The Piles of Concrete Came Down
Country Club Armors High Banks with Chunks of Rubble
August 12, 2015
For months we watched with suspense the towering piles of concrete riprap. They hung heavily over the edge of a high bank on the south side of Buffalo Bayou near the downstream end of one of the loveliest natural stretches of the bayou in the city. It’s a long stretch of the bayou that the Harris County Flood Control District wants to bulldoze and “restore” to a “more natural state,” so we were apprehensive.
A row of small telltale colored flags had first appeared near the waterline here and upstream at the upper limit of the area targeted for flood control’s highly destructive Memorial Park Demonstration Project.
The south bank of the nearly 1.5 mile project area is owned by the River Oaks Country Club, which is a one-third partner in the $6 million public project initiated and promoted by the Bayou Preservation Association. The club, which has nearly completed a renovation of its golf course on the bayou, had long threatened to armor its banks with riprap if the “stabilization” project didn’t go through.
And now the club has carried through on its threat, laying down black plastic sheeting on the steep banks at those two locations downstream and upstream, distributing chunks of concrete on the slopes, and covering the blocks with dirt. Club member Steve Lindley, who is overseeing the riprap work as well as the golf course upgrade for the club, said that the plastic sheeting is porous and biodegradable and that club plans to seed the dirt with grass to keep it from washing away and eventually to plant it with native vegetation such as chili pequin.
Crazy Widespread Disappearance of Wetlands around Houston
Wetlands in Buffalo Bayou Threatened Too
Aug. 3, 2015
The Army Corps of Engineers is not keeping track of whether developers are replacing tens of thousands of acres of wetlands lost to development in the Houston region as required by law.
Wetlands, according to the Environmental Protection Agency, “are part of the foundation of our nation’s water resources and are vital to the health of waterways and communities that are downstream. Wetlands feed downstream waters, trap floodwaters, recharge groundwater supplies, remove pollution, and provide fish and wildlife habitat.”
Under the federal Clean Water Act, the Corps of Engineers is charged with protecting our wetlands.
A study by the Houston Advanced Research Center (HARC), reported by the Houston Chronicle Friday, July 31, 2015, found that “more than 38,000 acres of wetlands vanished in greater Houston over the past two decades despite a federal policy that ‘no net loss’ can be caused by encroaching development.”
While We Wait
The Flood Control District’s Failing “Natural Channel Design” Projects
July 11, 2015
Well, the comments are in to the Army Corps of Engineers. The comment period that ended June 5 was not extended. So now we wait to find out what the Corps will do next about a permit for the Harris County Flood Control District’s controversial $6 million Memorial Park Demonstration Project. The flood control district wants to destroy one of the last natural stretches of Buffalo Bayou as it flows past Memorial Park in the middle of the city so that engineers can “build it better,” thus demonstrating exactly the wrong thing to do for erosion control and bank stabilization on the bayou.
It’s the wrong thing to do because the specially adapted trees and plants on the bayou (known as the riparian zone) protect the land from erosion, slow storm water and runoff, filter pollution and bacteria (and trash) from the water, provide shade and habitat, among many other vital functions. Razing the riparian buffer, as this project would do, digging up and running heavy equipment over the banks and bayou bottom are all contrary to Best Management Practices and the policies of virtually every federal and state agency charged with protecting the health of our waters, our wildlife habitat, and our soil.
What Are the Options?
So what are the Corps’ options?
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.”
Immutable Plan. Invisible Rocks.
“Revised” plan to destroy Buffalo Bayou not really “revised” at all.
Project manager says no significant changes to much criticized original plan.
No sandstone in project area, says flood control, contradicting itself.
June 3, 2015
Despite the hundreds of comments criticizing the purpose, methods, impact, cost, benefit, and harm of Harris County Flood Control District’s proposed “erosion control” project on Buffalo Bayou in and around Memorial Park, the district has made no significant changes to the plans recently re-submitted to the Army Corps of Engineers.
Jason Krahn, project manager for the controversial Memorial Park Demonstration Project, told Dianna Wray of the Houston Press that the district was “simply following the guidelines” and that there were “no significant changes” to the original project plan.
Indeed, many of the “revised” plan sheets posted by the Army Corps of Engineers on its website appear to have been simply relabeled with new dates, though there are some with new details.
The public has until June 5 to send comments to the Corps about the district’s “revised” permit application and the district’s responses to previous comments. There is no limit on the number of comments one can make. So if you’ve already made a comment, make another!
Revised plan to destroy Buffalo Bayou announced: Public has till June 5th to comment
May 5, 2015
Updated May 15, 2015.
Today, May 5, 2015, the US Army Corps of Engineers posted a new public notice announcing a revised permit application from the Harris County Flood Control District to destroy nearly 1.5 miles of one of the last natural stretches of Buffalo Bayou in Houston. The flood control project, called the Memorial Park Demonstration Project, is in a historic natural area with high cliffs and sandstone formations hundreds of thousands of years old.
Comments must be submitted by June 5, 2015.
The Flood Control District’s first application was announced in a public notice last April, and public comments were received through June 30. The comments were overwhelmingly negative. The revisions to the permit application are in response to those comments.
The Corps is now soliciting comments from the public, governmental agencies and officials, and other interested parties in advance of making a determination about the permit application. The Corps requests that comments be limited to the clarifications and updates made by the Flood Control District to the Memorial Park Demonstration Project plans, monitoring plan and planting plan, as well as the District’s responses to comments received by the Corps and made by the Corps. The summary of updates and clarifications are contained in the following document under the “Response to Comments” tab on the Corps’ website:
You can read the revised plan here.
Houston and Harris County taxpayers are funding $4 million of this destructive “restoration” project, which would shorten, reroute, dredge, and channelize the bayou, eliminating a healthy riparian zone and rebuilding it using “natural, stable, channel design” methods prone to failure. The River Oaks Country Club, which owns the entire south bank of the “restoration” project, is paying $2 million. Riparian zones are crucial to the cleanliness of our waters, and are generally protected by policies and programs of our state and federal governments.
The north bank of the project is mostly Memorial Park and the Hogg Bird Sanctuary, with some private property in between.
All comments and requests for additional information should reference file number, SWG-2012-01007, and should be submitted by June 5 to:
Regulatory Branch, CESWG-RD-P
U.S. Army Corps of Engineers
P.O. Box 1229
Galveston, Texas 77553-1229
And send a copy of your comments to the Texas Commission on Environmental Quality. The TCEQ, which asked critical questions about the project in its comments to the Corps, must certify that the project complies with state water quality standards.
Texas Commission on Environmental Quality
Water Standards Team
401 Coordinator, MC-150P.O. Box 13087, Austin, Texas 78711-3087
Update on the Plan to Bulldoze the Riparian Zone, Dredge, and Channelize Wild Buffalo Bayou
Feb. 8, 2015
The Army Corps of Engineers reports that it is continuing to supply the Harris County Flood Control District with their comments on the Flood Control District’s responses to the public comments on the district’s application for a federal permit.
Dwayne Johnson, regulatory project manager for the Galveston District office of the Corps, wrote in an email to Save Buffalo Bayou on Jan. 20, 2015, that the Corps expects to have a response and a possible new Public Notice about the permit application within thirty to sixty days. The new Public Notice would request new public comments only on the changes to the project plans made since the original Public Notice last April, said Johnson.
A federal Clean Water Act permit is required for the project because it will dredge and fill navigable waters of the United States. The Corps is responsible for that. The Texas Commission on Environmental Quality must certify that the Corps’ permit meets Texas Surface Water Quality Standards. The Environmental Protection Agency also has the authority under the Clean Water Act to overrule a federal permit, although the EPA has rarely done that.
In addition, the Houston City Council, as the governing body for Memorial Park, must give public notice, hold a hearing, and vote on whether the project is a proper use or taking of public parkland under Ch. 26 of the state Parks and Wildlife Code.
Memorial Park has some protection from the deeds establishing the park. The Hogg Family, which sold the parkland to the city at cost in the early 1920s, set up the multiple deeds so that ownership of the park reverts to their heirs if the land is used for other than park purposes. These reversionary rights have been left to the Daughters of the Republic of Texas and the Hogg Foundation for Mental Health.
Plus, the City of Houston Floodplain Management Office must issue a development permit for the project because it involves construction activity within a city floodplain.
But It’s Best to Leave the Bayou Alone, Says BPA’s Water Quality Director
Feb. 5, 2015
We lost track of the number of times our jaws dropped listening to Steve Hupp present the Bayou Preservation Association’s argument for destroying one of the last natural stretches of Buffalo Bayou in Houston.
Hupp, who was speaking to the Briar Forest Super Neighborhood council on Jan. 20, is the water quality director for the BPA, which was founded in the 1960s to protect the natural banks of Buffalo Bayou from the bulldozers of the Harris County Flood Control District. Hupp lamented that a representative of Flood Control wasn’t there to help him make his case for bulldozing and dredging some 80 percent of a healthy stretch of our wild, southern bayou for more than a mile in and around our public Memorial Park, including the great cliffs of the Hogg Bird Sanctuary. This $6 million boondoggle, touted as “bank restoration and stabilization,” is called the Memorial Park Demonstration Project (MPDP). Demonstrating exactly the wrong thing to do for erosion control by razing the riparian buffer, the project will destroy the bayou’s ecosystem. According to the BPA, the bayou will be re-engineered to “a more natural state.”
Briar Forest, which is south of Buffalo Bayou between Gessner, Westheimer, and Dairy Ashford, has been fighting its own battle with Flood Control over a plan to destroy a significant amount of forest to create stormwater detention basins.
City Council Member Oliver Pennington was at the meeting. Pennington, who is running for mayor, represents District G, which includes Briar Forest way out there and much closer into town, the south bank of Buffalo Bayou in the “bank restoration” project area. The south bank, which is half of the project, is owned entirely by the River Oaks Country Club, founded in 1924, of which Pennington is a member and which is donating $2 million or one-third of the projected cost of the “stabilization” project. The club is in the process of digging up and rebuilding its golf course, which over the decades has encroached on what was once thick riparian forest, moving closer and closer to the edges of the high banks of the bayou.
Room for the River: What the River Scientist Had to Say
Nov. 25, 2014
Updated Saturday, Nov. 29, 2014, with a link to the video of the lecture by Mathias Kondolf.
More than 100 people gathered last Friday evening to hear Mathias Kondolf speak about rivers, river restoration, and the state of Buffalo Bayou at the Assembly Hall of St. Theresa Memorial Park Catholic Church.
Kondolf is a professor at the University of California at Berkeley, a world-renowned river scientist, and a leading critic of the destructive and often-failing methods proposed for a $6 million “erosion control” and “bank stabilization” project on Buffalo Bayou. He spoke for nearly two hours to a crowd that included people on all sides of a controversial project to bulldoze the riparian forest and dredge and channelize nearly 1.5 miles of one of the last natural stretches of the bayou in the city.
The project, known as the Memorial Park Demonstration Project, was conceived by the Bayou Preservation Association, which actively promotes the plan. The Army Corps of Engineers is considering whether to issue a permit to the Harris County Flood Control District for the project.
Riparian forest or buffer, also called a riparian zone, consists of specially adapted trees and plants along the edge of a waterway. Among the many important functions of riparian zones are protecting the land from erosion, filtering pollution, cleansing the water, slowing flood water, and providing wildlife and human habitat.
Kondolf had spent hours inspecting the bayou in the rain earlier in the day. The project area is bounded entirely on the south by the River Oaks Country Club golf course, which is currently being renovated. The north bank of the project is our public Memorial Park, along with the Hogg Bird Sanctuary and some private property. Taxpayers are contributing $4 million to this project.
A Bold Stand on Buffalo Bayou from A Long-Time Conservationist
It’s time again to stop the bulldozers on the bayou
Flood-control plans are a ‘tragic, misguided, destructive experiment’
October 24, 2014 | Updated: October 24, 2014 5:22pm
I feel responsible.
In 1966 Terry Hershey asked me to join with her, George Mitchell, and then Congressman George Bush in their campaign to stop the Army Corps of Engineers and the Harris County Flood Control District from bulldozing the natural banks of Buffalo Bayou near our homes on the west side of Houston.
At the time none of us knew what we know now: that the trees and vegetation that grow on the bayou’s banks are so important to the quality of our water, to erosion and flood control. We just knew that we preferred and respected nature. My house backed up to the bayou, and I let the enchanting forest back there grow wild. I was one of the only homeowners in our small neighborhood on the river who never had problems with erosion. Others who cut down the wild trees and plants saw their backyard gardens and lawns wash away.
We stopped the bulldozers on the bayou back then, and at other times too over the years. The organization that we formed became the Bayou Preservation Association, and eventually I became the president of it. I am still on the executive committee of the BPA, as it is called, though the organization no longer serves the cause of preservation. The BPA has lost its way.