Chocolate Bayou Salt Water Barrier
Information of interest to the residents of Bayou Timbers
This informational page is created in response to certain reports regarding Gulf Coast Water Authority plans to raise the water level of of Chocolate bayou by about 2.5 feet.
ATTENTION: There will be a meeting with the Gulf Coat Water Authority and others on Monday July 8th at 6:30 at 1318A Old Rosharon Road Alvin, TX at the Drainage District #3 Office. Residents of Bayou Timbers are welcomed and encourage to attend.
4 July 2019
We first shared the following information with our Bayou Timbers residents on July 4th.
A recent Gulf Coast Water Authority document outlines plans to raise the Chocolate Bayou Salt Water Barrier by 2.5 feet. In the opinion of our HOA this will flood a portion of our bayou frontage community property. Bayou Timbers residents also raise a concern for stagnant water, mosquito breeding grounds, and potential odor, as well as impact on the aquatic life of flounder and “protected” alligator gar.
They are building a dam which is 2.5 ft. higher and will trap approximately 93 acres of water which will most likely effect our community not to mention endangered alligator gar and the baby flounder that winter in our bayou. There is a meeting planned soon where we can ask our concerns.
For your further information, we have posted a link to this letter on the home page of our community website.
Also on July 4th, the following information came in to us from a resident:
“These are very good questions being asked; please let everyone know.”
Here are the comments, questions and concerns so far...and at the bottom a couple of email comments from the experts who have responded so far .....
1. Did the pump station ever shut down in the past due to salinity issues prior to the saltwater barrier being constructed? (goes to issue of why constructed in first place because this is the claimed reason for the need to increase the height.)
2. How does the NAVD 1988 datum compare to the datum used for the barrier plans? Need to know this in order to correctly compare the elevations shown in Table 1.
3. In Table 1, the top of the barrier is shown to be at an elevation of 0.36 feet, with the additional 2.5 foot increase being proposed making the new top at an elevation of 2.86 feet. Therefore, how can the water surface elevations shown in Table 3 be less than these top of barrier elevations? It appears that the Revised Existing Conditions values have a top of barrier set at elevation 1.0 feet instead of 0.36 feet, and the Proposed Conditions values have a top of barrier set lower than 2.86 feet.
4. The report notes that 93 acre-feet of additional volume of water will be stored up in the bayou during low flow conditions, and that this "... merely restores low flow WSELs to conditions observed after the barrier was built in 1978." (pg. 6 of 14). How do they know about this "observation in 1978"?
5. The water surface profiles shown in Exhibit 5 do not reflect the barrier height consistent with the other info shown in the report (e.g. 0.36' and 2.86' for top of barrier). This suggests that the modeling of the barrier and its impacts is incorrect.
6. A retired water and soil scientist from Temple. He suggested to see if they have a permit from Army of Corps and Engineers because the Clean Water Act requires it. Also this is a navigable waterway so you can't dam it. He also said that USGS should have flow data...I had to ask what that is and it's United States Geological Survey
7. "Explain how the existing structure has sunk 2 feet but remains level and unbroken"
Note, I found the bid request for the work. their plan is to add preformed concrete slabs on top of the existing dam to extend it tighter.. They could not do this if the current structure was not level and /or broken.Our expert suggests that this project is a scam to produce cheap salt free water for the rice farm.
8. Was there a plan for annual dredging? If not, how often was dredging supposed to be performed? Was the schedule for dredging maintained? If so, where are the records for that and if not, how come?
9. The studies you have provided were all performed prior to Harvey. We need studies with more recent data and better data to reflect projections in light of new roadways and neighborhoods in the area (up to Manvel and beyond) that prevent absorption into the ground and therefore push even more waters to the natural spillways and bayous.. contributing to our current state of flooding.
10. Considering drought conditions as we have experienced in the past, is there a limit to the amount of water that the GCWA would provide to farmers and a measured water level that would be left in the bayou? We are concerned about raising and lowering water levels and what it will do to shore erosion.
11. Many of the homeowners along the bayou have property lines that extend to the middle of the actual bayou. Please explain how your contract to provide water to your contracts is not a violation to our property rights? ..or encroachment? or eminent domain?
12. Ivan Langford said: “We can discuss the boat lift at the meeting. I do not have all of the history of the lift but we will have folks there that can speak to the lift issue. That said, the contract has already been awarded without the lift. That is not to say it cannot be reconsidered at a future date... but may require approvals from the Corps as well as C&R District 3” What do we need to do to make that happen?
13. One neighbor suggests an alternative: I think a possible solution could be to have GCWA / farmers build water reservoirs instead of a concrete barrier. We lose billions and billions of gallons of water a year to rain runoff into the gulf. Why not capture this clean rain water into a series of reservoirs? They (farmers) got the money to spend if forced but they are taking the path of least resistance for themselves.......If they diverted runoff when it rains heavy then the salt water in the bayou would be flushed out making it useable for irrigation. Let the farmers determine their annual water needs and build reservoirs to accommodate that need. Lot of cheap flat land around here to build their reservoirs. With all the new development upstream and Texas 99 coming through in a few years, this concrete dam with its additional height will exasperate the flooding problem here and upstream.
14. Chocolate Bayou Waterway Improvements to Negatively Affect Homeowners as a result of Contracts to provide Rice Tec with Fresh Water. We see that you have performed studies, but how is it that you have studied so many carefully selected points of change without consulting homeowners along the bayou?
15. The proposal is to add 2.5 feet in height to the existing dam and will include gates that restrict water flow from the bay to the fresh water side…but will not restrict water flow from the fresh water side moving out to the bay. Confirm that when you take water to provide to contracts the level in the bayou on the fresh water side will not dip. How do you intend to maintain water levels on the fresh water side of the dam?
16. Here is the conflict: Ever since Harvey the flooding in our yards and homes (In Whispering Pines, Timberwilde and in Bayou Timbers Neighborhoods and others) has increased exponentially. We have been told there is no blockage or new impingement they are aware of; and yet, with even a typical rain we have up to 6 feet of water in our yards along the bayou that we didn’t have before. This is affecting 1000’s of homes along Chocolate Bayou. Please confirm that while the new construction will add 2.5 feet in overall height, the actual level at which the water passes from one side to the other will remain the same?
17. The bigger picture: The Gulf Coast Water Authority is contracted to provide fresh water to Rice Tec. The existing salt water barrier (a basic dam) is too short and when the water rises it allows salt water to back flow into the fresh water side affecting their ability to provide fresh water. We have been repeatedly told the whole area has suffered subsidence. If that’s true as stated by Ivan Langford, , then it stands to reason that if the dam has subsided, then the land around it has also subsided. If THAT is true then there would be no need for the dam increase in height.
18. Homeowners fear that with the proposed changes and height of the new dam project we will experience MORE erosion to our shores and MORE flooding to our homes and yards. Where are the post Harvey reports?
19. The Gulf Coast Water Authority has provided reports but their reports do not include erosion data and some of their data gathered was before Harvey…but as stated above.. Harvey changed a lot of things, including flow patterns, shore shape, erosion and water retainage. Your reports are not detailed enough, nor do they address sealife. Are there more report available..and more current reports?
20. Additionally, there is an issue regarding the boat lift. Many years ago a lift was installed to allow boat traffic to pass from the fresh water side of the dam to the salt water side of the dam and out into the bay. About 15 years ago the lift broke and was never repaired even though many people requested it. When they were taking bids for the proposed upgrades they added this repair to the bids but once approved they quietly removed this part of the project from the scope of work. What will it take to either remove the dam entirely or restore the lift?
21. The neighborhoods this affects the most is already at the mercy of the county for services. These are neighborhoods of homes worth $500,000 and up and yet, there is no high speed internet, no city services, no road repair, no street lights. We also endure daily passes of the planes filled with chemicals treating the nearby fields with pesticides and fertilizers and other chemicals that cover our homes and lawns as a result of the county catering to Rice Tec operations over that of the homeowners. Has the GCWA now also joined the march against homeowners in favor of Rice tech in favor of financial gain at the expense of the homeowner?
22. The bayou is also home to a large pipeline that has produced a leak/oil spill in the recent past also a result of many issues surrounding how the Bayou waterway is respected/treated by RiceTec, the County and the Gulf Coast Water Authority. How will the new dam affect the pipeline and will it cause that pipeline further settling and potential leaks? What measures are being taken to insure that wont happen?
23. Our taxes are very high, in fact, out in the unincorporated area of the county our taxes are actually more than areas of much larger cities like Friendswood and others. If we are subject to these rising taxes, we expect to be heard and considered in these very large issues that affect our quality of life and financial bottom line.
24. The Alligator Gar are a protected game fish as well as flounder and other species. We know from many studies of the Gar Fish that damming their habitat has endangered their population in other similar cases. What are you doing to protect the Gar and what studies were performed to insure the ecological impact this will have?
From Shane Bonnot
“Taylor sent your message to me regarding the Chocolate Bayou saltwater barrier. I am going to reach out to my contacts at TPWD to see if there are any coastal fishery concerns regarding this project.
I do believe that there are plans to make significant improvements to the bayou upstream from your location and I am trying to determine how this project ties into the master plan. I suspect that there has been an EIS for this project. I understand your concerns as a homeowner and stakeholder in the region. I’ll follow up with you after I hear from TPWD.
I am also going to reach out to Galveston Bay Foundation to see if they have any information regarding this project.”
Sincerely, Shane Bonnot
CCA Texas Advocacy Director
https://ccatexas.org/podcasts/
From Dennis Hoffman
Query sent to Mr. Hoffman: "Explain how the existing structure has sunk 2 feet but remains level and unbroken"
“NOTE: I found the bid request for the work. their plan is to add preformed concrete slabs on top of the existing dam to extend it tighter. They could not do this if the current structure was not level and /or broken. This project is a scam to produce cheap salt free water for the rice farm.”