Feedback on Comcast Post Shows Public-Safety Threat Widespread

After posting about the public-safety threat created by Comcast and its subcontractors yesterday, I received feedback from more than 70 people. The comments show that the safety threats are widespread and ongoing. They include:

  • Broken gas, electrical, water and sewer lines
  • Holes left open and unfenced for weeks
  • Unreported repairs by unlicensed, unqualified people

The comments below paint a picture of a cavalier attitude toward damage, incompetence, training and safety. That attitude is a public-safety threat in itself.

Reader-supplied photo shows Comcast contractor doing Wallenda imitation.

Comments totaled more than 40 pages, so I will summarize them below (including a couple received before the post). My apologies in advance if I left your comment out. Many were redundant. Let’s look at the bright side first.

Two, Tongue-in-Cheek, Positive Comments

Two people actually made semi-positive comments, although I suspect they were tongue in cheek.

One said that when Team Comcast killed a tree on his neighbor’s property, it gave him more sunlight.

And a repair man said he was making thousands of dollars fixing damage caused by Comcast, Aspen Utilities, and their subcontractors.

But the rest of the comments were unquestionably negative.

Gas, Electricity, Sewer, Water, Communication Lines Cut

One resident said, “They have been hitting everything in their path: water, sewer, and gas. We know for a fact they never requested 811 to mark any lines before they began work. This resulted in 100+ gas-line ruptures.”

Another said, “Thankfully, they’re finished in [my village]. I think. During their time here, I am aware of FIVE instances that they cut into gas lines.”

Yet another lamented, “…most of us are tired of having our yards torn up and our utilities being taken out of service by the irresponsible and incompetent contractors… I’ve seen or heard of gas lines being cut, water pipes breaking, irrigation systems being torn up and the internet that is already in place having lines cut.”

Another: “…if you have to dig and you can’t see, that’s one thing, but when you can SEE it, that’s just stupid. The stories I’ve heard are very costly and numerous.”

Another: “They left a giant hole in my yard and destroyed everyone’s fences. They are literally falling over. … They broke my neighbor’s plumbing. A real **** show. Not a pun.”

Another: “They hit my sewer line. And they hit a gas line a few streets down from me. They also cut my Tachus line TWICE!”

Another: “They … cut thru my TV line.”

Attempted Intimidation, Broken Promises

Aspen Utilities, Comcast’s main contractor, has tried to use the police to coerce terrified residents into cooperating with them. But in at least one case it backfired.

One resident wrote: “They called the police on me because I refused to let them in my backyard. [I wanted to talk to a supervisor first] so I could let them know all the damage they did. A red-haired punk called the police. When the officer got there, he was told (by Vincent with Aspen) to scare and intimidate me.”

“Well, guess what the officer did?” the resident continued. “He let me know that he was definitely not there to scare or intimidate me and that he has received many calls about homeowners being frustrated with the damage Aspen has done.”

“I took the officer to my back and side yard. He saw the unsecured green box with protruding wires; a clearly marked grave where they dug up our pet; and damage to our fences, trees and lawn.”

Then Aspen backtracked. “Miraculously, an Aspen supervisor arrived quickly and was in disbelief about what had been done,” said the resident. “[The supervisor] promised to have a crew come out and repair the damage. Weeks passed, no one called or came. Then a man showed up with no ID and wanted in my back yard. I refused. A lady with him got out of the truck and interpreted for him. I asked for the name of his supervisor and about a week later Fransisco came out.”

“Of course, he denied most of the damage, stated that their boring machine only parks on the street, and he had no idea why it was parked in my side yard for days. Fransisco promised that the damage would be repaired. That was about a month and a half ago. And we haven’t heard back since,” said the resident.

Another resident said, “I have damage to my yard, fences, and trees from Aspen. I can’t tell you how many phone calls made, emails sent, photos taken, visits from Aspen management/supervisors, posts on social media, etc. Aspen busted a water line while digging in my yard. There has been so much damage in our subdivisions.”

He continued, “Aspen will not correct damage they have done. I was told by a supervisor that they have the blessing from COH and all HOAs. It appears that they aren’t held accountable for their ongoing destruction and damage.” Editor’s note: Aspen most assuredly does NOT have the blessing of all HOAs.

Unreported Problems, Unlicensed Repairs Infuriate Inspector

One resident reported that, “In late September, we returned from being out of town and upon the very first flush of a toilet, the sewer line backed up into our house, flooding the master toilet area etc. … They said that yes, they had cut the sewer line while doing whatever it is they were attempting to do. … We only prayed that they actually knew what they were doing and this was a permanent fix. I guess time will tell.”

Another said, “They busted our water line and I’m not sure who repaired it. We weren’t home at the time so I don’t know. Our water bill has gone up significantly since this happened (with no difference in usage.) I surely hope it was repaired properly. When I brought this up to Francisco, he just said it happens a lot and it’s not a big deal.”

Based on a third report, those hopes may be unfounded. A third resident complained, “Two weeks ago, they began on our street. By that night, sewage was backing up in our home and several others’ homes. They said they would repair damages and we would be compensated. Fast forward. They did a horrible, shoddy, patch job that we refused and requested a licensed plumber. Today, the City came to inspect. The inspector asked me what happened, and I made him aware.”

“I showed him pictures of their repairs all over town,” said the resident, “and he was very upset. He asked for me to collect names, pictures, and addresses. He said they will be fined for every picture and address we can report. He said if a licensed plumber doesn’t make the correct repair, Kingwood will have a horrible sewage and plumbing issue that will make our property values plummet.”

The resident continued. “The City had no idea [Comcast contractors] had been hitting any water or sewer lines. He was very upset because they are, by law, supposed to report the damages, and a licensed plumber must make the repairs. When the repairs are complete, he said, the City comes and inspects them. He said what they are doing is against the law and cutting corners.”

Lengthy Delays, No Warnings as Promised

Comcast and its contractors are supposed to warn people when they will start work in neighborhoods. Even though Aspen says they distribute door hangers telling people when they will start, many residents claim they have received no warning.

In my case the start time was off by a month. The warnings also don’t explain that there may be lengthy pauses in construction, effectively creating two or more phases, months apart. Aspen has been in my neighborhood for TEN months.

One resident said, “They came out in July and put flags in my yard. Here it is in October and they are just now returning to do the work.”

Another complained “On my street, I am next in line on Monday. The work was started in July!” (Four months ago.)

A third said, “My biggest complaint is that we had zero information prior to the project getting underway about what exactly was being done, which contractors were responsible for doing what aspects of the project, and more important, what they were not allowed to do, such as parking in driveways and leaving unfilled holes. It would have been nice to get a heads up a day ahead that they would be working in our yards especially if you have dogs.”

Another said he felt as if he was a captive of Aspen’s unpredictable schedule. They came in his yard without notice and left gates open, allowing his dog to wander away.

Unfilled Holes Left Open for Months, Some Cause Injuries

Aspen contractors excavate holes to identify the location of other utilities so that Aspen can avoid them when installing Comcast lines. Aspen is supposed to cover them with plywood and surround them with orange construction fencing until they are refilled after the installation. But many residents report that they don’t.

One said, “Our lawn guys fell in a 9-foot hole [Aspen and its Contractors] did not cover. Both had to go to emergency. They contacted the lady from Aspen, who called them once and crickets after that.”

Another also reported a worker falling in an open hole: “…it was like a cartoon with the guy walking over an open manhole cover. He went in and was holding himself up by his arms and feet weren’t touching.”

Lengthy delays between the excavation and installation increase the safety risk. One lady reported two holes in her backyard for 2.5 months that her dog was beginning to enlarge. “To be on my little 5-house cul de sac on and off for 2-1/2 months was absurd. They needed to finish one area and move on to the next. They hit so many different lines along the way: sewer, gas, cable and probably others. I definitely think they are a threat to public safety.”

Another: “None of the holes in our backyard were ever covered or netted, and they left it like that for weeks.”

Another: “Too much damage is occurring with digging in the backyards. How many more cable internet companies will the city allow to dig in our backyards?”

Another: “There is no excuse for them not filling in holes. That crew sounded like The Three Stooges plumbing company, not very effective…and highly destructive.”

Another: “We still have holes at both sides of our backyard.”

The City of Houston’s Department of Neighborhoods levies fines up to $2,000 each for unfilled excavations. So report unfilled, unmarked holes!

Reader-supplied photo shows Comcast hole only partially covered.

Not Observing Best Practices, Lack of Supervision

One man who worked in communication construction wrote: “Where are the Comcast Field Engineers (inspectors)? I rarely see a Comcast representative in Kingwood and I’ve never seen one outside of his truck actually inspecting.”

“Traffic control is non-existent,” continued the resident. “Traffic can get dicey when construction equipment is parked at the curb of a curved street. This requires driving into oncoming traffic and passing blindly with my fingers crossed. Where are their flaggers?”

But he didn’t stop there. “Construction spoils/dirt accumulates on the roadway in some areas and sure gets slick when it rains. This should be swept with a power broom by Aspen but there aren’t any inspectors to enforce it. Shouldn’t the C/O/H have an inspector watching roadway safety?”

He also pointed out other best practices being ignored.

  • Digging/Dirt work – “I’ve witnessed many pits that are six to eight feet deep. I’ve seen a few that are deeper. I haven’t seen any attention to safety. Trenches or pits or any excavation requires shoring or a step-back cut on anything deeper than five feet. Cave-ins are quick and deadly.”
  • Open pits/excavation – “If a child or anyone falls in a hole, the presence of plywood and construction netting will not hold up in court. The holes should be filled in or covered with steel plates. But that costs money.”
  • Restoration – “You’ve seen it. It’s almost nonexistent and usually substandard.”

The resident is now retired, but formerly managed construction of large communication projects from coast to coast. He added:

“I would have been fired for ever allowing this type of work.”

Communications Construction Manager

Believes Problems Rooted in Corporate Culture

One reader, whose husband worked for a Comcast competitor reported that he had seen such problems before. “My husband worked for 26 years on the construction side of Verizon and sometimes had to work alongside Comcast and the contracting companies they hired. We’re very familiar with how they work. If at a point, the contracting company realizes that something hasn’t been prepped (i.e., lines located), they should be standing up to Comcast and saying they won’t dig until that something has happened, but [in Comcast’s case] they don’t.”

Another said, “They did the cheapest job possible and cut as many corners as possible to save a dime. Now they are just feeding us all BS and giving us all the run around.”

One of my neighbors, who flooded badly during Harvey, has kept smiling throughout the disastrous Comcast installation. He said, “Cue the Benny Hill soundtrack when Comcast trucks show up.”

For More Information on How, Where to Report Damage

Comcast and the City claim they aren’t hearing about damage from Kingwood residents. How can you make sure the right people hear about what Comcast and its contractors did to you? See this post or click on the picture below.

Where, How to Report Comcast Damage

Posted by Bob Rehak on 10/29/2023

2252 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.

 

When Does an Amenity Become a Threat to Public Safety?

I have received a flood of complaints recently about a threat to public safety: the Comcast/Xfinity installation by Aspen Utilities now underway in Kingwood. Yesterday, I experienced the threat firsthand when an Aspen crew cut into a neighbor’s CenterPoint gas line. Ironically, the CenterPoint line had already been exposed and identified. Fire department and CenterPoint personnel were shocked and shaking their heads in disbelief.

Sadly, this was not an isolated instance. It raises questions about the competence of the installers and whether having a third internet provider in a crowded utility easement is a threat to public safety.

A Brutal Wake-Up Call

Yesterday morning, I heard a noise near my driveway. Upon investigation, I found two fire trucks, EMS and CenterPoint had sealed off my entire block (near Kingwood High School). Aspen had cut into a CenterPoint gas line. The scene looked like this.

Aspen truck in foreground. Emergency equipment stretched out for a block.
HFD ran a hose to the gas-line break. Traffic in background was stopped then turned around.
Contractors were standing well back from break on opposite side of street. Note more emergency equipment down the street.
Hydro-excavation trucks like these locate and expose other utility lines so companies like Aspen can dig around them.

The crew of the hydro-excavation truck above had located the gas line and exposed it after digging a 20-foot trench in a neighbor’s yard. Regardless, the Aspen crew managed to cut the gas line anyway.

Fire/EMS crews responded in an abundance of caution even though no fires or injuries resulted from the incident.

The incident cut off traffic on Valley Manor for several hours. And while first responders were standing by here, they weren’t available to handle other emergencies elsewhere.

Houston EMS charges residents for call-outs. Are they charging Aspen?

Recurring Problem

If this were an isolated incident, I would be praising the first responders instead of condemning the apparent incompetence of Aspen. This isn’t the first time such an incident has happened in my neighborhood.

A CenterPoint employee told me that he often receives three to four such calls a day in Kingwood.

To me, that constitutes a threat to public safety. And raises some questions about the competence of Comcast contractors.

As an HOA board member, I’ve received dozens of complaints about Comcast/Aspen incidents and also heard from other HOA’s. Problems have included, but are not limited to:

  • Damage to sewer lines which caused sewage backups/overflows in homes
  • Damage to driveways and sidewalks
  • Water main disruption
  • Electricity disruption
  • Damage to landscaping
  • Excavations left open and unprotected (subject to fines up to $2000 by the City of Houston Department of Neighborhoods).

These are not nuisance complaints related to noise or aesthetics. With the exception of landscaping, they’re serious safety hazards.

I’ve heard of one family forced to leave their home for weeks because of damage caused by Aspen and its subcontractors. Stories pour in almost daily. Damage has run into the tens and even hundreds of thousands of dollars in some cases.

Third Time Isn’t the Charm

Comcast’s installation is the third such project in recent years. Suddenlink, aka Optimum, upgraded its old coaxial system to optical fiber. Then Tachus entered the market. Comcast quickly followed.

No utility installation is problem-free. However, in my opinion, neither of the first two efforts seemed to cause as many problems as Comcast. Nor did the problems seem to be as severe.

Others may disagree with that. Especially those who were damaged. But based solely on my call volume and hours spent dealing with complaints, Team Comcast is the “winner” of the Kingwood Smackdown.

Damage Issues Complicated by Compensation Runaround

I have no prior experience with Comcast. Nor do I have any old scores to settle. Also know that I’m a great believer in competition. If Aspen were compensating people fairly for damage, I might be more understanding.

But another neighbor’s driveway was seriously damaged by Aspen and/or its subs. They apparently parked a hydro-vac truck on top of the drive and/or drilled under it – perhaps at different times – while the homeowner was away.

After the homeowner called numerous Comcast and Aspen people around the country, Aspen said they would pay for the damage.

Then, they sent “a former detective with police experience” to investigate. He denied the claim based on a crack that showed up in a Google Street-View photo taken before the incident. The denial happened even though an Aspen VP said in an open community meeting, “There’s no way one of those trucks should have been in a private driveway.”

The homeowner is still arguing with Aspen. Aspen refuses to acknowledge the difference between a pre-existing crack and a deeply rutted and deformed driveway with large chunks jutting up, and other areas smashed down and crumbling.

The irony is that earlier I stood on the driveway in question with that VP from Aspen when we were trying to solve another problem related to the placement of a Comcast junction box. He knows the driveway didn’t look then like it looks now.

My advice:

  • If you see Aspen coming, immediately take “before” photos of your property. You may need them in court to prove damages.
  • Notify everyone in sight if problems develop – immediately. That includes Aspen, the City, Comcast, your insurance company, your neighbors, your HOA and your lawyer.

Team Comcast seems to thrive in an environment where people don’t compare notes and see patterns.

Unanswered Questions?

Why should a utility’s right to offer service give it the right to damage property?

Why doesn’t Aspen have better supervisors in the field?

Who at Comcast is supervising Aspen?

And who at the City is supervising Comcast?

For More Information on How, Where to Report Damage

Comcast and the City claim they aren’t hearing about damage from Kingwood residents. How can you make sure the right people hear about what Comcast and its contractors did to you? See this post or click on the picture below.

Where, How to Report Comcast Damage

Posted by Bob Rehak on 10/28/2023

2251 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 Expansion Project Moving Forward on Multiple Fronts

October 26, 2023 – The $100 million Northpark Drive expansion project in Kingwood is making steady progress. But in some areas, the action is behind-the-scenes and out of sight for commuters. Let me describe the key highlights for this last week in October. Let’s start west of US59 and move east.

Sidewalk Extension to Kingwood College

Contractors have begun building sidewalks that will eventually connect Kingwood with Kingwood College. This will enable students who cannot afford vehicles to walk or ride bikes to school, saving money that they can put toward their educations. (Most of us can remember what that was like!) Right now, contractors are working to lay-out the forms west of the US59, on TxDOT right-of-way. The sidewalks will extend westward toward Rock Creek on both the north and south sides of the road. 

Looking ENE from west of 59 along the north side of Northpark. Note new bed for sidewalk.
Same direction but looking at the beginning of a new sidewalk along the south side of Northpark.

Brush Piles Removed

At the US59/Northpark intersection, contractors have removed huge brush piles and taken soil samples in preparation for excavation of detention basins. However, some trees still need to be transplanted, especially south of Northpark.

Huge brush piles have been removed. Looking S from E of 59 at where north entry pond will go.

Entry Pond Drainage Pipe

Contractors are installing a 12′ waterline on the north side of Northpark to take stormwater from the two new entry ponds at 59 toward Bens Branch and the Kingwood Diversion Ditch.

Looking west toward 59. Note excavation for pipe on the N (right) side of Northpark.

Tree Transplantation

Between 59 and 494, contractors have begun transplanting trees in preparation for widening the street.

Railroad Agreement and Road Closure

The UnionPacific railroad and City of Houston have an interlocal agreement going before City Council on Wednesday, November 1, 2023. The agreement provides for the contractor’s right-of-entry and will allow private utilities to relocate their facilities now, in advance of the reconstruction of two at-grade crossings. Once approved by the City, progress in that area should quickly become more visible. Ralph De Leon, Northpark Project Manager, says he has been working to clear this hurdle since 2015!

When construction begins, UP will need to close Northpark at some point for three days to replace a section of track and update crossing signals. The new signals will provide better integration with other crossings up and down the track.

Widening of Ditch 1

Behind Public Storage, contractors are beginning to construct the new outfall, and clear and grub  “Ditch 1” for more than 800 feet. This will help channel runoff down to Bens Branch and the Kingwood Diversion Ditch. It will create an alternate route to evacuate excess stormwater that collects in the detention basins at the US59 Northpark entry. Ditch 1 will parallel Northpark behind the businesses on the north side of the street.

Looking east at Ditch 1 north of Northpark. It is being widened to 40 feet.

Water Main Conflict Resolved

Just past Russell-Palmer, the conflict with a church water main has finally been solved. The City approved a plan to reroute the water under the 6’x8′ box culverts being installed in the center ditch. Once rerouted, contractors will go back and install the missing sections of culvert. They will also place a concrete collar around the splice in the sections of culvert to seal it..

Detention Capacity Expansion

Engineers are studying different scenarios to increase the detention capacity of Ditch 1 north of Northpark. They’re also working on solutions to distribute water between Bens Branch and the Kingwood Diversion Ditch, so as not to overwhelm the capacity of either.

Phase II Kicking Off in January

Planning for Phase II of the project (east of the Kingwood Diversion Ditch) has begun. Engineers are examining designs for a pedestrian tunnel near Glade Valley. The tunnel would accommodate extra wide wheelchairs used by clients at the Village Learning Center who shuttle between the Center and jobs along Northpark.

Phase II of Northpark Project
Detail from Diversion Ditch to Woodland Hills. For complete, higher res version, see below.

Lake Houston Redevelopment Authority/TIRZ 10 will hold two public meetings. The first is scheduled for  January 11, 2024, at the Kingwood Community Center to discuss Phase II and solicit input from other groups and residents. 

Additionally, the Engineers are studying different scenarios to increase the detention capacity on the north side of Northpark Drive at Ben’s Branch in order to reduce flooding further south on Ben’s Branch. Potential solutions include detention basins and diverting more water down the Kingwood Diversion Ditch. The Diversion Ditch is being expanded as part of a separate project.

For More Information

The Northpark expansion project has two purposes:

  • Reduce traffic congestion/commute times
  • Create an all-weather evacuation route for 70,000 people who might be affected by floods or train mishaps.

You can review progress of the job by browsing these previous ReduceFlooding.com posts:

For more information, consult the LHRA/TIRZ 10 website.

For a schematic diagram of Phase II (Russell-Palmer to Woodland Hills and beyond, see below.

Click here to enlarge into a higher res PDF.

Posted by Bob Rehak on 10/26/23

2249 Days since Hurricane Harvey

Why Floods Often Follow Fires

FEMA, USGS, and the National Weather Service (NWS) all have posted stories about floods that often follow fires. But WHY do they?

This NWS graphic tells the story.

About the Danger

NWS cautions that wildfires can leave lasting effects on the landscape and create a heightened risk of flooding for years.

Locations downhill and downstream from burned areas are highly susceptible to Flash Flooding and Debris Flows, especially in and near steep terrain.

In some areas, where the fire burned hot enough or long enough, soils develop a layer that actually repels water, like rain on pavement. Rainfall normally absorbed by the forest canopy and vegetative debris on the ground will instead quickly run off.

Because of this, much less rainfall is required to produce a flash flood, and the potential for debris flows increases with the loss of plant material that holds the soil in place.

A good rule of thumb is: “If you can look uphill from where you are and see a burnt-out area, you are at risk.”

National Weather Service

What Is a Debris Flow?

Debris flows are fast-moving, deadly landslides. They are powerful mixtures of mud, rocks, boulders, entire trees – and sometimes, homes or vehicles. You’ll often hear “debris flows” called “mudslides” or “mudflows”. Many people use the terms interchangeably, but to scientists, each is a different kind of landslide and debris flows are the most powerful and dangerous of the three.

What Causes Debris Flow?

Debris flows occur most commonly during intense rain after wildfires. A debris flow doesn’t need a long rain or a saturated slope. It can start on a dry slope after only a few minutes of intense rain.

“Intense” rain means a burst of rain at a fast rate, about half an inch in an hour. With debris flows, the rainfall rate matters more than total rainfall.

Why are Debris Flows so Dangerous?

Debris flows are fast and unpredictable. They can travel faster than you can run – and they can catch up to your car! Also, no one can say precisely where a debris flow will start or where it will go. It may begin in a stream channel, then jump out and spread through a neighborhood. A debris flow may happen where others have occurred, or in a place that has never seen one before.

Relationship to Drought

Droughts often create fuel for fires. Not long ago, SE Texas was in an extreme drought. Moderate rains recently may make it feel as though the drought is over, but in reality, we are still officially in a severe drought.

FEMA warns that it can take up to FIVE years after a fire for the landscape to restore itself enough to reduce flood risk.

Earlier this week, the AP reported a story about three Texans killed in flash flooding that followed a New Mexico wildfire.

Still skeptical? Check out this BBC story about rainfall triggering flood warnings FOUR years after wildfires devastated parts of New South Wales and Victoria in Australia.

All the more reason to be cautious when camping or burning brush.

Posted by Bob Rehak on 10/25/2023

2248 Days since Hurricane Harvey

Vote: Doors are Unlocked, They Still Have Paper and Machines are Working

I just voted in record time. I drove to the polling place, parked, voted, and returned home in 22 minutes – door to door.

The doors to the polling place were actually unlocked when I arrived 4PM. They had plenty of paper. And both the voting machine and scanner worked.

Considering the last two elections, that’s a miracle.

I encountered none of the problems I experienced during the last election.

In fact, there seemed to be twice as many machines as they had then. And there were no lines! Gee, I wonder where all those machines came from and why they actually worked. But I guess we will never know. The county is still fighting to keep those records secret.

The lack of major malfunctions seemed to have everyone in courteous and pleasant moods.

I like the new system – which is actually the old system – where elected officials are in charge of elections instead of appointed screwups with no experience.

Let’s hope our luck holds and the next ten days are like today.

For More Information

A wide variety of information about the election can be found at HarrisVotes.com. For instance:

Here is a map of early voting locations in the northern part of the county.

Early voting locations shown on HarrisVotes.com.

Remember, we have county-wide voting now. So if by chance, you encounter a long line, you can vote at another location.

And remember to breathe when you check in. In the last election, a number of dead people voted. So, breathing is one of the screening tools now.

Posted by Bob Rehak on 10/24/2023

2247 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.

FEMA Publishes Nature-Based Solution Guides, Advice

FEMA has published two flood-mitigation guides on nature-based solutions showing how communities can develop projects with multiple benefits.

Both are titled “Building Community Resilience with Nature-Based Solutions.” But one focuses on “Strategies for Success.” The other focuses on “A Guide for Local Communities.” Together, they build a case for integrating green and gray solutions to improve resilience.

While geared toward policy makers, planners and flood-mitigation professionals, they will also help community leaders, activists, students and anyone interested in weaving green solutions into flood mitigation, whether on the watershed, community or household level.

These are not technical guides. They focus on high-level benefits and are packed with helpful examples and case studies. The writing is clear, compelling and easy to understand.

“Strategies for Success” Summarized

Strategies for Success is organized around five major themes.

  • Building strong partnerships
  • Engaging the whole community
  • Matching project size with desired goals and benefits.
  • Maximizing benefits.
  • Designing for the future.

If you wonder what the term “nature-based solutions” includes, see pages 17-22. They complement gray (engineered) solutions in many ways in many environments.

At the watershed scale, they can include:

  • Land conservation
  • Greenways
  • Wetland restoration and protection
  • Stormwater parks
  • Floodplain restoration
  • Fire management
  • Bike trails
  • Setback levees
  • Habitate management

At the neighborhood or site scale, they include:

  • Rain gardens
  • Vegetated swales
  • Green roofs
  • Rainwater harvesting
  • Permeable pavement
  • Tree canopy
  • Tree trenches
  • Green streets
  • Urban greenspace

In coastal areas, they include:

  • Wetlands
  • Oyster reefs
  • Dunes
  • Waterfront parks
  • Living shorelines
  • Coral reef
  • Sand trapping

The section about maximizing benefits will help leaders sell such projects to their communities. It contains helpful tips that improve value and case studies that dramatize it.

The guides also come with links to additional resources.

“Guide for Local Communities” Summarized

This guide begins by reprising many of the same solutions mentioned above. Then it quickly moves into three main sections:

Building the business case for nature-based solutions summaries their potential cost savings and non-monetary benefits. They include:

  • Hazard mitigation benefits in a variety of situations/locations
  • Community co-benefits, such as ecosystem services, economic benefits, and social benefits
  • Community cost savings, such as avoided flood losses, reduced stormwater management costs, reduced drinking water treatment costs.

Planning and Policy Making covers:

  • Land-use planning
  • Hazard mitigation planning
  • Stormwater management
  • Transportation planning
  • Open-space planning

Implementation includes:

  • Boosting public investment
  • Financing through grants and low interest loans
  • How to incentivize private investment
  • Federal funding opportunities

Key takeaways include:

Communities that invest in nature-based approaches can save money, lives, and property in the long-term AND improve quality of life in the short term. Other key takeaways are:

  1. The biggest selling point for nature-based solutions is the many ways they can improve a community’s quality of life and make it more attractive to new residents and businesses.
  2. Diverse partners must collaborate.
  3. Scaling up will require communities to align public and private investments.
  4. Many types of grant programs can be leveraged for funding.

I’ll add one more: It’s easier to build these into communities as they are developing rather than retrofit them after the fact.

Local Examples

Regardless, the right combination of green solutions can make a valuable supplement to flood mitigation in every community.

The 5,000 acre Lake Houston Park provides recreational amenities and flood protection to surrounding areas.

Many great examples of a nature-based solutions surround us locally. Look at Lake Houston Park; Kingwood and The Woodlands which have greenbelts and bike trails along creeks; the Spring Creek Greenway; and the Bayou Land Conservancy’s Arrowwood Preserve.

Recreational asset and flood-mitigation project.

Parks like Kingwood’s East End make more great examples. East End preserves wetlands, accommodates tens of thousands of visitors each year, and provides valuable habitat for wildlife.

Interested in getting more projects like this started near you? As a starting point, please share these brochures with leaders in your community. And support local groups seeking to preserve green spaces such as the Bayou Land Conservancy.

Posted by Bob Rehak on 10/23/23

2046 Days since Hurricane Harvey

Welcome to Climate Psychotherapy

Two nights ago I started to hug my wife. “Not tonight,” she said. 

“What’s wrong,” I asked. “Headache?”

“No,” she sighed. “Climate change.”

The temperature in the room dropped about 10 degrees.

“I see what you mean,” I said.

Ironically, the next morning, I opened the New York Times to an article by Brooke Jarvis. The title: “Climate Change Is Keeping Therapists Up at Night: How anxiety about the planet’s future is transforming the practice of psychotherapy.”

It began with the experience of one psychotherapist to bring issues into focus. He said that many potential patients are looking for someone to talk to about climate change, only to be told (by others, not him) that they are overreacting.

Climate Psychology Alliance of North America and Eco-Anxiety

Enter stage left a group of about 100 “climate-aware” psychotherapists who call themselves the Climate Psychology Alliance of North America. According to Jarvis, they primarily deal with three types of issues:

  • Acute trauma of living through climate disasters
  • Fear of a collapsing future
  • Psychosocial decay from disruptive changes.

Collectively, they call it “eco-anxiety” or “a chronic fear of environmental doom.”

It’s not clear from the rest of Jarvis’ story whether the psychotherapists have reached any consensus yet about how to treat this emerging malady.

Conflicting Info About Breadth of Concerns

Jarvis cites a nationally representative 2022 survey of more than 1,000 people from Yale and George Mason University. Researchers found that a majority of Americans (64%) say they are at least “somewhat worried” about global warming.

However, Jarvis does not report that the same research also found about 90% of Americans experience no distress at all about global warming.

Should psychotherapists bring climate concerns up even when clients don’t? That’s not clear either.

But the climate psychologists agree that they should validate their clients’ climate-related emotions as “reasonable, not pathological.” The climate shrinks believe they should make clients feel their fear is a “rational response to a world that’s very scary.”

Link between Eco-Reporting and Eco-Anxiety Not Examined

While not denying climate change, I also personally believe the threat may be artificially exaggerated.

The New York Times article does not examine eco-reporting that contributes to eco-anxiety. Some days, I’m afraid to open a newspaper because I may find Republicans can’t elect a speaker…due to climate change. (Just joking.)

Comments on the New York Times article seemed polarized. About half felt eco-anxiety was justified. The other half felt it was manufactured by media.

In that regard, I have previously posted about the Associated Press policy of taking money from foundations with interests in renewable energy to hire 20 reporters who focus on climate change.

Before the Internet undermined local newspapers, news organization sold advertising to generate revenue that paid employees. Ads clearly showed client’s logos. News organizations jealously guarded their editorial integrity; news almost never crossed the line into advertising.

That’s no longer the case. Now, 20 reporters are looking for any way possible to connect random weather events to climate change…using the most tenuous of threads. And if they can’t find one, they say, “So-and-so worries that climate change may make his problem worse in the future.” But they present no real statistical proof.

Not to make light of anyone’s feelings or circumstances, as I scrolled through other headlines this morning, I learned that…

Such stories are rapidly becoming a parody of themselves. Regardless…

Repetition Makes Claims Rise to Level of Assumed Truth

Through sheer repetition of such claims day after day, people assume their truth. Individual events such as a flood, drought, freeze, heatwave or windstorm may or may not exemplify larger trends. But reports rarely present actual proof they do.

Rather, they quote people who have suffered some kind of weather-related damage and who fear such events may become more common in the future…due to climate change.

Of course, who can disprove the future? That’s pretty safe ground for a reporter.

I asked one of the area’s leading psychotherapists in Houston to review the New York Times article. She replied, “Climate change didn’t come up once in my 40 years of private practice.”

Posted by Bob Rehak on 10/22/23

2245 Days since Hurricane Harvey

Homebuyers Beware: Flood Risk is Shifting Target

Homebuyers beware. Flood risk is a shifting target.

This morning, I began reading more than 100 pages of legal briefs in the appeal of the upstream Addicks and Barker awards. I could not help but think how hundreds of millions of dollars in losses and untold heartbreak could have been averted with more due diligence on the part of all involved – buyers, developers and the Army Corps.

Background of Case

For those new to the area, Addicks and Barker are two reservoirs on Houston’s west side. The Army Corps built them back in the 1930s to protect downtown Houston and the ship channel. However, the Corps did not buy all the land inside the reservoirs that was subject to flooding. Later, developers started building on that land. And people bought the homes despite the risks.

During Harvey, hundreds of homes built inside the reservoirs flooded. Residents sued the Corps and won. But the Corps is now appealing the case.

In 2022, a judge ruled in favor of the residents and awarded them more than half a billion in damages. The damages included repair costs, replacement of belongings, and compensation for value lost in their property. But facing hundreds of millions of dollars in payouts, the government isn’t giving up easily. It appealed.

The case has taken more than six years to get to this point and it is far from over. No telling what the legal fees have cost both sides. Or whether plaintiffs will ever see a penny.

This should serve as a lesson to everyone buying a home and to their real estate agents, mortgage lenders, and surveyors.

Tools to Help You Avoid Becoming a Flood Victim

Although tools to identify flood risk may not have been commonly available and readily understandable when the plaintiffs bought homes inside the reservoirs, such tools do exist now.

Two of the easiest to use are the USGS National Map and FEMA’s National Flood Hazard Layer Viewer.

They both show the extent of potential flooding in this area, but each has different strengths. And they show slightly different results. That should raise some cautions if you think of risk as a black-or-white issue.

Use USGS National Map for Elevations, Slopes, Contours

USGS excels at mapping elevations, slopes and contours. This post explains how to use the National Map. Backgrounds include:

  • Satellite imagery
  • Street maps
  • Structures
  • Topographic maps
  • Relief maps
  • Streams
  • Hydro and more.

You can layer these maps and vary their transparency. But the real magic of the USGS National Map is in the measurement tool for elevation profiling. Below is an example.

After activating the elevation profile tool, I drew a line from a residential neighborhood inside the Barker Reservoir, across the dam, to an area outside the reservoir. I chose an area in the southwest corner of the reservoir that flooded during Harvey. It showed this.

Note elevation changes on right where line crosses the dam (gray bar). Homes above the gray are inside reservoir.

The red X shows the height of the dam (108 feet) in the elevation profile. The brown area in the elevation-profile box shows the elevation of the dam, homes, streets and drainage channels.

Homes are generally 6-8 feet BELOW the height of the dam. That should be a giant red flag for anyone considering buying a house inside the reservoir.

Next, zooming out, I turned on the hydro layer. The red circle below, indicated the approximate area and location of the map above.

Note how the flood pool of the reservoir extends beyond the entire neighborhood shown above.

FEMA National Flood Hazard Layer Viewer for Floodplain Information

FEMA actually uses the elevation information from the USGS national map. But FEMA superimposes floodplains to show flood risk in several zones.

Note difference in two maps above in their bottom left corners. FEMA shows some homes inside the reservoir that are outside of mapped flood zones. Aqua = 100-year and tan = 500-year floodplains.

The difference noted above raises an important point. FEMA’s maps are estimates of the probability of unknown future events based on the frequency of extremely rare past events. Those estimates may not have been in effect when the neighborhood in question was built around the time of Tropical Storm Allison in 2001. Maps based on Allison weren’t adopted until around 2007 and are still in effect today.

Harris County Flood Control and FEMA update flood maps periodically when new monster storms come along and surpass past rainfall probability estimates. For instance, FEMA is working on new flood maps based on Harvey, but has not yet released them.

So, if you’re thinking of betting your life savings on a home in a risky area, the best things to do are these:

  1. Ask yourself, “Can I afford to lose everything?” Many families in the reservoirs did.
  2. Consult an independent engineer without any financial incentive in the purchase, i.e., making the deal go though.
  3. Evaluate a variety of homes, not just one. And look closely at the safety margins.
  4. If a home is two feet above the 100-year floodplain, look for one that’s higher. Things change regularly, usually in one direction.
  5. Make “flood avoidance” more important than kitchen appliances in your purchase decision.

A Cautionary Tale Based on Personal Experience

Back in the early 1980s, I owned a house in Dallas near a creek that an engineer and the city certified were 2-feet above the 100-year floodplain. The home flooded within two years, due to rapid, insufficiently mitigated growth upstream.

Several years later, when I bought a house in Kingwood, I looked at ten homes and bought the one on the highest ground. More than 30 years later, all nine of the others flooded during Harvey even though they were all reportedly above the 100-year flood plain.

For a thorough description of why flood risk is a moving target, read this post – Why Do We Flood?

After two years of drought, it’s easy to become complacent about flood risk. Don’t. Ask anyone who has flooded. They will tell you. Your life can change overnight. So homebuyers beware.

Posted by Bob Rehak on 10/21/2023

2244 Days since Hurricane Harvey

Search For Sediment Solutions Should Lead Straight to Colony Ridge

Harris County Flood Control, SJRA, and the Cities of Humble and Houston using funding provided in part by the Texas Water Development Board are searching for sediment solutions in the Upper San Jacinto River Basin. Their major scientific study includes all or parts of seven counties: Harris, Montgomery, Waller, Grimes, Walker, San Jacinto and Liberty – all land draining into Lake Houston.

From Technical Memorandum 1 of the Upper San Jacinto River Basin Regional Sedimentation Study.

The high-level goal: to better manage sediment in the river basin. Sediment reduces both floodway conveyance and the storage capacity of Lake Houston. Both contribute to the frequency and severity of flooding.

Among other things, the study partners hope to prioritize sediment hot spots so they can develop sediment solutions and recommendations.

I hope they look at Colony Ridge. It exemplifies a major hot spot and points the way to an obvious sediment solution – better enforcement of existing regulations.

Scope and Status of Sediment Study

The study is now about half complete. With much of the fieldwork complete, the partners will next focus on modeling, hotspot identification, area prioritization and sediment solutions, according to Matt Barrett, Water Resources and Flood Management Division Manager atSJRA.

To date, the study has examined a variety of factors:

  • Topographical characteristics (watershed size, length, slope, relief, etc.)
  • Land Cover (degree of development, forested percentage, agricultural, wetlands)
  • Soil Types and Erodibility
  • Meteorological (annual rainfall amounts and intensity).

The Colony Ridge area receives some of the highest rainfall totals and highest intensity rains in the river basin.

From Technical Memorandum #2 of the USJRB Sedimentation Study, Page 16. Colony Ridge location circled in red.

Colony Ridge also ranks among the most erodible areas in the entire river basin.

Soil erodibility in the basin. From Technical Memorandum #2, Page 13. Colony Ridge circled in blue.

So, you would hope that a development 50% larger than Manhattan, which is decimating forests and filling in wetlands would receive some scrutiny.

Colony Ridge erosion
Colony Ridge ditch has widened approximately 80 feet in 6 years due to lack of erosion control measures such as backslope interceptor swales and grass.
Colony Ridge is now 50 percent bigger than Manhattan
Rivers of mud in Colony Ridge. Even the erosion is eroding.
Guess which way to colony ridge
Sediment coming down the East Fork (right) from Colony Ridge
East Fork Mouth Bar cost $18 million to dredge.
San Jacinto East Fork Mouth Bar between Kingwood and Huffman cost $18 million to dredge.

Sediment Solutions Must Address Development Practices

Erosion occurs naturally. But poor development practices can accelerate the rate of erosion unnaturally.

Regulations in Liberty County call for backslope interceptor swales to prevent sheet flow over the sides of ditches. I have yet to see one such system anywhere in the 30+ square miles of Colony Ridge. What you typically see is this.

All that sediment washes downstream where it reduces the carrying capacity of rivers and the storage capacity of Lake Houston.

Liberty County regulations also call for planting grass on the side slopes of ditches and detention basins. The grass reduces erosion, too. But you don’t see much grass on those side slopes either.

Compare the ditch above with the ditch below in Harris County to see how grass and backslope interceptor swales can reduce erosion.

Small swales behind main slopes capture sheet flow heading toward the ditch. Pipes then take runoff to the bottom of ditch, thus reducing erosion on side slopes.

Here’s Colony Ridge again.

Three-mile-long Colony Ridge drainage ditch has no grass or backslope interceptor swales.

Address the Elephant in the Room Before the Next Disaster

Ironically, both Liberty and Harris County have almost identical regulations for erosion control. Harris County enforces them; Liberty County doesn’t.

Enforcement of development regulations is the elephant in the room.

So, as the SJRA and its partners search for sediment solutions, here’s one simple recommendation. Enforce regulations already on the books.

Colony Ridge and other developments that skirt regulations represent a disaster waiting to happen. Unfortunately, it will probably take a disaster, such as Harvey, to cause leaders to take action. But by then, it will be too late.

Posted by Bob Rehak on 10/20/23

2242 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.

Paxton Letter Kicks Colony Ridge Concerns Up a Notch or Ten

Ten days ago, the entire Republican Congressional Delegation from Texas asked State Attorney General Ken Paxton to investigate Colony Ridge, the controversial development in Liberty County. Today, he responded with a scathing letter that kicked Colony Ridge criticism up quite a few notches. Paxton also sent the letter to Governor Greg Abbott; Dade Phelan, Speaker of the Texas House; and Lieutenant Governor Dan Patrick.

Burden on Surrounding Communities

Paxton’s letter echoes many of the criticisms made in the media recently about Colony Ridge. But then he goes far beyond those.

After discussing illegal immigration, he addresses the impact of the development on Cleveland ISD and neighboring communities.

While Paxton does not cite these specific examples, they represent the types of concerns neighbors have complained about for years.

Neighboring communities have also complained about crime, traffic, destruction of roads, and rapidly growing burdens on the Plum Grove Volunteer Fire Department.

Too Much Chaos to be Tolerated

Paxton asks whether a settlement the size of Colony Ridge should have been allowed to grow that large without annexation or incorporation. By some estimates, Colony Ridge now has upwards of 40,000 people. If accurate, that would make it larger than the three largest cities in Liberty County combined!

Paxton says, “…this unincorporated settlement has drawn far too many people and enabled far too much chaos for the current arrangement to be tolerated by the state.” Boom.

Colony Ridge Business Model Caters to Cross-Border Settlement

Then Paxton talks about the business model used by Colony Ridge. “Texas has seen a growing trend of real estate developers buying huge quantities of undeveloped land, creating primitive subdivisions, and selling the bare lots in a practice often paired with offering minimal-down-payment, high-interest owner-financed loans,” he says.

“These loans require little identity verification. Lax development codes for unincorporated areas mean residents can crowd onto a property and the residential population can expand quickly.”

Paxton continues, “This form of real estate development and financing has created an attractive opportunity for noncitizens to cross the border and settle in Texas, with fast-growing developments the size of entire cities forcing nearby areas to struggle to adapt to—and even subsidize—the influx of new residents enriching the developers.

Unmanageable Size

“The scale of the Colony Ridge development has proved unmanageable for effective law enforcement and other key standards of acceptable governance,” he says. “Violent crime, drug trafficking, environmental deterioration, public disturbances, infrastructure overuse, and other problems have plagued the area and nearby towns.”

Distorting the Intent of Municipal Management Districts

In the next page and a half of Paxton’s letter, he details how the developers, with the help of State Senator Ernest Bailes and Senator Robert Nichols, perverted the intent of Texas Local Government Code which deals with the creation of Municipal Management Districts (MMDs).

MMDs were intended to revitalize and beautify already developed urban commercial areas. They were not intended to develop raw land, according to Paxton.

The Colony Ridge MMD controlled by the developer started with 5 acres then annexed tens of thousands of acres – also owned by the developer.

“…the managers of this district function as the unelected, unaccountable leaders of a city that is inhabited by an unknown population including unvetted foreign aliens and whose unsustainable growth is protected by a specific state carve-out,” says Paxton.

“The burden displaced onto the surrounding areas to subsidize public services needed by those residing in Colony Ridge is significant.”

Ken Paxton, Texas Attorney General

Criticism of Two Texas Lawmakers

He adds, “I am beyond disappointed in Senator Nichols and Representative Bailes for apparently working to enrich specific developers at enormous expense to the rest of the public and reducing the quality of life for their own constituents.”

“It [Colony Ridge] is a sprawling, highly populated settlement that will soon outpace the population of many cities in Texas yet is ungoverned by any meaningful authority other than the developers whose primary interest is selling more property to new residents.”

Attacks Those Trying to Downplay Colony Ridge Problems

Paxton concludes by attacking journalists and politicians trying to downplay the problems caused by Colony Ridge. He says, “…the people of Texas … never assented to the creation of a sprawling unincorporated, ungoverned zone…”

To see the complete text of Paxton’s letter, click here.

$9.9 Million Paving Contract

Paxton does not mention this transaction specifically, but it falls under “enriching developers at the expense of the public.”

Note that the developer runs the MMD mentioned above. Also note how in these MMD board meeting minutes, the developer set the tax rate on his customers, gives his brother a $9.9 million paving contract and approves a reimbursement agreement for “the developer.”

The purpose of an MMD is to promote the public interest. But the developer is using his position as MMD president to defray his own costs. In a transaction that certainly raised my eyebrows, he and his board awarded a contract worth almost $10 million to Liberty Paving, a company controlled by his brother’s T-Rex Management Inc.

From opencorporates.com.

Normally, paving would be the developer’s cost.

Unpublished Pics of Colony Ridge

The developer has asserted that Colony Ridge is like any other community. All these photos below were taken on 10/6/2023, one day after the developer took several state legislators on a guided tour of the nicer areas in the development near the Grand Parkway – as the northern entrance flooded.

The neighborhood swimming pool.
Note tarp for roof and trees growing in another pool.
Colony Ridge residents often operate businesses from their homes.

Paxton’s letter points out that in 2019, “the developer insisted extra state funding was needed to accommodate the growth of residents because the area had so little commercial tax revenue.” No wonder those commercial taxes are down.

A backyard AC recycling business?
A backyard car repair business?
Used car lot in the front yard? Or car rental agency?
A Google search says these containers can hold chemicals, food and water. I am not sure what these held but the volume certainly goes beyond the needs of one family. Perhaps someone is smuggling in fresh water.

Next up: Will the Texas legislature take any meaningful action in its special session? Come back soon as the Austin action unfolds.

Posted by Bob Rehak on 10/19/23

2242 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.