The Texas Commission on Environmental Quality (TCEQ) finalized nine investigations into Colony Ridge construction practices this week. Eight of the nine found violations. And six of the eight scolded Colony Ridge for lack of best management practices relating to erosion controls. The other two cited Colony Ridge for operating without a permit.
Summary of Violations
The TCEQ meticulously documented the findings with dozens of photos and supporting documents. The nine investigations total 2,341 pages. Below is a summary of the investigation numbers, subdivisions and violations:
#1699286, Sante Fe #6, operating without a permit
#1704908, Long Branch, best management practice (BMP) violations
#174909, Sante Fe #5, failure to meet final stabilization requirements, large bare areas of unstabilized soil
#1704912, Sante Fe #8, erosion control measures not installed
#1404914, Sante Fe #9, erosion control measures not installed
#1704916, Sante Fe #10 and #11, erosion control measures not installed
#1704918, Sante Fe #10 and #11, no violation
#1707467, Sante Fe #10 and #11, operating without a permit
The best management practices and erosion control measures cited above are designed to prevent the rivers of mud seen coming from Colony Ridge. The mud has partially plugged local creeks in Plum Grove, contributing to flooding. It has also contributed to sediment buildup farther downstream near the mouth bar of the San Jacinto East Fork.
Six of the TCEQ violations relate to best management practices and erosion control. For instance:
Planting grass can stabilize soils.
Silt fences can prevent dirt from entering ditches.
Rock gabions can reduce the velocity of water, thus reducing erosion.
But the investigations found little evidence of any such practices. And when they did, the measures were often ineffective due to lack of maintenance. For instance, water eroded around and under silt fences, rendering them useless.
Dirt piled on sides of ditches. No silt fences, grass, or gabions. Photo taken May 26, 2021.
When you clear thousands of acres at a time, erosion control is important to protect downstream neighbors.
Two of the other investigations found Colony Ridge operating without a valid permit.
Conditions For Obtaining Permits
The National Pollution Discharge Elimination System (NPDES) requires developers to formulate Stormwater Pollution Prevention Plans (SWPPP) as a condition of obtaining their permits. The plans should:
Control the perimeter of the site
Protect receiving waters adjacent to the site
Follow pollution prevention measures
Protect slopes and channels
Stabilize the site as soon as possible
Minimize the area and duration of exposed soils at any one time
Part of Colony Ridge expansion area covered in TCEQ investigations. Photo taken March 3, 2021.
The goals of pollution prevention plans include:
Retaining sediment on the property
Selecting, installing, inspecting, and maintaining sediment control measures in accordance with good engineering practices
Removing offsite accumulations of sediment that escapes the property at a frequency sufficient to minimize offsite impacts
Preventing litter from becoming a pollutant source in stormwater discharges
Accumulations of litter on banks of Colony Ridge ditch – definitely not a best management practice. Photo taken March 3, 2021.
Penalties Unclear at This Time
It’s unclear at this time whether the TCEQ violations will result in any fines for Colony Ridge. Typically, the TCEQ gives regulated entities a chance to remedy violations before levying fines. However, the recurring nature of these violations may call for a new approach. TCEQ has warned Colony Ridge about similar issues in the past, saying that Colony Ridge violations could adversely affect human health. However, violations continue.
Clearly, the ability to fix problems without a fine – after silt has been discharged into bayous, streams and rivers – seems like an incentive to ignore, not obey, regulations. Violators can simply fix problems if caught and, if not, take their profits to the bank.
Looking south. Photo taken May 26, 2021. Colony Ridge continues to push north with same construction practices.
Conclusions of All Nine Reports
The reports comprise almost 650 megabytes. They are far too large to post in a forum like this. However, I have captured screen shots of the reports’ conclusions for those who wish more detail.
#1699286: operating without a permit
#1704908: failure to maintain and properly install BMPs
#1740909: failure to achieve final stabilization requirements, large areas of bare soil
#1704910: Failure to maintain BMPs, install them properly and stabilize drainage channels.
#1704912: erosion control measures not installed
#1704914: failure to install even minimum erosion controls.
Posted by Bob Rehak on 6/5/2021, based on TCEQinvestigations
1376 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/06/20210526-RJR_8409.jpg?fit=1200%2C800&ssl=18001200adminadmin2021-06-05 14:50:582021-06-05 15:04:04Eight TCEQ Investigations Reprimand Colony Ridge Construction Practices
The Texas Commission on Environmental Quality has joined an aggregate company it regulates in appealing a judge’s decision that voided an air-quality permit issued to the aggregate producer.
Photo of blasting used in limestone quarries. Courtesy of Stop 3009 Vulcan Quarry. According to the group, “Quarry blasting, crushing, and hauling operations emit high levels of carcinogenic particulate matter.”
Much at Stake
On March 5, 2021, two Texas Hill County environmental groups, Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek won a lawsuit voiding the air-quality permit issued to Vulcan Materials. Vulcan needs the permit to turn a former ranch in Comal County into a 1500-acre open-pit limestone quarry and rock crushing plant. The property is in the middle of residential developments. It also sits atop the recharge zone for the Edwards Aquifer. That aquifer supplies drinking water for 2 million people.
The court battle between residents, Alabama-based Vulcan and the TCEQ has raged since June 2017 when Vulcan initially applied for a TCEQ air-quality permit. The groups objected. An administrative judge first supported the TCEQ and Vulcan. But District Court Judge Maya Guerra-Gamble overturned that decision. The most recent legal filing is an appeal of the appeal.
Response from Environmental Groups
In response, Stop 3009 Vulcan Friends of Dry Comal Creek said, “Unsurprisingly, TCEQ and Vulcan Construction Materials are filing a legal appeal, attempting to overturn the decision rendered by Judge Guerra-Gamble vacating Vulcan’s air permit. The appeal will be heard by the Third Court of Appeals.”
“While Vulcan’s motivations seem transparent, it’s a bit puzzling that TCEQ is spending taxpayer dollars and agency resources ostensibly supporting an out-of-state corporation, and in visible opposition to hundreds of Texans they are supposed to protect!”
Gist of Judge’s Ruling
I first reported on this issue on March 18, 2021. 459th Civil District Court Judge Guerra-Gamble ruled that:
TCEQ’s assertion that the quarry would not harm human health or welfare was not supported by evidence.
Vulcan’s emissions calculations were not representative and not supported by substantial evidence.
Vulcan’s air quality analysis did not account for cumulative impacts or emissions from the quarry and roads.
Vulcan’s choice of background concentration was arbitrary or capricious.
In the contested case hearing, the State Office of Administrative Hearings (SOAH) judge erred in allowing Vulcan to hide behind “trade secret” claims.
Plaintiffs were denied due process when the SOAH judge allowed Vulcan to conceal data using the “trade secret” excuse and did not allow plaintiffs to cross-examine Vulcan.
The TCEQ describes its mission as protecting the state’s public health and natural resources consistent with sustainable economic development. Its goal is “clean air, clean water, and the safe management of waste.”
Finding Balance Between Over-Regulation and Under-Protection
If Texas is to continue to grow, it must find the right balance between over-regulation and under-protection. We must also find ways to live with the legacy of 3-mile-wide quarries, such as the one Vulcan proposes – if that is, indeed, the only way to grow.
Below is a picture of the San Jacinto West Fork. Twenty square miles of sand mines ring the river between I-69 and I-45. This area will be scarred forever.
The giant Hallett aggregate mine on the West Fork of the San Jacinto is almost 2 miles east to west and 2 miles north to south.
Concrete lasts a few years, but the giant pits and the equipment concrete producers leave behind last forever. We must protect the environment that provides quality of life in order to attract new residents.
Posted by Bob Rehak on 6/4/2021
1375 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/06/blasting-dust-1.jpg?fit=900%2C600&ssl=1600900adminadmin2021-06-04 14:16:292021-06-04 14:24:21TCEQ Joins Aggregate Company in Appealing Revocation of Air-Quality Permit
The National Weather Service released this map around 7 a.m. Houston time this morning. It shows Houston in the bullseye with another 4 to 6 inches of rain predicted in the next five days. Jeff Lindner, Harris County Meteorologist, warns that flash flood watches may be needed by Friday into the weekend.
Houston Area is in the Bullseye and could receive another 4-6 inches of rain in the next five days.
Atmosphere Moisture Levels Support 1-3 Inches Per Hour Later Today
Yesterday’s active weather pushed down toward the coast overnight. The local air mass stabilized by Thursday morning. But afternoon heating and a rapid influx of Gulf moisture favor the development of numerous thunderstorms later today over the region.
Moisture levels in the atmosphere support heavy rainfall with hourly rainfall rates of 1-3 inches per hour possible under the strongest cells. Lindner notes that we saw this yesterday evening throughout the Lake Houston area.
Heaviest Rains Expected Friday
However, the main storm system will begin to move slowly into southwest and west TX on Friday. It will dominate local weather through the weekend, according to Lindner, as several disturbances rotate around around it and feed off the near-continuous stream of rich Gulf moisture over the area.
Expect widespread showers and thunderstorms Friday through the weekend with frequent rounds of heavy rainfall.
Jeff Lindner, Harris County meteorologist
Upper level winds will support cell training over the area this weekend. Flash flooding will be a concern.
Rainfall Amounts, Impacts
Additional rainfall amounts of 4-6 inches will be possible over the next 5 days. Much of this will fall during periods of heavy rainfall. Isolated totals could be significantly higher under any areas of sustained training. Hourly rainfall rates of 1-3 inches will be possible, which could support rapid street flooding.
Ground Still Saturated
Grounds are still saturated from heavy rainfall in May. And some watersheds are still elevated from the rainfall yesterday evening. Rainfall over the next several days will likely generate run-off into local watersheds resulting in rises. Any areas of sustained heavy rainfall will increase the threat for channel flooding given the delicate groundwater situation currently in the area.
Posted by Bob Rehak on June 3, 2021, based on info from the NWS and HCFCD
1074 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/06/image001.gif?fit=800%2C561&ssl=1561800adminadmin2021-06-03 11:53:592021-06-03 11:54:12Houston in Bullseye: NWS Predicting Another 4-6 Inches of Rain in Next 5 Days
Eight TCEQ Investigations Reprimand Colony Ridge Construction Practices
The Texas Commission on Environmental Quality (TCEQ) finalized nine investigations into Colony Ridge construction practices this week. Eight of the nine found violations. And six of the eight scolded Colony Ridge for lack of best management practices relating to erosion controls. The other two cited Colony Ridge for operating without a permit.
Summary of Violations
The TCEQ meticulously documented the findings with dozens of photos and supporting documents. The nine investigations total 2,341 pages. Below is a summary of the investigation numbers, subdivisions and violations:
The best management practices and erosion control measures cited above are designed to prevent the rivers of mud seen coming from Colony Ridge. The mud has partially plugged local creeks in Plum Grove, contributing to flooding. It has also contributed to sediment buildup farther downstream near the mouth bar of the San Jacinto East Fork.
Violations apply only to TCEQ regulations, not Liberty County’s drainage standards. The Liberty County attorney is reportedly conducting a separate investigation into Colony Ridge construction practices and engineering reports.
Nature of Violations
Six of the TCEQ violations relate to best management practices and erosion control. For instance:
But the investigations found little evidence of any such practices. And when they did, the measures were often ineffective due to lack of maintenance. For instance, water eroded around and under silt fences, rendering them useless.
When you clear thousands of acres at a time, erosion control is important to protect downstream neighbors.
Two of the other investigations found Colony Ridge operating without a valid permit.
Conditions For Obtaining Permits
The National Pollution Discharge Elimination System (NPDES) requires developers to formulate Stormwater Pollution Prevention Plans (SWPPP) as a condition of obtaining their permits. The plans should:
The goals of pollution prevention plans include:
Penalties Unclear at This Time
It’s unclear at this time whether the TCEQ violations will result in any fines for Colony Ridge. Typically, the TCEQ gives regulated entities a chance to remedy violations before levying fines. However, the recurring nature of these violations may call for a new approach. TCEQ has warned Colony Ridge about similar issues in the past, saying that Colony Ridge violations could adversely affect human health. However, violations continue.
Clearly, the ability to fix problems without a fine – after silt has been discharged into bayous, streams and rivers – seems like an incentive to ignore, not obey, regulations. Violators can simply fix problems if caught and, if not, take their profits to the bank.
Conclusions of All Nine Reports
The reports comprise almost 650 megabytes. They are far too large to post in a forum like this. However, I have captured screen shots of the reports’ conclusions for those who wish more detail.
For full reports, visit the TCEQ website.
Posted by Bob Rehak on 6/5/2021, based on TCEQ investigations
1376 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.
TCEQ Joins Aggregate Company in Appealing Revocation of Air-Quality Permit
The Texas Commission on Environmental Quality has joined an aggregate company it regulates in appealing a judge’s decision that voided an air-quality permit issued to the aggregate producer.
Much at Stake
On March 5, 2021, two Texas Hill County environmental groups, Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek won a lawsuit voiding the air-quality permit issued to Vulcan Materials. Vulcan needs the permit to turn a former ranch in Comal County into a 1500-acre open-pit limestone quarry and rock crushing plant. The property is in the middle of residential developments. It also sits atop the recharge zone for the Edwards Aquifer. That aquifer supplies drinking water for 2 million people.
The environmental groups’ celebration of the judge’s ruling was short-lived, however. On April 30th, the TCEQ joined Vulcan in filing an appeal.
Battle Started in 2017
The court battle between residents, Alabama-based Vulcan and the TCEQ has raged since June 2017 when Vulcan initially applied for a TCEQ air-quality permit. The groups objected. An administrative judge first supported the TCEQ and Vulcan. But District Court Judge Maya Guerra-Gamble overturned that decision. The most recent legal filing is an appeal of the appeal.
Response from Environmental Groups
In response, Stop 3009 Vulcan Friends of Dry Comal Creek said, “Unsurprisingly, TCEQ and Vulcan Construction Materials are filing a legal appeal, attempting to overturn the decision rendered by Judge Guerra-Gamble vacating Vulcan’s air permit. The appeal will be heard by the Third Court of Appeals.”
“While Vulcan’s motivations seem transparent, it’s a bit puzzling that TCEQ is spending taxpayer dollars and agency resources ostensibly supporting an out-of-state corporation, and in visible opposition to hundreds of Texans they are supposed to protect!”
Gist of Judge’s Ruling
I first reported on this issue on March 18, 2021. 459th Civil District Court Judge Guerra-Gamble ruled that:
This May 20, 2021, story by Stephanie Johnson in My Canyon Lake, an online newspaper, provides additional detail.
Whom Does TCEQ Represent?
However, some feel that the regulators have become too close with those they regulate. And there was an attempt in this year’s legislature to transfer regulation of aggregate mines to the Railroad Commission of Texas. The bill, HB4341, died in the House Environmental Regulation Committee. Notably, it would have created criminal offenses for making false statements in official documents such as permit applications and reports.
Finding Balance Between Over-Regulation and Under-Protection
If Texas is to continue to grow, it must find the right balance between over-regulation and under-protection. We must also find ways to live with the legacy of 3-mile-wide quarries, such as the one Vulcan proposes – if that is, indeed, the only way to grow.
Below is a picture of the San Jacinto West Fork. Twenty square miles of sand mines ring the river between I-69 and I-45. This area will be scarred forever.
Concrete lasts a few years, but the giant pits and the equipment concrete producers leave behind last forever. We must protect the environment that provides quality of life in order to attract new residents.
Posted by Bob Rehak on 6/4/2021
1375 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.
Houston in Bullseye: NWS Predicting Another 4-6 Inches of Rain in Next 5 Days
The National Weather Service released this map around 7 a.m. Houston time this morning. It shows Houston in the bullseye with another 4 to 6 inches of rain predicted in the next five days. Jeff Lindner, Harris County Meteorologist, warns that flash flood watches may be needed by Friday into the weekend.
Atmosphere Moisture Levels Support 1-3 Inches Per Hour Later Today
Yesterday’s active weather pushed down toward the coast overnight. The local air mass stabilized by Thursday morning. But afternoon heating and a rapid influx of Gulf moisture favor the development of numerous thunderstorms later today over the region.
Moisture levels in the atmosphere support heavy rainfall with hourly rainfall rates of 1-3 inches per hour possible under the strongest cells. Lindner notes that we saw this yesterday evening throughout the Lake Houston area.
Heaviest Rains Expected Friday
However, the main storm system will begin to move slowly into southwest and west TX on Friday. It will dominate local weather through the weekend, according to Lindner, as several disturbances rotate around around it and feed off the near-continuous stream of rich Gulf moisture over the area.
Upper level winds will support cell training over the area this weekend. Flash flooding will be a concern.
Rainfall Amounts, Impacts
Additional rainfall amounts of 4-6 inches will be possible over the next 5 days. Much of this will fall during periods of heavy rainfall. Isolated totals could be significantly higher under any areas of sustained training. Hourly rainfall rates of 1-3 inches will be possible, which could support rapid street flooding.
Ground Still Saturated
Grounds are still saturated from heavy rainfall in May. And some watersheds are still elevated from the rainfall yesterday evening. Rainfall over the next several days will likely generate run-off into local watersheds resulting in rises. Any areas of sustained heavy rainfall will increase the threat for channel flooding given the delicate groundwater situation currently in the area.
Posted by Bob Rehak on June 3, 2021, based on info from the NWS and HCFCD
1074 Days since Hurricane Harvey