Perry homes Archives - Page 8 of 9

Provisions for Off-Site Overland Sheet Flow in Montgomery County Drainage Criteria Manual Warned Perry Homes of Dangers to Elm Grove

Section 5.3.5 of the Montgomery County Drainage Criteria Manual (Pages 83-84) specifically address flooding of established subdivisions by land under development. For example when Elm Grove was flooded from clearcut land in Woodridge Village. Had Perry Homes, its subsidiaries and contractors followed the requirements in the Manual, Elm Grove might not have flooded.

Provisions Adequate for Ultimate Development Can Be Severely Deficient for Intermediate Stages

The section on Offsite Overland Flow starts out by saying, “Sheet flow from undeveloped areas into an existing or a proposed subdivision can create a localized flood hazard by overloading street inlets and/or flooding individual lots.” This is exactly what happened to Elm Grove Village and North Kingwood Forest in May and September of this year. City of Houston storm drains already taxed to the max became overloaded when water broke out of Woodridge Village and started flowing down the streets of Elm Grove and North Kingwood Forest.

*Streets of Elm Grove during May 7th Flood show danger of not planning for runoff during intermediate stages of development.*

The text in the Drainage Manual then continues. “Any drainage plan for a proposed subdlvision submitted for review and approval by the Montgomery County Drainage Administrator must address the drainage of all adjacent lands. Both under undeveloped and fully developed conditions. A plan which may be adequate under conditions of ultimate development can be severely deficient during intermediate conditions of development due to sheet flow from adjacent undeveloped land. Provisions must be made to divert 100-year sheet flows to a channel system or to the secondary street and storm sewer system.” [Emphasis added.]

The LJA Drainage Analysis claimed Woodridge would create “No adverse impacts to neighboring developments or Taylor Gully.” However, the LJA analysis did not:

Discuss the drainage of adjacent lands, such as Elm Grove.
Discuss intermediate conditions of development; they focus only on fully developed Phase 1 and Phase 2 Conditions.
Mention the phrase “sheet flow” once.
Make provisions to divert 100-year sheet flows.

No Swales to Redirect Sheet Flow

The next paragraph of the Montgomery County Drainage Criteria Manual starts, “Redirection of the sheet flow can usually be achieved through the use of drainage swales located in temporary drainage easements along the periphery of the subdivision.” Perry Homes built no such swales … at least not adequate ones.

No Berms to Block Sheet Flow

Later in that same paragraph, the Manual talks about building berms between the swales and adjoining neighborhoods to prevent the flow from overrunning the swale. Unfortunately, on May 7th, no such berms existed. They did for Imelda, but they proved inadequate to divert the sheet flow and they had gaps in them.

No Additional Storm Sewer Capacity

The next paragraph talks about building “additional inlet and storm sewer capacity … to prevent prolonged street ponding in the (neighboring) subdivision resulting from flow from the undeveloped area.” That didn’t happen either.

No Planning for Rain Before Detention Ponds Fully Built

Perry Homes took none of these precautions. LJA never planned for them (as far as I can see from publicly available documents). Reading LJA’s drainage analysis, one gets the impression that no one ever even conceived of rainfall before they could build all the detention ponds for Woodridge Village. That turned out to be yet another fatal assumption. Despite all the warnings and mitigation advice in Montgomery County’s Drainage Criteria Manual.

Add this to a long and growing list of other things they ignored, underestimated, or mischaracterized.

Stay Tuned for More

The list goes on and on. I have barely started. This series could last for weeks. The MoCo Drainage Manual goes on for almost 200 pages. And Woodridge Village is far from the only Perry Homes Development.

Perhaps the biggest question in all of this is for the Montgomery County Judge and Commissioners. How do plans like this get approved?

Posted by Bob Rehak on 11/12/2019 with thanks to Jeff Miller

806 Days since Hurricane Harvey and 55 since Imelda

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.

For those who are interested, I have reprinted verbatim the full text of Section 5.3.5 from the Montgomery County Drainage Criteria Manual below.

Section 5.3.5 Off-Site Overland Flow from the Montgomery County Drainage Criteria Manual (See Pages 83 and 84)

Sheet flow from undeveloped areas into an existing or a proposed subdivision can create a locallzed flood hazard by overloading street inlets and/or flooding individual lots. Any drainage plan for a proposed subdlviston submitted for review and approval by the Montgomery County Drainage Administrator must address the drainage of all adjacent lands. Both under undeveloped and fully developed conditions. A plan which may be adequate under conditions of ultimate development can be severely deficient during intermediate conditions of development due to sheet flow from adjacent undeveloped land. Provisions must be made to divert 100-year sheet flows to a channel system or to the secondary street and storm sewer system.

Redirection of the sheet flow can usually be achieved through the use of drainage swales located in temporary drainage easements along the periphery of the subdivision. As the adjacent area develops to the point at which the street system can effectlvely handle the sheet flow condition, the temporary drainage swales and easements may be abandoned.. The drainage swales should be relatively shallow, with the excavation spoiled continuously along the subdivision side of the swale to prevent flow from overrunnmg the swale. The swale should have sufficient grade to avoid standing water, but not enough to create erosion problems. Generally, a minimum. grade of 0.1% should be maintained with the maximum grade strongly dependent on local soil conditions.

Such temporary drainage swales may be directed to inlets in the storm sewer system or, preferably, to the appropriate primary outfall channel. lf an undeveloped area is to be drained to a storm sewer, additional inlet and storm sewer capacity must be provided to prevent prolonged street ponding In the subdivision resulting from flow from the undeveloped area. Provisions for this flow must also be included in the design of the street drainage overflow system. The design of temporary drainage swales directed to Montgomery County drainage channels must include adequate provisions to drop the flow into the channel through an approved structure in order to avoid excessive erosion of the channel banks.

Outfalling the temporary swale into the backslope drainage system for the channel is unacceptable because the backslope drainage interceptor structures are not adequate to convey flow from an off-site swale. A typical approved structure is shown in Figure 6.3, With the exception of the pipe dimension. The pipe must be sized to handle the 100-year flow from the off-site area.

Perry Homes Apparently Violating Montgomery County Development Regulations, Too

On September 26th, the City of Houston fired off a Cease-and-Desist Letter to Perry Homes regarding its Woodridge Village development just north of Elm Grove. The letter warned Perry and its subsidiaries to stop sending sediment into Houston storm drains. Now it appears the Perry gang is violating Montgomery County regulations, too. Let me call your attention to page 28 of the Montgomery County Subdivision Rules and Regulations. The sediment section reads (and I quote verbatim):

“IV. SEDIMENT CONTROL AND SEDIMENTATION PONDS. The subdivider shall provide effective sediment control measures in the planning and construction of subdivisions. Practical combinations of the following technical principles should be applied:

No more than ten acres of land in road right-of-way shall be exposed at any one time during development, without prior approval of the County Engineer.
When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
Temporary vegetation and/or mulching shall be used to protect critical area exposed during development.
Sediment basins and traps shall be installed and maintained in properly designated places to remove sediment from runoff waters on land undergoing development.
Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development.
The permanent final vegetation and structures shall be installed as soon as practical in the development.
The development plat shall be fitted to the topography and soils so as to create the least erosion potential.”

Let’s compare these principles with Perry’s practices.

Strike One

Shall provide effective sediment control measures in construction?

*Photo taken shortly after May 7th flood on southern section of Woodridge Village.*

Strike Two

No more than 10 acres of land shall be exposed at any one time?

Strike Three

Land exposed for shortest practical period of time?

*Drone footage of Woodridge Village southern section from May 9*.

*Shot of same area (from different angle) six months later.*

Strike Four

Temporary vegetation?

*Photo taken 11/4/2019*, *months after land was clearcut* *AND after two major floods.*

Strike Five

Provisions to accommodate increased runoff?

*Block after block of Elm Grove residents dragged their lives to the curb after being inundated by increased runoff from May 7th and Imelda.*

Strike 6

Final structures installed as soon as practical? Let’s look at detention ponds…that aren’t there…despite months of ideal construction weather.

*The N1 Detention pond should have been installed in the foreground months ago.*

*The* *N2 Detention Area (green triangle excavated by MoCo in 2006) was supposed to be expanded, but was not.*

*The N3 detention pond was to stretch from Taylor Gully in the bottom of the frame, almost to the tree line at the top. But nothing has been done.*

Strike 7

Plat fitted to soils to create the least erosion possible?

*But Perry contractors filled in natural wetlands and streams.*

Seven Strikes and You’re Out?

Not if you’re Perry Homes. Because when I first complained to the TCEQ about sediment flowing from the site in May, the TCEQ referred the investigation to Montgomery County. Then Montgomery County referred it to LJA Engineering. Perry Homes, of course, hired LJA to do the engineering on this site. So LJA was investigating itself and its client. Surprise, surprise, everyone called the problem fixed after installing some silt fencing in May. But it wasn’t fixed. Five months later, even more people flooded during Imelda than on May 7.

With the exception of some work on detention pond S2 last summer, Perry has not bothered to:

Expand detention capacity
Plant vegetation
Install sediment basins
Reduce runoff
Compensate for the wetlands and streams they filled in

Perry has done nothing in SEVEN months that reduced flood risk to Elm Grove. The work they did last summer didn’t prevent flooding in September. And they haven’t done anything since.

Yet Kathy Perry Britton, Perry Homes CEO, talks about the value of character, integrity and decisive action. The value of practicing good corporate responsibility. And Perry Homes’ commitment to excellence and distinguished reputation.

News flash, Ms. Britton. Going 0-7 doesn’t show a commitment to excellence. And suing flood victims certainly won’t establish a distinguished reputation. Although it may put you in the Hall of Shame with Montgomery County Commissioners who refuse to enforce their own regulations.

Posted by Bob Rehak on 11/12/2019, with thanks to Jeff Miller

805 Days since Hurricane Harvey and 54 since Imelda

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

Woodridge Village Update: More Dirt, Denials, Delays

Twenty-three days ago, Houston Mayor Sylvester Turner read a letter to a packed town hall meeting at the Kingwood Community Center. The letter was from a lawyer named J. Carey Gray. Mr. Gray laid out a timetable for accelerating completion of the detention ponds on the troubled Perry Homes’ development, Woodridge Village, just north of Elm Grove. The first deliverable: completing the S2 pond in 30-45 days – even though it was already largely completed.

As of early this week, contractors have performed no new excavation work on the site since early August. See pictures below.

One Piece of Equipment Moves Closer to S2 Pond

*This piece of Rebel Construction equipment moved from the site entrance to north of the S2 pond last Thursday. It looks as though its in danger of actually doing some work.* *Photo by Jeff Miller on 11/7/2019.*

Dirt Continues to Flow From Construction Site

Construction has slowed to a virtual standstill for three months. Between that time and the time the photos below were taken, we had Imelda and a 2.12-inch rain on October 29.

On the 29th, yet more mud washed out of the development into the City’s storm drains, despite the City’s Cease and Desist Letter.

*This and photos immediately below were taken on 10/29/2019 near Woodridge Village Construction entrance on Fair Grove Drive and Creek Manor Drive in Kingwood.*

*Dropping back a little farther, you can see the silty runoff from the construction site. Notice the contrast between that and the clear water coming from a resident’s lawn through the curb break.*

*Contrast appears a little clearer in this closeup.*

*You can see the contrast even better where the water enters this storm drain. Muddy water is coming from the construction site. Clear water from the neighborhood to the south.*

*These sand waves covered Fair Grove Drive just outside the construction site entrance.*..despite silt fencing.

*Here’s a picture of water going into the S2 Detention pond at the north end of Village Springs Drive.*

*And here it is coming out of S2 into Taylor Gully. S2 is behind the trees on the left. This shot is looking north.*

Of course, flooding, not sediment is the real issue in Elm Grove. However, sediment can block storm drains and contribute to flooding. That’s why the City has an ordinance prohibiting discharges of sediment into the City’s sewer system. It’s one area where the City has real leverage with the Perry gang. That’s why so much emphasis has been placed on sediment in this controversy.

City Inspectors Visit Site

Thursday and again Friday, City inspectors checked the construction site for discharges. We dodged a huge bullet Thursday. Parts of Houston received five inches of rain. But the Lake Houston Area received less than one inch.

*Photo taken 11/7/2019 by Jeff Miller of a City Inspector photographing Woodridge S2 detention pond.*

*Photo taken 11/7/2019 by Jeff Miller shows same City Inspector walking along Taylor Gully just south of Woodridge.*

Denials, Finger Pointing, Objections on Legal Front

Webster and Spurlock, lawyers for hundreds of Elm Grove flood victims, have brought another defendant into the suit. It is Texasite LLC of Montgomery, Texas. Legal filings do not describe exactly what the new defendant did on site. The company has no web site that I can find. Even the Texas Secretary of State can’t shed much light on the matter; the company’s Certificate of Formation simply says it is organized to “conduct lawful business.”

That said, whatever they allegedly did, they aren’t accepting responsibility for it. Texasite:

Denies they harmed anyone
Asserts that plaintiffs caused their own injuries through negligence
Asserts that third parties caused the damage. Those third parties include God.

In other legal news, Webster and Spurlock filed a notice of intent to take a deposition by written questions from LJA Engineering. The list of information they seek is two pages long.

PSWA and Figure Four Partners, two Perry Homes subsidiaries being sued, objected to items #2 and #3 on the list. They included “letters, emails, and other correspondence/communications between LJA Engineering & Surveying” and the defendants “with regard to the Woodridge Village Development.” The defendants argued in their objection that the request was overly broad because it didn’t limit the time period or subject matter. So sayeth Counselor J. Carey Gray, who wrote the overly vague letter to the City of Houston re: completion of the detention ponds. According to documents on file with the Harris County District Clerk, the judge has not yet ruled on Perry’s objection to production of the evidence.

Delays Also Continue on Construction of More Detention

I flew over the Woodridge Village construction site on Monday, 11/4 and saw no evidence of construction activity, despite the assurances made by Counselor Gray. The images below show the lack of activity from several different angles.

*Looking N at the extreme western tail of the construction site that borders Woodland Hills Drive (left).* *This and all photos below taken on 11/4/2019.*

*Looking NE across the north and south sections of the site. Detention pond S1 runs along the diagonal tree line from the lower left. Detention Pond N2 is in the upper right.* *These two ponds comprise 23% of the total detention capacity by volume.*

Detention pond N3 is supposed to go along the trees in the background to the left of the S2 pond. It has not been started yet. Notice the one piece of yellow equipment at work clearcutting more land on the middle left.

*Close up of where the N3 pond will eventually go. It will start in the bottom left and curl around the upper right.*

*Looking west. No construction activity on the northeast corner of the site in the foreground.*

From this angle, looking SW, it’s easy to see all the standing water on the site. We received two inches of rain SIX days before. So much for LJA’s assumption that this site contained sandy loam. The ponding water after such a long period suggests a high clay content. That in turn explains the rapid and huge runoff rates that flooded Elm Grove.

*More ponding water indicating high clay content.*

*Looking west at the NW corner of the site. This is where the non-existent N1 pond should be.*

Looking North. The largest detention pond on the site, N2, will go in that triangular green area (center). Contractors were supposed to deepen and enlarge it. The partial detention capacity you see here now was developed by Montgomery County in 2006 as mitigation for another site. *So the detention capacity you see in this image, by itself, would not reduce Elm Grove flooding potential.* *Saying it did would be like trying to sell a ticket that someone else already bought.*

I’m Shocked, Shocked I Tell You

So what are we to make of the continued lack of construction activity? To paraphrase the exchange between Strasser and Renault in the movie Casablanca, I am shocked – SHOCKED – Perry would promise the Mayor of Houston that it would accelerate construction of new detention ponds and then not do it.

Posted by Bob Rehak on 11/9/2019, with photos an updates from Jeff Miller.

802 Days since Hurricane Harvey and 50 Days since Imelda

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

Perry Homes: Trick or Treat?

In the spirit of Halloween, it’s only fair to ask, “Is Perry Homes tricking or treating when it talks about Woodridge Village?” What Perry Homes says and what Perry does seem to contradict each other in a scary, horror-movie, Stephen-King, Cujo-on-steroids sort of way.

The Cujo analogy actually fits; man’s best friend turns into something not so nice. Woodridge Village is the 262-acre area that Perry contractors clear cut and then left before finishing the detention ponds. This contributed to the flooding of hundreds of homes in Elm Grove and North Kingwood Forest – twice so far this year.

Words vs. Actions

What do I mean by contradictions? A dozen examples:

They said Elm Grove flooding had absolutely nothing to do with Woodridge Village … when they had just clear-cut hundreds of acres.
Their consultant, LJA, promised the Montgomery County engineer that Woodridge would have no adverse impact on downstream flooding … then 200 homes flooded.
They claimed the May 7th flooding was God’s fault … when they had only 7% of the detention built.
After May 7th, they claimed they had “many” detention ponds COMPLETE … when they really only had one (S1).
Perry promised the City of Houston and Montgomery County five detention ponds, but built only two… and they comprise less than 25% of the volume.
They say they want to accelerate work on new detention, but haven’t done any new excavation work since August.
Perry blamed construction delays on wet weather … as people were choking on clouds of dust.
As a concession to wary flood victims, they promised not to build additional impervious cover … on hard-packed clay that was already largely impervious.
The company said it is researching events that led up to flooding … while the construction site is a ghost town.
Perry said how saddened it was to see the flooding in Elm Grove Village … as workers and equipment left the community unprotected.
Perry claims they need “approvals” to build additional detention. How did they start the job without approvals?
They said their hearts went out to flooded homeowners, right before suing them.

A Moving Experience

Last week, I wrote about how they hadn’t moved the equipment on their job site for a month. The day after the post, they parked the equipment in new places. But still no new excavation work.

*Equipment parked on the northern side of the site for a month moved to the western side but still is not working.*

How could anyone take Perry Homes at its word any longer? They certainly aren’t a treat and they’re not tricking anyone. The courts need to put an end to the Nightmare Near Elm Grove.

Posted by Bob Rehak on Halloween, 10/31/2019, with that to Jeff Miller

793 Days since Hurricane Harvey and 42 days after Imelda

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

One Week After Town Hall, Still No New Work on Woodridge Village Detention Ponds

A week after J. Carey Gray, a lawyer representing Perry Homes’ subsidiaries and contractors, promised the Mayor of Houston that his clients would move as quickly as possible to complete Woodridge detention ponds, there still has been no excavation activity at the job site. And in fact, according to Jeff Miller, an Elm Grove resident who visited the site today, much of the material and equipment that had been on site are now gone.

Lack of Detention Implicated in Two Floods

Twice in four months, Elm Grove and North Kingwood Forest flooded severely when water from Perry Homes’ troubled Woodridge Village development overflowed into the streets of those communities immediately south and east of Woodridge.

Before the May flood, Perry had clearcut virtually the entire 268 acres, but installed only 7% of the detention.
Before the September flood, they had substantially completed only one more pond, bringing the total to 23% of the planned detention.

*Percentage capacity of the five planned detention ponds on the Woodridge Village construction site as measured in acre feet. To date, only S1 and S2 are substantially complete.*

So it’s not too surprising that the completed detention ponds overflowed in heavy rains.

It was like trying to store 100 gallons of water in a 23 gallon container.

Excavation Work on Detention Ponds Stopped for Two Months

Where’s Larry the Cable Guy when you need him? He could “git-r-done.”

As the pictures below show, there’s one piece of excavation equipment on the northern portion of the site and it hasn’t moved for about a month.

Looking west at northwestern section of Woodridge Village from helicopter more than a month ago, on 9/21/2019, two days after Imelda. Note the yellow excavator with its bucket resting on the ground in the middle of the frame toward the tree line on the right.

Note the same excavator in the same place in the same position at the left of the frame. Photo taken 10/16/2019 from opposite direction, looking east.The foreground is where detention pond N1 should be. But the pond has not yet been started. *According to the LJA Engineering report, it should have been excavated as part of the first phase of development.*

Eight days later, you can see the same equipment still in the same place. However, it appears that two other pieces are now parked with it.

*Photo taken by Jeff Miller on 10/22/2019 shows excavator in same photo it was photographed in on 9/21/2019*, *a month earlier.*

Only Modest Repair Work on Ponds Since August

Resident Jeff Miller reported that an excavator removed some eroded sediment out of one completed pond (S1) after Imelda. Below is the photo he took on 10/6/2019. However, this was repair work, not new excavation work.

*Photo of S1 Repair Work taken on 10/6/2019 by Jeff Miller. S1 was the first pond completed.*

Four Detention Ponds Promised as Part of Phase 1

According to the LJA Engineering Drainage Impact Analysis, Table 3, Phase 1 of this development was to have FOUR detention ponds installed: N-1 and N-2 (regraded pilot channel) on the north, S-1 and S-2 on the South.

However, no new detention capacity exists on the northern section which has the steepest slope and the largest surface area. It was to provide 77% of the total detention.

N-1 and N-2 should provide 62% of the detention capacity. However, N-1 doesn’t exist. N-2 is not fully excavated. And N-3, which will provide another 15% is only a distant dream.

Hundreds of Families Remain at Risk

The lack of progress on detention places hundreds of families at risk as we slog our way through another 5 weeks of hurricane season. The season ends on November 30. But flood-weary residents also remain wary of non-tropical storms, such as Tax Day, Memorial Day, and May 7th this year. In the moist, Gulf-coast region, heavy storms can strike any time of year.

J. Carey Gray’s Promise

Last week, J. Carey Gray, Attorney at Law, made a promise to the City of Houston’s top lawyer, Mayor Sylvester Turner. Gray said, “To the extent possible, we will attempt to begin each project as quickly as plans can be completed and approved.”

Now, there’s an iron-clad contract if I ever saw one! However, as of October 22, 2019, no residents that I consulted around the site had seen any workers recently. Mr. J. Carey Gray, Attorney at Law, dated his letter October 17th.

According to resident Nancy Vera who lives immediately south of the construction site, there has been no recent construction activity anywhere on the site that she or her family can see.

Gretchen Smith who can see the site from her front yard in Porter has seen no workers.

Jeff Miller visits the site almost daily to check progress or non-progress of work. He had not seen any workers lately either. Moreover, he said that much of the materials and heavy equipment that had been stored on site appear to be gone.

Maybe Mr. Gray needs to consult with Larry, the Cable Guy.

Posted by Bob Rehak on 10/23/2019, with help from Jeff Miller, Nancy Vera, and Gretchen Dunlap-Smith

785 Days since Hurricane Harvey and 34 since Imelda

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

Stunning New Imelda Images Show Stream of Muck Coming Down Shady Maple From Direction of Woodridge Village

Note: If you have pictures of Imelda that you would like to share, please send them in via the Submissions page on this web site. Remember to identify time, date, location and describe what’s happening in the photo.

Where Shady Maple intersects Rustling Elms in Elm Grove, Melanie Bankston and her husband captured some stunning images on the morning of September 19th as Imelda raged across the area. The images show a distinct zebra pattern in the water rushing down the street. Taken as a series, they indicate that:

Shady Maple (the street) initially flooded from pure rainwater, not Taylor Gully or Woodridge Village
Later, murky brown, sediment-laden water, streamed down the street
Woodridge Village did not contain its stormwater as the law mandates.

Because of the way Shady Maple curves, I’ve included this satellite image for orientation purposes. The red arrow indicates the angle of view in the photos. Bankston shot across Shady Maple toward the bridge on Rustling Elms and Taylor Gully.

At 9:37 a.m.

Video at 9:52

At 9:52 a.m. most of the water in the street is still running clear. Note the speed of the trash can as it floats by. Taylor Gully is in the background. You can see it under the crepe myrtle. Also note how the water in the street is rushing toward Taylor Gully, an indication that the water in the gully was lower than in the street.

By 10:37 a.m.

*This closer shot was taken seconds later. In it, you can see how the color of muddy water invading the street matches the color of muddy water in Taylor Gully behind the crepe myrtle.* *At this point in Taylor Gully, the water came almost exclusively from Woodridge Village.*

By 11:25

Likely Path of Water from Woodridge

Erosion signs, silt fences that were pushed over, a trail of damaged homes, and eyewitness statements indicate that water from Woodridge backed up behind the twin culverts at the county line. At a certain point, the detention ponds started overflowing. That’s when water pushed into the streets of North Kingwood Forest and Elm Grove.

In North Kingwood Forest, the same types of evidence suggest that muddy water entered Right Way, then River Rose Court, turned the corner on Creek Manor toward Taylor Gully then turned again down Shady Maple toward Rustling Elms. There it turned another corner toward Taylor Gully, until the Gully came out of its banks.

*Path of muddy water through the streets of North Kingwood Forest and Elm Grove toward the Bankston Home, Rustling Elms and Taylor Gully.*

Emergency Evacuation for Second Time in Four Months

Keith Stewart who lives on the corner of Shady Maple and Creek Manor evacuated his family in a canoe toward Ford Road in Porter. He says the current coming down River Rose was so fast, he struggled against it.

Keith Stewart family evacuating Elm Grove on 9.19.19. Stewart had just made the turn from Creek Manor, north onto River Rose. He was struggling against the current while taking this shot. Shown in the picture are his wife Jennifer, son Gabriel, and brother-in-law Ambrose Johnson.

The water also overflowed into several surrounding streets, such as Forest Springs. There, Jeff Miller’s security camera picked up the same sudden surge of silty water.

Implications

Aside from the stunning and unusual amateur photography, the content of these images represents yet more evidence that Perry Homes, its subsidiaries and contractors failed to contain stormwater runoff as they were obligated to do by law. Hundreds of families in Elm Grove and North Kingwood Forest paid for that failure.

The Perry gang had only installed about a quarter of the detention on their site before Imelda. The other three quarters of the rain had to go somewhere else and it did.

Posted by Bob Rehak on 10/7/2019

769 Days after Harvey and 18 after Imelda

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

More Dirt on Perry Homes

Ken Matthews lives in a one-story house on Shady Maple Drive in Elm Grove about a block below the troubled Woodridge Village development in Montgomery County. Homes on Shady Maple Drive experienced severe damage during both the May 7th and September 19th storms. That damage has been linked to this development.

“Had I Waited One More Minute…”

Between 8 and 9 o’clock a.m. on September 19th, Matthews saw water rising quickly in front of his home. He made a split-second decision to evacuate his wife and child. By the time he packed them in his car, they barely escaped. Water filled the street that quickly. He said, “Had I waited one more minute, we would not have gotten out.”

Matthews had just moved back into his house days before. They had lived with a friend for months while finishing repairs from the May 7th flood. He and his family went to the same friend’s house to wait out the September 19th storm.

The Clear-Cut Difference

Clear-cutting accelerates the rate of run-off, contributes to flooding, and increases sedimentation as you can see in this video. Virtually the entire 268-acre Woodridge site had been clearcut by mid-August when work on the site mysteriously ground to a halt. But only about about a quarter of the detention ponds had been installed before September 19th – despite a more than a month of ideal construction weather before Imelda.

Video from Jeff Miller’s security camera several blocks east shows his street filling up with clear water at the same time Matthews evacuated. However, a short while later, at exactly 10:10 a.m., a wave of chocolate brown muddy water came cascading down the street in a sudden surge. That much muck could only have come from one place: Woodridge Village. With only 25% of the detention installed, 75% of the runoff had to go somewhere else. It went into the streets of Elm Grove and North Kingwood Forest.

*When Matthews returned home, he found a thick layer of silt in his mailbox of all places.*

*Perry Homes’ check wasn’t in the mail, but apparently their dirt was.*

Matthews said he did not join the lawsuit against Perry Homes subsidiaries and contractors after May 7th. However, he does plan to join the suit now. His home has just been wiped out for the second time in four months.

Even More Dirt

If you want to find more dirt on Perry Homes, its subsidiaries and contractors, just go to the north end of Village Springs Drive next to Woodridge.

*Dried muck at the end of Village Springs Drive next to Woodridge (beyond the silt fence in the background) reaches over the curbs.*
*Video shows muddy water flowing out of Woodridge at this location on 9/19/19.* *Photo taken on 10/4/19.*

Significantly, Perry Homes has not lifted a finger to help the residents of Elm Grove. Instead it is suing them. This ranks as a new low in the annals of American corporate history.

Harris County Stormwater Rules Discourage Clearcutting Giant Sites All at Once

What do best practices in the development industry have to say about clearing such large sites all at once?

Harris County Stormwater Quality Management regulations discourage clearcutting giant sites like Woodridge Village all at once. See section 4.2.3.1, Stormwater Pollution Prevention (SWPPP) During Construction. The text states, “The clearing, grubbing and scalping (mass clearing or grading) of excessively large areas of land at one time promotes erosion and sedimentation problems. On the areas where disturbance takes place the site designer should consider staging construction [emphasis added], temporary seeding and/or temporary mulching as a technique to reduce erosion. Staging construction involves stabilizing one part of the site before disturbing another [emphasis added].“

Of course, these are Harris County regulations and Woodridge Village sits in Montgomery County. Montgomery County has no comparable regulations posted on its website as far as I can tell.

Construction Sequencing Not Addressed In Construction Plans

Section 4.2.5 of the same Harris County document addresses Construction Sequencing. This section states, “The construction drawings should clearly state the designer’s intentions and an appropriate sequence of construction should be shown on the plans. This sequence should then be the topic of a detailed discussion at the pre-construction meeting (that must include the on-site responsible construction personnel) and then enforced by an appropriate inspection program throughout the construction period.”

That didn’t happen in Montgomery County either.

Another Conflict of Interest for LJA Engineering?

LJA Engineering plans that have become public to date do not address the sequencing of construction except for Phase 1 and Phase 2. (Curiously, they started Phase 2 first.) Nor was there adequate supervision during the months before May 7th. No sediment control measures, such as silt fencing, had been installed before then.

That’s a shame. Perhaps if they did, hundreds of homes may not have flooded on September 19th.

While searching the Montgomery County site for stormwater regulations, I was reminded that LJA Engineering manages the stormwater program and reporting for Montgomery County. LJA Engineering developed the plans for Woodridge Village, yet another apparent conflict of interest. LJA Engineering’s stamps are all over the hydrology plans for this development, too.

Perry Homes Gang Still Stalling Lawsuit, But Some Hope

Meanwhile, the Perry Homes gang is still stalling the Webster-Spurlock law suit against them. Two weeks after the judge in the case heard arguments in the motion to compel discovery, she still has not made a ruling.

However, there was some movement in the case last week. Lawyers for both sides agreed to keep all documents and depositions obtained during discovery confidential. Perry’s subsidiaries and contractors may have material that would embarrass the parent company if it became public. The court documents refer to “protecting trade secrets.” That sounds like convenient cover to me. How many trade secrets can there be about bulldozing dirt?

The intent of the order seems to be to keep documents away from the watchful eyes of the media, such as ReduceFlooding.com. On the plus side, though, lawyers tell me that sometimes such agreements may be a prelude to settlement talks. If this moves the case forward, I’m all for it. The flood victims desperately need help.

Posted by Bob Rehak on October 5, 2019

767 Days since Hurricane Harvey and 16 since Imelda

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

Crenshaw Donates Perry Homes’ Campaign Contribution to First Baptist Flood Relief Fund

Today, rumors sprung up on social media about a campaign contribution from Perry Homes to Congressman Dan Crenshaw. Some people new that he had accepted the check from Perry Homes back in November of 2018. Most people did not know, however, what Crenshaw had done with it. A quick call to Sue Walden, a Crenshaw aid, cleared up the confusion.

*Congressman Crenshaw talks with flooded Elm Grove residents shortly after the September 19th flood* *about where the water came from.*

After touring the devastation in Elm Grove this week, Crenshaw did two things.

He called Perry Homes and told them “firmly” that they needed to fix the drainage in Woodridge Village so that Elm Grove residents did not flood again.
Crenshaw wrote a check for $2500 to the flood relief effort being sponsored by First Baptist Church of Kingwood. The amount of the donation matches the 2018 campaign contribution that Perry Homes made to his campaign.

I think this shows class, compassion, and integrity. It eliminates any appearance of a conflict of interest. It also helps the people who need it most, flood victims, rather than putting the money back in the hands of the people suing them.

If you can help, please donate at:

https://tithe.ly/give_new/www/#/tithely/give-one-time/665161

In the drop down box at top of the page, make sure you select, Flood Recovery Kingwood.

Posted by Bob Rehak

760 Days after Hurricane Harvey and 10 days after Imelda

Time-Lapse Footage of Elm Grove Flood: Three Hours Boiled Down to 20 Seconds

Time-lapse, security-camera footage supplied by Jeff Miller, an Elm Grove resident, shows dramatically how quickly Imelda piled up in the streets of Elm Grove. This video covers from 8 a.m to 11 a.m. – compressed into twenty seconds. Note how the water starts out clear. Then, at 10:10 a.m., it turns muddy brown, starts swirling, and quickly fills up the street, his driveway, and some neighbor’s homes across the street.

The Instant the Water Changed Color

This video clearly shows a sudden influx of water from somewhere other than the sky. It fixes the time at which Woodridge Village’s S2 detention pond overflowed into the streets of Elm Grove. Miller lives one block south and three blocks west of S2. That means the water probably overtopped the banks of S2 around 10 a.m., allowing about 10 minutes for travel time.

At 10:54 that morning, Nancy Vera who lives immediately south of the Woodridge Village S2 detention pond and whose house backs up to Taylor Gully, says that:

She had a foot of muddy water in her house
Her back yard was dry
Taylor Gully was still within its banks.

About this time, Allyssa Harris was shooting video of water streaming directly out of Woodridge Forest and streaming down Village Springs.

*Video courtesy of Allyssa Harris. Shot from north end of Village Springs in Elm Grove looking north at the S2 detention pond in Woodridge Village overflowing.*

Perry Homes Et. Al. Drag Own Reputations Through Mud

Perry Homes, its subsidiaries and contractors dragged their own reputations through the mud. They have been stonewalling discovery in the case against them by more than 200 plaintiffs. In fact, they have sued the plaintiffs.

The District Clerks office does not show that Judge Lauren Reeder has yet ruled on the motion to compel discovery brought by hundreds of plaintiffs in lawsuits filed by Spurlock and Webster.

Harris County Attorney Now Authorized to File Suit Against Bad Actors

One encouraging sign Tuesday: Harris County Commissioners voted unanimously to approve a motion that authorized the County Attorney to file suit against bad actors who don’t comply with regulations and cause downstream flooding. Frankly, I find that encouraging.

I think they just sent a shot over the bow of Perry Homes. Call the County Attorney tomorrow or send him links to related posts on this site.

These are my thoughts on matters of public opinion and safety. 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 9/25/2019 with video from Jeff Miller and Allyssa Harris

757 Days since Hurricane Harvey and six days since Imelda

Before-After Shots of Clean-Out: HCFCD Restoring Conveyance of Taylor Gully In Elm Grove

Harris County Flood Control District (HCFCD) is nearing completion of its project to clean out Taylor Gully. The project will restore the ditch’s conveyance through Elm Grove. The ditch had become clogged due, in large part, to erosion from months of clear-cutting and construction activities immediately upstream in the new Woodridge Village development.

After the Flood, but Before the Clean-Out

Below, several shots taken shortly after the May 7th flood.

*Erosion on Woodridge Village property. Concrete culvert in background is entrance to Taylor Gully on Harris County side of Montgomery County Line.*

*Another shot of erosion leading to culvert, visible in upper right.*

*Looking north at same culvert from Harris County side of county line.*

*Flood debris carried downstream into Elm Grove portion of Taylor Gully*

*Shot taken at end of May looking south along Taylor Gully. Three weeks after the May 7 flood.*

After the Clean-Out

What a difference some backhoes and bulldozers can make!

*Looking south from same area today, but from opposite side of Gully. Photo courtesy of Jeff Miller.*

*Re-contoured backslope swale with new culvert. Photo courtesy of Jeff Miller.*

*Newly cleared Taylor Gulley Backslope Swale near the homes that flooded in North Kingwood Forest. Photo courtesy of Jeff Miller.*

*Brand new backslope interceptor structure and improved swale by HCFCD located just north of Creek Manor where it dead ends into Taylor Gulley.* *Photo courtesy of Jeff Miller.*

These backslope interceptor swales reduce erosion, provide additional floodwater storage, and help prevent floodwaters from impacting structures.

One Month From Statistical Peak of Hurricane Season

Today is one month from the peak of hurricane season – September 11. Hundreds of people in Elm Grove and North Kingwood Forest will have an additional margin of safety thanks to HCFCD’s Taylor Gully project. Despite three months of near-perfect construction weather, Perry Homes’ contractors have only completed two of five planned detention ponds upstream. More on the construction status of Woodridge Village in my next post.

Posted by Bob Rehak on 8/11/2019 with photography from Jeff Miller

712 Days since Hurricane Harvey and 3 months + 4 days since the May 7th flood

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