Sand Miner Takes Over Troubled Porter Mine While Still Violating TCEQ Regs at Plum Grove Mine

A year after the Texas Commission on Environmental Quality (TCEQ) filed a notice of enforcement against a Plum Grove sand miner named Somaiah Kurre, it appears that Kurre still has not complied with TCEQ regulations to restore his abandoned mine. However, he has found time to take over operations at the troubled Triple PG Sand Mine in Porter. The Texas Attorney General is already suing the Porter mine. This raises two serious public policy issues.

Should miners who leave behind environmental issues at one site be allowed to operate another before fixing problems at the first?

Permits Without Performance

It also calls into question state regulations that allow sand mines to obtain operating permits without forcing them to restore mines to nature or alternative uses when done.

Other states force mines to post performance bonds for reclamation before issuing the initial permit to construct a mine. If they restore the land when done mining, they get their money back. If they don’t, the state can use it to cover the cost of cleanup without forcing taxpayers to foot the bill.

Performance bonds are common in the construction industry.

Texas should adopt a performance-bond policy. This case shows why.

Texas regulations state only that a mine needs a reclamation plan to get a permit. However, there are no regulations stating they must execute the plan.

When unscrupulous operators are done mining a site, there’s no reason for them to invest another penny in it.

Texas needs performance bonds and/or a “toxic legacy” law. Companies that abandon unsafe mines should be forbidden to operate anywhere else in the state. They just can’t be trusted.

Troubled History In Plum Grove

Texas Concrete Sand and Gravel, Inc., one of Mr. Kurre’s 16 companies, has a troubled history at its Plum Grove location. Before October 2019, TCEQ investigated it nine times for 17 alleged violations in four years. Twelve involved unauthorized discharges of industrial waste.

Previous alleged violations included failure to:

  • Prevent unauthorized discharge of industrial waste (7 investigations plus 5 complaints)
  • Renew registration
  • Document steps taken to address benchmark exceedances
  • Comply with record keeping and reporting requirements
  • Maintain compliance with permitted numeric effluent limitations
  • Sample water quality at designated outfalls.

Abandoned Without Compliance After Imelda

During Tropical Storm Imelda in September 2019, the mine’s dikes breached in four places. The mine discharged industrial wastewater and sediment into the San Jacinto East Fork. The East Fork empties into Lake Houston, the source of drinking water for 2 million Houstonians.

The company eventually fixed the breaches, but cancelled its Multisector General Permit (MSGP) and Aggregate Production Operation (APO) registration.

A company spokesperson told TCEQ investigators that the company had ceased all operations at the site.

However, the TCEQ report notes that terms of Texas-Concrete-Sand-and-Gravel’s permit still obligated the company to stabilize soil on the site or return it to an alternative post-mining use. A year later, that still hasn’t happened. Large portions of the site remain barren and disturbed.

No visible attempt has yet been made to stabilize soil, restore the land that needed it, or convert the site to an alternative use. So the company is still violating terms of its permit.

An excavator, dredge, shed, other abandoned equipment, plus bacteria- and scum-laden ponds remain. See photos below.

Photos Taken 10/25/2020

Abandoned stockpile shows signs of recent activity.
After a year with supposedly no activity, you would think some of this water would have clarified. Can you spot the five different colors of water in different ponds?
Dredge has not moved in months.
Working parts of dredge are crusted with rust.
Large part of site not stabilized. Tracks show trucks entering and leaving the mine, taking sand from the mine’s stockpile. But no signs or permits are posted at the site.

Provisions of Regulations and Permit

The requirements of the Texas Multi-Sector General Permit (MSGP) run more than 166 pages. But a TCEQ spokesperson summarized the relevant portions this way.

“The MSGP contains requirements … to terminate permit coverage after mining activity has ceased. The operator must demonstrate they have accomplished the final stabilization requirements: 1) completion of soil disturbing activities, 2) stabilization to minimize soil erosion, 3) ensuring stormwater runoff does not contribute to a violation of water quality standards, and 4) the site has been revegetated or left in the condition consistent with post-mining land use such as a nature park or lakes.”

“When operators have achieved final stabilization, they must submit a Notice of Termination which has been signed and certified by the responsible signatory authority as described in 30 TAC §305.44,” said the spokesperson.

The TCEQ spokesperson also said that Kurre, who fancies himself a startup impresario, is trying to negotiate payment terms for a $19,036 fine that TCEQ levied against him on April 14, 2020.

Encore Performance?

Meanwhile, another of Kurre’s companies, Texas Frac Sand Materials Inc., has taken over operations at the troubled Triple PG Sand Mine in Porter. It appears from a 9/8/2020 TCEQ investigation of that location that Kurre will operate, not own the mine.

The First Amended Petition in the Triple PG lawsuit by the Attorney General shows that Kurre took over operations at the Triple PG mine in April. However, the amended petition did not specify who the new operator was at the time.

The Texas Attorney General is suing the owners of the Triple PG Mine for more than a million dollars, plus up to $25,000 per day for the period that the mine discharged industrial wastewater into the headwaters of Lake Houston. Yep. Does this sound familiar? The Triple PG case (Cause No. D-1-GN-19-007086 in Travis County) has not yet gone to trial.

Ironically some of the alleged violations that the TCEQ charged Mr. Kurre with in Plum Grove are identical to the charges that the Attorney General lodged against the Triple PG mine in Porter.

The Many Faces of Somaiah Kurre

A search for corporate listings associated with Kurre’s name in the Texas Secretary of State database shows that he controls – wholly or partially – 16 businesses.

  1. Manjari Enterprises LLC
  2. Texas Concrete Enterprise, L.L.C.
  3. Asam LLC
  4. Texas Concrete Enterprise – II, LLC
  5. Shree Radha, LLC
  6. Texas Concrete Enterprise – IV, L.L.C.
  7. Texas Concrete Sand and Gravel, Inc.
  8. Plum Grove Material, Inc.
  9. Rohini Enterprises Inc.
  10. JSR Materials, Inc.
  11. Bright Star Stores, Inc.
  12. US Readymix Inc.
  13. US Fracsand, LLC
  14. Rama Krishna 2, LLC
  15. Texas Frac Sand Materials, Inc.
  16. Texas Concrete Sand and Gravel Enterprise, Inc.

Along the East Fork, Kurre owns or operates mines in San Jacinto, Liberty, Montgomery and Harris Counties. That possibly qualifies him as the largest operator on the East Fork.

Toxic Legacy?

Note unusual blue-green color in pond – a likely indicator of potentially dangerous bacteria.

According to the TCEQ, the color of that blue-green pool on the right in the photo above indicates that it is likely filled with cyanobacteria. Cyanobacteria can produce cyanotoxins. And the CDC says that cyanotoxins are “among the most powerful natural poisons known. They can make people, their pets, and other animals sick. Unfortunately, there are no remedies to counteract the effects.”

Pond near entry road.
Not quite a nature park! Texas Concrete’s legacy in Plum Grove. No identifying signs or permits are posted at the entrance to the site, despite the truck traffic.

Sites like this can unnaturally accelerate the buildup of sediment dams in rivers. Not only do they expose sand, they expose it in the floodways of rivers and streams. After Imelda, a huge sand bar set up at the mouth of the San Jacinto East Fork . It contributed to flooding of nearby residents. The public will have to pay to remove it.

East Fork Mouth Bar after Imelda. Before Imelda, this area was 18 feet deep. Boaters say the deepest part of the channel is now three feet.

Posted by Bob Rehak on 10/29/2020

1157 Days after Hurricane Harvey and 405 since Imelda

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.

October 2020 Regional Flood Mitigation Update

Flood mitigation is a complex process with hundreds of moving parts, all dependent on each other. When you focus intensely on the pieces, periodically it helps to review how they fit together. Only when you do this can you see progress toward your goals. In that spirit, I created this presentation. It has a Kingwood slant, but really addresses the whole Lake Houston Area. Everything connects.

What Caused Flooding

First, let’s look at what caused the flooding during Harvey and other recent storms…apart from record rainfalls.

The rain fell on a landscape that was ill-prepared the handle it.

Look at flooding like a process engineer. There’s always a bottleneck in the system somewhere between the sky and Galveston Bay. Both local and regional issues contributed to the magnitude of the Harvey and Imelda disasters.

Underestimating Rainfall Meant Underpreparing

When we built communities, such as Kingwood, we underestimated the amount of rainfall we could get. After four so-called 500 year rains in five years, we’re now working with higher rainfall precipitation frequency estimates (called Atlas 14). For this area, the 100-year rain is about 30-40% higher than the previous standard. That means floodplains will soon expand when new flood maps are released. Some people in the 500-year floodplain will find themselves in the 100-year. And people in the 100-year may find themselves in the floodway of rivers and streams. Unless we do something.

Lake Conroe Release Coincided with Downstream Peaks

On top of record rainfalls, during Harvey, the SJRA released water from Lake Conroe at a time that coincided with downstream peaks from other tributaries. The release by itself would have created the ninth largest flood in West Fork history. It comprised about one third of all the water coming down the West Fork.

Population Growth in MoCo

On top of that, Montgomery County has seen tremendous population growth in the last decade. Conroe was the fastest growing city in America in 2017 and is still #6. The county itself is the second fastest growing in the region.

Bad Development Practices

Combine the rapid growth in impervious cover with bad development practices and you are laying the groundwork for disaster. The bad development practices include lack of detention, clearcutting huge areas before detention is installed, and calculating detention for the old rainfall standards knowing that higher standards will soon go into effect.

Out-of-Control Sand Mining

To pave the way for all that development, we’ve seen a huge increase in sand mining upstream in the last 25 years. Before 2011, unregistered, bootleg operators went unregulated. But even those who are registered don’t follow common-sense regulations common in other states, which protect the environment and downstream residents. For instance, they mine so close to the river that dikes frequently fail. As a result, they have contributed to a greater than than natural buildup of sediment in our rivers. After Harvey, the US Army Corps of Engineers found that the West Fork was 90% blocked just downstream from River Grove Park.

But the biggest blockage was where the West Fork meets Lake Houston. There, sediment drops out of suspension as the water slows. The sediment built up for decades, forming a mouth bar that backed water up during Harvey and contributed to the flooding of thousands of homes and businesses.

Flood Gate Disparity

Another factor contributing to flooding: Lake Conroe can release water 15 times faster than Lake Houston. That makes it difficult to lower lake levels in advance of a major storm. Storms have a nasty habit of veering away at the last minute. The small gates on Lake Houston mean you have to start lowering the lake far in advance. That raises the risk of wasting precious water. Larger gates would make managing lake levels easier.

Ditches, Streams Filling In

Finally, sediment built up in more places than the San Jacinto. It has also built up in the ditches and streams that lead to the river. This reduces convenance within neighborhoods. There’s less room to store water in streams, so it backs up into storm sewers and streets, and can eventually flood homes.

Four-Part Solution

Montgomery County has now adopted Atlas-14, the new rainfall standard. And residents are pushing commissioners to close loopholes that let developers get away without building detention. Residents are also working with the TCEQ and TACA to adopt better sand mining practices.

But what can we do to remedy the damage already done? Leaders in the Lake Houston Area identified a four-part strategy and are working with the SJRA, City of Houston, Montgomery County and Harris County Flood Control to implement it. Elements include:

  • Increasing upstream detention to reduce the volume of water coming downstream during floods
  • Dredging the river to remove sediment dams that back water up
  • Increasing the number of gates on the Lake Houston Spillway to release water faster
  • Restoring or expanding ditches to handle more water

Let’s look at each of those in a little more detail.

Upstream Detention

The Humble/Kingwood area sits at the tip of a funnel. 535 square miles in a seven-county region drain into Lake Houston.

The San Jacinto River Basin Master Drainage Study identified 16 potential detention projects to hold water back during major storms. However, they would cost roughly $3 billion to reduce damage by less than $1 billion. So that’s a stretch. FEMA evaluates projects based on their benefit/cost ratio.

The SJRA has already applied for a grant for a detention project on Caney Creek which empties into the east fork. But we also need something that can help offset releases from the Lake Conroe Dam on the West Fork. Next step: figure out the funding piece of the puzzle.

Dredging

We’ve already removed almost three million cubic yards of sediment from the West Fork. The third phase of West Fork dredging should wrap up shortly. But there’s still more work to do.

Luckily:

The slide below shows why we need additional dredging.

An 18-foot high underwater plateau exists between where the Army Corps stopped dredging on the West Fork and the FM1960 Bridge where scouring during Harvey reduced the channel depth.

The chart above shows the deepest part of the channel between those two areas. If left in place, this plateau will force flood water out of banks during floods. It will also trap sediment, negating the value of previous dredging efforts.

More Gates for Lake Houston

FEMA has conditionally approved up to approximately $50 million to increase the outflow capacity of Lake Houston. During Havey, the flow of water over the spillway was estimated at 11-13 feet. That’s reportedly higher than the flow over Niagra Falls.

The FEMA grant initially covers preliminary engineering and environmental surveys. If the benefit/cost ratio is positive, they will release the remainder of the funds for construction.

So far, engineers have identified five possible solutions. Each produces a different flood reduction benefit, but also comes with different costs and environmental issues.

The next step: to analyze the benefit/cost ratio of each and submit the results to FEMA.

We are six months into the first phase, scheduled to take a total of 18 months. Construction, if approved, will take another 18 months.

Ditch Restoration/Expansion

Harris County Flood Control District has studied area ditches for the last year or more. Results of their analyses are now complete.

In Kingwood, they identified nine projects and recommended two for immediate implementation that should improve drainage on a third tributary, Ben’s Branch.

Recommendations include expanding:

  • Kingwood Diversion Ditch to take water out of the Ben’s Branch watershed and also improve drainage from surrounding subdivisions from Woodland Hills down to the West Fork.
  • Taylor Gully – if a deal cannot be reached to purchase Woodridge Village and build a regional detention basin on it.

In addition, Flood Control and the City are looking at minor improvements to other ditches that back water up in places, for instance, at culverts under Kingwood Drive.

Goal: Restore 100-Year Level of Service

Engineers solving all these problems have a goal: to restore your home to what they call a 100-year level of service. That means if your home was built above the 100-year floodplain, it should not flood in a 100-year rain – based on new Atlas 14 standards. In places, sedimentation and upstream development have reduced the level of service to 2 years over time.

We need to restore the capacity of ditches, streams, the river and lake to handle 100-year rains. So we can get water from the sky to the Bay without it going through your living room.

While progress may feel painfully slow, many improvements have already been made.

For instance, in addition to dredging, Flood Control has divided Ben’s Branch up into five projects. Three are already complete:

A fourth project, to restore Ben’s Branch from Kingwood Drive north to Rocky Woods should start soon. And a fifth, to restore conveyance between the YMCA and the River, will follow.

How You Can Help

You can help by remaining engaged. Without public pressure, it’s easy for elected officials to ignore these problems and defer expensive solutions. Keep flood mitigation a high priority. Floods can strike at any time. We had four tropical systems barely miss us this year.

Posted by Bob Rehak on 10/27/2020

1155 Days since Hurricane Harvey and 404 since Imelda

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.

Above-Water Portion of Mouth Bar Could Be Gone by Christmas

At the current rate that crews are removing sand from the West Fork San Jacinto Mouth Bar, the remainder of the above-water portion of this once-behemoth sand bar could be gone by Christmas. See the two pictures below. The first taken after Harvey and the second taken today.

These two shots show the West Fork mouth bar two weeks after Harvey and todaymore than three years later.

Much Yet to Dredge

Of course, even when the above water portion of the Mouth Bar is removed, that will still leave a huge portion below the surface. However, all progress is welcome.

Like an iceberg, most of a sand bar exists below the waterline. Photo taken 10/26/2020. I can’t say with certainty that this is submerged sand, or water stirred up by dredging. It seems too uniform to be the latter. Compare the picture below looking toward the WLHP bridge from a slightly different position and note how irregular the stirred-up sediment looks. Also note that the picture above was taken upstream from the current dredging.

At the start of October, the above-water (sub-aerial) extent of the mouth bar was down to the width of one excavator. Two excavators are now working toward the middle from each end. See below.

Looking WNW toward the West Lake Houston Parkway Bridge and Kings Harbor. Taken 10/26/2020.
From the wet mark on this excavator’s arm, it looks as though they are excavating up to 10 feet below the waterline. The 10-foot estimate closely agrees with the profile chart below. Taken 10/26/2020.

Like an Iceberg, Most of a Sand Bar Exists Below Water

That’s significant progress given what we started with. But much sand remains below the surface.

Tim Garfield and RD Kissling, two leading geologists now retired from one of the world’s largest oil companies, mapped the depth of the river using sonar and depth poles. They found an underwater plateau exists in this region of the river. See chart below.

The blue line represents the water surface. The gold line indicates the deepest part of the channel as you move downstream from the WLHP bridge to the FM1960 bridge. Numbers on the left scale indicate water depth. Numbers on the bottom scale indicate distance in feet downstream from the WLHP bridge.

Plans for Next Phase Still Not Revealed

FEMA has approved dredging another million cubic yards. And Dan Huberty’s amendment to SB500 in the last legislature dedicated $30 million for dredging the West Fork Mouth Bar. The City is drawing up plans, but they have not been announced yet. The last time I talked to Stephen Costello about this, he said the City was leaning toward dredging a channel somewhere south of the mouth bar. But many details remained to be worked out, such as:

  • Method of dredging (hydraulic vs. mechanical)
  • Exact location
  • Channel width
  • Finding qualified contractors
  • Bidding
  • Determining a suitable placement area, etc.

More news when its available.

Posted by Bob Rehak on 10/26/2020

1154 Days after 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.