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Gretchen Dunlap-Smith’s Flood Experience: “You Sunk Us”

To date, most of the press coverage about the May 7th flood has focused on Elm Grove and North Kingwood Forest to the south of the new Woodridge Village development. However, the flood also affected many homes in Porter to the west of it. This is an interview with Gretchen Dunlap-Smith in Porter whose home was built in 1994. It flooded for the first time – after Woodridge Village started clearcutting and grading the land next to her, and wetlands disappeared.

*USGS National Wetlands Inventory shows that government classified much of the northern section of Woodridge as wetlands (dark green overlays).* *Porter borders Woodridge Village to the west. Smith home located in white circle.*

“This Area Never Flooded”

Rehak: Has this area ever flooded before?

Dunlap-Smith: This area never flooded.

Rehak: How far back does “never” go?

Dunlap-Smith: I grew up in the Kingwood area. My parents moved here in late 1976. We had 2.5 acres off of Hueni. My brother built this house in ‘94. So I’ve known this home since its inception. I saw it being built. One house at the end of the block did get water in it, but none of the other houses ever flooded. Ever!

Rehak: What do you think caused the flooding on May 7^th?

Dunlap-Smith: (Pointing to bulldozers in the distance) The construction down there. That’s the only thing that’s changed. During Harvey, there was never any fear, threat, or worry in my mind that “I’m going to have water in my home.” Ever! During Harvey, during the Tax Day flood and all the stuff before that…never any concern. This (pointing to the construction again) changed the game.

We used to ride four wheelers on that property so I know there used to be a huge detention ditch and a huge pond. There used to be a natural creek down off of the end that went up to the wood line. From what I’ve been seeing and what I’ve been told, they backfilled all that in. The wetlands disappeared.

*Note dirt pushed in ditch along western edge of Woodridge Village.* *Homes from the north end of this development in Porter all the way down to Mace and Joseph streets flooded, including Dunlap-Smith’s home on Flower Ridge.*

Ditches No Longer Drain

Dunlap-Smith: Even now, the ditches don’t drain. Our ditches drained before. They never had standing water in them. You look at the ditches now and you will see green algae and moss growing in them. We never had that before. We could mow our ditches. They were dry, because the water drained. And now it doesn’t do that.

Rehak: Where did the water go before?

Dunlap-Smith: It went to the end of the road and flowed out.

Rehak: And now it’s getting to the end of the road and stopping?

*Where drainage from Flower Ridge in Porter joins the new Woodridge Village in Porter.*

*Residents say water now stands so long in altered ditches that it grows algae.*

Dunlap-Smith: Right. Now it’s backing up and flooding the street.

Rehak: Were you blocked in on May 7th?

Dunlap-Smith: We got out Tuesday night when the rain receded a little bit…for like 3 hours. The water went down enough to where I felt comfortable going through it with our Nissan Altima.

Ditches Became Invisible in Flood

Rehak: These ditches are kind of…deep. If you didn’t know they were there…!!!

Dunlap-Smith: Yeah! You could really do some damage. Or worse, drown yourself in your car.

*Photo by Gretchen Dunlap-Smith from May 7 of Flower Ridge in in Porter.*

Rehak: How many homes in your subdivision were affected?

Dunlap-Smith: I don’t have a count. But I know that several homes flooded on our street and other streets in the subdivision.

Rehak: How high did the water get?

Dunlap-Smith: A couple inches in our house. Deeper in others.

Rehak: How much did you lose?

Saved by the Peaches!

Dunlap-Smith: Carpet. I was able to get some furniture up onto soup cans and big jars of peaches.

I put most of our furniture up on stuff like that. Hopefully, I may be able to salvage a couple rooms of carpet. Most of my house was tiled by my brother and sister. So the only rooms that had carpet were my living room and my three bedrooms.

*Swamped utility room after the flood. Photo. by Gretchen Dunlap-Smith.*

Rehak: Is there any concern that the water got under the tile?

Dunlap-Smith: I talked to a couple people about that. I have two dehumidifiers that have been going non-stop since the day after the flood. Those haven’t quit. I’m dumping them constantly.

Cleaning Up the House Without Flood Insurance

Rehak: How long did it take the water to recede? When you came back the next day was it out?

Dunlap-Smith: It was out of the streets.

Rehak: How about the house?

Dunlap-Smith: No. The house…I had to pull every bit of carpet out. It had not receded.

Rehak: Did you have to squeegee it out?

Dunlap-Smith: That carpet was a soaking wet mess! You see that shop vac behind you? That’s a wet/dry shop vac.

*Gretchen Dunlap-Smith tries to save her carpet by drying it on the bed of her truck.*

You know, this isn’t a flood zone. When we bought the home, we weren’t required to have flood insurance. We called our agent after the flood and he said we weren’t covered, but we could get coverage for four or five hundred dollars per year. But it wouldn’t activate for 30 days.

“You Sunk Us”

Dunlap-Smith: My neighbor told me that they were down there digging a ditch line, trying to open up the drainage again from the damage they had done. But you’ve already damaged natural drainage. You changed and affected how the flow goes. So I don’t care what you do now. You sunk us.

Rehak: Their plan shows a huge detention pond up in the northwestern corner of this land that they clearcut. And then there’s a linear ditch running inside their property all the way down to the bottom.

*Where N1 detention pond and drainage ditch should have been before flood. Excavation still had not started weeks after flood.* *This area used to be wetlands before the developer “improved” the drainage.*

Dunlap-Smith: Right. But that ditch is not there. And if you look down Ivy Ridge, every home has trash in front because every one of them flooded.

*Trash pile at end of Ivy Ridge. Looking east toward new development* *where drainage used to go.*

“They Will Never Build on that Property”

The gentleman behind us, when he bought his house, told us there was an easement on that property. He was told they would never build on that property and not to worry. And here they are (pointing to construction).

Rehak: I’ve heard that same story from a dozen different people!

Dunlap-Smith: You get told something and you take it as gospel truth. And you run with it. You don’t check. You don’t research it. You just believe it because they’ve been honest up until now. Which is unfortunate.

Rehak: Do you have any idea what the financial loss is so far?

Counting Her Blessings, Minus the PTSD

Dunlap-Smith: Not really. Honestly, I counted my blessings. It could have been a lot worse. I saw what those people in Elm Grove were hit with. And my husband lost everything in the ’94 flood, including his whole family home. He lived right behind where Reeves furniture used to be on 59. It’s an antique store now. He lived on Treasure Lane. In ’89 there was a flood. They lost everything. But then the one in ’94 really did them in.

As far as the financial? I’m grateful. I know it could have been worse. But I know there’s been a huge emotional cost. It triggered PTSD in my husband.

Rehak: How?

Praying as the Water Rose

Dunlap-Smith: My husband is 6’4”. Not a little guy. He dwarfs me. Works for the Harris County Sherriff’s office. Takes down inmates every day. He’s not a timid guy.

When water was coming in the house, he sat down with his head in his hands and had tears. And I’ve never seen him cry.

We both were under stress. Water’s coming in our house. I have our dogs in a kennel. And I realized then…oh my gosh. The dogs are standing in water inside their kennels. So I moved them up. My husband and I were both getting a little snippy, which isn’t in our nature. There we were. Standing up to our ankles in water in the middle of our living room. He grabbed my hand and I grabbed his, and it’s like, “OK, right here. Right now. We’re praying. Stop. We have to see this for what it is not. It’s not as bad as it could be. And now he’s seeing that.

That Sour Smell

Rehak: Are you going to have to pull out wallboard and electrical?

Dunlap-Smith: I don’t think so. That’s why I said, “I’m counting my blessings.”

Rehak: Floorboards?

Dunlap-Smith: (sighs heavily). Probably. After the first three or four days, I could smell the sour. There was a heavy sour smell. Not so much mildew, but sour.

May 15^th was the deadline to dispute our taxes and ours went up like $10,000. So I’m disputing them. I fired off a letter. (She begins reciting complaints in the letter.) “Are we going to be in a flood plain now?” “Are we going to require flood insurance?” We’re not a high-income neighborhood. We don’t have money to throw at that stuff.

Rehak: What kind of assistance have you gotten from Montgomery County so far?

Dunlap-Smith: Nothing. (Pause) Absolutely nothing.

Too Poor to Repair, Too Proud to Ask for Help

Rehak: What would you like to get?

Dunlap-Smith: I would like to get those sticky floor tiles at cost or at a highly discounted rate. I don’t know. I would like to get a dehumidifier because they’re not doing squat about this or taking accountability. My husband and I don’t have credit cards that we can buy things with.

We bought two dehumidifiers out of our pocket. That was nearly 500 dollars. You’re living paycheck to paycheck and you want to fix your house back. My Aunt told me to call Red Cross. But I’m not going to take money out of somebody’s hands that I can see needs it more than I do. I’m not going to do that.

Wants Developer to Restore Drainage

Rehak: Let me rephrase the question. In regard to your development, what would you like to see Montgomery County and the developer do?

Dunlap-Smith: For starters, come in and dig out the ditches. Maybe lower the streets to create more capacity for the water before it gets into our homes.

Rehak: And in regard to that new development going in over there?

Dunlap-Smith: I would love to see the County force the developer to create a true, correct drainage ditch.

Rehak: Do you think the county is even aware that you flooded?

Dunlap-Smith: No. They sent out a message on Twitter saying, “Contact us if you had any flooding.” I don’t think they have any clue.

We had water backing up and leaking from our toilet. Our tub was filling up with this noxious looking water and a septic smell. It was brown.

No, I don’t think the county knows that it happened in a place that it’s never happened before. The developer says they aren’t the culprit. But they changed the drainage. And they’ve gone too far to turn back.

Rehak: You can’t put back nature the way it was.

Dunlap-Smith: Agreed. I wish the county could force them to create drainage. This flooding will happen again if things stay as they are.

Reluctant to Water Plants

Rehak: How do you feel about your future here?

Note: As with other flood victims I have interviewed, curiously, Ms. Dunlap-Smith thinks in terms of tomorrow, not next year.

Dunlap-Smith: We have a little joke here. Every time I water my plants, it rains. For some people it’s washing their cars. But I told my husband this morning that, “I’m afraid to water my plants.” So … if that tells you anything. (Laughing) I’d rather let the plants die.

Posted by Bob Rehak on 5/31/2019

640 Days since Hurricane Harvey

City of Houston Intends to Waive Permit Fees for Homes Affected by Flooding May 7-9

Houston City Council Member Dave Martin announced Saturday that Mayor Sylvester Turner has agreed to waive permit fees for the hundreds of residents affected by flooding during the heavy rains during the week of May 7. Details still need to be worked out. More news to follow soon. This is a pleasant development for people whose homes and possessions were destroyed. Every little bit helps! Permit fees are certainly more than the price of peanuts.

*Storm damage in Elm Grove where at least 196 homes flooded.*

Posted by Bob Rehak on May 19, 2019

628 Days since Hurricane Harvey

Figure Four Partners Denies All Responsibility for Elm Grove Flooding; Blames God

Figure Four Partners, LTD, a subsidiary of Perry Homes and PSWA, Inc., its sole general partner, issued a statement today regarding the flooding in Elm Grove Village. Elm Grove is a part of Kingwood that borders Figure Four’s development, Woodridge Village, in Montgomery County.

In the statement, Figure Four denied any responsibility for the flooding and blamed it on an act of God. Further, they invoked the shield of government approval, saying their plans were approved by the City of Houston and Montgomery County.

Their unsigned statement, which I have reproduced verbatim below, says:

FIGURE FOUR STATEMENT

“While our hearts go out to the homeowners that recently flooded in the Elm Grove Subdivision, the flooding there this week had absolutely nothing to do with the Figure Four and Perry Homes project nearby.”

“As virtually every media outlet in the region has reported this week, and Harris County Flood Control meteorologist Jeff Lindner confirmed, Tuesday’s rainfalls at times matched the intensity of Hurricane Harvey. The Houston Chronicle reported that “The rainfall was particularly severe in suburban areas such as Kingwood …”

“Though our project is still in the land clearing stage, many of the detention ponds are complete – providing improved drainage to the area that did not previously exist. Additionally, the drainage study and construction plans for the Figure Four project were completed by LJA Engineering, an experienced and highly respected firm and approved by the County. All City and County permits were obtained and all applicable building codes have been followed.

“Several questions have been asked about a concrete structure on the project. This structure is the outfall control device and part of the permitted and approved drainage plan. The outfall control device functioned as designed on Tuesday night. Similar to the detention ponds, the outflow control structure improved drainage in the area.”

– End of Statement –

*Concrete structure referred to in statement above.*

Flaws in Argument

At the risk of clarifying the obvious, I would point out that:

Elm Grove didn’t flood during Harvey.
The improved drainage did not work as well as the previous natural drainage, which the developer filled in.
The “highly respected” LJA Engineering, Inc. was sued by almost 500 homeowners in the Woodlands for flooding there (see below).
The “many” completed detention ponds, none of which I could see in drone footage, were not up to the task.
If the outflow control structure “improved drainage,” why did 400 homes flood that didn’t flood before?

Summary of Woodlands Case and Court Documents

In the lawsuit against LJA Engineering, Inc., plaintiffs alleged that the engineers failed to prepare for, or consciously ignored, a foreseeable weather event, which resulted in the flooding of homes and caused catastrophic losses.

While never really addressing the merits of the allegations, the defendant denied the allegations and responded with 25 reasons why they should not be held accountable. For instance, the defendant responded that the flooding was an act of God. They also claimed the defendants assumed risk when they bought their homes; that the plaintiff’s injuries were caused by unspecified third parties; and that the plaintiffs’ own acts or omissions caused or contributed to their alleged injuries.

Here’s a federal court’s summary of the case, before it was remanded to Harris County District Court.

LJA and co-defendants Woodlands Land Development, L.P. and The Howard Hughes Corporation, pled for abatement of the case, claiming that the plaintiffs failed to provide them with sixty-day advance written notice of the claims. The judge then abated the case on 4/22/19.

Difference Between Woodlands and Elm Grove Cases

The Woodlands and Elm Grove situations are similar in that they both involved extreme weather events and flood damage. However, there are also some major differences. In the Woodlands case, plaintiffs occupied the land developed by the defendants. In Elm Grove, neighboring land owners were damaged during development of adjoining property.

Also, in the Woodlands case, plaintiffs alleged that the property had flooded in 1994, that defendants knew it, and that they failed to raise the property high enough to prevent flooding during Harvey. However, Elm Grove did not flood either in 1994 or during Harvey. It flooded only after clear cutting and the beginning of earthwork on the Figure Four Partner’s property.

It will be interesting to see whether any lawsuits emerge from those damaged in Elm Grove.

In the Figure Four Statement, you can see how the company is already setting up themes for their legal defense if necessary. LJA Engineering invoked the same themes during its defense of the Woodlands allegations.

In Other Developments Saturday…

Yesterday was filled with new developments and discoveries:

Elm Grove held a public meeting with a law firm to inform flooded residents of their legal rights.
Many residents of Porter came to the meeting to complain of drainage issues on the northern and western sides of the project.
It became clear that another 175-acre parcel of land was a part of the project. That parcel has also been clear cut, but no drainage “improvements” were visible.
No other precautions were visible to prevent runoff of silt such as berms, sand bags, or silt fences.
Water was ponding on neighbors’ property.
No stormwater pollution prevention permits were posted at any of the entrances to the job site that I could see. That in itself may be a violation of state regulations.
Harris County Judge Lina Hidalgo still had not visited Kingwood or declared a disaster. Such a declaration would make residents available for assistance from government agencies.

Additional Parcel Triples Clear-Cut Acreage

Saturday, Porter residents called to my attention the fact that Figure Four Partners was also developing an even larger tract of land not visible from Kingwood.

*Location of Woodridge Village, Section 3. MCAD lists it as 161.74 acres, but plat shows it as 175.*

This link shows a plat of the northern 175 acres, which Figure Four Partners called “Woodridge Village Section 3.” For those who are interested in contacting the developer or engineering company, the plat shows their addresses and phone numbers.

Here’s what the area looks like. It’s roughly twice the size of the area to the south that directly borders Kingwood.

*Elm Grove is on the right out of frame. Note the slope toward Elm Grove.*

*Another angle on the northern tract shows clear-cutting in progress and the slope toward Elm Grove.*

*Looking south, directly toward Elm Grove and the area that flooded so badly. Elm Grove and another giant clear-cut tract belonging to Figure Four Partners are beyond the tree line.*

Flooded Porter residence that backs up to Figure Four development. Residents in both Sherwood Trails and Porter who border the development complain of the build up of stagnant, stinking water because of altered drainage.

Meanwhile, Clean-Up Continues in Elm Grove

*Debris washed into Elm Grove from developer’s property shows how high water flowed in down Village Springs Drive.*

*Home after home along Village Springs Drive had debris piled head high* *as residents mucked out their homes.*

*Oh, that low, down-in-the-dumpster feeling.*..

Since the flood on Tuesday, Houston City Council Member Dave Martin has been inspecting the clear cut area adjacent to Elm Grove, coordinating City clean-up efforts, and meeting with affected residents.

*Houston Mayoral Candidate Bill King (l) consults with flooded resident Abel Vera (r) about events that unfolded during the flood.* *Piles of dirt in the background are roughly sitting on top of the original stream on the property that was filled in by the developer.* *Vera’s home is directly behind him. This is one of at least a half dozen trips King has made to Kingwood in the last year to understand flooding issues in the area.*

*Flooded Elm Grove and Porter residents attending a meeting at Good Shepherd Episcopal Church to learn about their legal options.* *Shot shows approximately half of the crowd.*

Posted by Bob Rehak on May 12, 2019

621 Days After Hurricane Harvey

Thoughts expressed in this post represent my opinions on matters of public policy. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP statute of the great state of Texas.

East and West Forks Out of Banks Already, Flash Flood Watch Extended to 2 a.m. Wednesday

My friend, John Knoerzer, owner of Uniserve Air Conditioning, sent me this video from East End Park around sunset tonight. It shows the East Fork of the San Jacinto River has already come out of its banks. This was at about 6:22 p.m. Tuesday.

Even Gus the Poodle knows to stay away from the raging East Fork. Shown here: the North Loop Trail in East End Park.

I have no pictures from the West Fork, so this graph will have to do. It shows that the West Fork at US59 is already out of its banks and in the moderate flooding stage.

Flash Flood Watch Extended to 2AM Wednesday

Meanwhile, the National Weather Service has extended the Flash Flood Watch for Houston until 2 a.m. Wednesday. This means conditions are favorable for flooding to occur. A nearly stationary weak boundary is focusing training showers and thunderstorms across the watch area. Very heavy rainfall is occurring in a short time period, which can cause flooding of streets, creeks and bayous. With the loss of daytime heating, precipitation should begin to gradually weaken as we head into the overnight hours.

Said Jeff Lindner of Harris County Flood Control, “Rainfall amounts of 5-9 inches occurred this afternoon over NE Harris County in the Kingwood/Humble area resulting in significant street flooding. Water is taking time to go down due to the large volume of water that fell in such a short period of time.”

Areas under flash flood watch as of 8:30PM Tuesday night.

Romerica Land Going Under for 7th Time in 14 Months

Harris County’s Real Time Inundation Mapping System shows that the area below the Barrington where Romerica hopes to build it’s residential, commercial and hotel high rises is largely under water as of this writing. That will make the seventh flood in the last 14 months. At times like these, I wish people, i.e., developers with dreams, would learn to listen to nature.

Take Protective Action

Be Prepared. People should bring their pets inside and delay travel or outdoor activities during periods of heavy rainfall. If travel is unavoidable, reduce your speed to avoid hydroplaning. If a Flash Flood Warning is issued for your area, DO NOT travel.

Turn Around, Don’t Drown®: Do not drive through flooded areas. If you see water covering the road, do not attempt to cross it. Only a few inches of water can float a vehicle . If you find yourself in a dangerous situation where your vehicle is taking on water, get out of the vehicle, get to a higher position, and call 911.

Monitor Official Sources for Current Information: Harris County Flood Warning System (harriscountyfws.org), Houston TranStar (houstontranstar.org), and the National Weather Service Houston/Galveston Forecast Office (weather.gov/hgx).

Monitor Stream, Bayou, and Creek Conditions: Rain may move repeatedly across the same area, causing creeks and bayous to rise and possibly exceed their banks. Stay informed of current conditions and avoid traveling near creeks and bayous.

Avoid Traveling during Periods of Heavy Rain: Rain can reduce visibility and prevent you from seeing the road ahead, which could lead to accidents.

Posted by Bob Rehak on 5/7/19 at 8:30 PM

616 Days since Hurricane Harvey

Severe Weather, Heavy Rainfall Threats Return for Much of This Week

Keep your eye on the sky for more severe-weather threats this week. Harris County Flood Control Meteorologist Jeff Linder warns that the coming week could bring us 5-7 inches of rain, and higher totals in places. He says the upper level trough setting up over the southwestern US will send us one storm after another. Linder compared the current pattern to those in the springs of 2015 and 2016. We saw multiple floods across Texas in both of those years.

*Rainfall total forecast for May 5 through 12.*

Monday Night/Tuesday: Saturating Soils

A strong disturbance will move into southeast Texas on Monday night and Tuesday with widespread showers and thunderstorms. Heavy rainfall of 1-2 inches with higher isolated totals will be possible along with a slight severe weather threat. Lindner thinks “most of the area will be able to handle this round of rainfall as long as there is no sustained cell training that develops and the overall forward progression of the system remains fast enough to prevent rainfall totals from piling up.” What this system will likely accomplish is further saturation of the soil over the area. Lindner calls it a “primer” event for more sustained heavy rainfall toward the end of the week.

Thursday-Saturday: Flood, Severe Weather Threats

Another strong storm system will approach toward the end of the week along with a slow moving and stalling surface frontal boundary. An extremely moist air mass along with the overall slow eastward progression of the storm system moving out of Mexico are significant heavy-rainfall signals during this period. Lindner expects several inches as several rounds of slow-moving thunderstorms impact the region. Flooding and severe weather will be possible during this period.

Rainfall Totals and Flood Risk

Rainfall totals over the next 5 days should average 4-5 inches over much of southeast Texas and there will almost certainly be higher isolated totals. The widespread nature of the incoming weather this week on top of increasingly saturated grounds, and already swollen rivers, creek, and bayous increases the flooding threat. Main concern will be the Brazos, Trinity, and San Jacinto River basins and toward the end of the week the Harris County bayous and creeks if the current forecast holds.

Exact timing of the rainfall and storms as well as amounts and locations of the higher totals will be in flux over the next 5 days.

Although some street flooding is possible, I suspect the main threat will be river flooding this time.

Things You Can Do to Prepare

The Tax and Memorial Day Floods in 2015 and 2016 did as much damage as many hurricanes. So it would be good to prepare an evacuation kit, just in case. Here are some tips.

Get a backup battery charger for your cell phone in case of extended power outages. Remember the 13 days Kingwood went without power after Hurricane Ike?

Change out the batteries in your flashlights and weather radio. Remember those? They still work!

Learn how to read cloud formations and what they mean. Here’s a link to a well-illustrated article about threatening cloud formations. You may also want to search for “cloud formations before tornados.”

Move your vehicle to higher ground, preferably inside a garage. Remember, large hail often occurs with severe storms and can destroy a car’s finish.

After a flash flood, stay home or stay at work.

Posted by Bob Rehak on May 5, 2019

614 Days since Hurricane Harvey

One Less Thing to Worry About in Latest Storm: How Seasonal Lowering of Lake Conroe Helped

Storms during the last two days were traumatic for virtually everyone in the Kingwood area. Tragically, one person lost her life when her car hit a downed tree.

Others lost vehicles, trees, and sleep.
Torrential rains for a brief period – at the rate of 4-5 inches in an hour – flooded streets and vehicles.
They also brought water near or into homes.
Parents picking children up from school waited in rising waters as their students sheltered in place.
A small tornado may have briefly touched down near Town Center.
Kingwood Drive was shut down for hours during the Friday afternoon rush hour.
People traumatized by Harvey were re-traumatized.
People without power waited and wondered for hours about what was going on around them.

Lake Conroe: One Less Worry This Time

Despite all that, we did NOT have to worry about one thing: Lake Conroe opening its flood gates again during this storm. The seasonal lowering policy established last year worked.

The SJRA board voted to lower the lake’s level one foot to 200 mean feet above sea level (MSL) from April 1 to May 31.

That action may have saved the Lake Houston area from additional flooding in the last round of storms.

Releasing Water Continuously At Low Rate Created Extra Capacity

Lake Conroe had released water continuously since April 1 at a slow, controlled rate of 350 to 550 cubic feet per second. However, because of spring rains, Lake Conroe had only dropped about a half foot from 201 to 200.66 feet MSL. Had the releases not happened, the lake would have been an estimated 1-1.5 feet higher, according to Mark Micheletti, an SJRA board member from Kingwood. That means the lake level would have been approaching 202 feet, the level at which the SJRA automatically begins releasing water, when the storm hit. That would have forced the SJRA to release water at a higher rate that could have overloaded the downstream watershed.

Buffer Against Downstream Flooding Worked

In other words, the policy worked. The seasonal lowering provided a buffer against downstream flooding. NOAA shows a double crest on the San Jacinto West Fork at US59 during the last two days that coincided with two waves of storms. At peak flow, the river came within about two feet of going out of its banks.

*An additional foot of water released from Lake Conroe would have added two feet to Lake Houston and created flooding.*

About a mile downstream at River Grove Park, the water was up, but still within its banks.

*Despite torrential rains last night and early this morning, the West Fork remained in its banks. The river was up, but no homes flooded from the river.*

Success: No Rivers or Streams Out of Banks

At this hour, neither NOAA, the SJRA, nor Harris County Flood Control, predicts any flooding from yesterday’s storms. In fact, all streams and bayous seem to be receding at this time. That’s one less thing to worry about as we clean up from the latest storm. The SJRA’s seasonal lowering DID help.

Remember, Lake Conroe is almost twice as big as Lake Houston (33 sq. mi. vs 18.5 sq. mi.). So one foot released there translates into almost two feet here. And two feet would likely have forced the San Jacinto out of its banks for the fifth time in a year.

Kudos to the SJRA board, the City of Houston, and the TCEQ for enabling this policy. That, in conjunction with the City’s pre-release policy for Lake Houston, have made a difference.

Posted by Bob Rehak on 5/5/2019

614 Days since Hurricane Harvey

History of Proposed High-Rise Property Tied to Flooding For Decades

Romerica Investments proposed high-rise marina property has a long history of flooding. In fact, the flooding which has gotten progressively worse through the years, has stymied one developer after another.

The property flooded 52 times since Lake Houston was built in 1955. That means it floods almost every year. And in the last year (February ’18 to January ’19). it flooded SIX times.

Timeline Shows Link Between Flooding, Sales, Lawsuit

As you review this chronology, clicking on the links will take you to the actual deeds. Here’s a timeline that shows how sales of the property relate to water and flooding. As you review it, remember all deed restrictions run with the land. That means they carry forward from one buyer to the next…unless the original entity imposing the restrictions consents to removing them.

Notice how subsequent transfers summarize restrictions in the earlier transfers: “This conveyance…is made and accepted subject to any and all … restrictions … relating to the property, but only to the extent that they are … shown of record in the herein above mentioned County…”

We could find no documents in county records removing the single-family residential restriction that Friendswood Development Company placed on the property. The developer has provided none to date.

Title and Flood History

1950 – Foster Lumber Company sells 3200 acres to City of Houston for the purpose of creating Lake Houston.

1955 – Lake Houston created.

1973 – City of Houston sells two tracts of land not inundated by Lake Houston to Friendswood Development Company and King Ranch. City puts several deed restrictions on property. The significant ones: 1) No use that could alter the reservoir capacity of Lake Houston through fill or erosion. 2) Any fill must be compensated with excavation immediately adjacent to the fill. 3) City reserved the right to enforce pollution controls on activities up to the 51 foot contour elevation line. This is significant because it would include marina operations. The Lake and river normally pool at 42.5 feet back to the US59 bridge.

1994 – In October, historic flooding hits area. Crest at US59 = 67.30 feet.

1994 – On December 30, Friendswood and King Ranch sell property to Holley-Strother Kingwood Lakes Estates, LTD. Deed restrictions limit property use to “single family residential homes with accompanying greenbelt, park, pool, recreational facilities and for no other purpose or purposes” for a period of 40 years. Also, drainage cannot be altered in a way that affects surrounding property. Finally, before the developers could begin construction, they had to get a declaration of use restrictions affecting all the property approved in writing by the grantor. This would force homebuyers to abide by the deed restrictions, too.

1998 – West Fork crests at 60.1 feet at US59 on 11/15.

2001 – 2007 – River crests above 50 feet inundating Holley-Strother property seven times in seven years.

2006 – Holley Strother Kingwood Lakes Estates, LTD sells land to Holley-Strother, LTD, a Texas Limited Partnership.

2007 – June 18, FEMA approves new Flood Insurance Rate Maps (FIRMS). This put a large part of the Holley Strother property in the floodway for the first time. City of Houston also adopted a new ordinance that prohibited the City Engineer from permitting any buildings in a floodway.

Current flood map used by FEMA and CoH is dated 6/17/2007. Expansion of floodway (crosshatched area) kept Holley-Strother from developing land. COH rules prohibit building in floodway. Current developer appears to be rushing to get property permitted before flood maps are updated again. Updates will likely show all high-rise portion in floodway.

2007 – On July 3, two weeks later, Holly and Strother, now operating as HS Tejas Partners – get restrictive covenants approved by Friendswood so they can move forward with the development of a new subdivision called The Kingwood Polo Club. This document affirms previous restrictions, i.e., single family residential homes only. It also establishes cause for upcoming lawsuit with City when permit is denied.

2008 – West Fork floods and crests at 62.8 feet at US59 on September 18. Holley and Strother excavate a lake on the southern portion of their land to help build up the level of the Barrington, which is still under construction. On September 30, Holley and Strother sue the City. They claim that the City Ordinance against building in the floodway constitutes “illegal taking” of their land under the 14th amendment of the U.S. Constitution.

2009 – 2012 – Floods above 50 feet inundate the property three more times.

2012 – October 17, HS Tejas sells the property to FAMA Properties Limited Partnership of Alberta, Canada. FAMA agrees to previous deed restrictions.

2015 – 2016 – Property floods SIX more times between March, 2015 and May, 2016. Highest crest at US59 is 61.95 feet on 5/29/16.

2016 – HS Tejas settles its lawsuit against the City of Houston on 6/28/2016 for $45,000.

2017 – On August 29, Hurricane Harvey sets new record for highest crest on the West Fork – 69.18 feet.

2017 – On September 15, FAMA Properties Limited Partnership of Alberta sells the property to Romerica Landco, LP, a Delaware Limited Liability Company. Fabio Covarrubias Piffer, a partner in both companies signs the transaction.

2017 – On October 9, Romerica Landco LP sells the part of the property INSIDE the current floodway to Romerica M5, a Texas Limited Liability Company. Fabio M. Covarrubias Piffer and Gabriel Miguel Haddad Giorgi, both sign as managers of Romerica GP, LLC, a Delaware Limited Liability Company, which is the General Partner of Romerica Landco.

2017 – Also on October 9, the same Romerica Landco LP of Delaware sells the 23.6337 acres OUTSIDE of the floodway to Romerica RMR4 LLC, a Texas Limited Liability Company. The same two men sign as managers of Romerica GP, the general partner of Romerica Landco, both of Delaware.

2018 – Property floods three more times this year. USGS issues its Peak Stream Flow report that reclassifies Harvey at Highway 99 as a 42-year storm. (US59 and Country Club gages were knocked out by storm so no similar calculation was available for Kingwood area.) NOAA issues new rainfall maps showing the old 100-year storm is now almost a 25-year storm. Also, in September, Matt Zeve of Harris County Flood Control addressed an audience at the Kingwood Community Center and discussed how Flood Insurance Rate Maps would soon be updated again.
CivilTech, a contractor for Romerica, obtains a permit to begin excavation and expansion of the lakes that will form the marina in front of the high rises. Flood Control approved the permits after CivilTech stated that the excavated material would be REMOVED from the site. Then plans changed. On December 27, the Army Corps issued a Public Notice that Romerica Investments had applied for permit to develop 25-50 story high rises on the smaller property touching the floodway as defined in 2007 (see map above). The Public Notice also discloses that it will USE material excavated from lakes to RAISE the level of their properties. Concerned residents note that since the excavations will immediately fill with water, the fill material will reduce the storage capacity of the floodplain.

Questions Remain

And so history repeats itself. The current rush to beat redrawing of the flood maps reminds one of the events in 2007 and 2008.

I have numerous questions about this project. About the safety of building high rises in an old meander of the San Jacinto. About the wisdom of approving a permit to build such immense structures on the edge of the floodway – when we know the flood maps will soon be revised again. About expanding a marina toward the river when the river is migrating toward the marina at the rate of 20 feet per year.

Who are These People?

Meanwhile, I’m also struggling with questions about the developers. I’m struggling to understand the maze of companies, partnerships, addresses, and registrations in other states and countries. These two men have 19 entities here in Texas alone.

This raises so many questions that I hope the Corps extends the public comment period yet again until we can learn who these men are and where their money comes from. The community needs to understand who we are dealing with. But they have not yet consented to a public meeting despite numerous requests.

As always, these are my opinions on matters of public interest. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP statute of the great State of Texas.

Posted by Bob Rehak on February 6, 2019

531 Days since Hurricane Harvey

Moderate Flooding Expected on West Fork, Minor Flooding on East Fork

The rain overnight became pretty intense between 4:30 and 5:30 a.m. about the time the NWS issued a tornado watch. Once again, areas north and northwest of us received more rain that we did. The NWS has issued a flood warnings for the West Fork of the San Jacinto. West Fork. They expect the river to crest at 51.3 feet, well below the major classification.

The River should rise above flood stage Friday morning and crest on Sunday. The flood will impact low lying roads near the river. The north side turnaround at US 59 and low points on Thelma Rd, Aqua Vista Dr, and Riverview Dr. will begin to flood. Water levels should approximate those reached in the December 7-8, 2018 event. Nearly all of the water heading into the West Fork is from significant run-off being generated on Cypress, Spring, and Lake Creeks.

The City did not lower Lake Houston in anticipation of this flood. However, the Coastal Water Authority is currently releasing 2500 cubic feet per second through the tainter gates on Lake Houston. It will be interesting to compare the ultimate water height to the Dec. 7-8 flood when the City did lower the Lake.

Here’s what the dock at River Grove looked like this morning. Photo courtesy of Bruce Casto.

Boat dock at River Grove around 9 a.m. on Thursday 12/27/18.

On December 8, River Grove looked like this.

*River Grove Flood Level on December 8. Will this flood be higher?*

East Fork Crest Delayed and Prolonged

East Fork residents can breath a little easier.

River is already rising at FM 1485 and nearing bankfull at FM 2090 (Plum Grove). Heavy rainfall over the headwaters of the river will move downstream from the Cleveland area and reach Plum Grove and FM 1485 this weekend. The river should rise to flood stage midday Friday and have an extended flat crest over the weekend near 60.5 ft. FM 1485 may be threatened at these levels along with low lying roads in subdivisions downstream of FM 1485. That’s Huffman and Kingwood!

Spring Creek

Significant run-off is in progress over the upper headwaters of Spring Creek and the creek is rising along the entire channel. Hegar Rd is at bankfull this morning and near bankfull conditions will be possible along the creek downstream to SH 249 and I-45. No structure flooding is expected, but some low lying roads near the creek or that cross the creek may be impacted…especially upstream of SH 249.

Cypress Creek

Significant run-off in the headwaters into Cypress Creek. Creek may reach near flood stage later today at Katy Hockley. Harris County Flood Control does not expect any significant downstream flooding east of Hwy 290 along Cypress Creek, although the creek will be very high as upstream water moves downstream.

Posted on 12/27/18 by Bob Rehak

485 Days since Hurricane Harvey

Drone Footage of River Grove Park Shows Scope of Last Flood

Jim Zura, owner of Zura Productions, sent me three clips shot from his drones last Saturday at River Grove Park. They show just how wide the river got at this low point at the peak of the flood. They also show the impact of dredging on the massive side bar that blocked the drainage ditch which runs through the park.

At this point, dredging is only about 20% complete. So we have not yet seen the full effect, nor will we until the mouth bar issue is addressed.

Flying into River Grove and looking down on parking lot.

Flying out over river to dredged area

Flying out over playing fields

My thanks to Jim Zura for letting me share his work with the community. This impressive footage enhances our understanding of the world around us.

Posted on December 12, 2018, by Bob Rehak with permission from Jim Zura, Zura Productions

470 Days since Hurricane Harvey

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