given the longer trains that UP is running these days, UP wants to coordinate the Northpark signals with those at crossings from Kingwood Drive all the way north into Porter. But the new one-piece system will stretch cross both east and westbound lanes of Northpark.

That will require shutting the entire road down for three-days at some point in the future. This represents a change in plans. Earlier, LHRA/Tirz 10 indicated that Northpark would also have at least one lane of traffic open in each direction.

However, the new system should improve safety for both the railroad and the public.

Sidewalk Extension West of 59

De Leon indicated that the signing of the agreement with the railroad should accelerate construction in this area.

Farther west, sidewalk construction has started on both sides of Northpark immediately west of US59.

*Looking West from over 59. North sidewalk almost complete. South sidewalk is being prepped.*

Next Up

In the meantime, contractors are:

Continuing work on the 6×5 RCB at Outfall B
Continuing work on the 8″ waterline south of Northpark from the Railroad tracks east to King’s Mill
Continuing work on the sidewalks west of I-69

In other developments, the Redevelopment Authority website shows:

12″ waterline testing has been pushed to the last week of November
8″ waterline will be tested the week before Thanksgiving
Work will begin on the temporary detours on LP 494 the week before Thanksgiving.

Excavation of Detention Basins at Northpark Not Yet Started

Excavation of two stormwater retention basins at Northpark has not yet begun. Contractors will not start excavation until they start to build the new lanes between 494 and Russell-Palmer Road. They will use the recycled dirt to fill in under the two new lanes. If they started excavation now, they would have to store the dirt somewhere and move it twice, or pay to have it hauled off and then purchase more dirt when it’s needed.

*Dirt from stormwater retention basin excavation at entry will fill in over concrete culverts in the median east of 494 (top center).*

For More Information

For more information about the project including construction plans, visit the project pages of the LHRA/Tirz 10 website. Or see these posts on ReduceFlooding:

LHRA/Tirz 10 Board Meeting

The Lake Houston Redevelopment Authority (Authority), and Tax Increment Reinvestment Zone Number Ten, Lake Houston Zone (Zone), will hold a joint board meeting on November 9, 2023, at 8:00 a.m., at the Kingwood Community Center, 4102 Rustic Woods Drive, Kingwood, Texas 77345, and is open to the public.

This board packet contains three change orders. One calls for a temporary stoplight at Russell-Palmer. The reason: contractors must remove the existing pole in the center so that they can continue installing culvert. The temporary light will serve the intersection until a new permanent one on an arm which extends over the roadway can be fabricated. Those reportedly take months.

Another change order increases the amount allocated for tree transplantation by $239,000.

Have questions or concerns? Voice them at the meeting.

Posted by Bob Rehak on 11/5/2023

2259 Days since Hurricane Harvey

Four Dems Take No Action to Honor Pre-Election Bond Promise

On Tuesday, 10/31/23, Harris County Commissioner’s court took no action on a request from Commissioner Tom Ramsey PE to abide by a pre-election promise to voters re: the 2022 Road and Parks Bonds. Ramsey could not even find a second for his motion on Agenda Item #418, which would guarantee the promised minimum of $220 million for Precinct 3.

During debate on the topic:

Only one of the four Democrats on Commissioners Court agreed with the idea that “we need to deliver on what we say.”
One confused the 2022 road and parks bond for the 2018 flood bond.
Two claimed they had already spent their allocation; so they couldn’t re-allocate the money even if they wanted to (which they didn’t).
One claimed “everybody” lost track of $110 million.
Two claimed that allocating the money to poor areas was more important than an equal split or honoring promises.

*Screen capture from 10/31/2023 Commissioners Court Meeting at start of debate on Item #418.*

When they talked about allocations to poor areas, they did not mention the percentage of county-maintained parks or roads in their precincts. Nor did they take into account the percentage of their precincts inside incorporated areas, such as the City of Houston. Municipalities are already responsible for maintaining roads and parks within their boundaries.

Bait-and-Switch Tactics

BEFORE the 2022 election, commissioners voted to allocate a minimum $220 million from the 2022 Road and Parks Bonds to each precinct. The county then trumpeted that promise in:

Pre-election publicity
Postings on county websites
Speeches and handouts at community meetings.

Voters approved the bonds on the basis of that promise.

Then, in January 2023. shortly AFTER the election, the Democrats on commissioners court broke that promise. They voted to adopt a different formula that resulted in drastically less money than promised for Precinct 3, the only Republican-led precinct remaining in Harris County.

Precinct 3 received $187.5 million – $32.5 million less than promised.

Meanwhile, the Democrats voted to award themselves far more than Ramsey’s Precinct 3 which contains the highest percentage of unincorporated areas in the county.

Precinct	Minimum Promised Before Election	Allocated After Election	Difference	% of Allocated $
One	$220 million	$269 million	$49 million MORE	27%
Two	$220 million	$293 million	$73 million MORE	30%
Three	$220 million	$188 million	$32 million LESS	19%
Four	$220 million	$239 million	$19 million MORE	24%

Promised vs. Actual funding from 2022 Road & Parks Bonds

The FTC calls this “bait-and-switch” advertising. It’s illegal. In a commercial context, intentionally advertising a product or service with the intent to lure customers in, only to then provide a different, less desirable offering is considered a deceptive trade practice and fraudulent. The FTC often forces companies caught in bait-and-switch schemes to refund money.

Ironically, had Precinct 3 voters realized the bait and switch, they could have defeated the bonds.

Was There Intent to Break the Promise?

In my opinion, it would be easy to prove intent in this case. Before the election, Commissioners Ellis and Garcia talked for months about how they wanted to apply so-called “equity” and “social vulnerability” factors to the distribution of proposed bond funds…without identifying projects or nailing down a formula.

Then on August 2, 2022, they relented and consented to a $220 million per precinct minimum. After voters approved the bonds and Lina Hidalgo won re-election, the Democrats changed the deal back. We got exactly what Ellis and Garcia argued for all along – an SVI-based formula that radically skewed the distribution of bond funds.

So, in the end, after redistricting (which packed more roads and parks into Precinct 3 than any other precinct), and after an election in which voters were deceived…

Precinct 3 gets 19% of the funding, yet has 47% of the County’s roads and 35% of its parks to maintain.

Some would say Democrats planned that all along.

What Democrats Said During Debate on Ramsey Motion

Precinct 4 Commissioner Leslie Briones

The newly elected Briones, a lawyer by trade, was not part of the pre-election promises. She said, “I agree fundamentally that we need to deliver on what we say and need to be transparent in doing so.” However, she later added that rectifying such situations is important … on a ‘go forward’ basis.

Precinct 2 Commissioner Adrian Garcia

Garcia said, “In terms of Precinct 2, I’ll say that our projects have already been lit. So we’re already, you know, our funding is already committed. We got our project partnership commitments already out. And so the funding is already allocated and you know … I absolutely love leveraging equity. Otherwise I wouldn’t have the 30%, uh, the precinct to, uh, needs it because we’re down to the downstream side of five counties, not just Harris County. Um, and but I am open to seeing if there’s another way of, of getting there, because flooding is flooding regardless of its downstream side or wherever. But right now, of the allocation that I’ve got, my guys have already let that out the door. Yeah.”

Commissioner Garcia evidently confused the 2022 Road and Parks Bonds being discussed with the 2018 Flood Bond.

Precinct 1 Commissioner Rodney Ellis

Ellis said, “Yeah, we’ve already committed our funds as well. And I would say that I’m strongly committed to SVI.” SVI means the CDC’s race-based Social Vulnerability Index as a means of allocating dollars.

County Judge Hidalgo

Judge Lina Hidalgo argued that the $220 million promise was based on faulty math. She said, “We hadn’t thought about … there’s overhead costs of $110 million. And I think that just literally nobody thought about it.”

Hidalgo narrowly won a hotly contested re-election bid on the same ballot as the bond, based in part on her assertion that she represented ALL the people of the county.

Could You Really Spend $562 Million in 10 Months?

With all of the County’s purchasing procedures, could you really spend (or at least commit) $562 million in ten months? That’s the total of Ellis’ and Garcia’s split.

Democrats didn’t approve the SVI-based allocation formula until earlier this year. Then you would have to study projects, rank them, advertise the projects, review qualifications of potential bidders, bid the projects, pick a winner, acquire right of way, sell bonds, and mobilize the projects.

That can take years. For instance, the Northpark Drive expansion project in Kingwood began in 2015 and won’t finish for another 2 or 3 years. And two miles of Loop 494 renovations have taken 4.5 years.

And, perhaps more important, how do you just forget about $110 million in overhead costs? I couldn’t follow the Budget Director’s attempted explanation on that one! Forgetting about $110 million in the private sector would get most people fired.

Think about these issues as you go to the polls and vote on new bond projects next Tuesday.

To see the entire Commissioners Court debate on Item #418, start at 2:30:21 into the video of Departments Part II of IV. The discussion lasts 20 minutes.

In the end, Ramsey, the only Republican, couldn’t even get a second for his motion, so the court took no action.

Posted by Bob Rehak on 11/4/2023

2258 Days since Hurricane Harvey

Comcast Contractors Force Traffic Across Residents’ Lawns

Today, Comcast contractors occupied both sides of the street in front of my house. This blocked traffic, forcing motorists to drive onto my lawn and my neighbor’s lawn to get around them.

There were no traffic control signs. No warnings. No flag men. No supervisors. No one directing traffic. In fact, no one from the entire crew even seemed to be around … until I started taking pictures. Then I was swarmed.

Pictures of Incident Occurring around 11AM Today

Here’s what I found at the end of my driveway.

*No room to park. No problem. New York chutzpah comes to Houston.*

As we teach kids in driver’s ed, this is called “driving on the wrong side of the road.”

Police give tickets for it. It illustrates a cavalier attitude toward public safety. Not to mention contempt for the people Comcast hopes will someday buy its services.

But I guess Comcast doesn’t care. They had no supervisors onsite. If you don’t see it, you don’t have to report it.

*The trailer contained pipe for the hydro-excavation truck in the background.*

*Opposite angle shows a second hydro-excavation truck*. *Noise from these trucks reached 96 decibels.* *Exposure to that level for more than 30 minutes is considered dangerous and can cause hearing loss.*

*When I asked the lady in this car not to drive on my lawn, she turned around. But other drivers just zoomed around me in frustration without stopping.*

In fairness, when I told the Comcast contractors to move their trucks, they did. But it’s sad that I should have had to tell them. They had no name badges, no ID and offered no apology.

Had I not questioned the employees, I never would have known from the logos on their trucks that they were affiliated with Comcast.

*The subcontractor blocking both sides of the street.*

City Still Says It has Received No Comcast Complaints

Ironically, while I was downloading the images from my Nikon, I got an email from Jessica Beemer, Dave Martin’s Chief of Staff, saying yet again that the City had received NO COMPLAINTS re: Comcast. I responded, “Let me be the first then.”

Please follow these procedures if you see concerning behavior or experience damage from Comcast. The house you save could be your own. I reported this incident to multiple people in multiple places: the City, Comcast, Aspen, and Aspen’s parent Company.

No Warning Within 72-Hours

Our only warning that Team Comcast would be in the neighborhood was a door hanger delivered months ago. Those warnings are supposed to be within 72 hours.

Attention Comcast Shareholders

But in this case, Comcast was a loser, too. My neighbor was hosting a luncheon today for 25 people. Oops. Why alienate one potential customer when you can alienate 25 at once?

The neighbor and I haven’t been able to see if someone broke our irrigation systems yet because we’re still under a no watering ban due to the drought. But if they did break them, I think I’ll get angry.

Seriously though, what’s a sprinkler head and some ruts in your lawn compared to some of the horror stories I’ve heard. I talked to several people in Bear Branch with more than a quarter million dollars worth of sewer damage to their homes.

Another lady had her electricity cut. The resulting power surge knocked out a new heating/ac system, a computer, and a double oven. It also fried the circuits in her home.

The Comcast contractor said not to file a claim, that they would pay for it. A month later, they changed their minds and told her to file a claim with her own insurance company. Her insurance company asked, “Why did you wait a month?” Her insurance company also said it could take 1-2 years to work this out. Meanwhile, she’s paying CenterPoint $500 per month to run a temporary electric line to her house.

Posted by Bob Rehak on 11/3/2023

2257 Days since Hurricane Harvey

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

Where, How to Report Comcast Damage

Since posting about the threat to public safety posed by the Comcast installation in Kingwood, I have received feedback from dozens of damaged residents and their HOAs. However, the people responsible for safety at Comcast don’t seem to be hearing about all of the damages. Or if they hear, they won’t admit it.

Example: Despite my verifying a gas-line break onsite with FIVE independent sources (the homeowner, CenterPoint, HFD, Aspen and Hydroz), a VP at Comcast in another city insisted the line wasn’t broken; that it was just a near miss. Why? Some possibilities.

Comcast’s subcontractors sometimes encourage residents not to report damage.
Employees rarely like to report bad news to their employers; it makes them look bad. Ditto for subcontractors. When it comes to protecting your job security, unreported damage and safety issues are as good as not having accidents in the first place.
Alternatively, residents may not know where to report damage. Many residents claim Comcast and Aspen did not give them that information.

Regardless, it’s clear (to me at least) that Comcast’s damage-reporting system isn’t working. To eliminate the possibilities above, let me try to explain where and how to report damage.

Proper Channels For Reporting Damage/Problems

Here is what I have pieced together through talks with the City of Houston, Comcast and Aspen leaders.

Step 1: Email Aspen at:

Aspen_damages_kingwood@theaspencompany.com for Damages.

Xfinityinfokingwood@theaspencompany.com for other Concerns.

Or call 281-578-1000.

The companies claim you should get a response within two days, but I have talked to many people who have fallen into black holes. So also…

Step 2: Simultaneously Email the City of Houston District E Office at:

DistrictE@houstontx.gov.

District E represents Kingwood. The City prefers email because it’s easier to search, track and forward.
In an emergency, however, you can call 832-393-3008.

Step 3: Contact Relevant Supervisors:

Comcast

Jared Daughrity
Comcast Manager of Construction for Houston
8590 West Tidwell Road, Houston, TX 77040
Jared_Daughrity@comcast.com
Cell 707-758-6614

Aspen
Vice President Governmental Affairs:
Ernest W Spicer Jr.
The Aspen Utility Company
10000 Richmond Ave | Suite 300
Houston, TX 77042
ernests@theaspencompany.com
Mobile: 281-744-1152

Safety and Claims Manager:
Janice Ham
janiceh@theaspencompany.com
Cell # 346-257-7240

Director of Safety:
Simon Anguiano
simona@theaspencompany.com
Cell # 832-612-8189

Aspen’s Corporate Parent: Quanta Services

Project Director – Greg Loop
greg.loop@quantatelcom.com
Cell # (346) 857-7457

Construction Manager – William Brillhart
william.brillhart@quantaservices.com
Cell # (346) 254-3314

Shuffled Off to a Subcontractor?

Comcast and Aspen use many subcontractors, especially for hydro-excavation. If one damages your property, get as much information from them as possible. Take pictures. Make sure you get photos of the trucks, their license plates and the operators.

But, if they tell you not to report the damage and that they will handle the repairs, report the problem anyway. Especially in that case. Someone’s likely trying to conceal damage from the City or supervisors. Many people have not reported problems and regretted it.

In such instances, I have heard reports of shoddy repairs by unqualified, unlicensed people without the proper permits. The companies involved may be trying to save money, bypass city inspections, or make their safety records look better.

Contact Numbers for Other Utilities Impacted by Comcast

If Comcast/Aspen cuts into one of your utility lines:

For cable tv/internet, call:

Comcast: 1-800-934-6489
AT&T Uverse 1-800-288-2020
Suddenlink 1-877-794-2724
EnTouch/Astound 1-888-765-6461
Tachus 1-832-791-1100

For gas or electric:

To report a suspected natural gas leak, immediately leave your home, go to a safe location and call 911 and then CenterPoint’s natural gas Leak Emergency Hotline: 713-659-2111 or 888-876-5786.
For electric-line cuts: Call 911 and report to CenterPoint Energy immediately at 800-332-7143.

For more information visit CenterPoint’s “Reporting Page.”

Getting No Response or the Runaround?

If all else fails, contact:

Administration and Regulatory Affairs
City of Houston Department of Utility Regulation
611 Walker, Houston TX 77002
832-393-8591
UtilityComplaints@houstontx.gov

Better Business Bureau

https://www.bbb.org/file-a-complaint

Federal Communications Commission

https://www.fcc.gov/consumers/guides/filing-informal-complaint
1-888-225 5322.

A Word About Insurance

The safest bet? Call your insurance agent before Aspen and its subs start digging near you. Find out what your exposure is.

Homeowner insurance won’t necessarily cover damage caused by a negligent party. Unless you have an endorsement for your lawn or landscaping, your insurance company will likely only reimburse you for damage caused during covered peril events. Covered perils are listed in your policy (for example, fire).

So, the only compensation you get may be from the people who caused the damage.

For purposes of determining fair compensation, keep in mind that the property should be restored to the principle of indemnity. That’s the way it was immediately before the damage occurred, not necessarily like new. With that in mind…

Take Plenty of “Before and After” Photos

Many residents say that Comcast and their subs are denying claims based on alleged “pre-existing” damages. Or they may just say, “It’s just not our fault.” So remember to take plenty of before and after photos in case you decide to press your claim through the courts.

Good luck. None of the companies or government entities involved monitor social media. So, to make sure you are being treated fairly, start with the channels they set up. Vent later if you can’t get satisfaction.

Posted by Bob Rehak on 11/2/2023

2256 Days since Hurricane Harvey

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