Cunningham Sponsors Bill to Ensure Restoration of Abandoned Sand Mines

Newly elected State Representative Charles Cunningham has introduced a bill aimed at restoring sand mines to productive use after operators cease production. Cunningham filed HB1093 in December and it was referred to the House Natural Resources Committee on 3/2/2023.

Aimed at Protecting Water Supply for 2 Million People

HB1093 amends Section 28A of the Texas Water Code. It applies to aggregate production operations (APOs) located within 1500 feet of the San Jacinto. It deals with the reclamation of such mines and ensure water-quality in the river(s) around them.

The goal is to reduce adverse water-quality impacts to the San Jacinto and Lake Houston which supply drinking water to more than 2 million people. Additional benefits will accrue to recreation, wildlife, and environmental safety.

Requirements in Bill

Before abandonment, the bill requires APOs to file a reclamation plan signed by a licensed engineer. Such a plan would typically include measures such as revegetation, erosion control, grading, soil stabilization, and backfilling. The plans must also address:

Removal of materials used in production, waste, structures, roads, equipment and railroads.
Slope stability for the walls of remaining detention ponds
Closure of waste disposal areas
Costs for all of the above
Financial assurance (such as a performance bond, typical in the construction industry) designed to enable cleanup without cost to taxpayers if the operator walks away from the site or declares bankruptcy.

While we need sand to make concrete, we need clean water even more.

Why We Need This Bill

Think these issues aren’t real? They’re all around us. See the pictures below taken recently.

*Dredge at abandoned mine on North Houston Avenue in Humble.*

*More abandoned equipment at same mine.*

*Another abandoned sand mine in Humble. No grading of slopes or vegetation that retards erosion. Note commercial structures threatened by collapsing walls of pit.*

*Abandoned mine on East Fork in Liberty County* *should have had soil stabilized with vegetation.*

*Another shot from same mine. Old structures, materials not removed.*

*And another. There are no fences to keep children from playing on this abandoned dredge.*

*At the same mine on May 3, 2021. Note two breaches in dikes sweeping sand down the East Fork.*

*Excavator in abandoned mine on West Fork.*

*Abandoned mine (foreground) next to recreational facility on opposite side of West Fork* *at I-45.*

Part of Sedimentation Problem

Lake Houston has lost 20,000 acre feet due to sedimentation and continues to lose on average 380 acre feet annually.

In the 1980s, only one or two small mines existed on the San Jacinto West Fork. Today, sand mines occupy more than 20 square miles in a 20 mile reach of the river between I-69 and I-45. And many empty their pits into the river.

*An active mine empties one of its pits into the abandoned mine in the foreground which drains straight into the West Fork.*

The montage below shows the effect of such issues on water quality where Spring and Cypress Creeks join the West Fork. The angles vary. But in each shot, the dirtier water comes from the West Fork. This is typical and easily visible on most days.

*Water coming from area with mines typically appears siltier.*

Cost of Dredging

To maintain the capacity of Lake Houston and the conveyance of its tributaries, the City of Houston and Army Corps have dredged almost continuously since Harvey. To date, they have removed almost 4 million cubic yards of sediment at a cost of $226 million.