Tag Archive for: Woodridge Village

Outcome of Commissioners Court Meeting Hopeful for Elm Grove

A marathon 10-hour meeting of Harris County Commissioners Court ended on a hopeful note for Elm Grove Village. But it was an emotional roller-coaster ride. Commissioners discussed whether to purchase Woodridge Village from Perry Homes and use it to build a giant detention facility to protect Elm Grove from future flooding.

The northern part of the 268-acre flood-prone Woodridge Village

Recap of Meeting

Before adjourning to executive session, commissioners discussed their concerns about a potential deal in open session. If you watched it live, you probably worried at that point. Commissioners Ellis and Garcia seemed to look for ways to kill any deal.

For instance, Ellis asked pointed questions about line items in the Flood Bond. He wanted to know what line item the money would come from for Elm Grove. Russ Poppe, Executive Director of the Flood Control District, explained that they set aside money for “San Jacinto Watershed drainage improvements in general.”

Ellis said, “But it wasn’t set aside for this?” Poppe replied that Elm Grove flooding happened after the Bond election, but that it fit the criteria for drainage improvements in the SJR watershed. And Ellis again said, “So it wasn’t set aside for this.”

Video of the meeting has not yet been posted.

Ellis, Garcia, Hidalgo Always Vote as Block

I’ve been told by reliable sources that since the last election, Hidalgo, Garcia and Ellis have ALWAYS voted as a block on every issue. So when they went into executive session, I bit my fingernails.

But when the commissioners and county judge came back from executive session, the feeling was more hopeful. We don’t have an agreement to approve a deal. But we have an agreement to keep negotiating.

What Harris County Still Wants

Here’s what commissioners want:

  1. HCFCD will formally request an extension from Perry Homes on its March 31 deadline. This should not be a problem. People aren’t exactly lining up to buy the jinxed Perry Homes property.
  2. HCFCD will also pursue an inter-local agreement with Montgomery County (MoCo) requesting that MoCo follow Atlas 14 guidelines – especially within the City of Houston’s (CoH) extra territorial jurisdiction. MoCo already has adopted the new higher standard since approving Perry Homes’ permits. However, their Atlas-14 standards differ slightly from Harris County’s because MoCo is further north and receives less rainfall. This should not be a deal killer either.
  3. HCFCD will also request an inter-local agreement with CoH. At a town hall meeting in March, the City made it abundantly clear that it would not contribute cash to a buyout. So in lieu of cash, Harris County will request that the City provide assets that could help Engineering or Flood Control complete County projects more cost effectively.

After that the meeting adjourned.

Thank You

Thanks to Precinct 4 Commissioner Jack Cagle who put this item on today’s agenda and has kept pushing it. Thanks also to everyone who wrote or called the commissioners requesting their support. Your efforts made a difference. Keep praying.

Posted by Bob Rehak on 4/7/2020

752 Days since Hurricane Harvey and 201 since Imelda

Last Chance to Ask County Leaders to Help Prevent Elm Grove Flooding

In tomorrow’s Harris County Commissioners’ Court meeting, county leaders will discuss, in executive session, the possibility of purchasing Woodridge Village land from Perry Homes. The idea: to build a large detention basin with sufficient capacity to keep Elm Grove from flooding again.

If you have not yet called or written commissioners and the county judge, please do so. The outcome of this meeting will likely impact home values in the affected and surrounding areas for years to come. Here are points you could mention:

Key Points to Emphasize

  • Elm Grove never flooded before Perry Homes clearcut the area immediately upstream called Woodridge Village.
  • Then Elm Grove flooded twice in five months, on May 7th and September 19th, 2019. Approximately two hundred homes flooded in May. Two or three times that number flooded in September.
  • The flooding was not due to normal street flooding or overflow from Taylor Gully. Overland sheet flow from Woodridge Village caused it.
  • Clearcutting increased the amount and rate of runoff in both storms so that it accumulated at the county line culvert quickly and overflowed into Elm Grove streets.
  • Perry funneled the water toward the areas that flooded.
  • Perry bought the land in January of 2018. After two years and three months, they still have only constructed 23% of the promised detention pond capacity.
  • Even that capacity is undersized by approximately 40% because Perry contractors used pre-Atlas 14 rainfall statistics in their computer modeling.
  • The water table is much higher than Perry anticipated. Their 15-foot deep detention basin is constantly about one-third filled with water, reducing detention capacity even more.
  • About a quarter to a third of the site was previously wetlands. Standing water there has not evaporated for months.
  • This land will probably never be safe for homebuilding.
  • If Harris County doesn’t buy it and convert it into a detention basin, Elm Grove is likely to flood again.
  • The recurrent flooding and uncertainty have caused many families to flee the affected area already. Homes are selling for 50 cents on the dollar. Many homes remain vacant and rotting. Many who are left can’t afford to move.
  • It’s becoming a public-health and mental-health issue at this point. People are reluctant to repair their homes until they are certain of mitigation that has a chance to succeed.

Hints

  • Be positive. Harris County didn’t cause this problem.
  • Don’t flame. Honey attracts more bees than vinegar.
  • Don’t demand. They have many problems to solve.
  • Specify that this relates to Item IV on the agenda for 4/07/20. It relates to a request by Commissioner Cagle to discuss the purchase of real property in the Elm Grove area needed for flood control purposes.

Of the four other votes on the Court, Cagle needs commitments from two to make this happen. Steve Radack, Precinct 3 Commissioner; Lina Hidalgo, County Judge; and Adrian Garcia, Precinct 2 Commissioner are the most likely supporters.

Who/How to Contact

Harris County Judge Lina Hidalgo 
  • Phone: 713-274-7000 or (713) 755-8379  
  • Email: judge.hidalgo@cjo.hctx.net 
Commissioner Adrian Garcia, Precinct 2 
  • Phone: 713-755-6220 or 713-274-2222
  • Email via web form.
Commissioner Steve Radack, Precinct 3
  • Phone: (713) 755-6306
  • Email: pct3@pct3.com

Please call or write NOW. The meeting is tomorrow morning at 10 a.m.!

Due to Covid-19 restrictions, you can sign up to speak without actually going downtown.

To see the meeting online, go to https://www.harriscountytx.gov/Government/Court-Agenda/Court-Videos.

Posted by Bob Rehak on 4/6/2020

951 Days after Hurricane Harvey and 200 since Imelda

What You Can Do Right Now to Encourage HCFCD to Buy Woodridge Village Property

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.

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:

Harris County Judge Lina Hidalgo 
  • Phone: 713-274-7000 or (713) 755-8379  
  • Email: judge.hidalgo@cjo.hctx.net
Commissioner Adrian Garcia, Precinct 2
  • Phone: 713-755-6220 or 713-274-2222
  • Email via web form.
Commissioner Steve Radack, Precinct 3

Phone: (713) 755-6306

Email: pct3@pct3.com

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 Harvey and 195 since Imelda

LJA Denies Responsibility for Elm Grove Flooding; Says They Owed No Duty to Victims

On February 27, 2020, lawyers for flooded Elm Grove residents listed LJA Engineering as an additional defendant in the Perry Homes’ Woodridge Village flooding case. Defendants’ amended petition included 14 documents, with specific allegations. On March 16, 2020, LJA filed a general denial and requested a jury trial.

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:

  1. Plaintiffs’ damages were solely caused by the negligence of third parties over whom LJA has no control.
  2. Plaintiffs did not hire LJA and therefore LJA owed no duty to the plaintiffs.
  3. Intervening and superseding conduct on the part of third parties or other parties, persons or entities, acts as a total bar to plaintiffs’ claims.
  4. 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

  1. 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.
  2. No duty! This seems to run contrary to professional engineers’ code of ethics and state law. See section §137.55 ENGINEERS SHALL PROTECT THE PUBLIC.
  3. 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.
  4. It will also be interesting to see how they justify the Act-of-God claim. Figure Four Partners claimed the same defense initially. However, the nearest official rain gages say the rainfall should have been within the design parameters of the site, especially for the May flood.

Trial Still Set for July, But…

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 flow unless 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.

Perry Homes Taking Bids on More Detention Ponds for Woodridge Village

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.

Perry Taking Bids on New Detention Ponds

Perry Homes is taking bids on additional detention ponds, as you can see from this document by LJA Engineering, their engineering firm for this property.

In a letter Perry’s lawyer sent to the City Attorney on October 17, 2019, Perry Homes promised the City they would accelerate construction of those. They were originally scheduled for Phase 1.

Status of Detention Pond Construction

The letter by Perry’s lawyer laid out a timetable. Perry Homes was supposed to have finished the S2 detention pond in 30-45 days.

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.

Grass still has not grown on the sides of either the S1 or S2 ponds.

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.

Construction Update: Perry Homes Adding Storm Sewers, Berm to 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 full on 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.

Giles Family Struggles to Overcome Two Floods; Prays for Perry Homes to Do Right Thing

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. 

Six TCEQ Investigations Lead to 13 Citations for Woodridge Village Developer and Contractors

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.

(See Investigation 1579654 and attachments.)

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.

(See Investigation 1579655 and attachments.)

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.

(See Investigation 1604738 and attachments.)

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.

(See Investigation 1604741 and attachments.)

Posted by Bob Rehak on 2/1/2020

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.

TCEQ Issues Notice of Violation to Perry Homes’ Woodridge Village Development

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.

Findings of a second investigation released today indicate that the violations continued after the first investigation.

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.

Investigations, such as the TCEQ’s, represent a snapshot in time. The investigator in this case visited the site on October 25, 2019. Unfortunately, observations by local residents indicate that the sediment-laden discharge continues.

TCEQ Requiring Structural Controls for Sediment

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?

A story in the Houston Chronicle earlier this week reported that Perry Homes was seeking a bailout for this “floodplain property” from Harris County, Montgomery County and the City of Houston. Harris County commissioners reportedly considered the proposition in executive session on Tuesday this week. However, no decision or action has yet been announced. It should also be noted that Perry Homes’ engineering company, LJA, denies a floodplain even exists on this property.

Posted by Bob Rehak on 1/30/2020

884 Days After Hurricane Harvey 133 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.

Woodridge Village Swamped by 1/4 Inch of Rain in 7 Days

.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.

LJA designed this development to hold 12 inches of rain that falls in 24 hours. But contractors still have only installed 23% of the detention. And the runoff rate may have been based on non-representative samples.

Mysteries Abound

Also Perry Homes’ clearcut the entire northern section when LJA promised that contractors would only cut 30 acres in Phase One. That could be a Career Limiting Move (CLM) for Perry Homes CEO Kathy Perry Britton.

Mysteriously, the core sampling done as part of the geotechnical report managed to miss all areas classified as wetlands in the USGS National Wetlands Inventory.

Mysteriously, Perry Homes hired a private consultant to review the wetlands rather than seeking a jurisdictional delineation from the US Army Corps of Engineers. Perry claims the consultant found no wetland issues though Perry has not released the consultant’s report.

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.

Meanwhile, Perry is still working on the S2 detention pond that they virtually completed last August. On October 17, lawyer extraordinaire and local savant J. Carey Gray promised they would finish that pond in 45 days. So far, it’s been 95. And they continue to UNDO work previously completed.

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.