Harris County Precinct 4 Commissioner Jack Cagle has placed an item on next Tuesday’s Commissioners’ Court Meeting that will affect the future of Kingwood. It’s to discuss the possibility of Harris County Flood Control spending $10 million to buy the Perry Home’s Woodridge Village property. It contributed to flooding hundreds of homes in Elm Grove and North Kingwood Forest TWICE last year.
Where Will Two More Votes Come From?
Cagle needs at least two more votes on Commissioners Court in addition to his own to approve the effort. Reportedly, Judge Lina Hidalgo, Commissioner Adrian Garcia in Precinct 2 and Commissioner Steve Radack in Precinct 3 are the most “gettable.”
Here’s how you can help. Email or call these officials today. Urge them to support Cagle’s motion. Do it NOW. I’ve listed their contact info below.
At Stake: The Future of Kingwood
Ten flooded homes in a row, all vacated. Photo taken in North Kingwood Forest in December 2019. All homes back up to Woodridge Village.
Without help, Elm Grove and North Kingwood Forest could drag down the reputation of the entire Kingwood community.
Additional flooding could devastate remaining homeowners. Many were already struggling to pay repair bills from two floods. Now corona-virus layoffs make that even more difficult.
Elm Grove kitchen home five months after being flooded a second time.
These are working class neighborhoods. As much so as any in Harris County. People simply can’t afford to flood again.
Language in last year’s flood bond allows Harris County Flood Control District to buy property in neighboring counties for the purpose of building upstream detention. The lack of detention on Perry Homes’ property is the primary reason hundreds of homes in Kingwood flooded. Two years after clearing the property, Perry Homes still has constructed only 23% of the needed detention.
No Other Good Alternatives At This Time
Harris County Flood Control reportedly can start work on expanding detention capacity as soon as Commissioners reach a deal.
If they can’t, Perry has said it will sell Woodridge Village to another developer or continue to develop the property itself. However, if that happens, the detention ponds on the property would still likely be undersized by 40%. That’s because Perry Homes rushed to get their plans approved before the new, higher Atlas-14 rainfall standards went into effect.
Help Now! Here’s How
To contact Judge Hidalgo, Commissioner Garcia or Commissioner Radack:
Remind them that Harris County receives drainage from at least FIVE surrounding counties. This problem is a county-wide problem, not just a Precinct 4 problem.
Please call or write now if you live in the Kingwood, Huffman, Humble or Atascocita areas. Even if you did not flood, flooding from Woodridge Village affects you and your home value. No one in this area can afford to let this sore fester any longer.
Posted by Bob Rehak on 4/1/2020
946 Days after Hurricane Harveyand 195 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/09/Elm-Grove-9.19_68.jpg?fit=1500%2C1000&ssl=110001500adminadmin2020-04-01 16:09:432020-04-01 18:46:07What You Can Do Right Now to Encourage HCFCD to Buy Woodridge Village Property
LJA’s drainage design forces floodwater to make six turns within the space of about 200 yards. The areas at the left and top of the frame flooded during May and September last year when water overflowed.
Hints of Defense Strategy
However, in answering the allegations, LJA’s lawyers did hint at their defense strategy. In addition to their general denial, they claim that:
Plaintiffs’ damages were solely caused by the negligence of third parties over whom LJA has no control.
Plaintiffs did not hire LJA and therefore LJA owed no duty to the plaintiffs.
Intervening and superseding conduct on the part of third parties or other parties, persons or entities, acts as a total bar to plaintiffs’ claims.
The incident in question was an Act of God.
Here is their entire answer to the plaintiffs’ claims. LJA’s lawyers filed it with the Harris County District Clerk on 3/16/2020.
Opinions of Claims
Third parties in the case include several contractors, AND Figure Four Partners, a Perry Homes’ subsidiary of another subsidiary. Engineers, in my experience, often blame problems on contractors that didn’t follow plans. In this case, according to the drainage impact analysis submitted by LJA to Montgomery County, contractor(s) should have cleared only 30 acres on the northern portion of the site and 58 acres on the southern portion during Phase 1. See page 1, paragraph 2 of LJA’s Drainage Impact Analysis. However, Google Earth shows that about half of the 182-acre northern section and all of the 86-acre southern section were cleared by February 23, 2019. That was six weeks before the May 7th flood. Images taken of the northern portion of the site shortly after the May 7th flood show it was virtually clear except for piles of uprooted trees. Helicopter images show that substantially all of the northern section was cleared about the time of the Imelda flood. Construction documents also show that an engineer should have been supervising construction.
I’m not sure what they mean by “intervening” conduct. It sounds like interference from above. Hmmmm. Could they be pointing a finger at Perry Homes’ Figure Four Partners or Perry Homes itself? It will be interesting to see what happens with this one.
The District Clerk’s website shows no other activity on the case since LJA filed this document. Harris County Civil Courts will operate on a restricted schedule until further notice due to the corona virus. Hours of operation are from 7 a.m. to 6 p.m. Monday through Thursday. They are closed Friday through Sunday.
Judge Lauren Reeder months ago set a trial date of 7/13/2020, at 08:30 a.m. However, the corona virus could delay the start of any trial in this case.
New Discovery in MoCo Drainage Criteria Manual
In the meantime, I discovered one other interesting potential violation of the Montgomery County Drainage Criteria Manual. Section 9.1.2 Flood Plain Development Guidelines and Procedures says that when planning a development within the 100-year flood plain, construction within the floodway is limited to structures which will not obstruct the 100-year flood flowunless fully offsetting conveyance capacity is provided.
“Where such a potential exists, offsetting conveyance capacity must be provided to eliminate the increased potential for flood damage.”
The potential violation? The twin culverts shown in the photo above. They were built when only one of five detention ponds was even partially complete. And they’re right at the county line. LJA’s own maps show these culverts to be within feet of the Taylor Gully floodway and floodplain on the Harris County side of the county line.
If LJA intends to argue that May 7th or September 19th were greater-than-100-year rains, it then seems to me that they should have halted construction of the culverts until fully offsetting detention was in place. To this date, only 23% of the intended detention capacity has been constructed.
Posted by Bob Rehak on 3/28/2020
942 Days since Hurricane Harvey and 191 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_0183.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-28 20:14:022020-03-28 21:41:46LJA Denies Responsibility for Elm Grove Flooding; Says They Owed No Duty to Victims
Note: This post has been modified to delete the mention of storm drains. On closer examination of older photos, it appears that the storm drains were installed before January 20th.
As of last Thursday, they were still doing touch-up work on detention pond S1. Specifically, they were removing soil that had eroded into the pond since last May.
Woodridge Village S1 Pond still has no grass on shoulders almost a year after substantial completion.Last week, workers were trying to repair sidewall erosion and remove sand from pilot channel.
Woodridge Village S1 detention pond still has no grass despite substantial completion before the May storms last year. Photo taken 2/13/2020.Woodridge Village S2 pond as of 2/13/2020 still shows little grass.
Perry’s letter to the City promised construction of a berm between S1 and S2. Work on the berm connecting S1 and S2 looked like it had not begun yet as of last week.
Area between S1 and S2 where berm should be. Photo taken 2/13/2020. I can’t see it in this photo, but in fairness, resident Jeff Miller feels Perry is building this area up slightly.
Work on Three Northern Ponds Still Not Started
Perry still has less than 25% of the promised detention capacity constructed. Work on the three northern detention ponds has definitely not begun yet as you can see from the photos below. I took all of them on 2/13/2020.
The N1 detention pond should go in the foreground in the northwest corner of the site.Montgomery County partially excavated this pond decades ago to count as detention for other development. Perry Homes must deepen it to create additional detention for this site.This is the N2 pond in the middle of the western side.The N3 Pond will go above the S2 pond shown in the foreground here.It should stretch almost all the way back to the far tree line.
How Long Will It Take to Build Ponds?
Neither Perry Homes, nor LJA engineering has published bid requirements for the ponds. The only thing we currently have to go on for a construction timetable is J. Carey Gray’s letter to the City.
In it, Perry committed to developing each of those ponds within 250-280 days. Assuming construction remains on schedule and that the deadlines are sequential, not concurrent, Perry should complete the remainder of the ponds in 2.3 years.
If the work on S2 is any indication, consider this. Perry had substantially completed the S2 pond before Imelda. As of today, they have gone 109 days past a 45-day self-imposed deadline. They still don’t have a maintenance road around it. Nor do they have grass established on the sides of it. Both are Montgomery County requirements.
Implications for Future
The end of Perry’s letter says, “…we will continue to consider alternatives that provide more robust mitigation.” Presumably that was a veiled reference to a potential buyout by the City of Houston or Harris County Flood Control. No one is talking about that alternative at the moment…if it exists. A spokesperson for the City this afternoon said only, “We support any alternative that reduces flooding.”
On one hand, it’s exciting that Perry is finally moving forward with work that should have been completed long ago. But on the other…
… the additions to infrastructure signal that hopes for a buyout by the City of Houston and/or Harris County Flood Control – to provide more robust mitigation – have vanished or are fading quickly.
We should not forget that even if Perry succeeds in building additional ponds, they are based on old rainfall statistics. The NOAA Atlas 14 rainfall statistics – on which new flood maps are being redrawn – require about 40% more detention capacity.
Posted by Bob Rehak on 2/18/2020
903 Days after Hurricane Harvey and 151 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/20200213-RJR_8421.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-02-17 20:32:472020-02-18 12:06:25Perry Homes Taking Bids on More Detention Ponds for Woodridge Village
Here’s a construction update for Perry Homes’ Woodridge Village, the stalled development implicated in flooding Elm Grove and North Kingwood Forest twice last year.
On January 25, 2020, I flew over Woodridge Village. Not much had changed since my December flyover. However, Perry Homes, had concreted about 280 feet of Taylor Gully on the east side of the development facing North Kingwood Forest. And they started to build a berm between Woodridge Village and Elm Grove. Finally, they have started prep work for building more streets. See images below.
Overview of Construction Activity
Homes in North Kingwood Forest (bottom right) flooded twice in 2019 when water from the Taylor Gulley channel behind them overflowed.In December and January, Perry Homes, the ultimate developer of clearcut area called Woodridge Village, lined a portion of that channel with concrete.Closer View: Perry Homes also erected a berm along the southern edge of the kite-shaped S2 detention pond. Note the lack of activity above the pond.
Slanting Berm Between Elm Grove and Woodridge
Since the January flyover, Perry Homes has continued to build up a berm south of the S2 detention pond. The height of the berm is about 3-4 feet immediately west of Taylor Gulley (grassy channel in lower right). It tapers down to nothing before you get to Fair Grove Drive, one long block to the west (out of frame to the left in picture above).
Note height of berm at end of Village Springs Drive, adjacent to Taylor Gulley.Erosion from berm is already starting to collapse silt fence in numerous areas.Photo taken 2/8/2020.Looking east from opposite end of pond. At Fair Grove Drive, the berm is below the level of Elm Grove homes behind the tree line on the right.Photo taken 2/8/2020.
Whether Perry intends to build up the western portion of the berm is unclear. If they intend to go west beyond the point above and continue the berm south of the S1 pond, they have not yet done so.
The Strange Case of the Elevated Swale
Perry Homes has now dug a ditch at the peak of the berm to act as a backslope interceptor swale. Such a swale is designed to reduce erosion on the slopes of a detention pond by channeling water through pipes instead (note concrete opening of one such pipe in distance).Photo taken 2/8/2020.
Originally, I thought the berm might be the missing maintenance road that Montgomery County regulations specify around detention ponds. However, yesterday, Perry Homes’ contractor etched a ditch in the middle of the berm. I guess this ditch will act as the backslope interceptor swale, another requirement of detention ponds in Montgomery County.
Such swales channel water into ponds through pipes installed at low points. Their purpose: to prevent runoff from surrounding areas from flowing over the edge of ditches and causing erosion.
Except in this case, water from the surrounding areas would have to flow uphill several feet to get to the swale. So the swale will only channel water that falls directly on it.
No New Detention Ponds
No new detention ponds have been created since last August.
Prep Work for New Streets
However, Perry Homes is starting to add new storm drains to areas where roads have not yet reached on the north side of the S2 detention pond.
Storm drains being added to the north side of the S2 detention pond. Photo taken 2/8/2020.Note rilling (erosion) along side of pond.
Perry Had Promised No New Streets Until All Detention Ponds In
Point #1 in Perry Homes’ letter to the City Attorney about remediation efforts promised that Perry would delay additional street construction until three detention ponds on the northern part of Woodridge Village were complete. But as you can see from the first photo above, no additional detention ponds have even been started on the northern portion of the site.
Possible Impact of Changes on Flooding
The concrete channel will reduce erosion, but will do nothing to reduce flooding. As you can see from the video below, taken by Jeff Miller after a minor rain, Perry Homes needs the three additional detention ponds they promised in 2017, two and a half years ago, to reduce flooding.
The berm may redirect flooding. The berm has the potential to change the location of flooding. As floodwaters build up in the S2 pond shown above, they will eventually rise above the overflow channel between the concrete portion of Taylor Gulley and the pond. When that happens, the water will go around the berm. It could happen on two sides. On the west at Fair Grove (above) and on the east at Taylor Gulley (below).
Video by Jeff Miller after light rain on Jan. 28th shows flow from north side of Woodridge Village into Taylor Gulley. There should be a massive detention pond beyond the black fence.Taylor Gully concrete channel is approximately one-third fullon about a third of an inch of rain before this point in the day.See graph below. Photo taken around 5pm.The closest official gage at West Lake Houston Parkway showed 0.32 inches of rain before Miller took the photo above.
On the east side of the concrete portion of Taylor Gulley, notice how the edge slants down toward North Kingwood Forest (out of frame on the right).
Note levels on either side of the concrete culvert shown in aerial photos above. S2 detention pond is out of frame to left and North Kingwood Forest to right.Photo taken 2/8/2020.
Once floodwater gets into North Kingwood Forest, experience has shown that it will flow through streets into Elm Grove, bypassing Taylor Gulley.
Storm sewers, once connected to the detention ponds, will simply shorten the time of accumulation after heavy rains and fill the ponds even faster. That usually results in higher peaks. Again, without additional detention, there is no flood-reduction benefit for downstream residents.
Posted by Bob Rehak with help from Jeff Miller on 2/9/2020
894 Days after Hurricane Harvey and 143 after 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/20200208-RJR_7558.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-02-09 14:30:152020-02-10 06:47:08Construction Update: Perry Homes Adding Storm Sewers, Berm to Woodridge Village
Three generations of the Giles family live together under the same roof in Elm Grove. Jerry Happ, Catrina Giles father, and Evonne Happ, plus Catrina’s children CJ, Dallas and Maverick. They had never flooded, not even in Harvey, until Perry Homes clear-cut 268 acres a block north of them without installing promised detention ponds. Then on May 7th and September 19th of 2019, they flooded twice. This is the story of how those floods affected a family and tore a neighborhood apart. As I drive up to their home on Shady Garden Drive for the interview, the first thing I noticed is that the foundation of their home is raised well above street level. In fact, it appears to be level with the top of my Chevy Tahoe. This is not an isolated case of a low-lying home.
Water Flows Down Street from Direction of Woodridge Village
Rehak: You said you wanted to make sure that Perry Homes knew about the damage that they inflicted on your community. Tell me what happened on May 7. Let’s start there. Where was the water coming from?
View from Giles front porch during Imelda
CJ (Catrina’s Oldest Son): It started off in the garage and my grandparents’ bedroom, which are on the north side of the house. Then it came in the back door and under the kitchen cabinets. And then it was just everywhere.
Rehak: It came in from the north? (The direction of Perry Homes’ development)
CJ: Yes.
Rehak: How high did it eventually get?
C. Giles: (Pointing to an electrical plug) Just under the outlets.
Gasoline, Paint, Paint Thinner Mixed with Floodwaters
Rehak: Tell me about the damage it caused.
CJ: We had a lot of personal items in boxes in the garage. It completely destroyed everything under two feet. All our tools got really messed up. There were a lot of things floating around in the garage. Paint. Gasoline. Paint thinner was mixed in with the water. So, it was a pretty big mess.
J. Happ: It came in, like CJ said, from the north. We had a bedroom set downstairs here…
E. Happ: My sister gave it to us before she passed away. Now it’s gone.
Current Felt Inside the House
J. Happ: The water was so powerful! The pressure of the water was so intense that it caused boxes underneath the bed to move around.
E. Happ: It broke my grandmother’s dishes that we stored under there!
CJ: We had an entire tote filled with family pictures. The lid popped off from hitting the sides so hard. The pictures are all gone now.
Family Heirlooms Destroyed
Rehak: You talked about your grandmother’s china. How old would that have been?
E. Happ: I’m 62. (pausing to calculate then giving up) It was old. They don’t make that kind of crystal anymore.
J. Happ: It was very old. Maybe late 1800’s.
E. Happ: And my bedroom furniture. I mean, no amount of money could ever replace that.
J. Happ: So, it was very devastating. A lot of personal items were in that room, and in the garage being stored at the time. They’re all gone now.
Rehak: I’m curious. You say the water pressure moved things around. It almost sounds like there was a current.
J. Happ: Oh, absolutely. Yes.
C. Giles: Everything in the lower cabinets was all destroyed.
It wasn’t, you know, water just coming in and oozing up. There was a current. Stuff was moving, even inside the cabinets.
Catrina Giles
Swing Set Picked Up by Flood and Moved
E. Happ: See that swing set back there by the big tree? The current picked it up and moved it against the shed.
Force of flood moved swing set and slide against shed (right)
J. Happ: When that water started coming in, we did the best we could. But we couldn’t move things fast enough. All of the furniture and appliances downstairs got damaged and had to be thrown out.
May flood took entire kitchen including appliances, plus washer/drier in utility room.
Refuse to Evacuate to Save Seven Animals
C. Giles: They asked us if we wanted to evacuate. Thank God we had the upstairs. Because they would only allow us to take one animal. And at the time we had seven.
We all have post traumatic stress now.
Evonne Happ
C. Giles: Yeah, It even affected our animals. They all lost weight. And two of them have died. One died shortly after the first flood from a snake bite. And the other just died from the stress. She had undergone her annual checkup, but her body just gave up at Christmas. We had to put her to sleep.
E. Happ: My dog’s scared to go out when it’s raining, even on the front porch. He used to sit on the front porch all the time with me. He won’t do it now if it’s raining, even if it’s just drizzling. He hides under the table. He’s scared of the rain because he KNOWS we’ll flood again. We. Could. Not. Control. Anything. And we got double the water the second time.
Second Flood Twice as Worse as First
J. Happ: Twenty-seven inches in the garage.
Rehak: You got about a foot of water in the May flood and double that in the second?
CJ: Twenty-two inches IN the house.
Rehak: Tell me about life BETWEEN the two floods.
C. Giles: It was very stressful because my husband was working in Pittsburgh for the first flood and Finland for the second. We are just trying to manage. Although we did have insurance for the house, we didn’t have it for the contents.
CJ: And we’re one of the few here with flood insurance to begin with.
“Just Not Comfortable Living Here Anymore”
C. Giles: Eventually we are going to hopefully try to sell. We’re just not comfortable living here anymore.
Rehak: And you had to pull out tile, cabinets?
J. Happ: Yes. We had to get two new sets of the cabinets, appliances, furniture, everythng. We were still paying on the first ones that were in the trash. When “Oh my God.” Yeah. “The second ones are apparently flooding.”
Effects on Family
Rehak: How did the rebuild affect you as a family?
J. Happ: We all lived upstairs in cramped quarters for the better part of a year. All our appliances were gone. We had no way to cook. So, we either had to eat out or bring it in.
We struggled as a family. It was a real hardship.
Jerry Happ, Catrina Giles father
All day long you have to listen to them hammer and saw. We had to go through all kinds of inspections for mildew. And before we could even get that, we had to get the driers, dehumidifiers and fans in here. We had that loud noise for, well, a month, before we could finally shut them down. There were a lot of different things going on at the time that caused a lot of real hardship.
C. Giles: That said, we basically have a brand-new home. We even have a new roof.
Rehak: How did the roof get involved?
C. Giles: In May, we had hail damage.
Rehak: Was Imelda just a repeat in September? Were you all still living upstairs and going through all the noise, construction and havoc?
Group: Yeah. Uh-huh.
Finished First Rebuild Two Weeks Before Second Flood
C. Giles: We had just finished our rebuild two weeks before Imelda.
Floodwater in Giles living room during Imelda. When family saw water coming up during second flood, they immediately started moving furniture upstairs.
Rehak: And you’re done now with the second rebuild?
C. Giles: We have the windows and doors that need to be replaced. The front door and the sliding glass doors must be taken out. And these windows, because the muddy water came through them.
When water receded, a thick layer of mud covered everything. So much sediment could only have come from one place: Woodridge Village.
Rehak: You’re considering selling the house?
Impact of Floods on Neighborhood
C. Giles: We know it’s NOT going to be a fast turnaround. Realtors said that we have to have several big storms and NOT flood for people to have confidence that this is going to be a safe neighborhood again. Meanwhile, the majority of our neighbors have already left.
Rehak: How many people on the block?
C. Giles: On our corner, we’ve lost all four families. It’s like a ghost town here. In the cul de sac, they’re all gone, too.
Picture of neighbors house. Water still had not receded well after dark
E. Happ: At least 20 families here are gone. I sit on the porch all day because I smoke, so I see things and keep count.
Rehak: How far down the block did homes flood?
C. Giles: On our street, only two or three houses didn’t get affected by the first flood, but everybody got affected in the second. It was more…devastating.
Home Values Under Water
J. Happ: The house across the street, around the corner, they finished remodeling the whole inside just before the May flood. And they were getting ready to sell it. The day before the flood, their realtor was going to put up a sign, but he decided to hold off. Then we had the flood. Well, they had the house up for $220,000. They only sold it for $115,000. They lost $100,000.
E. Happ: People in here had to just walk away from their homes.
Rehak: Really?
Group: Yeah. Yes.
E. Happ: Houses are still sitting there.
CJ: There’s a house…they never gutted it from the first flood. They just up and left.
Rehak: How is that affecting you? Are there squatters or animals moving in?
Crime Up
C. Giles: Well, crime has picked up. We have all kinds of homes being broken into now. I mean, people are still living in campers and stuff and their houses are getting broken into. It’s just sad.
E. Happ: Contractors have left their vehicles in the neighborhood overnight. They’ve got broken into and all their equipment stolen. Luckily, that has not happened to our contractors.
C. Giles: The thieves don’t realize or care that people still live here. They think we’re all gone.
Rehak: Where do you go from here?
Post Traumatic Stress and Spinning in Circles
C. Giles: We are just taking it one day at a time and finally finding some normalcy. But then, the other night when it rained, I just sat there, you know, praying, “Please watch over my house.” Even my little autistic one, Maverick, who drew the picture of the house crying, could not go to sleep till like midnight.
Picture of house crying, by seven-year-old autistic Maverick Giles. The black part is tears, says Maverick. He says it represents him missing his home.
CJ: None of us sleep.
E. Happ: Maverick was so nervous. All he could do when he came in the house was spin in circles.
That’s how Maverick dealt with the house being all topsy-turvy. He’d just spin in circles.
Evonne Happ
C. Giles: It would be hard to move now. People are losing money on their houses and we’re just not in a place where we can afford that. So, we’re just trying to hang in there.
From Left to Right: Jerry Happ, Evonne Happ, CJ and Catrina Giles in front of their home on Shady Gardens in Elm Grove, now almost restored a second time.
E. Happ: We’ve been living here for the past five years. We’re gonna be leaving in the summertime, probably by August. I’ll go back to South Carolina. I can deal with those damn hurricanes; you can get out of their way. This! It just happened so fast. Each time.
Long-Distance Help
Rehak (to Catrina): What does your husband do?
C. Giles: He’s a quality manager working on a large project in Finland now.
Rehak: So, you’re restoring all this by yourself without your husband’s help?
C. Giles: He helped coordinate the insurance, inspections and contractors, but for the rip-out and rebuilding of our home…he hasn’t been able to be a part of that because of his work.
Two Wrongs Don’t Make a Right
Rehak: What do you feel about Perry Homes at this point?
C. Giles: Well…there’s anger. They just really need to be held accountable for what happened.
J. Happ: These houses were built more than 35 years ago. They’ve gone through hurricanes. You know, large rainstorms, whatever. NEVER been flooded. All of this happened since they started building that development.
C. Giles: Right. Our street flooded during Harvey. But the water never came up in the yard even. Perry just needs to know that they not only affected adults. They affected animals. They affected children.
Some children have a Ziploc bag of their clothes right beside their bed. That’s so if they flood again, they have a change of clothes.
Catrina Giles
Rehak: If you had Kathy Perry Britton sitting right here across the table from you, what would you say to her?
C. Giles: Well. (long pause) I’d be nice. Two wrongs don’t make a right. So, we would pray for her and hope that she made the right decision and fixed that (pointing to development). Because too many people have been affected by this. Our community has been tarnished.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/Catrina-Giles6.jpeg?fit=960%2C720&ssl=1720960adminadmin2020-02-08 12:50:452020-02-08 12:56:56Giles Family Struggles to Overcome Two Floods; Prays for Perry Homes to Do Right Thing
Since flooding in Elm Grove and North Kingwood Forest last year, the TCEQ has completed half a dozen investigations of Woodridge Village with more in the works. Woodridge Village is the troubled Perry Homes development where contractors clearcut 268 acres while installing less than 25% of the required detention capacity.
The TCEQ has repeatedly charged Perry contractors and subsidiaries with stormwater pollution violations and unauthorized discharge of sediment. Below are results of six investigations that led to a total of 13 citations. Together the 449 pages of these investigations indicate a lax attitude toward regulations, repeated failures to comply, poor coordination among vendors, and lack of awareness of responsibilities.
Investigation 1571093 of Figure Four Partners in June 2019
On June 17 and 18, 2019, TCEQ investigators cited Figure Four Partners, LTD for “failure to prevent the unauthorized discharge of sediment-laden water from the construction site which could contribute to pollution in waters of the state of Texas.” (See Investigation 1571093 and attachments.)
Investigators found Figure Four failed to implement and maintain best management practices. They tracked the illegal discharge 2.5 miles down Taylor Gully. Where the stream entered woods, lack of access prevented tracking the discharge further.
TCEQ ordered the operator to install adequate sediment controls to minimize discharges from the site.
Investigation 1579654 of Rebel Contractors in June 2019
This was an investigation of Rebel Contractors, which had responsibility for the southern 80 acres of the site.
The TCEQ report starts by noting that two previous complaints about Rebel Contractors had been referred to Montgomery County for investigation.
In this investigation, TCEQ collected water samples upstream and adjacent to the development that were not impacted. They also collected samples above the outfall from the development and downstream of it that were.
They found that total suspended solids (TSS) in the non-impacted samples ranged from 29 to 45 milligrams/liter. The impacted samples, however, ranged from 245 to 620 milligrams per liter.
Investigators also looked at total dissolved solids (TDS). Non-impacted samples ranged from 128 to 158 milligrams per liter. Impacted samples ranged from 2053 to 2804 milligrams per liter.
Water from and below the site had significantly higher TSS and TDS.
Investigators allege Rebel failed to implement and maintain effective Best Management Practices. They cited Rebel for “failure to prevent the unauthorized discharge of sediment-laden water from the construction site which could contribute to pollution in waters of the state of Texas.” They also cited Rebel for failure to prepare a Stormwater Pollution Prevention Plan. It took Rebel six weeks to prepare and submit the plan to the TCEQ.
Investigation 1604733 of Figure Four Partners in October 2019
On October 25, 2019, investigators returned to the site and found Figure Four had violations similar to June. They ordered Figure Four, once again, to install adequate sediment controls that minimized discharges from the site. (See Investigation 1604733 and attachments.) They ordered Figure Four to install adequate controls that reduced discharges.
Investigation 1579655 of Double Oak Construction in June 2019
Double Oak Construction is responsible for clearing and grubbing on the Woodridge site. In June, TCEQ conducted an investigation during which they collected the previously mentioned water samples. They cited Double Oak for failure to prevent unauthorized discharges of sediment-laden water and failure to prepare a Stormwater Pollution Prevention Plan.
They also found that Double Oak could not identify where discharges went. They thought it was Galveston Bay.
By the end of August last year, Double Oak still had not submitted a Stormwater Pollution Prevention Plan.
Investigation 1604738 of Rebel Contractors in October 2019
Second verse same as the first. Investigators found elevated levels of suspended and dissolves solids from the site relative to non-impacted areas. TCEQ alleges Rebel failed to implement and maintain Best Management Practices. They also allege discharge of pollutants, i.e., sediment-laden stormwater and failure to post a construction permit.
TCEQ ordered Rebel to control discharges and post a permit. It took Rebel 7 weeks to post the permit.
Investigation 1604741 of D&J Construction in October 2019
TCEQ cited D&J for failure to prepare a Stormwater Pollution Prevention Plan and failure to include required information on their construction site notice.
886 Days since Hurricane Harvey and 135 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/Woodridge-Erosion-by-TCEQ.jpg?fit=1200%2C910&ssl=19101200adminadmin2020-02-01 08:52:322020-02-01 08:57:21Six TCEQ Investigations Lead to 13 Citations for Woodridge Village Developer and Contractors
In response to complaints filed on October 23, 2019, the Texas Commission on Environmental Quality (TCEQ) Houston Region Office issued a Notice of Violation to the developers of Woodridge Village. Figure Four Partners, LTD, a Perry Homes subsidiary, owns Woodridge Village, which contributed to the flooding of Elm Grove Village and North Kingwood Forest in May and September of 2019.
History of Uncorrected Violations by Perry Homes
The TCEQ originally investigated Woodridge Village in response to complaints filed after the May 7, 2019, flood. At that time, the Commission found that Perry Homes, et. al., had failed to implement and maintain effective Best Management Practices. They found that sediment-laden discharges had affected at least 2.5 miles of Taylor Gully. TCEQ sent that violation to its enforcement division.
Page 5 of the report states that pollution prevention measures implemented after the first investigation “did not appear sufficient to prevent sediment-laden discharge…”
The investigator observed tainted discharge 2.5 miles down Taylor Gully to the point where it disappears into woods and then joins White Oak Creek, Caney Creek, the East Fork, and Lake Houston. Said another way, the discharge appears to be polluting waters of the State of Texas and the drinking water for 2 million people.
Sediment laden water from Taylor Gulley where it joined the East Fork of the San Jacinto on January 11, 2020.
TCEQ is requiring Perry Homes, its subsidiaries and contractors to install sediment controls on all areas under their operational control at Woodridge. “There must be adequate structural controls to minimize sediment discharges from the site,” says the TCEQ in “Recommended Corrective Action” on page 7 of the 77 page report.
Perry Contractors Also Investigated
The release of findings today indicates that four Perry contractors at this site were also investigated by the TCEQ: D&J Construction Inc., Rebel Contractors Inc, Texassite LLC, and Double Oak Construction Inc.
No New Structural Controls Appear To Be In Place Yet
No additional structural controls appear to have been installed since the last investigation on October 25th. Sediment-laden runoff from the area of wetlands on the northern section of property continues unabated, although grass planted in other areas may be helping slightly.
Looking SE toward Taylor Gully, Elm Grove and North Kingwood Forest from the northwest corner of Woodridge Village. Everything slopes toward the detention pond in the upper left, but no structural controls to reduce runoff are in place.Photo taken 1/20/2020.
Unfortunately, grass planted last summer has been destroyed by new construction activity around the southern detention ponds – the area of highest concern, where water from the site enters Taylor Gully through the double culvert seen in the picture below.
Contractors have destroyed the grass and backslope interceptor swales previously constructed around the S2 detention pond. Erosion continues to etch the walls of the S2 detention pond which should be covered with grass by now.It was substantially complete in August of last year.Construction of the S2 pond continues months after Perry Homes promised the City of Houston construction would be complete. The pond should have been complete by the start of December.
What Next for Troubled Perry Homes and Woodridge Village?
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/2020/01/20200120-RJR_7283.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-01-30 19:36:142020-01-30 19:36:30TCEQ Issues Notice of Violation to Perry Homes’ Woodridge Village Development
.28 inches of rain in the last week swamped Woodridge Village. Woodridge contributed to the flooding of Elm Grove and North Kingwood Forest twice last year after contractors clearcut 268 acres.
Gage at West Lake Houston Parkway
Standing Water Over Half of Development
Looking southwest across Woodridge Village. Virtually half of subdivision is holding ponding water.This and all photos below taken on 1/20/2020.A closer shot.Looking southwest across Woodridge Village at land once classified as wetlands by USGS
Extremely Low Infiltration Rate
Now we know why the runoff rate was so high after Perry Homes clearcut the land. The soils may be sandy clays with very low infiltration rates. Alternatively, there may be clay close to the surface that prevents water from infiltrating.
If approximately 1/4 inch of rain in seven days does this, you can imagine how much would run off when you get 6 to 12 inches in a day.
Those wetland areas largely coincided with the areas now holding the ponding water.
USGS Wetlands Map. Background shows Woodridge Village BEFORE clearcutting.
So many questions and so little time.
Movement in Court Case and on Ground
The Harris County District Clerk’s office shows absolutely no movement in the court case between Perry subsidiaries, their contractors and flood victims. The last motion on file: December 27.
January 20, 2020. Contractors continue to elevate the southern and eastern edges of Woodridge Village’s S2 detention pond. The same berm from ground level. Elevated several feet above Elm Grove. Backslope interceptor swale mysteriously eliminated.Ground now sloped to funnel runoff from slope directly into Elm Grove (left). Photo courtesy of Jeff Miller.Where this pipe sticks up, there used to be a swale designed to keep water from flowing into Elm Grove and funnel it into the pond. See swale in background next to fence that contractors have not yet filled in. Photo courtesy of Jeff Miller.
This whole sad, sorry development reminds me of one of those Hollywood horror flicks in which the teenagers do everything wrong, oblivious to the danger that lurks beneath them. I expect to see Dracula’s hand poking up out of the clay any second.
Posted by Bob Rehak on 1/20/2020 with photos from Jeff Miller
874 Days since Hurricane Harvey and 123 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/20200120-RJR_7194.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-01-20 22:25:422020-01-21 09:09:23Woodridge Village Swamped by 1/4 Inch of Rain in 7 Days
Woodridge Still Far Short of Promised Detention Capacity
After about 15 months of working on the Woodridge Village site, Perry Homes still has only 23% of the detention capacity installed. And even that does not yet meet Montgomery County regulations (see below). None of the work this week focused on new detention ponds that would reduce flood risk for Elm Grove residents.
Perry Homes had promised to build three ponds on the northern section. But they have not started any of those yet.
And Far Behind Schedule
On October 17th last year, an attorney for Perry Homes, J. Carey Gray, promised the Houston City attorney that Perry would have S2 completed in no more than 45 days. It has now been 86 days since Mr. Gray sent his letter and the work is still far from complete. I’m sure this creates an embarrassment to the Mayor of Houston, especially considering that Perry Homes gave $5000 to his re-election campaign. It creates the appearance of trying to buy favors.
Put 30-foot wide maintenance roads around the ponds.
Place backslope interceptor swales around the ponds.
Have effective erosion control measures in place.
Implement protective measures for their overflow spillway.
Prevent increases in downstream flood levels.
Prepare a geotechnical report (that they shared with Montgomery County) showing groundwater levels at detention pond sites.
Ensure complete drainage of the detention pond.
Detention Pond Falls Short of Promised Capacity
Calculations for the capacity of the detention ponds begin from the bottom of the pond – when empty. When partially filled with water, the calculation begins from the top of the water. The bottom 2-3 feet of S2 has retained water for months, indicating that part of the pond is below the water table. So you can subtract about 20% of capacity that LJA Engineering promised and that Rebel Contractors initially built.
The flurry of work this week centered around creating the maintenance road that regulations demand. Or perhaps Perry is just building up the lip of S2 to compensate for the water it holds. Both are potentially good things.
However, workers also started filling the backslope interceptor swales they previously built. This created a sharp slope next to neighboring residents’ property and increased runoff toward the residents during last night’s rain.
Contractors placing dirt along the southern edge of the S1 pond to build a roadearlier in the week.
Elm Grove Trail on left. Woodridge Village on right of silt fence. Note how land is being sloped toward Elm Grove.
An interceptorswale collects water above slopes and diverts it to the bottom of a detention pond through pipes so runoff does not create erosion on the slopes that lead to the pond.
Perry Homes has given no reason why they started filling in the swale they previously built that complied with MoCo regulations.
Looking west from Village Springs Drive. In the foreground, you can see how workers built a road and filled in the interceptor swale between it and Elm Grove on the left.Still looking west. From this drain pipe, you can better see the grassy swale previously created to drain water into the detention pond (right) and to keep it out of Elm Grove (left).Reverse shot, looking east. Here you can see how workers filled in the swale and created a road three to four feet high. Residents worry about the effect.Looking east near the entrance to Taylor Gully from the road, the change in drainage toward Elm Grove (right) becomes very apparent. Picture taken Friday afternoon before rain. Road was uncompacted except for the weight of the small bulldozer spreading dirt (see first picture above).
Same Changes Between S1 and Sherwood Trails
The same changes appear along the southern edge of S1, north of Sherwood Trails, though the road does not appear as high and there also appears to be a shallow swale.
Looking west along the southern edge of Woodridge Village S1 detention pond, toward Woodland Hills from Fair Grove.
No Effective Erosion Control Yet
Perry Homes has also failed to put effective erosion control measures in place in Woodridge Village. For instance, most pond banks do not yet have grass planted on them.
The new road covered up what little grass had grown around the ponds. And raw dirt now fills the former interceptor swale.
A one-inch rain last night swept sediment into the pond, which emptied into Taylor Gully and Caney Creek before joining the East Fork of the San Jacinto.
Massive Pollution
Boater Josh Alberson took the dramatic picture below this afternoon where Caney Creek joins the East Fork. The East Fork water looks natural, but the water coming from Caney Creek via Taylor Gully is clouded with sediment. Woodridge Village is the only large source of exposed earth up Taylor Gully at this time. (Alberson verified that this sediment-laden runoff was NOT coming from the Triple PG mine up White Oak Creek.)
Water from Taylor Gully (right) merging with East Fork water (left) on Saturday afternoon, 1/11/2020, after a 1-inch rain last night.
Posted by Bob Rehak with images from Josh Alberson, Edythe Cogdill and Nancy Vera
865 Days since Hurricane Harvey and 114 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/RoadNoSwale.jpg?fit=1200%2C900&ssl=19001200adminadmin2020-01-11 22:51:072020-01-11 22:55:48Perry Homes’ Contractors Return to Woodridge Village, But Undo Some Previous Work, Add to Sediment-Laden Runoff
After stonewalling discovery in the Elm Grove lawsuits, on December 27th, defendant Double Oak Construction objected to use of the documents in court that the judge forced it to produce. I don’t know what’s in those documents, but I plan to camp out at the courthouse when this case goes to trial. The documents must be juicier than Juicyfruit gum.
Double Oak appears to be a Perry Homes’ contractor working primarily on the northern portion of the Woodridge Village site, where downed trees are now being turned into mulch.
Summary of Objections
After producing documents, Double Oak now objects to their use in court.
The plaintiffs filed notice that they intended to use, in court, all documents and items produced by Double Oak during discovery.
Double Oak claims that this notice is insufficient and contradicts the Texas Rules of Civil Procedure.
The Plaintiff’s Notice leaves them, they say, without knowledge of the specific documents plaintiffs intend to use. That, claims Double Oak, handicaps the company in its ability to defend itself. It must prepare to object to every single document, they say.
But the objections don’t stop there. Double Oak reserves its right to make further objections when the company becomes aware of specific documents being used by the plaintiffs.
And if that isn’t enough, Double Oak reserves the right to object to all documents on all grounds, including documents produced by third parties.
Playing the delay game is a high risk strategy for companies already facing obscenely high risk due to previous delays.
Posted by Bob Rehak on 1/5/2020
859 Days after Hurricane Harvey and 108 after 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/20191030-RJR_3830.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-01-05 21:29:572020-01-05 21:32:38Double Oak Construction Causes Yet Another Delay in Elm Grove Lawsuits
