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Recommendations for Special Session of Texas Legislature on Colony Ridge

Today, the Texas legislature began another special session. On the agenda: Colony Ridge, the controversial Liberty County development in so many headlines lately.

During the last four years, I have published more than 60 articles about Colony Ridge. I have based them on countless drive throughs, flyovers, and interviews with residents, engineers and public officials.

I have seen with my own eyes, over and over again, many drainage and related infrastructure issues that the state legislature could address. In my opinion, the legislature should address the following.

Please forward this link to all your friends. Ask them to contact their state legislators in support of these recommendations.

List of Infrastructure Recommendations for Special Session

Get Liberty County to enforce its drainage regulations.
Protect downstream areas from Colony Ridge erosion by forcing the developer to comply with Liberty County regulations, including those that call for:
- Planting grass on the side slopes of drainage channels and stormwater detention basins
- Installing backslope interceptor swales and pipes to protect side slopes from sheet flow that causes erosion
- Installing pilot channels along the bottom of detention basins
Tell TxDoT to fix FM1010, a vital evacuation route for tens of thousands of people.
Update state building codes to reduce squalor and make Texas eligible for more than a billion in FEMA BRIC funding which could help address Colony Ridge infrastructure issues.
Put teeth into the State Water Code Section 11.086 to ensure Colony Ridge and others provide adequate stormwater detention that helps protect downstream residents from flooding.
Create minimum drainage standards that:
- Mandate use of Atlas 14 or latest FEMA rainfall rates
- Require minimum detention rates of .55 acre feet per acre
- Prohibit use of hydrograph timing surveys
- Require “No net fill in current mapped 500-year floodplain”
- Require minimum finished floor elevations of new structures above the 500-year flood elevation
Protect wetlands
Stiffen penalties for discharging sewage into waterways and ditches.

In addition, the state should:

Require local governments to preserve records and comply with TPIA/FOIA requests.
Prohibit “insider” business deals between elected/appointed officials and developers.

In regard to insider business deals, one of the Colony Ridge developers who controls the local MMD proposed giving a contract for almost $10 million to a paving company controlled by his family. I’m told the final figure actually approved was closer to $15 million. Shouldn’t the developer be responsible for that?

Why We Need Action

Everybody is downstream from somebody else. Or they will be someday. The purpose of the legislature is to develop rules that enable us all to live safely together. Colony Ridge issues affect people both upstream and downstream.

Downstream Impact

Downstream residents have had to pay tens of millions of dollars for dredging sediment in the San Jacinto River. Much of that sediment was contributed by Colony Ridge.

That sediment also contributed to flooding thousands of homes when it blocked the river.

Finally, the City of Houston is spending $1.77 billion dollars to build a water treatment plant that removes sediment and other pollutants coming into Lake Houston from Colony Ridge and places like it. And we spent another $381 million on the Luce Bayou Interbasin Transfer Project to bring in water from the Trinity River.

So, we are spending more than $2.1 billion to bring in and clean up water that Colony Ridge is polluting. Stop the treadmill! Please!

Upstream Issues

Colony Ridge and Plum Grove residents have suffered, too. In addition to the drainage issues described in previous posts, here is a list of other infrastructure issues that a Colony Ridge property owner sent me:

Emergency evacuation routes limited and congested. Few ways in or out.
No street lights in most of the development.
No sidewalks
Kids are waiting for school buses on unlit street corners
Aggressive dogs attack people when walking in the streets
Minimal fire hydrants for our area
Cement plants in our neighborhood spew silica dust for miles without TCEQ or EPA permits
No school zone lights for school in Santa Fe
Kids have no safe place to play outside due to unlawful discharge of firearms
Major traffic congestion; situation deteriorating
Ambulances have trouble getting into area and back out to a hospital
Many missing street signs for traffic control (stop, yield, school zone, etc.)

Both Developer and Legislature Under a Microscope

It will be interesting to see whether the legislature actually does anything substantive about the infrastructure issues in Colony Ridge or whether they just deport a few people, declare a symbolic victory and continue accepting donations from the developer. Let’s be positive for now. Who thought things would ever get this far?!!!

Posted by Bob Rehak on 10/9/2023

2232 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.

Karma Strikes Again: Colony Ridge Drainage Systems Severely Eroding

October 8, 2023 – Karma is fast catching up with the corner-cutting Colony Ridge developer in Liberty County. Drainage infrastructure that doesn’t meet Liberty County regulations is fast eroding.

And tomorrow, a special session of the Texas legislature will start investigating the embattled development. The special session will focus on crime, infrastructure, illegal immigration, and more.

To offset negative publicity, the developer invited legislators to meet at his development last week and tour it.

But just before the meeting, Liberty County deputies, a narcotics unit, and SWAT team responded to an abduction at gunpoint. They also launched a manhunt for two escaped suspects in the sprawling development, which is now 50% larger than Manhattan.

On the day of the developer’s meeting, the main entrance to the development flooded. Badly. Ditches designed to keep roads clear in a 5-year storm overflowed during a 1-year rain.

The next day when the storm clouds cleared, an aerial survey showed that Colony Ridge drainage channels and stormwater detention basins were badly damaged.

Had the developer simply followed Liberty County regulations, he could have reduced or avoided the costly damage.

Missing Erosion Controls

Section 50 of Liberty County’s Subdivision and Development regulations specifies requirements for construction of drainage ditches and stormwater detention basins.

The County emphasizes the need to control erosion and sedimentation. It warns these twin threats can have very serious effects on stormwater ditches and basins. Specifically, they can:

Cause slope failures
Reduce the efficiency of drainage channels
Clog drainage culverts
Reduce channel capacity
Reduce maintainability of drainage facilities
Increase maintenance costs
Require more frequent repairs
Increase turbidity
Impair water quality.

To counter these problems, the regulations say…

“Interceptor structures and backslope swale systems are required to prevent sheet flows from eroding the side slopes of open channels and detention facilities.”
Liberty County Subdivision and Development Regulations, Page 100

The diagram below explains how they work.

The regulations also specify design requirements for these structures and other erosion control measures. Altogether, Colony Ridge apparently violated requirements for:

Backslope interceptor and swale systems
Bermuda grass on side slopes of channels and ditches
Erosion controls around outfall pipes
Geo-textile bedding under rip rap
Pilot channels at the bottom of detention basins
Maintenance strips
Storage of excavated dirt
Side-slope angles

Not all locations in Colony Ridge exhibit all problems. Regardless, karma was swift. Thursday’s 1-year rain severely eroded the side slopes of channels and basins. Eroded sediment also started filling in new ditches and basins.

Repairs and compliance – if attempted – will be costly and time consuming.

Karma Hurts Residents Upstream and Down

While critics might rejoice at the karma, others will pay the price. The developer’s practices increase flood risk for people in Colony Ridge as well as those downstream.

In the development, erosion threatens property.
Downstream, sediment reduces the conveyance of streams, increasing flood risk.

TCEQ has warned the developer about his construction practices before. But many dubious practices continue. See photos below.

The first two are NASA satellite images from Google Earth. I shot the rest on 10/6/23 with one exception.

Threat to Colony Ridge Residents

When a three-mile ditch down the center of Colony Ridge was completed, it was about 120 feet wide at the yellow line.

Today, it’s 76 feet wider.

*Residents on EACH side lost 38 feet of their back yards.*

This ditch has steadily widened since its construction. Without backslope interceptor swales or grass to reduce erosion, millions of cubic feet of dirt swept downstream from this single ditch.

Then, when the water slowed at the headwaters of Lake Houston, the sediment dropped out of suspension, reducing the conveyance of the East Fork San Jacinto.

Here are several shots showing what that erosion damage looks like up close from a helicopter.

Virtually every ditch in Colony Ridge has erosion and compliance problems. Here’s another one.

*No maintenance road. No backslope interceptor swales. No grass on sides of ditch. Note: home on right has no back fence.* *What happened to it?*

*Note piles of dirt stored where they can erode back down into ditches.*

Even detention basins in the newer sections of Colony Ridge have erosion problems. Again, most don’t have grass on the side slopes. Nor do they have backslope interceptor swales. Many, like the one below, don’t have room for maintenance roads.

*Note the erosion threat already to these recently placed mobile homes in a newer section of Colony Ridge.*

*Erosion will soon threaten one of the new roads* *in Colony Ridge.* *Regs specify that rip rap like you see here should have had a geo-textile lining under it to reduce erosion.*

*Erosion washed sediment into new basin. Also note how erosion is starting to block the outfall at the lower right.*

*No backslope swales here. Not much Bermuda grass either. Regs say “side slopes shall be no steeper than 3 horizontal to 1 vertical (3:1).”*

*No grass or backslope interceptor system here. No pilot channels either.*

*Note piles of excavated dirt stacked on both sides of road*, *eroding back into ditches.*

As all those ditches and basins gradually fill in, they will add to future flood risk.

But repairing such issues will be a big, costly challenge – one that the developer has ignored for years.

Threat to Downstream Residents

All this erosion also contributes to downstream flooding and likely violates Section 11.086 of the Texas water code. It states that “No person may divert … the natural flow of surface waters in this state … in a manner that damages the property of another…”

Where does all that eroded sediment eventually go? To Lake Houston, of course.

*East Fork San Jacinto downstream from Colony Ridge* *on Thursday 10/5/23 – same day as shots above.*

The river slows down where it meets the headwaters of Lake Houston. That causes sediment to drop out of suspension.

Harris County, City of Houston and the State just finished a major dredging effort on the East Fork that cost the public tens of millions of dollars.

Before dredging, it looked like this.

*East Fork Mouth Bar after Imelda and before dredging. This bar grew 4,000 feet between Harvey and Imelda.*

But the cost is only part of the issue. Reduction in the river’s conveyance contributed to the flooding of thousands of nearby homes during Harvey and Imelda.

Harris County Commissioners Court May Address Issues on Tuesday

Drainage is a public-safety issue. And it’s not the only one caused by the developer’s disregard for regulations.

Colony Ridge has filled in wetlands.
TCEQ has also documented problems with the Colony Ridge sewage system that led to a 48,000 gallons of fecal matter escaping into Lake Houston, the source of drinking water for 2 million people.
Colony Ridge does not have enough fire hydrants or water pressure to comply with the Liberty County fire code.

Harris County Commissioners Court may discuss these problems on Tuesday at the request of Precinct 3 Commissioner Tom Ramsey, PE. See Item 406 on the Agenda.

The developer alleges that racism motivates criticism of his Hispanic development. But racism does not explain flooding, feces and fire.

The failure of a developer to follow regulations shouldn’t pit Liberty County against Harris County, rich against poor, or Democrats against Republicans.

We all suffer equally. We all face increased risk. And Colony Ridge is one issue where we should all find common cause.

I hope that Commissioners Courts in both counties support the legislature’s investigation into Colony Ridge. I also pray that both Counties can work together to protect all residents.

Posted by Bob Rehak on 10/8/23

2231 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.

Colony Ridge Karma: Area Floods While Developer Hosts Lawmakers

Colony Ridge taught the world about karma on Thursday, October 5, 2023. The development’s main entrance flooded during a meeting of legislators. The purpose of the meeting: to convince legislators that the development wasn’t as bad as media reports.

In eastern religions, karma is when a person’s actions decide his/her future. Think of cause and effect. Sometimes people get what they deserve.

The closed-door meeting and private tour for elected representatives happened in advance of a special session of the legislature that begins next Monday.

The main entrance to the development flooded during or immediately after the meeting. So did areas downstream in Plum Grove. The parking lot of an elementary school flooded so badly that Cleveland ISD had to reschedule an open house. I doubt flooded areas were on the tour.

Drainage Not Meeting Regulations

All this happened during a 1- to 2-year storm that dumped less than four inches of rain in a 12-hour period.

The gage at the San Jacinto East Fork and FM2090 received 3.8 inches of rain. According to Atlas 14, that falls almost exactly in the middle of totals for 1- to 2-year storms and is within the confidence interval of each.

However, the Liberty County subdivision regulations specify that resdiential street drains should be able to carry runoff from a 5-year storm (See page 132, Section 50, C1Ai). It also states, “Major thoroughfares should accommodate five-year peak runoff rates with a minimum ten-foot dry travel lane and 25-year peak runoff rates without overtopping curbs.” Regardless of how you classify the streets below…

Thursday’s rainfall should not have covered these streets if Colony Ridge had built roads, channels and stormwater detention basins to Liberty County standards.

But look at the pictures that residents sent me that day.

colony ridge karma — *Photo supplied by reader showing Colony Ridge main entrance during storm on Thursday, October 5, while developer schmoozed lawmakers elsewhere.*

*FM1010 at Orange Branch downstream from Colony Ridge in Plum Grove during same storm.*

Insufficiently mitigated drainage that causes flooding is a huge public safety issue. However, it certainly doesn’t get the attention it deserves short of a major disaster, such as Hurricane Harvey. Harvey wiped out the FM1010 bridge over Rocky Branch due to excessive, uncontrolled runoff from Colony Ridge. The bridge has not been repaired to this day.

*FM1010, the main north-south artery between Huffman and Cleveland*

That’s a huge public safety issue in itself. The legislature should address it. FM1010 is a major evacuation route.

But according to KHOU, lawmakers who attended the developer’s PR counter-offensive didn’t see anything wrong with Colony Ridge.

Karma Part II: High-Profile Crime

Ironically, in addition to flooding, a high-profile crime happened shortly before the meeting with lawmakers. A young man was kidnapped at gunpoint by three armed teens in Colony Ridge. That triggered a response by police, Texas Rangers and the Liberty County SWAT team. They captured one suspect and launched a manhunt for the other two.

Subsequently, the Liberty County Vindicator reported that a coalition of lawmakers citing rampant crime and a possible drug-cartel presence are urging the state to put the embattled Colony Ridge development under government conservatorship.

According to the Vindicator, the Texas House Appropriations, County Affairs, Public Health, and Criminal Jurisprudence committees proposed establishing funding for a Texas Department of Public Safety substation to multiply law enforcement presence in Colony Ridge. Colony Ridge remains unincorporated despite being the largest settlement in Liberty County.

Political/Media Brawl

The sudden surge in media attention surrounding Colony Ridge problems has generated its own media attention. The developer called his critics racists. Both the Associated Press and Houston Chronicle have rushed to his defense. They implied that Colony Ridge problems are overblown and that the developer is providing a path to homeownership for low-income Hispanics.

However, the stories ignored the developer’s usurious interest rates and couldn’t even get the age of the development correct. The lead sentence in the Chronicle article (which borrows heavily from the AP article) begins with “For two decades, Colony Ridge has been an escape for low income…” [Emphasis added.]

Satellite images in Google Earth show that the first Colony Ridge homes started appearing in October 2014 – nine years ago, not 20.

In the upcoming special session, I hope we can focus on real issues that affect human beings, such as flooding, and not just trade barbs. We need to get past the misinformation and political spin to solutions.

Tomorrow: Karma Part III

Tomorrow, I will publish a photo essay that shows Colony Ridge last Friday. Come back for Karma Part III. During Thursday’s rainfall, erosion damaged months of work on ditches and stormwater detention basins, also not built to Liberty County or industry standards.

Posted by Bob Rehak on 10/7/23

2230 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.

New York Post Publishes Gripping Exposé on Colony Ridge

Dana Kennedy of the New York Post published a 2,500-word exposé on Colony Ridge titled “Murders, cartels, squalor: Inside ‘colony’ near Houston accused of being ‘haven for illegal aliens.’”

Kennedy spent weeks researching and writing the article. She interviewed the developer as well as residents, neighbors, local officials and law enforcement. Her story includes 27 photos and a 10-minute video – rare for a daily newspaper. If you really want to get a feeling for Colony Ridge and its impact on surrounding areas, Kennedy’s article is a great place to start.

Summary Of Exposé

She delves into the development’s housing, population, criminal activity, drug cartels, roving dogs, gang activity, access issues and how it has become a magnet for illegal immigration.

In short, she covers why Governor Greg Abbott is making it part of a special legislative session that he called for next Monday. And why Texas’s 25 House Republicans have unanimously called for an investigation.

Kennedy then segues into how the developer markets the property to Hispanics, i.e., with owner financing, small down payments, and interest rates up to 15%. She also details the high foreclosure rates and the revolving door at the county courthouse that allows the developer to resell the same property multiple times.

From there, she turns her attention to the impacts on surrounding communities – homes flooded, FM1010 washed out, endless traffic snarls, a severed human hand that a dog dragged home, and plummeting property values. She lets disenchanted purchasers and neighbors tell their stories in their own words.

Developers Claim of Racism Disputed

The developer blames the criticism on racism among the locals. Former Plum Grove Mayor Lee Ann Penton-Walker disputes that. “We don’t have the infrastructure to take on all these new people. Hell, Houston doesn’t. New York doesn’t. Look what your mayor’s been saying lately. Is Eric Adams a racist?”

The developer’s claim of racism belies the fact that most of the criticism in the story came from Hispanics.

Kennedy ends her expose with some quotes from me about conditions “hazardous to human health.” They referred to TCEQ reports documenting sewage spills and poorly mitigated drainage.

How the Other Half Lives

All told, it’s a gripping story and a solid piece of journalism. It reminded me of the work done by a pioneering photojournalist in New York named Jacob Riis. He documented living conditions in New York City slums during the 1880s. Riis published a book called “How the Other Half Lives.” It served as a basis for future muckraking journalism by exposing the slums in New York to the City’s upper and middle classes.

I hope Kennedy’s work for the Post has a similar impact and brings Colony Ridge to national attention. Even more, I hope it brings about some much needed change.

Just hours after the Post published Kennedy’s story, the developers launched a PR counter-offensive. They hosted a tour of Colony Ridge for state legislators who will begin their investigation into the controversial development next week during their special session.

The address below probably won’t be on the PR tour.

*Remnants of an American dream, thanks in part to the scarcity of fire hydrants in Colony Ridge.*

For more about Colony Ridge drainage and related infrastructure issues, see these posts.

Posted by Bob Rehak on 10/5/2023

2228 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.

Woodridge Village Excavation Slows

During September, Sprint Sand & Clay excavated another 5,698 cubic yards of material from Woodridge Village, down slightly from the previous month. However, that brought the total to date up to 150,724 cubic yards – a nice milestone.

Attempted development of the property contributed to the flooding of neighboring properties twice in 2019 during May and September.

Background of Project

Sprint’s excavation will create a sixth stormwater detention basin on the former Perry Homes property purchased by Harris County Flood Control District (HCFCD) and the City of Houston in 2021.

Sprint began excavation in January of 2022 under an Excavation and Removal Contract (E&R). The E&R contract gives Sprint the right to remove up to 500,000 cubic yards of material for just $1,000. Sprint then makes its money back by selling the dirt at market rates.

Where Things Stand

To date, here’s where things stand in relation to possible goals:

	Acre Feet of Stormwater Detention	% of Atlas-14 Requirement	% of Ultimate
Site Had When Purchased from Perry Homes	271	70%	47%
Has as of 10/3/23	364.4	94.6%	62.8%
Atlas 14 Requires	385	100%	66%
If Sprint Excavates All 500K Cubic Yards	580	150%	100%

As of 10/3/23

The rate of excavation slowed in September compared to August. During August Sprint excavated 10,353 cubic yards – almost twice as much.

E&R contracts often fluctuate like this depending on home- and road-building activity nearby. Regardless, Sprint still exceeded its contract’s monthly minimum of 5,000 cubic yards.

Before/After Pictures For September

The first two photos below show the extent of excavation at the beginning and end of September.

Woodridge Village E&R activity — *Looking NE from SW Corner. Beginning of September.*

I see no dramatic changes. They did, however, nibble away at the edges in the top left corner, where the tire tracks lead to. Here’s a closeup of that area.

*NW limit of excavation as of September 30, 2023*

*Reverse angle looking SW.* *Notice removal of surface layer in the lower right.*

Rain always slows construction activity and it may have played a role here. The pool of water above was one third this size at the start of the month.

5,698 cubic yards of material for September equals 3.5 acre feet. At that rate, the detention basin will not reach Atlas-14 requirements for another 5-6 months. It appears unlikely at this point that Sprint will meet Atlas-14 requirements by the end of the year – unless Sprint really sprints.

No Engineering Report Yet

At the start of the project, HCFCD planned to go beyond Atlas 14 to accommodate possible future increases in rainfall requirements and upstream growth. That would provide an extra margin of safety for people in the area.

HCFCD still has not released the final engineering report yet for Woodridge Village and Taylor Gully. So we don’t know yet how large this detention basin will be, i.e., beyond Atlas 14.

That final engineering report will also determine the final shape of the basin and its connectivity to other drainage on the site.

Posted by Bob Rehak on 10/3/23

2226 Days since Hurricane Harvey

Contractors Clearing South Side of Northpark Entry at US59

October 2, 2023 – Contractors finished clearing the north side of Kingwood’s Northpark entry last week. Now they have shifted their focus to the south side to make room for two stormwater retention basins that will double as decorative lakes.

TxDoT requires the basins to catch extra runoff caused by widening of the road.

Photos Show Progress of Northpark Entry Construction

The focus of the project’s landscape architects now is saving as many trees as possible. I took the photos below with one exception on 9/30/23.

*Looking west.* *Trees remaining on the south (left) side of Northpark have been marked for transplantation.* *Excavation of pond on north (right) side should begin in mid-October.*

In the photo below, note the rings around the remaining trees on the south side.

*Those rings help retain water and nutrients being given to the trees to enhance their chances of surviving transplantation.*

*Looking E. Note how row of trees on the left screen the entry from the busy shopping center behind them. Also notice how the right side does not have a similar row of trees.*

Landscape architects will relocate most of the remaining trees on the right/south side of Northpark to create a backdrop for the new pond. Some trees will remain in front of the pond. See the latest plan below.

Handling Overflow from Ponds during Heavy Rains

To avoid flooding the Northpark entry area, contractors will channel overflow from the ponds west to Bens Branch and the Kingwood Diversion Ditch.

*Looking east. Note clearing on the left/north side of Northpark to lay the new stormwater line that will carry overflow from the ponds* *to the east.*

*Looking west toward 59. The stormwater line will go behind Public Storage (upper left) and carry water toward the Kingwood Diversion Ditch and Bens Branch.*

Northpark Drive expansion; — *Route for excess water. Circle shows location of photo above this one.*

Status from Diversion Ditch to 494

*Looking east from Russell-Palmer to Kingwood Diversion Ditch. Virtually all of the ditch has been replaced by box culvert.*

*A coffer dam remains around an out-of-place water line that needs to be lowered.*

Re-engineering of the water line has begun in concert with the City of Houston.

*Farther east where culverts have already been placed, you can start to see how Northpark will be widened inward toward the center to create two extra lanes of traffic.*

*Looking west from Russell-Palmer, contractors are still waiting for Centerpoint to move a gas line out of the median to the side of the road.*

Until Centerpoint moves that gas line, contractors will focus on other parts of the project, such as the entry.

Saving Money While Saving Trees

At their monthly meeting last Thursday, Lake Houston Redevelopment Authority/TIRZ board members discussed the escalating cost of relocating trees. Costs increased as trees grew between the original estimate and today.

After the meeting, Ralph De Leon, the project manager, met with contractors, the landscape architect and project designer. They developed a new plan to help hold down costs.

Previously, some trees were to be moved twice, first to a temporary holding location on the north side of Northpark and then back to their final spot on the south side. Why? Contractors needed to build up land behind the pond on the south side of Northpark before transplanting the trees.

The new plan calls for building up the land before moving ANY trees. That will eliminate the cost of the double move. It will also reduce traffic disruption. Tree moving equipment will no longer have to cross Northpark.

Main Goals of Northpark Project

Overall, the main goals of the Northpark project include:

Widening the road to reduce delays caused by increased traffic
Building a bridge over the UP railroad tracks to eliminate traffic blockages
Creating a reliable, all-weather evacuation route for Kingwood

For More Information

For previous posts about Northpark construction, see the following:

Also visit the Lake Houston Redevelopment Authority/TIRZ 10 Project pages at https://lakehoustonra.com.

Posted by Bob Rehak on 10/2/23

2225 Days since Hurricane Harvey

Entire Texas Republican Congressional Delegation Urges Abbott, Paxton to Investigate Colony Ridge

A letter dated September 30, 2023, and signed by all 25 members of the Texas Republican Congressional delegation urged Gov. Greg Abbott and Attorney General Ken Paxton to investigate numerous allegations related to Colony Ridge in an upcoming special session of the Texas Legislature. The Colony Ridge developer has already launched a charm offensive designed to defeat what it calls “scurrilous rumors and lies.”

Congressional Letter Suggests Scope of Investigation

The controversial Liberty County development has drawn media attention dating back to at least 2015. The letter by Texas Congressional Republicans refers to many of those. Allegations in the letter include:

“Owner-financed loans with no credit check or proof of legal residency, making the location an optimal haven for illegal aliens amid a historic border crisis.”
Public safety concerns, including creating a “no-go zone” for law enforcement
Sewage spills
Fecal contamination in drainage ditches
Significant erosion in drainage ditches leading to increased risk of downstream flooding
Adverse effects on neighboring communities
Unsuccessful local attempts to remediate issues
Lack of fire hydrants
Improvised living conditions
Water, power and flooding issues
Violent crime including several high profile murders
The largest drug busts in the history of Liberty County
Drug cartel activity
Overwhelming the Cleveland ISD with “thousands of illegal aliens.”

The letter concludes with:

A list of things that the Congressional Republicans have fought for at the federal level to make America secure.
A request for Abbott and Paxton to share the results of their investigations with Congress.
An offer to assist the state.

Since media attention to Colony Ridge has mushroomed, claims like those above have become harder and harder to brush off – especially in an election year, when Republicans have framed illegal immigration as a core issue.

To see the full, six-page, footnoted letter, click here.

Will Investigation be Instant Replay of Paxton Impeachment Trial?

Ironically, Paxton’s office will theoretically do the investigating. His recent impeachment trial centered around his relationship with a developer (but not this one). It will be interesting to see how/whether that affects this investigation. Only one thing is certain: Paxton, Abbott and Colony Ridge will be under a national spotlight.

Colony Ridge Developer Launches Charm Campaign

The developer also released a letter, one day ahead of the Congressional letter. (See below.) It calls the allegations “salacious lies and rumors.” It offered to give members of the Texas legislature tours of Colony Ridge in advance of the upcoming special session. I’m sure the tours will be heavily curated. For instance, I doubt they will:

Go down streets with horrific living conditions
Highlight their lack of fire hydrants
Show off sewage spills
Point out the bridge they blew out on FM1010
Highlight the repossession rate of property (I talked to one owner of a new lot who was the fourth owner.)
Tour eroded channels (that would require maintenance roads at a minimum).

Here’s the Colony Ridge letter.

Notice that the developer’s letter does NOT deny drainage problems.

Complies with All Regulations? Really???

I was not invited to the developer’s party. But any member of the Texas legislature who wants to see whether they comply with Liberty County regulations can consult these posts.

Colony Ridge Stormwater Detention Basins, Ditches Fail to Meet Liberty County Standards

When I first started exploring Colony Ridge, I learned that Liberty County did not have construction plans, nor required drainage studies for many Colony Ridge subdivisions. And those that the County could supply underestimated the runoff from Colony Ridge by misrepresenting the soil types found there. The extra runoff blew out FM1010 which remains unrepaired as of this writing.

Colony Ridge Drainage Reports Misrepresent Soil Types, Underestimate Runoff; Many Reports Missing

Colony Ridge also failed to meet fire-hydrant spacing and pressure requirements in the Liberty County Fire Code. I have ten fire hydrants on my block. At last count, Colony Ridge had 59 in an area 50% larger than Manhattan.

As Wildfire Weather Sets In, Fastest Growing Area in Liberty County Fails to Meet Fire-Code Requirements

If you want to see an example of their “fully engineered” sewers, see this post. But hold your nose.

48,000 Gallons of Fecal Contamination Found in Liberty County’s Colony Ridge Ditches, Streams; Problems Persist

This post explores more Colony Ridge issues and impacts…

History of Heartbreak: A Colony Ridge Chronicle

Posted by Bob Rehak on October 1, 2023

2224 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 Flood-Mitigation Dollars Have Really Gone

An analysis of Harris County Flood Control District (HCFCD) and partner spending since 2000 reveals striking contrasts between watersheds in terms of where flood-mitigation dollars have gone.

Watersheds vary as much as 130 to 1 since 2000 and almost as much since Harvey. Most watersheds remained relatively constant in the rankings during the different time periods. However, a few have shifted up or down a few positions as land was acquired for projects or construction kicked off.

Data below includes spending by HCFCD and its partners from 1/1/2000 to 6/30/2023.

Main Takeaways from the Data

The big stories:

Since 2000, the top four watersheds received more flood-mitigation dollars than all 19 others put together. The top four include: Brays, Greens, and White Oak Bayous, and Cypress Creek.
Since Harvey the top four received 48%.
The distribution of funds continues to show the impact of Harris County’s Equity Prioritization framework.

Harris County’s Equity Prioritization gives weight to race and low-income areas, but not flood damage, the severity of flooding, or protection of infrastructure.

San Jacinto Gets Above Average Damage, Below Average Funding

The San Jacinto ranks below the averages (before 2000 and since Harvey) for flood-mitigation dollars – despite ranking 8th in damaged structures among all 23 watersheds. Damage totals include five major storms (Allison, Memorial Day, Tax Day, Harvey and Imelda).

Watersheds Ranked by Funding Since 2000

Here’s how the funding looks in graphs and tables. All data was obtained from HCFCD via FOIA requests.

*Data obtained from HCFCD via FOIA requests. Includes Harris County and partner spending.*

Here’s the actual data if you want to see exactly how much your watershed received.

Watersheds Ranked by Funding Since Harvey

Now let’s look at the how spending shifted after Harvey. Not much, at least relatively speaking.

*Includes Harris County and partner spending.* *San Jacinto climbed two spots, but it is still barely above the median and far below the average.*

Here are the actual totals for each watershed shown in the graph above.

Feet above Flood Stage

Now let’s look at the severity of flooding. The chart below measures feet above flood stage at different Harris County gages.

Flood Stage is the level at which a river, stream or channel comes out of its banks.

I compiled this chart from data in the Harris County Flood Warning System website.

That 20+ feet above flood stage at the San Jacinto West Fork and US59 was the highest I found in the county.

Damage to Infrastructure

That 20+ feet destroyed Kingwood College, Kingwood High School, all of the businesses in Kingwood Town Center and Kings Harbor, the southbound lanes of US59, the Union Pacific Railroad Bridge, Memorial Hermann’s new Convenient Care Center, sewage treatment plants, and a senior housing complex.

*Harvey flooded 6 of 9 buildings at Lone Star College/Kingwood. Repairs cost a total of $60 million.*

I-69 damage and repairs — *I-69 Bridge replacement after Harvey. Repairs took 11 months creating massive delays and detours.*

UP Bridge — *Union Pacific Railroad Bridge that parallels US59 was destroyed and required complete replacement.*

*New HEB shopping center 1.5 miles from the San Jacinto West Fork was under more than 7 feet of water during Harvey.*

Six years after Harvey, many of the commercial areas in Kingwood still haven’t fully recovered. Anchor stores remain empty in three of five shopping centers on Kingwood Drive between Town Center and US59.

Achieving True Equity

While I’m sympathetic to the plight of poorer neighborhoods, I cringe at the self-serving definition of equity used by a Democratic-dominated Commissioners Court to deny funding to the hardest hit area in the county.

We need a system that’s fair to all, not just some. Anything less will perpetuate racial distrust. This is a public safety issue and public safety should not be politicized.

Posted by Bob Rehak on 9/30/23

2223 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.

Will We See Fujiwhara Effect? Twin Spin in Atlantic

Weather buffs could soon be treated to a rare event: the Fujiwhara Effect. That’s when one tropical storm collides with another. Topical Storm Philippe is being overtaken by the newly formed Tropical Storm Rina. See the satellite image below taken around 12:30 PM CDT.

Will They Merge?

I asked Harris County Meteorologist Jeff Lindner what happens in such a case. His response:

“Generally speaking the weaker system will rotate around the stronger system. This is known as the Fujiwhara Effect.”
Harris County Meteorologist Jeff Lindner

Wikipedia offers a great description of this rare event and some of the parameters necessary for it to occur.

“The effect occurs,” says Wikipedia, when two nearby cyclonic vortices move around each other and close the distance between the circulations of their corresponding low-pressure areas. The effect is named after Sakuhei Fujiwhara, the Japanese meteorologist who initially described the effect. Binary interaction of smaller circulations can cause the development of a larger cyclone, or cause two cyclones to merge into one. … Tropical cyclones typically interact within 870 mi. of each other.”

These storms are already within that radius. At this hour (3:30 PM CDT on 9/28/23), the centers of Philippe and Rina are 631 miles apart, but their outer bands are already interacting as you can see in the photos above. And the effect will likely become stronger.

Philippe (left) is moving at 2 mph and Rina at 10 mph. So they will come even closer.

Cones of Uncertainty

The two maps below show projected tracks for the next few days. But remember, the center of the storm has an equal chance of passing through any point within the cone of uncertainty.

Here’s the cone for Philippe.

Here’s the cone for Rina.

Pick a spot on the grid and compare the projected locations over time.

Wikipedia says, “Rotation rates accelerate when tropical cyclones close within 400 mi of each other. Systems typically merge when they are within 190 mi of one another.”

So we have at least a few days to watch these two and a developing Fujiwhara effect if any.

At an 8 mph closing rate, two storms 631 miles apart would take about 2.5 days to get within 190 miles of each other.

How to See if They Merge

Mergers are fairly rare, according to Wikipedia. But these two could tango. So watch to see if they merge over the next few days. Exact predictions are difficult, because of the uncertainty associated with storm tracks.

However, you can check their progress and proximity visually by looking at the satellite images on NOAA’s National Hurricane Center website. Select from several different options within the “Atlantic-Wide View”: Geo-Color, Visible, Short Wave IR, Infrared, and Water Vapor.

Regardless of what happens, NOAA does not predict that these storms will come anywhere close to Texas. So sleep easy.

Posted by Bob Rehak on 9/28/23

2221 Days since Hurricane Harvey

For Better Flood Mitigation, Let’s Dig a Little Deeper

When I say “dig a little deeper” to improve flood mitigation, I’m speaking metaphorically, of course.

On September 17, 2023, Jim Blackburn, a lawyer and professor of environmental law in the Rice University engineering department, published an article in the Houston Chronicle. He titled it, “What Houston’s next mayor needs to do about flooding.”

Both Prof. Blackburn and the Chronicle labeled the article “opinion.” That’s fortunate because in some areas, Blackburn made assertions contradicted by facts. In most other areas, he made high-level recommendations without any specifics.

For example, among other things, Prof. Blackburn argues that Houston’s next mayor should:

Build more mitigation projects for Halls and Greens Bayou Watersheds, which he says haven’t received their fair share.
Address climate change with better planning and engineering tools.
Speed up buyouts.

Let’s examine each and why we all need to dig a little deeper if we want to improve flood mitigation.

Halls and Greens Bayou Watersheds

Both Halls and Greens watersheds HAVE received mitigation projects. Many. And more than their fair share. You can see it in spending data and on the ground. However, Harris County Flood Control District has delivered the projects, not the City of Houston.

HCFCD and its partners have spent more than $390 million on Greens and Halls mitigation improvements since 2000. Greens has received more dollars than any other watershed except Brays (where Rice is). And tiny Halls ranks third in dollars per capita among all watersheds.

Professor Blackburn and his graduate students need to dig a little deeper. They should get out more and smell the construction dust. For example, here is a new Halls Bayou detention basin, one of many built in the watershed during the last 10 years.

New Halls bayou detention pond — *New Halls Bayou Detention Basin west of Keith Weiss Park, photographed in March 2022.*

Then, there’s this new detention basin along Greens Bayou at Cutten Road under construction in 2021. Again, it’s one of at least a half dozen built in the last ten years along Greens.

Cutten basin — *One portion of the massive Cutten Road stormwater detention basin on Greens Bayou*

I compile flood-mitigation funding by watershed through quarterly FOIA requests. I also cross-check the data by photographing construction from the air.

Photos such as those above support the spending reported below. However, neither the photos nor the spending data fit the current, popular political narrative about “historical disinvestment” in low-income minority neighborhoods.

*Includes both Harris County and partner dollars*

Of the top five watersheds above, four have a majority of low-to-moderate income residents; only Cypress Creek does not. Those five watersheds have received 60% of all funding going back to 2000, compared to 40% for the other 18 watersheds put together.

From high to low in the graph above, spending varies by 130X. Such data shows that many watersheds have been historically deprived – in the name of “equity.” But those deprived tend to be on the more affluent end of the spectrum.

Address Climate Change with Better Planning and Engineering Tools

Next, Professor Blackburn wants to address climate change with better planning and engineering tools. It’s hard to see what more the next Mayor of Houston could do in this regard.

Professor Blackburn asserts that we need to “understand our changed rainfall patterns and integrate that knowledge into every aspect of the City’s thinking.”

Since Harvey, the City has already adopted NOAA’s new Atlas-14 rainfall-probability statistics and incorporated them into its regulations. So, design professionals are already working on new, updated assumptions.

Plus, NOAA is currently working on Atlas 15 which predicts future impacts of climate change. But NOAA won’t release those stats until 2027 at the earliest – after the next mayoral election.

Professor Blackburn, a reputed expert, doesn’t define how climate is changing, but asserts that professionals should consider the changing patterns. He believes they should engineer “streets, sewage treatment plants, underground and above-ground stormwater systems, floodplains and general drainage flow patterns” with the unspecified climate patterns in mind.

It’s hard to argue against progress. But the real issue, in my opinion, is that leaders in many surrounding cities and counties have not yet uniformly adopted NOAA’s Atlas 14 standards. Perhaps the next Mayor could jawbone them into sending less water downstream.

The Mayor could also discourage large increases in impervious cover under proposed programs such as the Houston Planning Commission’s so-called Livable Places. Livable Places would disproportionately increase flood risk for low-income and minority neighborhoods because of the program’s linkage to mass transit.

Speed Up Buyouts

Blackburn believes that buyouts should happen faster after a flood – before people rebuild. Most people agree that the process needs streamlining. But how?

Experts have proposed multiple improvements. However, none has gained traction across the board with local, State, and Federal lawmakers.

For instance, after Harvey, Harris County Flood Control executives pitched plans in Austin for a QBF (Quick Buyout Force). Instead of waiting for:

The President to declare a disaster
Congress to vote funds
FEMA to design rules for disaster relief
The State to adopt them
Local agencies to identify eligible recipients and solicit applications
Local, State and Federal authorities to review and approve the applications, and
Money to flow through the pipeline…

…HCFCD argued for pre-approval of guidelines and to have a pot of funds available before disaster strikes, kind of like a savings account for a rainy day. Money could then be used immediately. Local agencies would later reimburse the Federal government for money they didn’t use.

Houston’s next Mayor could throw his/her influence behind such a plan or a suitable alternative.

Unfortunately, Prof. Blackburn doesn’t recommend a plan. Nor does he dissect each issue and give us the benefit of his wisdom. With all the brainpower and resources at his disposal, he could make a genuine contribution to the community. Perhaps his future opinion pieces will elucidate how we should improve beyond simply preparing for the future.

Collectively, we all need to dig a little deeper to improve flood mitigation. We need to start with facts and get down to specifics.

Posted by Bob Rehak on 9/27/2023

2220 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.