TCEQ Report on West Fork Pit Capture Doesn’t Mention “Pit Capture”

9/2/24 – On 8/26/24, the Texas Commission on Environmental Quality (TCEQ) issued a report on a San Jacinto West Fork pit capture. “Pit capture” happened when the river cut through an abandoned sand pit on a point bar instead of taking the long way around it. Worldwide, many environmental consequences have been linked to such pit captures. However, the TCEQ report never mentions the phrase.

Several area residents filed separate complaints with the TCEQ. Even though the report lists eight separate incident numbers, TCEQ apparently conducted one investigation (#1976402) and issued one report.

This report does not discuss other pit captures that happened elsewhere in the West and East Fork watersheds earlier this year.

Past catching up with Montgomery County
San Jacinto West Fork entering pit and abandoning its normal channel on May 22.

The TCEQ report, which took four months to investigate, compile and release, did not:

  • Refer to any water-quality measurements, even though the complaints concerned water quality.
  • Address other sand-mine dike beaches and emissions in the same area
  • Explore downstream impacts.
  • Result in any reprimands, letters of enforcement, or violations.

TCEQ Finds No Problems

The four-month effort resulted in no action. Apparently, the TCEQ feels that since the pit is no longer being actively mined, it is no longer a threat to the public. It simply concludes that the incident falls within their “enforcement discretion” and they chose not to take any action.

TCEQ, which the Texas Sunset Commission dubbed a “reluctant regulator,” found nothing to get upset about even though the river:

  • Has abandoned its normal channel
  • Is now running through private property
  • Is eroding a Native-American graveyard.
Approximate location of entry and exit breaches relative to island with Native-American cemetery.

Who Operated This Pit?

The report also ignores a complex web of interlocking corporations involved with West Fork sand mining. They include, but are not limited to, Hallett Materials, RGI, JR Development and the Rasmussen Group, headquartered in Des Moines, Iowa.

  • The first paragraph of the report states that the investigation was conducted to “evaluate compliance for RGI Materials, Inc. of the Porter Plant site located north of the West Fork San Jacinto River.” [Emphasis added.]
  • But the report lists GPS coordinates for a pond on the south and west sides of the river. It also shows photos of the pit on the south and west sides.
  • According to the Montgomery County Appraisal District (MCAD), JR Development Inc. owned that pit until January of this year. It sold the land to Riverwalk Porter LLC on January 23.

The report cites information obtained through a Jacob McCurry and identifies him as a Vice President of RGI Materials. But the Hallett Materials website lists Jacob McCurry as its Operations Manager.

The report never mentions Hallett, the largest operator on the West Fork. Hallett:

  • Currently operates another pit captured by the West Fork about a mile north of the pit that the TCEQ investigated.
  • Operates a settling pond directly across the river from the pit that TCEQ investigated. That pond has been leaking almost continuously into the river since January through another pit that RGI used to own.

The Texas Secretary of State shows that RGI is an assumed name of Hallett Materials.

It’s all very confusing. Except for the TCEQ report’s conclusion. The TCEQ is taking no action.

Erosion of Cemetery

In 2018, I met Kurt Rasmussen at the Hallett plant. Rasmussen is part of the family that controls Hallett, RGI, and JR Development.

He gave me a tour of the captured pit on the south and west sides of the river. He also told me that Hallett was prohibited from mining that island in the middle of the pit because it is a Native American burial ground.

As a result of the pit capture, dikes no longer protect that island from the river and erosion.

Burial ground (upper left) in middle of pit captured by West Fork. Photo 5/13/24.

Unmentioned Problems with Pit Captures

The TCEQ report never mentions “pit capture.” Nor does it mention any of the problems associated with pit capture discussed in academic literature.

Where a river enters a pit, erosion typically migrates upstream (headcutting). That can lead to more river bank erosion. (You can already see it happening in the photo above on the right.)

Literature about pit captures also suggests that when rivers take a direct path through a sand pit, it can shorten the river’s length. This can increase the river’s gradient (slope) downstream, leading to faster water flow and more aggressive erosion.

Captured pits can act as sediment traps when water moves slow enough for sand to drop out of suspension. But when water moves as fast as it did in the May flood, it can stir up sediment and transport it downstream.

I measured the speed of water moving through the captured Hallett/RGI/JR Development/Rasmussen/Riverwalk pit at 5 miles per hour. That’s enough to pick up and transport large grains of sand.

This can contribute to increased sedimentation in downstream reaches, affecting water quality, habitat, and the morphology of the river.

West Fork sedimentation after upstream rainfall that rivaled Hurricane Harvey
Downstream from pit capture above at the confluence of Spring Creek and the West Fork. West Fork is on right.

That sediment began dropping out of suspension where the water slowed as it approached the headwaters of Lake Houston.

River Grove, diversion Ditch
Kingwood Diversion Ditch blocked at River Grove Park, downstream from confluence above. Dredging cost estimated at about $750,000.

The increased flow velocity after a sand pit capture can also lead to downcutting that disconnects the river from its floodplain, reducing the ability of the floodplain to absorb floodwaters and support wetland habitats.

Scientific reports also say that such downcutting can reduce the level of the water table and destroy riparian vegetation.

TCEQ Ignores Downstream Consequences

TCEQ concluded with the words: “the discharge from this pond has been granted enforcement discretion.” TCEQ chose not to issue any violations.

Their decision apparently stems from the fact that the pit is no longer actively used for mining. According to the report, the current owner, Riverwalk Porter LLC, claims it intends to use the property (and presumably the graveyard within it) for “recreational purposes such as hunting and camping.”

It’s unclear how TCEQ’s ruling will affect boating on the river. The public waterway now cuts through private property. Will boaters be trespassers?

So many questions! And the biggest one: Why did TCEQ not investigate other San Jacinto River Basin pit captures in active mines when its investigators were in the air?

To read the entire TCEQ report, click here.

Posted by Bob Rehak on 9/2/24

2561 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Flood Digest: Quick Updates on Six Flood-Mitigation Projects

8/30/24 – Another month has flown by. Below are quick updates on six flood-mitigation projects in the area.

HCFCD Beryl-related Ditch Maintenance

According to Jeremy Phillips, Director of Harris County Flood Control District’s (HCFCD) Asset Management Division, “The quickest way to ensure we are including debris in our post-storm cleanup is to fill out a service request online. We send them to our maintenance staff. They, in turn, ensure our contractors pick up the reported debris.”

I reported four trees this afternoon in a ditch that runs through Kings Forest just north of Kingwood Drive.

Blockage of Ditch in Kings Forest

The second is more serious: a cluster of three trees that have fallen across the ditch about 50 feet upstream.

Three more trees blocking same ditch in Kings Forest just feet away

Such blockages can catch other debris floating downstream during heavy rains and form dams that back water up into homes. HCFCD has 2500 miles of channels to patrol. Help them help you. Report any problems you see on the web page above.

Emily Woodell, a HCFCD spokesperson, said, “Through our Beryl debris removal efforts, we are currently at 10,966 tons of debris removed from 14 different watersheds. Based on our debris estimates, we are approximately 33% complete with our countywide debris removal operation.” Harris County maintains ditches, streams and bayous in 23 different watersheds.

Northpark Expansion

The expansion of Northpark Drive will create an all-weather evacuation route from Kingwood for almost 80,000 people when Hamblen and Kingwood Drive are cut off.

The project has been delayed by utility conflicts, but those now have reportedly been resolved. The Lake Houston Redevelopment Authority posted a new 3-week lookahead schedule yesterday.

The big news: new concrete is not far off.

In the next three weeks, contractors will focus on completing dirt work, preparing the sub-grade, and setting up rebar.

All photos below were taken on 8/30/24.

Rebar is being stockpiled in several places along the route.
Looking East from approximately where the bridge over the railroad tracks (behind camera position) will start.
Drainage work continues at several locations throughout the project. Here, you’re looking N at the SW corner of Northpark and Loop 494.

Tree Lane/Bens Branch Bridge Repair

I last posted about the Tree Lane bridge repairs over Bens Branch on 8/11/24. In the last 19 days, Houston Public Works has poured a few more loads of concrete and partially installed some culvert for a storm-drain outfall. No one was at the job site today.

New outfall on southeast side of Tree Lane Bridge.

This is the third attempt at repairs since 2019. The most recent started in February 2024. The original completion date was Spring 2024. Now it’s Fall 2024. Technically, Fall lasts until December 22. But there’s always 2025 as a fallback.

SJRA Projects

After Harvey, the San Jacinto River Authority engaged in several flood-mitigation projects with partners throughout the river basin. Projects included the San Jacinto River Basin Master Drainage Study, a Sedimentation Study, a Sand-Trap Study and more. Unfortunately, none have been acted on yet.

The SJRA also worked with several other entities on the State’s first Flood Plan and developed a seasonal-lowering strategy for Lake Conroe to help protect downstream residents.

However, the seasonal strategy turned into an ad hoc Active Storm Management strategy under withering criticism and a lawsuit from the Lake Conroe Association. The new strategy contributed to the flooding of hundreds of homes in May. Thousands more nearly flooded. It was the second highest release in SJRA history, exceeded only by Harvey.

Today, SJRA published a newsletter supposedly informing readers about their flood mitigation progress. The first 279 words explained how they don’t have money to do anything. So, they’ve worked with partners and the partner’s money to produce studies…none of which have been acted on yet.

The last paragraph states, “The [Flood-Management] Division has received and utilized grant funding via the Flood Infrastructure Fund through the Texas Water Development Board for studies and projects which may lead to flood reduction benefits in the future.

“The Division will continue to pursue flood mitigation opportunities and partnerships throughout the region, with the ultimate goal of serving and improving the lives of the public,” said the newsletter.

Editorial Comment: The SJRA needs to focus on actionability in its studies.

Dredging

The City of Houston announced the start of a new dredging project in Lake Houston back on April 1. After delays due to floods, flood damage and a potential change in scope, they now hope to start within 30 days. I last saw them assembling pipe at the Army Corps’ old site south of the West Fork and the Forest Cove Pool.

The original project was designed to remove accumulated sediment between Kings Point and the FM1960 bridge.

The potential change in scope is encouraging. Due to additional sediment coming down from upstream during several floods earlier this year, the City has applied to FEMA for more money to cover several additional projects around the lake.

One such project is cleaning out the mouth of the Kingwood Diversion Ditch at River Grove Park. It has become badly silted in.

Diversion Ditch blockage.

A spokesperson for the City said they hope to hear from FEMA on this and other projects shortly.

The idea is to do as many projects as possible while the equipment is here. That reduces mobilization charges as a percentage of each job. And mobilization is a major component of most dredging jobs.

dredging prep
South of Forest Cove Pool, dredgers were assembling pipe on 7/16 while awaiting word on the final scope of the flood-mitigation projects.

Flood Gates

Earlier this week, I learned that FEMA and TDEM approved a change to an interlocal agreement in April concerning 11 new tainter gates for the Lake Houston Dam. The Coastal Water Authority approved the change in July. And the Houston City Council will take it up in September.

Councilman Fred Flickinger is reportedly meeting with Public Works next week to see what can be done to serve residents better and faster.

That’s this month’s roundup of flood-mitigation projects affecting the Lake Houston Area and Harris County.

Posted by Bob Rehak on 8/30/24

2558 Days since Hurricane Harvey and 54 since Beryl

City’s Beryl Storm-Debris Tracker Shows Cleanup Status by Neighborhood

8/29/24 – The City of Houston Solid Waste Department’s Beryl Storm-Debris Tracker shows that the department has completed the second pass of debris cleanup in virtually all of District E’s north sector. If you still have debris from the storm but don’t yet have it to the curb, you only have one more pass. So hurry. After that, the cost is on you.

About a month ago, the City launched the storm tracker to help residents understand when they can expect help.

Three Passes

The City promised “three passes” of debris pickup. This would give residents a chance to get all their debris to the curb for pickup. Curbs were so crowded during the first pass that not all the debris would fit within reach of the equipment.

Also, there were a limited number of tree service companies to help residents saw up trees and get them to the curb.

Three passes give contractors more time to help residents.

Citywide Status

The Beryl Storm-Debris tracker map below shows the status of cleanup citywide by sectors.

Purple = Second Pass Complete. Blue = Second Pass in Progress. Yellow = First Pass in Progress.

The Storm-Debris Tracker shows no gray areas left. Gray indicated areas that were still waiting for the first pass to begin.

To change between the first and second views shown above in the Storm-Debris Tracker, just zoom in or out.

Storm-Debris Tracker Statistics to Date

The City updates the map and associated statistics nightly at 8 PM. Today were are 34 days from the start of the effort. So far, the City has collected:

  • 50,930 cubic yards of vegetative debris yesterday.
  • 43,930 truckloads of debris to date.
  • 2,139,624 cubic yards of debris to date.

The City estimates the combined impact of this year’s natural disasters in the Houston area to produce more than 4.5 million cubic yards of storm debris.

Prior to the July 4th Independence Holiday, the city successfully removed more than 1.7 million cubic yards of debris generated by the Derecho Storm. (Remember Beryl hit Houston on July 8. And within days, there were debris piles everywhere.)

For a full report on the damage Hurricane Beryl caused across the region (wind, flooding, surge, etc.) see HCFCD’s report on the storm.

Plan for Remainder of Cleanup

Over the next 60-90 days, the City will utilize all its available resources combined with supplemental disaster collection contractors to expedite the debris removal operations in neighborhoods throughout the city.

To view the storm tracker visit: https://houstontx.gov/solidwaste/beryl_strm2024.html.

And remember, you no longer need to contact 3-1-1 to report storm debris. During each pass, crews will go down every street looking for it.

Posted by Bob Rehak on 8/29/24

2557 Days since Hurricane Harvey and 34 since Beryl