Update on the Plan to Bulldoze the Riparian Zone, Dredge, and Channelize Wild Buffalo Bayou

Yellow-crowned Night Heron by Frank X. Tolbert 2.

Yellow-crowned Night Heron by Frank X. Tolbert 2.

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.

Find out what you can do.

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.

Read the rest of this story.

An aerial photo taken in 1953 of Buffalo Bayou and surrounding riparian forest in the project area.

An aerial photo taken in 1953 of Buffalo Bayou and surrounding riparian forest in the project area.

Who’s Cutting the Black Willows on Buffalo Bayou in Memorial Park?

Dec. 21, 2014

We’ll Get to the Bottom of This Meander Mystery

Updated Dec. 24, 2014. Mystery solved! See below.

Revisiting a beautiful meander last week in Memorial Park we came across something strange. This is what we call the middle meander in the area of the Harris County Flood Control District’s project to bulldoze the riparian vegetation, dredge and channelize one of the last natural stretches of Buffalo Bayou in the middle of Houston. You can see photos taken earlier in October of this lovely spot.

This is a flat, marshy area of the north bank, filled with wildlife, mullet jumping and landing on their backs, where the bayou has gradually shifted to the east and has been naturally revegetating the sandy banks with native smartweed, ground cherry, boxelder, black willow, and sycamores.

Here is what it looked like last week.

  • Wildlife tracks in the mud on the middle meander to be destroyed. Photo taken Dec. 15, 2014, by Susan Chadwick.
  • Edible native smartweed on the middle meander to be obliterated by the Harris County Flood Control District. Photo taken Dec. 15, 2014, by Susan Chadwick
  • Sycamore in the foreground, sandy point on the south bank of the middle meander to be filled in by the flood control district. Photo taken Dec. 15, 2014, by Susan Chadwick

 

This area will be totally obliterated by the flood control district’s “erosion control” and “bank stabilization” project, known as the Memorial Park Demonstration Project. The bayou here will be filled in, the magnificent, very old cliffs defaced and leveled, and the bayou rerouted further to the south. Why? Because that’s what the flood control district imagines the bayou will do 200-300 years from now. So we taxpayers are paying $4 million to do all the damage now that the bayou might possibly do in several centuries.

The odd thing was that someone has been cutting down the native black willow saplings that are growing up on the sandy bench in this area, creating a new riparian forest so necessary for controlling erosion, stabilizing the banks, cleansing the water, and providing wildlife habitat. Who would do that and why?

Answer: It’s beavers.

Here’s the evidence.

  • Native black willow sapling chopped, apparently by a beaver, it turns out. Experts have pointed out the tooth marks that a beaver makes. All photos taken Dec. 15, 2014, by Susan Chadwick.
  • Another native black willow cut by a busy beaver. These are the trees that a healthy bayou naturally plants to create a new riparian forest, but beavers need homes too.
  • Another young black willow cut down for a beaver development.
  • The probable track of a beaver, apparently dragging a harvested black willow sapling to the water for home building material. And are those beaver footprints with the long toes?

 

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.

Read the rest.

Professor Mathias Kondolf on Buffalo Bayou, Friday, Nov. 21, 2014. Photo by Jim Olive.

Professor Mathias Kondolf on Buffalo Bayou, Friday, Nov. 21, 2014. Photo by Jim Olive.

Opponents of Bulldozing Wild Banks of Buffalo Bayou Shut Out of Meeting

 

Harris County constable protecting secret meeting of engineers and developers from potential disruption by overly polite defenders of Buffalo Bayou. Photo by Dave Fehling, KUHF.

Harris County constable protecting secret meeting of engineers and developers from potential disruption by overly polite defenders of Buffalo Bayou. Photo by Dave Fehling, KUHF.

Oct. 30, 2014

Nobody Was Pepper-Sprayed But Door-Holding Constables Didn’t Smile Either

The unsurprising vote was 18-1 Monday, Oct. 27, 2014, in favor of stripping the forested banks, dredging, channelizing, and rerouting the last natural stretch of Buffalo Bayou as it flows past our great Memorial Park in the middle of Houston.

The Harris County Flood Control Task Force, dominated by engineers, builders, architects, bankers, developers, and realtors, voted behind closed doors on secret ballots to spend $4 million in tax money to make our wild Buffalo Bayou a bigger drainage ditch for development of west Houston. That seems to be the gist of it. Along with helping the River Oaks Country Club shore up the banks of its currently being renovated golf course. The club, which owns half the property in the project, is contributing one-third of the $6 million cost.

Whether the experimental project will work is another question. But hey, if it washes out, it’s only beautiful public parkland and a stretch of the river that teaches us the healthy benefits of what natural rivers do.

Evelyn Merz, the Sierra Club representative, cast the lone opposing vote. Representatives of the Citizens Environmental Coalition and the Audubon Society did not attend the meeting, as far as we could tell. The representative of the League of Women Voters apparently voted in favor.

Task Force Chairman Ranney McDonough of McDonough Engineering refused to allow Merz to speak, though she tried.

“It wasn’t always like that,” recalls Frank C. Smith Jr., past chairman of the task force, who was allowed into the meeting as a guest of Merz. In the past, says Smith, the task force was more evenly balanced between development and environmental interests.

The thirty-one members of the little-known task force, founded in 1973 through the efforts of citizen activists like Smith, are appointed by the Harris County Commissioners’ Court. It is an advisory body, and the vote Monday was symbolic. A committee of the task force, appointed to “investigate” the controversial project, voted 5-1 in favor of it Oct. 15. Again, Merz was the only negative vote.

The Army Corps of Engineers is considering whether to issue a permit to the Harris County Flood Control District for the project, known officially as the Memorial Park Demonstration Project.

The Houston city council has already voted to waste $2 million on destroying an irreplaceable natural resource in the middle of the city. However, councilmembers must eventually vote on whether the test experiment (the often-failing techniques haven’t been proven to work on a river like ours) is a legal taking and use of public parkland according to state law.

So let your city council representatives know what you think about that.

Listen to Dave Fehling’s report on the meeting on KUHF 88.7.

 

 

 

 

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.

Read the rest of the editorial in Gray Matters in the Houston Chronicle.

Great egrets flying past Memorial Park. The banks here will be bulldozed, and the bayou filled in and a new channel cut further south  through River Oaks Country Club property.

Great egrets flying past Memorial Park. The banks here will be bulldozed, and the bayou filled in and a new channel cut further south through River Oaks Country Club property. Photo by Jim Olive.

Engineers Vote for More Work for Engineers on Buffalo Bayou

Developers Eager to Pave More Streets and Parking Lots

Oct. 21, 2014

Raise your hand if you ever heard of the Harris County Flood Control Task Force.

The Katy Freeway in west Houston, widest freeway in the world.

The Katy Freeway in west Houston, widest freeway in the world and major conduit of stormwater into Buffalo Bayou. Engineers voting for bulldozing Buffalo Bayou work on Interstate 10 and other highway and paving projects as well as public drainage systems.

Thought not.

Try looking on the Internet for any mention of this 31-member semi-secret committee and you’ll find almost nothing except for an occasional reference in someone’s bio and a brief note on the website of the Bayou Preservation Association. Founded in the 1970s to create “a community collaboration of engineers, developers, and interested citizens,” according to the BPA, the task force is now mostly a collaboration of engineers and developers, as is the BPA.

County Judge Bill Elliot is reported to have said at the time: “How can Harris County government adequately protect homes and businesses from the hazards of flooding and facilitate economic development, while at the same time preserving the God-given resources we have that are still in their natural state for the present and future enjoyment of our citizens?”

Last Tuesday, Oct. 15, a county task force committee looking into that question voted 5-1 in favor of spending $6 million to wreck the last natural stretch of Buffalo Bayou in Houston, a perfectly healthy 1.5 miles of wild bayou flowing in and around our Memorial Park. The project would destroy riparian forest crucial to the health of our water, to erosion and flood control. Riparian zones are increasingly being recognized as wetlands that should be federally protected for our own health and survival.

On Monday, Oct. 27, 2014, at a public meeting in the Harris County Flood Control District headquarters, 9900 Northwest Freeway, the full flood control task force will be voting on whether to go ahead with the controversial project. Update: The chairman of the task force, Ranney McDonough, said in phone call late Thursday afternoon to Save Buffalo Bayou that the doors of the meeting will be closed and the public will be turned away. But we are going anyway.

The flood control district declined to provide us with the names of the current members of the full task force, suggesting we contact the Harris County Commissioners’ Court since the commissioners’ court created and appoints the task force. No response to those emails by press time. Update: Courtesy of one of the members,  we now have a reasonably current list of the members of the task force. And generally we know that of the 31 positions approved by the commissioners, about nine seats go to engineers and architects, another eight go to developers and builders, another two go to business groups, three or four go to government agencies, and another seven go to environmental or civic groups or individuals. Several positions are empty.

We will do our best to provide their contact information. These task force members need to be contacted and informed. Please let them know of your opposition and why. In addition, please note that Harris County Precinct 4 Commissioner Jack Cagle, who represents Memorial Park, is up for election on Nov. 4.

Not In. In a Meeting. On the Other Line.

As of this writing, it is unknown how many of the five task force committee members who voted in favor of the bulldozing project have seen this part of the bayou. We’ve made fruitless calls and left messages and talked to one engineer on the committee who voted in favor of bulldozing and channelizing the last wild bayou. He’d never seen the area to be destroyed; he thought there was no vegetation there.

Read the rest of this story.

KUHF Radio Broadcast Room Filled With Smoke from Burning Pants

Oct. 13, 2014

An Outstanding Job by Environment Reporter Dave Fehling on Buffalo Bayou and the Importance of Riparian Forest

Dave Fehling did an outstanding job of reporting for the Houston Matters radio show on the Buffalo Bayou bulldozing project that aired last Wednesday, Oct. 8, 2014. (Segment starts at 18:35.) Fehling is Houston Public Media’s State Impact reporter for Energy and the Environment.

Most importantly Fehling recognized and addressed the main issue completely ignored by the project promoters: the importance of riparian forest, which is basically wetlands necessary for cleansing our waters, controlling erosion and flooding, and providing wildlife habitat. (Yes, in addition to clean water, we need hawks and dragonflies and alligator snapping turtles to survive. We are all linked in the chain of nature.)

This project would destroy most of the perfectly healthy riparian buffer along almost 1.5 miles of the last natural stretch of our 18,000 year-old Buffalo Bayou as it flows between Memorial Park and the Hogg Bird Sanctuary on the north and the golf course of the River Oaks Country Club on the south. (The club happens to be in the process of rebuilding its entire golf course.)

Two important points that we’d like to clarify and that are causing confusion in the public mind:

  1. This is not a disagreement between conservationists. This is a battle between conservationists on the one side and developers and profiteers on the other. The influential Bayou Preservation Association, which was instrumental in creating this project and which continues to be its strongest advocate, is no longer a preservation group. The president of the BPA works for the Energy Corridor District, the development agency for the Katy Prairie in West Houston, one of the fastest growing areas in Houston and source of Buffalo Bayou. The BPA board is heavy with representatives of major engineering, construction, and landscape design companies. On the board is a representative of KBR, the engineering contractor for this bayou project. Representatives of the flood control district sit on the advisory board.
  1. This area is not suffering from severe erosion. See below.

Read the rest of this story.

Edible smart weed and young box elder, black willow, and sycamore building a new riparian forest on a sandy marsh of Buffalo Bayou in Memorial Park. Great white egret in the background. Photo taken on October 6, 2014, by Susan Chadwick.

Edible smart weed and young box elder, black willow, and sycamore building a new riparian forest on a sandy marsh of Buffalo Bayou in Memorial Park. Great white egret in the background. Photo taken on October 6, 2014, by Susan Chadwick.

Save Buffalo Bayou on The Radio Wednesday, October 8, 2014

Oct. 7, 2014

Susan Chadwick with Save Buffalo Bayou will be on the radio program Houston Matters at 12:30 p.m. tomorrow, Wednesday, Oct. 8, discussing the project to destroy the last natural stretch of Buffalo Bayou in Houston. Steve Hupp, director of water quality for the Bayou Preservation Association, which helped create and is the primary promoter of the $6 million dredging and channelizing project, will also be on the show, along with Dave Fehling, Houston Public Media’s State Impact reporter for Energy and the Environment.

The show takes questions from callers so call if you have a question, like, “What is the point of this hugely destructive, expensive project?” Or “Why is the Bayou Preservation Association doing this? Isn’t bulldozing the natural banks of the bayou a violation of the organization’s founding purpose?” Or “Does the BPA advocate that stripping the land of riparian forest is the best way for property owners on the bayou to control erosion?”

The number to call is 713-440-8870.

Craig Cohen is the host of the popular KUHF radio show. Tune in to 88.7 around 12:30 p.m. to hear the live discussion. But if you miss that, you can hear the show online anytime by going to the Houston Matters website. Should be a lively debate!

Thunderstorm approaching on Buffalo Bayou Monday morning, Oct. 6,2014. Looking with the forest of the River Oaks Country Club on the left. All this will be bulldozed and a new channel cut for bayou.

Thunderstorm approaching on Buffalo Bayou Monday morning, Oct. 6, 2014. Looking upstream with the forest of the River Oaks Country Club on the left and Memorial Park on the right. All this will be bulldozed and a new channel cut for the bayou.

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.)

Read the rest.

The River Oaks Country Club has killed the grass on its golf course, along with vegetation on the high banks, in preparation for redoing the golf course. Photo on Sept. 20, 2014, by Jim Olive.

The River Oaks Country Club, which owns the entire south bank of the bayou project, has killed the grass on its golf course, along with some vegetation on the high banks, in preparation for redoing the golf course. Photo on Sept. 20, 2014, by Jim Olive.

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