Texans for Responsible Aggregate Mining Release Video Showing Statewide Nature of Problems

Texans for Responsible Aggregate Mining (TRAM) released a new video today demonstrating statewide issues with aggregate production operators (APOs). Just in time for the 2021 legislative session, the 12-minute video calls the concerns non-partisan, but says they requiring bi-partisan support. Their goal: to find the right balance between economic growth, public health, environmental preservation and regulation.

The group’s research found that Texas is one of seven states without comprehensive APO regulations. That leaves APOs in Texas largely unchecked and out-of-control.

Video Examines Six Major Concerns

Excessive sedimentation that leads to flooding is not the only issue associated with aggregate mining as practiced in Texas. The video shows APO operations across the state and addresses six major concerns:

  1. Air particulate emissions
  2. Water quality and availability
  3. Surface and groundwater contamination, and flooding
  4. Rapid development of APOs with adequate regulatory oversight
  5. Truck traffic, safety, and road repairs plus their costs
  6. Nuisance issues such as noise and light pollution, plus blasting

This vividly demonstrates some of the issues discussed in the House Interim Committee’s Report on Aggregate Production Operations released earlier this week.

Screen capture courtesy of TRAM. Click to play video.

Packed with Fascinating Factoids about Aggregate Mining

The video is packed with eye-opening factoids. Did you know, for instance, that:

  • One 80,000 pound truck creates the wear and tear of 9600 cars?
  • Texans subsidize truck damage to roads to the tune of $.23 cents per mile driven for every fully loaded commercial vehicle?
  • APO contract vehicles typically operate on a per-load basis, often leading them to push the safety envelope to carry more loads?
  • APOs can reduce property values by 5% up to 3 miles away and more than 25% within a quarter mile?

Screen Capture Courtesy of TRAM. Click to play video.

Relationship Between Regulation and Growth

In case you want to do your own econometric analysis on the relationship between growth and aggregate regulation, TRAM offers a good starting point. This link shows a state-by-state breakdown of regulations. Who has comprehensive mining regulations, who has partial and who has none?

Of the ten fastest growing states, three have no comprehensive mining regulations; six do, and one has partial regulation. Net: the proposition that lax regulation of APOs creates fast growth is dubious.

Posted by Bob Rehak on 1/29/2021

1249 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.

San Jacinto Master Drainage Plan Uses Gage UPSTREAM from Sand Mines to Estimate West Fork Sedimentation

Appendix F of the San Jacinto River Basin Master Drainage Plan discusses the sediment contribution to Lake Houston of various tributaries. It asserts that Cypress Creek, Spring Creek, and West Fork sub-watersheds are the highest contributors of suspended sediment to Lake Houston, contributing an estimated 38.7 percent, 26.8 percent, and 13.0 percent of the total sediment load, respectively.

However, to measure sediment on the West Fork, the study team used a gage at I-45 – UPSTREAM from virtually all West Fork sand mines. This explains a huge disparity between measured data and visual observations. But the report never even acknowledges the visual observations.

I have previously posted about the 3600-page master plan. In many respects, it is a masterpiece that contains good and valuable information that will help mitigate flooding throughout the watershed. The comments in this post relate ONLY to Appendix F on sedimentation, which in my opinion contains a serious flaw.

Misleading Impressions

The problem with using the gage at I-45: it rules out certain contributions to sedimentation that the report barely acknowledges.

Cypress Creek and Spring Creek combine before merging with the West Fork. Thus, you would expect five times more sediment coming from Spring and Cypress Creeks than the West Fork, based on their findings. Yet almost every time I photograph the confluence of the West Fork and Spring Creek, I see more sediment coming from the West Fork, despite the fact that Lake Conroe blocks sediment coming from the upper part of the watershed. See below.

Confluence of Spring Creek and West Fork San Jacinto. Each shot taken in a different month and from a different angle. But the siltier stream in each case is the West Fork where virtually all the sand mines are.

Location of West Fork Gage Never Fully Specified in Report

The West Fork gage number is listed on page 114 of Appendix F. But the description says only, “W Fk San Jacinto Rv nr Conroe Tx, Gage #08068000.” At another point (page 115), it lists the gage near Lake Conroe. To find the exact location of the gage, one must go outside the report to a USGS site. Then to see where the gage sits relative to West Fork sand mines, one must back up to page 61 of Appendix F. Most readers will just assume, given the scientific nature of the report, that the authors used a gage at a representative location, not one that ruled out sediment from sand mines.

Even a careful reader of the report could conclude that the contribution of sand mines to sedimentation is minor in the grand scheme of things. TACA would welcome such a conclusion.

The report ignored thousands of photos posted on ReduceFlooding.com as well as TCEQ reports citing sand mines for non-compliance.

The implications of measuring sediment upstream from sand mines, overlooking visual evidence, and ignoring official reports calls into question some of the report’s recommendations. For instance, #2 suggests using “existing [emphasis added] stream gage data” … to “inform where higher suspended sediment is originating within each sub-watershed.”

Sorry, you can’t get there from I-45. And if sand mines are an issue, neither can you get there from LIDAR surveys taken every several years, which the report also recommends. Sand mine discharges happen frequently and sporadically, often under the cover of darkness.

Sand Mining Not Seriously Considered as Possible Source of Sedimentation

The report, for the most part, blames sedimentation on new development and stream bank erosion. It does not consider:

Intentional pumping over dikes
Pipes buried under dikes
Breaches and pumping into surrounding wetlands that drain into the West Fork
Breaches in abandoned mines
Breaches into drainage channels just a few yards upstream from the West Fork
Intentional breaches. Note the backhoe tracks and sharp edges to the breach in this video.

Sedimentation Report Needs More Gages

You can’t document the volume of such breaches and illegal pumping from a helicopter. However, you can’t overlook such practices either.

What we really need is a sediment gage downstream from the sand mines just before the West Fork joins Spring Creek. A gage at that location would go a long way toward calculating the volume of sediment escaping from sand mines.

Report Also Needs Revision Before Legislative Committees Meet on Sand Mining

The authors also need to amend this report quickly. The amendments should highlight the location of the West Fork gage, the implications of that, and limitations on the use of the data – especially by the legislature.

My biggest fear is that sand miners will attempt to use this report to defeat reasonable legislative reforms of the industry. They have used similar reports in the past to do exactly that. I have personally testified in four House and Senate committee hearings about sand mines only to have TACA trot out figures from the 2000 Brown and Root Study. B&R drew similar conclusions because it used the same West Fork gage at I-45.

To protect the scientific integrity of its report and the validity of its recommendations, the authors need to act quickly. The legislature is considering new sand mining regulations at this instant. Such regulations could protect downstream residents from excess man-made sedimentation, huge dredging costs and potential flooding.

The Master Drainage Plan, including Appendix F on sedimentation, is intended to guide flood mitigation efforts for the next 50 years and help inform the expenditure of potentially billions of dollars during that time. The larger report has many good points. But Appendix F is seriously flawed. I hope the partners – City of Houston, SJRA, Montgomery County, HCFCD and their consultants – fix it before lasting damage is done.

Posted by Bob Rehak on 1/28/2021

1248 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.

HGAC Honors Bayou Land Conservancy with Award for Strategic Conservation Plan

Since 1996, Bayou Land Conservancy (BLC) has been a land and water conservation leader. In 2019, BLC developed a Strategic Conservation Plan to continue that tradition for the next twenty years. This plan identified lands with the greatest positive impact on flood control, water quality, and wildlife habitat in the region. 

About the HGAC Awards

H-GAC selected the Plan for recognition in its annual Parks and Natural Areas Award Program, which began in 2006 to highlight best practices and innovative approaches to parks planning and implementation.

H-GAC honors projects in the categories of Projects Over $500,000, Projects Under $500,000, Planning Process, and Policy Tools. BLC received special recognition in the Planning Category. Projects recognized by this awards program are selected by a panel of expert judges and industry professionals.

Photo courtesy of Bayou Land Conservancy

About Bayou Land Conservancy

Bayou Land Conservancy’s mission is to preserve land along streams for flood control, clean water, and wildlife. They envision a protected network of green spaces that connect people and nature. Although a small organization, BLC aims to have a large impact on land conservation, stewardship, and community engagement. Strategic planning is critical to achieving these goals.

Becky Martinez, BLC Conservation Director, explains, “We developed a strategic conservation plan to better prioritize our land conservation projects. The plan is a great tool to direct BLC’s community supported conservation projects. Though Houston feels very urban, there are many beautiful and beneficial natural places around us.”

The goals of the SCP were to identify and describe important areas for BLC to protect and create a plan of action toward their conservation.

Having reviewed the entire plan, I must say that the rigor and discipline used by BLC matches the organization’s dedication and enthusiasm. There’s a reason BLC has thrived for more than 25 years while other groups have come and gone. BLC currently preserves more than 14,000 acres across six counties from Houston to Huntsville.

The Hundred Thousand Acre Opportunity

BLC’s land preservation improves the quality of life for over five million people living in the greater Houston area. The strategic conservation plan identified approximately 100,000 acres of very high priority lands where preservation will have the greatest positive impact on flood resiliency, water quality, and wildlife habitat.

“When floodplains are left in their natural state or undeveloped, they can mitigate flooding by absorbing stormwater before it can inundate houses and businesses,” said Martinez. “Natural corridors along streams also filter runoff and rainwater, safeguarding our drinking water supply. By strategically focusing on these areas, BLC is able to maximize the benefits of land preservation and increase the community’s feeling of safety.”

The SCP also prioritizes land ideal for recreation and environmental education opportunities adjacent to existing parks and other protected spaces and trails.

But without the support of conservation-minded people, a plan is just a plan. Help put it into action. Support the Bayou Land Conservancy.

In the 1247 Days since Hurricane Harvey, I’ve posted hundreds of articles about threats to sensitive areas that could help reduce flooding. Here’s an easy way to help preserve those areas and enjoy them at the same time.

Learn More

Bayou Land Conservancy and other winners will be honored during an online celebration at 9 a.m. February 5, 2021. The event is free and open to the public. Registration is required at https://zoom.us/meeting/register/tJEsfuqvrT4pHdK8RmnQPh01-XzROD0yEY98

For more information about The Strategic Conservation Plan visit https://www.bayoulandconservancy.org/strategic-conservation-plan. Or click here to review the entire plan.

For more information about H-GAC’s Parks and Natural Area Awards, visit http://www.h-gac.com/parks-and-natural-areas/awards.aspx

Posted by Bob Rehak on January 27, 2021

1247 Days since Hurricane Harvey