Triple PG Wastewater Apparently Killing Trees on Neighboring Property

Despite multiple reprimands from the TCEQ and a lawsuit by the Texas Attorney General, the Triple PG mine apparently continues to discharge process wastewater onto neighboring properties. Photos taken on 5/4/22 show those neighboring properties under water despite unusually dry weather and record heat recently. Those same properties were not flooded just days after Tropical Storm Imelda, which dumped more than 25 inches of rain on the area.

However, Triple PG denies allegations of unauthorized discharges.

Location of Isolated Neighboring Properties

Let’s first look at the location of the neighboring properties. Triple PG owns most of the property west of the mine with one notable exception – a strip of 20 properties isolated near the mine’s stockpile. See the map from the Montgomery County Appraisal District below.

Properties in question are inside the red oval. MCAD shows that Guniganti sold the Royal Pines land to TC LB ROYAL PINES LP on 12/9/21.

History of Unauthorized Discharges

Back in March 2020, I observed that the Triple PG sand mine in Porter was discharging process wastewater onto adjoining property that the mine did not own. The Texas Attorney General had already sued Triple PG on behalf of the Texas Commission on Environmental Quality (TCEQ) for previous unauthorized discharges.

I filed a complaint with the TCEQ about the March 2020 discharge. TCEQ immediately sent an investigator to the mine. The investigator documented wastewater on the adjoining property. It was the fourth such alleged incident at the Triple PG mine in 10 months. Outcome? The TCEQ issued yet another “Notice of Enforcement” in April 2020 for the “unauthorized discharge of wastewater.”

But two months later, in May 2020, the wastewater on the adjoining property was higher than in the mine’s settling pond.

Dr. Prabhakar R. Guniganti, who owns the mine, didn’t seem to get the message. And pictures taken two days ago suggest he still doesn’t – despite the threat of a million dollar fine.

Compare Before/After Aerial Images

The image below, taken before discharges into this area started, shows the neighboring properties in question. They are the strip of trees between the foreground and background. Note how the land is not flooded, despite the fact that I took this picture just days after Tropical Storm Imelda, which dumped more than 25 inches of rain on this area. Also note the dense forest canopy.

Looking south toward stockpile in background. Properties in the forested strip do not belong to Guniganti. I took this picture on 9/27/2019, ten days after Imelda.
Reverse shot looking N from over stockpile. Taken in March 2020. Other shots taken in this series show water on neighbors’ property higher than inside the mine.

Now, fast forward two years. Aerial pictures below taken on 5/4/22 show the same property – under water – despite only 4 inches of rain in the last month!

The new images also show most of the once-lush vegetation has died. All trees on the neighboring property adjacent to the mine are dead with the exception of one small copse on higher ground. And the water is blackish.

dead trees on property adjoining Triple PG mine
Dead trees on property adjoining Triple PG mine immediately north of the mine’s stockpile in foreground. 5/4/22.
Looking NE. The dead trees on neighbor’s property adjoin the mine’s wastewater pit. 5/4/22.

Hmmmm. Let’s see. Not flooded days after 25 inches of rain during Imelda. Flooded after 4 inches in the last month. Once healthy trees now dead. How curious! I wonder how that works. Judging from the healthy trees in the background, I’m guessing the mine’s wastewater may have had something to do with their demise.

Status of Legal Case

According to the TCEQ, the Attorney General’s case against the mine is finally moving forward after two years. Legal maneuvering delayed it when Guniganti tried to transfer ownership of the mine in an apparent attempt to shield assets from prosecutors. As a result, the Attorney General wound up bringing Prabhakar R. Guniganti (individually) into the lawsuit, as well as:

  • Guniganti Family Property Holdings, L.L.C.
  • Prabhakar R. Guniganti, as Director of Triple P.G. Sand Development, L.L.C. 
  • Prabhakar R. Guniganti, as sole manager of Guniganti Family Property Holdings, L.L.C.
  • Guniganti Children’s 1999 Trust.

The AG contends that regardless of which legal entity owns the mine, they all lead back to the same man and they all had an obligation to ensure that process wastewater was not discharged into waters of the State.

The AG believes all entities above are liable for unauthorized discharges pursuant to Texas Water Code 26.121(c), which makes it unlawful to “cause, suffer, allow, or permit the discharge of any waste” in violation of the Texas Water Code.

…Into the Drinking Water for 2 Million People

During the next big rain, at least some of this will flush down White Oak Creek, which joins Caney Creek and the East Fork San Jacinto. Then, it will enter Lake Houston a little more than 2 miles downstream.

Close up cropped from image above.This used to be high, dry and covered with green. Compare with first image at top of post.

Lake Houston supplies drinking water for two million people. I’m not sure what’s in this water. But if it kills trees, it can’t be healthy for humans. It also can’t be healthy for neighboring property values.

Posted by Bob Rehak on 6/7/2021

1743 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.

Another 600 Acres of Forest Cleared in Splendora

Back in January of this year, I posted about two new developments on Gully Branch south of Splendora Junior High School on FM2090. At the time, two companies (Townsend Reserve, Ltd. and Forestar USA had begun to clear approximately 600 acres. Six months later, the trees are gone and the companies are installing infrastructure, such as roads and drainage. This area eventually drains into the the East Fork San Jacinto and Lake Houston.

Map of New Developments

Splendora Developments on 2090
Parcel owners and sizes. Green = land being cleared. Red = not yet clearing land. From: Montgomery County Appraisal District.

Ultimately, the cleared area shown in the pictures below will almost double. The two companies combined own 1209 acres.

Photos Taken on 6/4/2022 Show Extent of Construction

The first three shots below form a series as I panned right from east to west while looking south.

Looking southeast from Splendora Junior High Parking Lot across FM2090 at eastern section of Forestar USA property. Note Gully Branch bisecting property and large detention pond.
Looking directly south at Forestar property which will become Splendora Crossing. Parcel in upper right belongs to Townsend Reserve.
Looking southwest along FM2090. Townsend Reserve property at top of frame. Last week, Signorelli announced plans for a 3,000-acre development in the upper right corner of this photo.

The next two shots look west from farther west. The first shows Gully Branch (center) as it moves from Townsend property (top of frame) to Forestar property (bottom).

Gully Branch as it crosses the main entry to the two sites.
Main detention pond in Townsend Reserve (center). Two additional detention ponds will be built in the distance.

If you look closely at the photo above, you can see excavators and dump trucks already working on additional detention ponds near the top of the frame. See map below.

Townsend reserve and floodplain
Diagram of detention pond layouts from Townsend Reserve’s Drainage Impact Analysis.

Drainage Analysis Does Not Show Maps Based on Atlas-14 Data

To see construction plans and drainage impact analyses for these two sites, see my January 15th post on these developments.

WGA developed the drainage impact analyses for both developments using 2014 flood maps (see Townsend’s below). In fairness, WGA did attempt to calculate new flood elevations using its own measurements. But illustrations showing the old floodplain outlines, without mention of coming map changes, may mislead potential buyers.

Old 100-year floodplain superimposed on new Townsend Reserve development
Old 100-year floodplain superimposed on new Townsend Reserve development

Elevation Land Solutions developed the construction plans for Townsend. It disclosed flood risk more fully.

disclaimer for Townsend reserve in Elevation Land Solutions Plans
Disclaimer for Townsend Reserve in Elevation Land Solutions Plans found on virtually every page.

In fairness to developers, they can’t put their plans on hold indefinitely while new flood maps are drawn and approved. However, in fairness to buyers, you would think the engineering documents would at least disclose the potential of new maps based on Atlas-14 data. I’ve read fuller disclosures on an aspirin bottle.

Posted by Bob Rehak on 6/6/2022

1742 Days since Hurricane Harvey

Signorelli Developing Another 3,000 Acres Near Splendora

The Signorelli Company (TSC) of The Woodlands, which developed Valley Ranch, has purchased another 3,000 acres of land near Splendora. The tract will become a master-planned community with more than 7,000 single-family homes in East Montgomery County. Located north of FM 2090 and west of Daw Collins Rd., the new development will be 15 minutes from Valley Ranch and five minutes west of Interstate 69. 

Senior VP Mike Miller said, “We planned the community to provide a unique lifestyle for residents – outside with nature. We are confident the amenities will attract a variety of homebuyers.” 

Amenities will include hundreds of acres of open space, numerous parks, miles of meandering trails, and various recreation areas.

TSC will break ground this fall, with the first phase of single-family homesites delivered by the end of 2023. Upon completion, the community will also have one million square feet of multi-family, office, medical, retail and hospitality space.

Maps of Area

According to Signorelli, new homes will range from the $250s to $700s. Signorelli did not announce a name for the development. Planning is still underway.

Location of new Signorelli development in SE Montgomery County. Map from Houston Business Journal.
Approximate area of Signorelli Development from Google Earth.

The Texas Parks and Wildlife Watershed Viewer indicates that the West Fork of Spring Branch and Gully Branch drain most of this area.

Google Earth (above) shows that dense forests cover most of the area, with a few small, scattered farms and ranches. I drove there today to get a closer look. My initial impressions were correct. Gorgeous, secluded country homes on large acreage dot the areas surrounding Signorelli’s land. See below.

Looking west from Daw Collins Road and pipeline corridor. Until now, the area has been home to scattered small ranches and farms, secluded in the forest. Photo taken 6/4/2022.
Looking north from same location. Daw Collins Road on right. Sam Houston National Forest in distance. Photo taken 6/4/2022.

Virtually all of this forest is in some kind of floodplain. See FEMA map below.

Much of Land in Floodplains

FEMA’s National Flood Hazard Layer View shows that large parts of the Signorelli site are in the floodway (striped), 100-year floodplain (aqua) or 500-year floodplain (brown). Photo above this map was taken looking north from red dotted circle.

Keep in mind that the flood map above is based on 2014, pre-Atlas 14 data. The floodplains will expand even further when FEMA updates the flood map.

Current Residents Worry About Development’s Impact on Flooding

I talked to one lady today who lived near the clearing (shown in the first drone photo above) for 55 years. She said she never flooded in all that time. But she worries that she will now. She understood intuitively how the acceleration of runoff from developments, if not properly mitigated, can result in higher flood peaks. She also worried that changes to the slope of the land around her might funnel water toward her property, just as Valley Ranch did to some surrounding homes and businesses.

Only time will tell if her fears are founded. Based on the FEMA flood map above, it appears that Signorelli will need to move a significant amount of earth to elevate homes above floodplains. Signorelli will also likely need to create many detention ponds for an area this large.

Say Goodbye to the Era of Country Retreats

One thing is certain, however. The era of country retreats in this area is history.

The Houston Business Journal published an article on the Signorelli development last week. It listed seven new master-planned developments going in nearby. But the list didn’t even include the closest two, Townsend Reserve and Splendora Crossing on FM2090, about a mile to the southeast and immediately south of Splendora High School. Those have already consumed at least another thousand acres of forest. More on those tomorrow.

Posted by Bob Rehak on 6/5/2022

1741 Days since Hurricane Harvey