Update on Puzzling Project to Bulldoze Wild Buffalo Bayou
Damaging, Expensive, Contradictory Plan Still Threatens
Conflicts Still Apparent, Purpose Still Unclear
No Permit Yet
October 8, 2015
The Harris County Flood Control District has responded to largely critical public comments to the Army Corps of Engineers about Flood Control’s misguided project to destroy one of the last natural stretches of Buffalo Bayou in Houston, a most remarkable asset to have in the middle of a city. The Corps is reviewing the Flood Control District’s responses, says Jayson Hudson, who has been the Corps’ Galveston District project manager for the permit application.
Flood Control must apply for a permit from the Corps of Engineers because the Clean Water Act requires the Corps to ensure that projects on federal waters do not damage the health of our waters. Federal waters are defined as navigable streams (Buffalo Bayou) up to the Ordinary High Water Mark, their tributaries and adjacent wetlands, all of which form the great living veins and arteries of our limited water supply. Some studies argue that all riparian areas , the highly biologically diverse natural gardens and forests along stream banks so vital for clean water, should be considered protected wetlands .
What Flood Control Is Not Telling Us
“Maintenance” Road Planned Along Bulldozed Bank
June 4, 2015
Updated June 8, 2015. See below.
Updated June 7, 2015. See below.
The Harris County Flood Control District is planning to create a 12-foot wide pathway for maintenance vehicles along the graded bank of Buffalo Bayou in Memorial Park.
The maintenance road parallel to the bayou is not included in the plans to “restore” the wild banks of the bayou submitted to the Army Corps of Engineers by the flood control district.
The district revealed the plan for what it is calling a “Monitoring Access Zone” at an invitation-only meeting Tuesday, June 2, 2015. The meeting was one of a series to develop a planting plan for the $6 million “erosion control,” “bank restoration,” “water quality improvement,” “flood conveyance” project known as the Memorial Park Demonstration Project. Apparently the planting plan is not progressing well, as at the meeting the district proposed planting tall fescue, an invasive exotic almost impossible to control. Tall fescue has been the scourge of Texas prairies for several decades at least.
“Tall fescue forms a near-monoculture and is responsible for the loss of otherwise undisturbed prairie remnants throughout Texas and the Midwest,” reports one of our landscape ecologists.
Well, so much for the district’s native plant expertise and commitment to a native-only riparian forest.
No trees, no “better than ever” riparian forest
Little is known about the previously undisclosed but long-suspected “Monitoring Access Zone.” According to a source who was at the meeting, the 12-foot wide pathway will be planted with some sort of seed mix for several years until the district is certain the “restored” banks will hold. They won’t hold, of course, so this grassy, flat “access zone” is likely to be permanent.
Which means no trees, no “better than ever” riparian forest and wildlife habitat, banks bulldozed and leveled even through the so-called “no-work zones.”
What is Federal Jurisdiction
The district explained at the meeting that it was not required to reveal the “monitoring” road to the Army Corps of Engineers because it does not impact federal waters, presumably because the road will be above the Ordinary High Mark, which is the lateral limit of federal jurisdiction.
But it will not be above the OHWM, which in a significant section of the park extends deep into the forest as part of the flood plain, a natural detention area, including swales and wetlands, all of which are under federal jurisdiction. The road and the “bankfull bench” upon which it will sit will also fill and block at least two tributaries, which also are under federal jurisdiction, although on its plans the district labels both tributaries “gullies,” thereby attempting to remove the tributaries from federal jurisdiction. (See sheets 16 and 18.) Gullies are classified as an “erosional feature” by federal law. An actual gully leading from the South Picnic Loop parking lot is oddly labeled a “tributary.” (See sheet 16.)
So far we don’t know the length of “Monitoring Access Zone,” whether it extends along the entire north bank of the project area, including private property, or whether a “Monitoring Access Zone” will also be built on the south bank of the project, land which belongs to the River Oaks Country Club.
Guess we’ll have to ask the flood control district. And object to the Corps.
What else is the flood control district not telling us?
Update June 7, 2015
There is no “road” planned for maintenance vehicles on the wild banks of Buffalo Bayou targeted for “restoration” by the Harris County Flood Control District.
Jason Krahn, manager for the district’s controversial $6 million project to “improve” one of the last natural stretches of Buffalo Bayou, wrote in an email to Save Buffalo Bayou on June 5 that “there is no road proposed for the post construction monitoring activities associated with MPDP [Memorial Park Demonstration Project].”
Participants in the district’s Vegetation Advisory Workgroup for the dredging and channelizing project had been told that for several years after “restoration” there would be a grassy 12-foot wide “Monitoring Access Zone” for maintenance vehicles to access the bulldozed and reconstructed banks of what is now a perfectly healthy historic natural area in need of no monitoring or maintenance whatsoever–other than picking up the trash and mitigating runoff from trails and parking lots.
This “Monitoring Access Zone,” workgroup participants were told, would remain in place until there was no longer any need for monitoring, replanting, watering, removal of noxious invasive vegetation, or repairs to failing “stabilized” banks, etc. Presumably removal of noxious invasive vegetation would not include the tall fescue, a noxious invasive plant, described above, that the district earlier this month was contemplating planting. Responding to objections, the district reportedly has changed its mind about the tall fescue.
Krahn said that monitoring activities would take place on both the north and south banks of the bayou in the project area, which includes Memorial Park and the Hogg Bird Sanctuary on the north and the River Oaks Country Club on the south.
He also wrote that “no work zones” on the bayou were in fact “no work zones,” despite the fact that heavy equipment would be driven over the banks, according to the district’s plans. However, above the Ordinary High Water Mark these “no work zones” would not be graded into bankfull benches, wrote Krahn, because “these are portions of the project area that already have the necessary geomorphic characteristics for a sustainable, stable channel.” A bankfull bench is a flat or sloping area above the bank of a stream that slows overflowing floodwater.
Asked to clarify the “Monitoring Access Zone,” Krahn has not yet replied.
But it’s not a “road,” Krahn insisted. So we won’t call it a “road.”
How about sendero?
Updated June 8, 2015
Project Manager Jason Krahn has clarified the “monitoring access zone.” In an email to Save Buffalo Bayou Monday morning, Krahn wrote:
“To provide for the monitoring access as outlined in the Atkins report [the post-construction monitoring plan included in the revised permit application], the District is working to define the appropriate spacing for vegetation within a portion of the flood plain planting zone. A spacing of 12-foot in width is currently being considered to allow for this access, or ‘monitoring access zone’ as you’ve referenced it in your previous email correspondence.”