On December 29, 2023, the New York Post reported that the Internal Revenue Service, Army Corps of Engineers, and the Texas Commission on Environmental Quality have all launched their own Colony Ridge investigations. Word on the street has it that even more investigations by other Federal agencies are underway.
Finally, just today (1/9/24), Harris County Commissioners Court discussed investigating the flooding, housing and environmental impacts of Colony Ridge on Harris County. The County Administrators Office and Precinct 3 Commissioner Tom Ramsey agreed to discuss forming a task force. They would then return to Commissioners Court for final approval of their task force recommendations.
Thrust of Many Investigations Still Uncertain
However, with the exception of the DOJ and CFPB, the direction of many of these investigations remains unknown.
For instance, the EPA could be investigating any of several different allegations, including wetlands, endangered species, and pollution violations.
Colony Ridge, which has grown at least 50% larger than Manhattan in a decade, has filled in ponds and wetlands. While the Army Corps bears initial responsibility for investigating wetlands violations, ultimately the EPA reviews permit applications under Section 404 of the Clean Water Act.
Recently, the developer has been pushing into wetlands near Tarkington Bayou. I took the three photos below during in October 2023 while flying over the bayou. Despite a punishing drought, you can still see evidence of ponding.
A University of Waterloo (Ontario) study found that small isolated wetlands that are full for only part of the year are often the first to be removed for development. They enjoy fewer legal protections due to their apparent isolation from jurisdictional waters.
However, the study found that they can be twice as effective in protecting downstream lake or river ecosystems than those directly connected to them. The study labeled them “pollution-catching powerhouses.” Their disconnectedness makes them more effective pollution traps.
Previously, I reported that the TCEQ found raw sewage leaking from a lift station and sewers in Colony Ridge. TCEQ estimated that 48,000 gallons escaped into the Lake Houston watershed, which supplies drinking water for two million people.
To report environmental violations to the EPA, see this page.
Another possibility: EPA may also be looking into whether Colony Ridge displaced any threatened or endangered species. Texas Parks and Wildlife and U.S. Fish and Wildlife Service say twelve threatened and endangered species live in Liberty County. Some reportedly live in the Colony Ridge Area.
For More Information
Since 2020, I have created more than 75 posts about different aspects of Colony Ridge – from missing drainage studies to sewage spills, rivers of mud, and more. To see links to all the posts, visit this page.
Posted by Bob Rehak on 1/9/2024
2324 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/12/20231207-Screenshot-2023-12-07-at-11.22.17%E2%80%AFAM.jpg?fit=1100%2C616&ssl=16161100adminadmin2024-01-09 17:38:312024-01-09 17:54:31At Least Seven Investigations Launched into Colony Ridge
On Tuesday, 1/9/24, Harris County Commissioners court will consider a motion by Precinct 3 Commissioner Tom Ramsey, P.E. to monitor the potential flooding, housing, and environmental impacts of Colony Ridge on Harris County. (See Item 282 on the Agenda.)
Ramsey submitted a similar item for the 10/10/23 session of Commissioners Court. The Court took no action at that time, but agreed to revisit the issue. Now is that time. And the political landscape has changed.
How Tuesday’s Discussion Will Differ from October’s
The discussion on Tuesday will probably differ radically from October’s.
First, Tuesday’s agenda item is broader; it includes housing and environmental impacts, not just flooding.
Second, in October, the discussion quickly devolved into an argument about the credibility of media allegations that triggered a special session of the State Legislature. Among other things, the media allegations concerned illegal immigration. At the time, County Judge Lina Hidalgo characterized them as “conspiracy theories.” Things went downhill from there.
Ultimately, the State Legislature decided not to do anything about Colony Ridge except build a DPS substation there to beef up law enforcement.
But since then, things have changed.
DOJ/CFPB Lawsuit Changes Political Landscape
The U.S. Department of Justice and the Consumer Financial Protection Bureau have filed a lawsuit against the developer for predatory lending practices targeted mainly at Hispanics.
The 45-page lawsuit alleges that the developer violated the:
Fair Housing Act
Consumer Financial Protection Act
Interstate Land Sales Full Disclosure Act
Equal Credit Opportunity Act
It also offers specific examples of alleged abuses, including:
Sky-high interest rates
Untrue statements in marketing materials
Omitting material facts
Failing to provide required accurate translations
Failing to report and disclose other required information
Marketing in Spanish but providing legal documents that buyers couldn’t understand in English
Foreclosing on properties multiple times
The inclusion of housing issues in Tuesday’s agenda may broaden the base of support for action re: Colony Ridge. Suddenly, we’re talking about people allegedly abusing Lina Hidalgo’s, Lesley Briones’ and Adrian Garcia’s core constituents. All three are Hispanic.
The lawsuit has already motivated LULAC (the League of United Latin American Citizens) to join the fight. The headline of this press release on their website says, “LULAC SUPPORTS FEDERAL ACTION IN MASSIVE REAL ESTATE FRAUD CASE THAT TARGETED LATINOS IN TEXAS.” As a result…
Commissioners may now see Colony Ridge as abusing immigrants, not helping them achieve the American Dream.
Plus, Colony Ridge is expanding into Harris County. That brings the issue much closer to home for Commissioners. We could soon be talking about how the Colony Ridge developer affects voters in Harris County, not voters in Liberty county.
Putting a Finer Point on Upstream Flooding Study
Even though Commissioner’s Court did not approve Ramsey’s Colony Ridge motion last October, the other commissioners didn’t totally ignore him. Commissioner Rodney Ellis also expressed concern about flooding issues originating outside Harris County.
On December 5, 2023, Commissioners Court approved a study of several watersheds including the East Fork San Jacinto River, which drains Colony Ridge. The purpose: to identify potential flood impacts due to unmitigated flows coming into Harris County from upstream counties and to evaluate the impacts of the increased flows on erosion and sedimentation issues.
If approved, Ramsey’s agenda item for next Tuesday, could put a much finer point on that. Instead of looking at flooding issues that originate in surrounding counties in general, it would specifically look at erosion issues originating in Colony Ridge. That could potentially lead to more legal action against Colony Ridge depending on what they find.
At a minimum, I hope it stimulates a discussion about two things:
The image on the right was taken over Colony Ridge. Such erosion contributes to the buildup of sediment that reduces the conveyance of rivers and streams, contributing to flooding.
For more information and issues relating to Colony Ridge, see this post.
Posted by Bob Rehak on 1/5/2024
2320 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2024/01/SameRegs-DiffResults.jpg?fit=1100%2C701&ssl=17011100adminadmin2024-01-05 15:04:222024-01-05 22:23:22Harris County To Reconsider Colony Ridge Impacts
12/20/23 – Legal woes are mounting for Colony Ridge. Today, the U.S. Department of Justice (DOJ) and the Consumer Financial Protection Bureau (CFPB) filed suit against the controversial Liberty County developer and the companies they own or control.
The government filed a complaint against land development companies Colony Ridge Development, LLC and Colony Ridge BV, LLC, affiliate mortgage company Colony Ridge Land, LLC (collectively, the Colony Ridge defendants), and loan origination company Loan Originator Services, LLC.
The Bureau and DOJ allege that defendants violated the Equal Credit Opportunity Act (ECOA) by targeting consumers of Hispanic origin with a predatory loan product.
The Colony Ridge defendants violated the Consumer Financial Protection Act of 2010 (CFPA) by making deceptive representations to consumers.
Colony Ridge Development and Colony Ridge BV violated the Interstate Land Sales Full Disclosure Act (ILSA) by making untrue statements, omitting material facts, failing to provide required accurate translations, and failing to report and disclose required information.
Defendants violated the CFPA by virtue of their violations of ECOA and ILSA, respectively.
Defendants’ conduct violated the Fair Housing Act.
Goal of Lawsuit
The joint complaint seeks, among other things, injunctions against defendants to prevent future violations of Federal consumer financial laws, redress to consumers, damages, and the imposition of civil money penalties.
DOJ and CFPB contend that the defendants operated an illegal land sales scheme and targeted tens of thousands of Hispanic borrowers with false statements and predatory loans.
Revolving Door Foreclosures that Targeted Hispanics
The joint DOJ/CFPB press release said that Colony Ridge “sells unsuspecting families flood-prone land without water, sewer, or electrical infrastructure, and that the company sets borrowers up to fail with loans they cannot afford. Roughly 1-in-4 Colony Ridge loans ends in foreclosure, after which the company repurchases the properties and sells them to new borrowers.” It amounted, say the plaintiffs to a “set-up-to-fail scheme that has led thousands of families to lose their dreams of homeownership.”
CFPB Director Rohit Chopra said, “Our investigation uncovered that Colony Ridge is baiting borrowers with lies, saddling families with predatory loans for homesites that the company knows have repeatedly flooded with raw sewage and lacked basic utility infrastructure.”
Merrick B. Garland, U.S. Attorney General said, ““Today’s complaint alleges that Colony Ridge targeted Hispanic consumers with predatory loans, misled borrowers about the water, sewer, and electrical infrastructure on its lots, and exploited language barriers by conducting most of its marketing in Spanish while offering important transaction documents only in English.”
Foreclosure and property deed records from September 2019 through September 2022 show that Colony Ridge initiated foreclosures on at least 30% of seller-financed lots within just three years of the purchase date, with most loan failures occurring even sooner.
“Records also confirm that Colony Ridge accounted for more than 92% of all foreclosures recorded in Liberty County between 2017 and 2022.”
CFPB/DOJ Joint Press Release
The Entire Laundry List
The complaint cites a number of specific practices. It alleges that Colony Ridge:
Misleads borrowers about infrastructure on the lots it sells: Colony Ridge has falsely represented that lots in the Terrenos Houston subdivisions were sold with water, sewer, and electrical infrastructure already in place. ” It is only after applicants pay a non-refundable deposit that Colony Ridge discloses the properties may not provide those services and makes that disclosure only in English.”
Sells lots that flood with rain and raw sewage. The complaint alleges that Colony Ridge employees fail to inform borrowers of flood risk when lots have repeatedly flooded in the past, or falsely tells them the lots have not flooded. In fact, in parts of the subdivision, rain causes significant flooding, causing raw sewage to run through or around borrowers’ property, and damaging their personal belongings
Churns through borrowers in a cycle of foreclosure: When families fall behind on payments and enter foreclosure, it allows Colony Ridge to “flip” the properties by repurchasing and reselling them, often at higher prices. Foreclosure and property deed records show that Colony Ridge flipped at least 40% of all the properties it sold between September 2019 and September 2022, selling approximately 8,237 properties twice, 3,267 properties three times, and 2,067 properties four or more times in three years.
Targets Hispanic consumers with predatory loans: Through direct-to-consumer marketing on websites, social media engagement, and telemarketing, Colony Ridge targets Hispanic consumers. Colony Ridge then exploits language barriers during its sales process and uses high-pressure sales tactics to push borrowers to obtain their loan products quickly. The loans have exorbitant interest rates. Between 2017 and 2021, interest rates on Colony Ridge’s loans ranged from between 10.9% to 12.9%, while a standard 20-year fixed rate loan averaged 2.35% to 4.05% during the same timeframe. And in extending the loan, Colony Ridge and Loan Originator Services did not collect information needed to determine if applicants can afford the loan.
Exploits language barriers at borrowers’ expense: While Colony Ridge conducts most of its marketing activities in Spanish, when it comes to the actual transaction, it offers important documents only in English. Failing to offer borrowers accurate translations of contracts, deeds, and other documents in the language in which it conducts the sales and exploiting borrowers’ limited English proficiency violates federal law.
Nine stories since 2020 by investigative reporter Wayne Dolcefino about various aspects of Colony Ridge.
A story in Houston Landing about revolving door foreclosures. A team of reporters found that Colony Ridge sold over 35,000 properties. Nearly half (15,759 properties) ended up back in its hands. Some of the properties had as many as 9 different owners in the last decade.
A Daily Wire story exposing alleged corruption between Colony Ridge insiders and a municipal management district. The municipal management district, run by one of the developers, granted nearly $20 million in contracts to companies controlled by other family members and insiders.
Precinct 3 Commissioner Tom Ramsey brought many of the drainage issues in front of Harris County Commissioners Court last October. No action has yet been taken at the county level.
Posted by Bob Rehak on 12/20/23
2304 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/12/20201207-Aerial-Dec-2020_1210.jpg?fit=1200%2C813&ssl=18131200adminadmin2023-12-20 17:55:232023-12-20 18:24:45DOJ, CFPB Sue Colony Ridge for Bait-and-Switch, Predatory Lending, More
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:
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/10/20231006-RJR_6038-1.jpg?fit=1100%2C733&ssl=17331100adminadmin2023-10-20 14:08:222023-10-20 17:39:42Search For Sediment Solutions Should Lead Straight to Colony Ridge
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.
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…”
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.
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/10/20231006-RJR_2514.jpg?fit=1100%2C733&ssl=17331100adminadmin2023-10-19 16:49:122023-10-19 23:05:15Paxton Letter Kicks Colony Ridge Concerns Up a Notch or Ten
Today, the Texas legislature began another special session. On the agenda: Colony Ridge, the controversial Liberty County development in so many headlines lately.
Colony Ridge, the world’s largest trailer park, now covers approximately 20,000 acres, an area 50% larger than Manhattan.
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
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.
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 millionto 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/10/20231006-RJR_2512.jpg?fit=1100%2C733&ssl=17331100adminadmin2023-10-09 15:35:542023-10-09 16:36:21Recommendations for Special Session of Texas Legislature on Colony Ridge
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.
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:
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.
August 2017
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.
The ravine forms more ravines. No room for a maintenance road here.Or here.
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 roadsin 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 Ridgeon 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.
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.
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.
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/10/20210101-RJR_4783.jpg?fit=1100%2C733&ssl=17331100adminadmin2023-10-05 12:29:042023-10-05 13:15:19New York Post Publishes Gripping Exposé on 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.
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 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.
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.
In northeast Houston, where residents and activists frequently chant “historic disinvestment,” I accidentally stumbled onto a much more likely cause of the frequent flooding than systemic racism. It happened while browsing a GIS database with hundreds of layers containing a broad range of information. The instant I saw it, it unlocked a mystery. Tumblers suddenly aligned that unlocked the mystery. But let’s start this story with accusations that made no sense to me.
Accusations of Systemic Racism Not Supported by Spending Data
Three years ago, I joined the Harris County Community Flood Resilience Task Force. Ever since, I have heard a constant drumbeat of “historic disinvestment” by many members who believe they are victims of systemic racism by Harris County Flood Control District (HCFCD).
They claim that they aren’t getting their fair share of flood-mitigation funds when, in fact, financial analysis reveals the opposite. They get the lion’s share.
LMI vs. Non-LMI flood-mitigation funding through Q3 2021.
Eight watersheds with a majority of low-to-moderate income residents have received almost two thirds of the funding going back to 2000. That’s out of a total of 23 watersheds. The money has flowed to damage – as it should.
Many people, however, don’t believe that. The loudest complaints have come from the Northeast Action Collective. They waged a battle to remove flood-control executives from office who were working tirelessly on their behalf.
Regardless, falsehoods repeated often enough eventually rose to the level of “accepted truth.” Even experts can be fooled. Jim Blackburn, the renowned professor of engineering at Rice, repeated the “historic disinvestment” claim without presenting any proof in a Houston Chronicle story last week.
He claimed residents of Halls and Greens Bayou watersheds weren’t getting their “fair share” of flood mitigation money. In fact, Greens Bayou ranks #2 in terms of money received. Only Brays Bayou has received more.
Spending by Watershed from 2000 through 2023Q1. Source: Harris County Flood Control District via FOIA request.
And tiny Halls Bayou ranks #2 in spending per capita. Together, the two bayous have received more than $390 million to date.
And they could soon receive another $466 million out of the $750 million that the GLO and HUD recently granted Harris County for flood mitigation. If HUD approves the recommended projects totaling $466 million, Halls and Greens will have received $856 million – far more than any other watershed. (Technically Halls is a sub-watershed of Greens, but HCFCD tracks spending as if it were separate.) This is hardly historic disinvestment.
More Likely Cause of Flooding Overlooked by Critics Crying Racism
Today, while learning a new (to me) geographic information system, I randomly clicked on a “wetland” layer. Boom! Guess where the largest concentration of wetlands in Harris County is. The northeast!
Note Lake Houston in the upper right, once home to untold acres of wetlands before the dam was built in the 1950s.
As a reminder of what these wetlands once looked like, see the photos of Emily Murphy who kayaks along the shores of Lake Houston.
Photo Courtesy of Emily Murphy
Regulations discourage building in wetlands for good reasons. Water collects there. The soil is less permeable. They are low, poorly drained, and unstable.
In addition, USGS points out the many positive benefits of wetlands. “Wetlands provide habitat for thousands of species of aquatic and terrestrial plants and animals. Wetlands are valuable for flood protection, water quality improvement, shoreline erosion control, natural products, recreation, and aesthetics.”
But because they’re cheap land and available, some less-than-scrupulous developers often try to build in them. I’m told by engineers I trust that that has always been the case and always will be.
Back in the 1950s, farms and ranches occupied most of the northeast Houston area. Here’s what it looked like then.
Note the San Jacinto River in the upper right in this 1953 pre-Lake Houston aerial image from Google Earth.
And here’s what the same area looks like today.
Note the presence of Lake Houston in the upper right in this 2022 image.
There are still big undeveloped areas in the image above. But many developments have also filled in large parts of the northeast that were once wetlands in the 1950s image.
Dangers of Building Over Wetlands
According to USGS, “Wetlands are transitional areas, sandwiched between permanently flooded deepwater environments and well-drained uplands, where the water table is usually at or near the surface or the land… The single feature that most wetlands share is soil or substrate that is at least periodically saturated with or covered by water.”
Four years ago, I posted about the disadvantages of building over wetlands. Pictures of the Woodridge Village property, then under development by Perry Homes, dramatized how unstable the soils were. Dangers of building over wetlands include shifting slabs, cracked driveways, mold, erosion, clogged storm drains, flooding and more.
Unsuspecting buyers of former wetlands can literally get sucked in by low prices. Seventy years later, the original builders and buyers are long gone. And pre-digital soil samples and drainage analyses (if they were ever done) have long since disappeared into the fog of history or a dusty warehouse.
Wetland-mitigation banks near a development should raise red flags to buyers today. There’s one on the northeast corner of Beltway 8 along, you guessed it, Greens Bayou. There are also two in Colony Ridge: the Houston-Conroe and Tarkington Bayou Mitigation Banks.
In conclusion…
Today’s residents in such areas pay for previous owners’ lack of knowledge – not because of historic disinvestment.
I’m not saying early owners didn’t exercise due diligence. We just didn’t know then what we know now.
Posted by Bob Rehak on 9/22/23
2215 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2023/09/20230922-Screenshot-2023-09-22-at-12.29.43-PM.jpg?fit=1100%2C717&ssl=17171100adminadmin2023-09-22 17:58:482023-09-22 18:17:41GIS Data Reveals Likely Source of NE Houston Flooding Unrelated to Historic Disinvestment
