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 .

This beautiful meander, a natural detention area, would be filled in and graded, the woods and high cliffs destroyed, and the entire floodplain area obliterated by a permanent road. Aerial photo on Oct. 3, 2015, by Jim Olive

This beautiful meander, a natural storm water detention area, would be filled in and graded, the woods and high cliffs destroyed, and the entire floodplain area obliterated by a permanent road. Aerial photo on Oct. 3, 2015, by Jim Olive

Read the rest of this post.

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.

Read the rest of this post.

Concrete riprap and straw boom on the south bank of Buffalo Bayou at water's edge. Photo taken Aug. 9, 2015.

Concrete riprap, dirt, plastic, and straw boom on the south bank of Buffalo Bayou at water’s edge. Photo taken Aug. 9, 2015.

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.”

Read the rest of this story.

Wetland photo by John Jacob, Texas A&M University's Coastal Watershed Program, published in the Houston Chronicle, July 31, 2015. Printed with permission of John Jacob.

Wetland photo by John Jacob, director of Texas A&M University’s Coastal Watershed Program, published in the Houston Chronicle, July 31, 2015. Printed with permission of John Jacob.

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.

This beautiful tributary extending deep into the center of Memorial Park is labelled a "gully" by the flood control district. It will be plugged. Photo by Jim Olive on March 25, 2015.

This beautiful tributary extending deep into the center of Memorial Park is labelled a “gully” by the flood control district. It will be plugged. Photo by Jim Olive on March 25, 2015.

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?

Snowy egrets flying past another tributary adjacent to the middle meander in Memorial Park, also labeled a gully by HCFCD. 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.

Snowy egrets flying past another tributary adjacent to the middle meander in Memorial Park, also labeled a gully by HCFCD. 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.

 

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.”

 

 

 

 

 

 

 

 

Let’s Work With Nature, Not Against It

What’s the right way to protect Buffalo Bayou?

March 18, 2015 Updated: March 18, 2015 11:20am

Is the traditional vision of local and urban flood control agencies in conflict with federal and state agencies charged with protecting the health of our waterways?

Let me explain how I came to ask myself this question about mission conflict.

I grew up on Buffalo Bayou in Houston, and since early last spring I have been involved with a campaign to stop a flood control project that would destroy and then attempt to rebuild a healthy and relatively untouched riparian forest corridor running through the center of our city. It’s pretty rare to have a stretch of fairly wild river running through the middle of such a large city. The late great conservationist Army Emmott described our Buffalo Bayou as a ribbon of life running through the concrete. And that’s what it is: a living thing, a diverse and dynamic ecosystem that shows us the wondrous process of nature.

We are even more fortunate that in the words of the great river scientist Mathias Kondolf of Berkeley, this enchanting river has “room to move.” Here, in the middle of the city, we have space to “let the river be a river” — to let its banks change and its forest garden grow, as they would naturally. Dr. Kondolf traveled through this reach of the bayou in November, a reach that has never been channelized. The nearly 1.5-mile stretch targeted for destruction flows between the riparian forest and great cliffs of a public park (Memorial Park) and the forested terraces and high banks of a private golf course.

Read the rest of this article in the Houston Chronicle.

Note: This opinion piece is adapted from a presentation delivered February 12, 2015, at Texas’ first Urban Riparian Symposium, sponsored by the Texas Water Resources Institute, the Texas Riparian Association, and the City of Austin.

Looking over Buffalo Bayou from Memorial Park towards the River Oaks Country Club. This area is targeted for destruction by the $6 million Memorial Park Demonstration Project. Photo by Jim Olive.

Looking over Buffalo Bayou from Memorial Park towards the River Oaks Country Club. This area is targeted for destruction by the $6 million Memorial Park Demonstration Project. Photo by Jim Olive.

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.

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