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.
Update on Our Campaign to Save the Last Natural Stretch of Buffalo Bayou in Houston
Oct. 5, 2014
Where are we now and what should you do?
The Harris County Flood Control District has applied for a permit to bulldoze most of the riparian forest and vegetation along both banks of more a mile of the last remaining stretch of natural Buffalo Bayou in the city. This is our bayou as it passes by Memorial Park. Also targeted are the tributary and high bluffs of the Hogg Bird Sanctuary, as well as other ancient cliffs and prehistoric sandstone used in the past as water crossings by buffalo and people. The project would excavate, fill, grade, and artificially rebuild the banks; dredge, deepen, and reroute the bayou channel, damming tributaries. Hundreds of trees will be cut down, many of them riparian species too small or too young to be counted by the district’s inappropriate tree survey. The shading tree canopy will be removed (project proponents claim there is no tree canopy!); the water temperature increased. The soil, packed with protective, binding roots small and large, will be dug up, tossed around, and compacted by heavy equipment. Wetlands and lovely sandy beaches will be obliterated along with the colonizing and stabilizing plants that have taken root there, a crucial stage of the natural process of building the riparian buffer so important to water quality, flood and erosion control.
All of this and more violates best management practices for riparian zones. It will destroy the bayou’s ecosystem. And this is a project developed and promoted by the Bayou Preservation Association, supported by the Memorial Park Conservancy.
Timelines Are Difficult to Predict — Updated Oct. 30, 2014
The Harris County Flood Control District has responded to the public comments sent to the Army Corps of Engineers during the public comment period, which ended June 30. The district has posted its responses on its website, and you can read them here. (Caution: big pdf.)