Often, I post about sand mines or developments that encroach on floodplains and floodways to the detriment of people downstream. But when I learned of this story, it made me extremely happy. The Bayou Land Conservancy (BLC) announced last week that Joe Swinbank and Don Poarch, partners at Sprint Sand & Clay, have donated 117 acres of unspoiled wetlands to the organization. The land borders Spring Creek in Tomball, north of Lone Star College and Harris County Precinct 4’s Spring Creek Park. It will have a significant impact on conservation, according to the BLC.
Natural wetlands on the tract donated to BLC by Swinbank and Poarch. This and all photos below are courtesy of the Bayou Land Conservancy.
“We are excited to own this ecologically rich nature preserve that will help us connect the community to the benefits of land conservation”, said BLC board chair Lisa Lin. “This donation will benefit the community for many generations, and be an enduring legacy of the incredible generosity of Mr. Swinbank and Mr. Poarch.”
Spring Creek meanders along the property’s southern border.
Ecologically rich wetlands such as these help retain water during floods, reducing the impact on downstream residents.
Land Originally Purchased for Mining
“As the greater Houston area continues to grow at a rapid pace, striking a healthy balance between land preservation and land development has never been more important as we seek to protect the many economic and community benefits we all enjoy,” Swinbank said. “The Bayou Land Conservancy’s extensive network of preserved trails and waterways just minutes from Houston is impressive in its form and function—a model of what can be achieved when community stakeholders work together. We’re proud to partner with the Conservancy to continue these important environmental efforts and extend BLC’s preserved trails and waterways west into the Tomball area.”
Don Poarch echoed his partner’s sentiments in acknowledging the award. “We’re grateful for the recognition as this year’s Conservation Champions and happy to continue to champion the BLC and its important mission to preserve these lands for natural flood control, cleaner water and wildlife protection,” Poarch said. “On behalf of our entire team at Sprint Sand & Clay, Joe and I hope this land along Spring Creek enhances the community with protected green space while providing beautiful trails and waterways for people to reconnect with nature and each other.”
Family History Led to Donation
Beyond the positive environmental and community impact, the land in Tomball has personal significance to Swinbank and his family. “My wife was raised in the area, and her extended family has deep roots in Tomball and Rosehill going back to the area’s original German settlers,” Swinbank added. “My family and I couldn’t be happier that the Conservancy will ensure this land is preserved and protected for generations to come.”
Location of new preserve
Online Gala to Honor Conservationists Nov. 13
BLC will honor Swinbank and Poarch at its annual Annual Land Lover Gala as Conservation Champions. The Gala will be held virtually this year from 6-7 pm on Friday, November 13th. More information about the event can be found here. Wildlife film maker Ben Masters will be the keynote speaker. Mark your calendar.
No-Cost Gala Great Way to Learn More About BLC
Because of COVID, BLC’s net proceeds will likely be down this year. There’s no cost to attend the virtual event. “We’d just like to encourage people to join us,” said Jill Boullion, Executive Director of the BLC.
On a personal note, I will say this. The Bayou Land Conservancy and its committed staff stand tall among many worthy conservation groups in the Lake Houston Area. Their cooperative strategy is simple.
They put conservation easements on environmentally important land that is bought or donated so that it serves its natural function. They make a huge difference and deserve everyone’s support.
Bayou Land Conservancy protects land along streams for flood control, clean water, and wildlife. BLC is a nationally accredited, community-sponsored land preservation organization working to permanently protect land, with a focus on the streams that feed Lake Houston, an important source of drinking water for millions in the region. More information is available at: www.bayouland.org.
Posted by Bob Rehak on 10/31/2020
1159 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/10/20190627-Poarch-Swinbank-22-2019-6-27.jpg?fit=1200%2C900&ssl=19001200adminadmin2020-10-31 14:30:112020-10-31 20:53:56Sand Miners Donate 117 Acres of Unspoiled Wetlands Along Spring Creek to Bayou Land Conservancy
Today, October 30, 5:00 p.m. is the deadline to send testimony to the Texas House of Representatives Interim Committee on Aggregate Production Operations (APOs). The committee is looking into production practices of sand mines and other types of APOs across Texas.
If you haven’t yet submitted comments, please take time to put something together—even if it’s just a few paragraphs!
Write about how YOU personally have been or will be impacted by sand mines. Pick one or two of these key issues that will most affect you personally:
???? Air quality ???? Water quality, use and availability ???? Surface and ground water contamination and flooding ???? Rapid development of APOs without adequate regulatory oversight, mine planning, or reclamation ???? Truck traffic ???? Nuisance issues: blasting, noise, odor, visible blight ???? Economic impacts, devaluation of property
How to Submit Comments
When you are ready to submit your testimony, email it to jeff.frazier_hc@house.texas.gov (jeff DOT frazier UNDERSCORE hc) or press the link below. Make sure to include:
Your name
Address
Phone number
Testimony in attachment (PDF preferred, Word Document OK, preferably five pages or less)
Sand mining is necessary to make concrete and support growth. No one wants to put sand miners out of business. People do, however, have legitimate issues with egregious sand-mining practices.
They want sand produced in a manner that respects public safety, health, homes, and the environment.
Since starting this website I have created more than 200 posts about problems with the way sand mining is actually practiced in the Houston Area, and how dangerous practices contribute to flooding. To learn more, use the search phrase “sand mines” or see the index page. Here are some examples.
Sand mining in floodways on West ForkDischarging industrial waste water into the public drinking water supplyAnother discharge of industrial wastewater into the headwaters of Lake HoustonFailure to stabilize soil or restore land to alternative us after abandonment of mine.Mining too close to natural gas pipeline and exposing itEndangering five pipelines carrying highly volatile liquids near the West Fork San JacintoWest Fork sand dune deposited during Harvey downstream from 20-square miles of mines in floodway. It contributed to the flooding of more than 7,000 structures.River mining without a permitFlooding adjacent property with floodwaterBarely plugged breach near LMI mine on West ForkPumping wastewater into wetlands
Don’t tolerate sand-mining practices that jeopardize your home, family and community. Write today.
Posted by Bob Rehak on 10/30/2020
1158 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/2020/05/20191104-RJR_4147.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-10-30 14:58:542020-10-30 15:23:05Submitted Your Sand Mine Testimony Yet?
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.
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.
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.
“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.
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.
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.
Manjari Enterprises LLC
Texas Concrete Enterprise, L.L.C.
Asam LLC
Texas Concrete Enterprise – II, LLC
Shree Radha, LLC
Texas Concrete Enterprise – IV, L.L.C.
Texas Concrete Sand and Gravel, Inc.
Plum Grove Material, Inc.
Rohini Enterprises Inc.
JSR Materials, Inc.
Bright Star Stores, Inc.
US Readymix Inc.
US Fracsand, LLC
Rama Krishna 2, LLC
Texas Frac Sand Materials, Inc.
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/10/20201025-DJI_0966.jpg?fit=1200%2C900&ssl=19001200adminadmin2020-10-29 22:04:442020-10-30 12:52:27Sand Miner Takes Over Troubled Porter Mine While Still Violating TCEQ Regs at Plum Grove Mine
Sand Miners Donate 117 Acres of Unspoiled Wetlands Along Spring Creek to Bayou Land Conservancy
Often, I post about sand mines or developments that encroach on floodplains and floodways to the detriment of people downstream. But when I learned of this story, it made me extremely happy. The Bayou Land Conservancy (BLC) announced last week that Joe Swinbank and Don Poarch, partners at Sprint Sand & Clay, have donated 117 acres of unspoiled wetlands to the organization. The land borders Spring Creek in Tomball, north of Lone Star College and Harris County Precinct 4’s Spring Creek Park. It will have a significant impact on conservation, according to the BLC.
“We are excited to own this ecologically rich nature preserve that will help us connect the community to the benefits of land conservation”, said BLC board chair Lisa Lin. “This donation will benefit the community for many generations, and be an enduring legacy of the incredible generosity of Mr. Swinbank and Mr. Poarch.”
Land Originally Purchased for Mining
“As the greater Houston area continues to grow at a rapid pace, striking a healthy balance between land preservation and land development has never been more important as we seek to protect the many economic and community benefits we all enjoy,” Swinbank said. “The Bayou Land Conservancy’s extensive network of preserved trails and waterways just minutes from Houston is impressive in its form and function—a model of what can be achieved when community stakeholders work together. We’re proud to partner with the Conservancy to continue these important environmental efforts and extend BLC’s preserved trails and waterways west into the Tomball area.”
Don Poarch echoed his partner’s sentiments in acknowledging the award. “We’re grateful for the recognition as this year’s Conservation Champions and happy to continue to champion the BLC and its important mission to preserve these lands for natural flood control, cleaner water and wildlife protection,” Poarch said. “On behalf of our entire team at Sprint Sand & Clay, Joe and I hope this land along Spring Creek enhances the community with protected green space while providing beautiful trails and waterways for people to reconnect with nature and each other.”
Family History Led to Donation
Beyond the positive environmental and community impact, the land in Tomball has personal significance to Swinbank and his family. “My wife was raised in the area, and her extended family has deep roots in Tomball and Rosehill going back to the area’s original German settlers,” Swinbank added. “My family and I couldn’t be happier that the Conservancy will ensure this land is preserved and protected for generations to come.”
Online Gala to Honor Conservationists Nov. 13
BLC will honor Swinbank and Poarch at its annual Annual Land Lover Gala as Conservation Champions. The Gala will be held virtually this year from 6-7 pm on Friday, November 13th. More information about the event can be found here. Wildlife film maker Ben Masters will be the keynote speaker. Mark your calendar.
No-Cost Gala Great Way to Learn More About BLC
Because of COVID, BLC’s net proceeds will likely be down this year. There’s no cost to attend the virtual event. “We’d just like to encourage people to join us,” said Jill Boullion, Executive Director of the BLC.
On a personal note, I will say this. The Bayou Land Conservancy and its committed staff stand tall among many worthy conservation groups in the Lake Houston Area. Their cooperative strategy is simple.
Bayou Land Conservancy protects land along streams for flood control, clean water, and wildlife. BLC is a nationally accredited, community-sponsored land preservation organization working to permanently protect land, with a focus on the streams that feed Lake Houston, an important source of drinking water for millions in the region. More information is available at: www.bayouland.org.
Posted by Bob Rehak on 10/31/2020
1159 Days since Hurricane Harvey
Submitted Your Sand Mine Testimony Yet?
Today, October 30, 5:00 p.m. is the deadline to send testimony to the Texas House of Representatives Interim Committee on Aggregate Production Operations (APOs). The committee is looking into production practices of sand mines and other types of APOs across Texas.
Write About Your Experience
Written comments will be evaluated and considered by the committee when they make their decisions.
If you haven’t yet submitted comments, please take time to put something together—even if it’s just a few paragraphs!
Write about how YOU personally have been or will be impacted by sand mines. Pick one or two of these key issues that will most affect you personally:
???? Air quality
???? Water quality, use and availability
???? Surface and ground water contamination and flooding
???? Rapid development of APOs without adequate regulatory oversight, mine planning, or reclamation
???? Truck traffic
???? Nuisance issues: blasting, noise, odor, visible blight
???? Economic impacts, devaluation of property
How to Submit Comments
When you are ready to submit your testimony, email it to jeff.frazier_hc@house.texas.gov (jeff DOT frazier UNDERSCORE hc) or press the link below. Make sure to include:
Deadline is 5:00 p.m., Friday, October 30, 2020.
Not Choice Between Growth and Safety
Sand mining is necessary to make concrete and support growth. No one wants to put sand miners out of business. People do, however, have legitimate issues with egregious sand-mining practices.
Since starting this website I have created more than 200 posts about problems with the way sand mining is actually practiced in the Houston Area, and how dangerous practices contribute to flooding. To learn more, use the search phrase “sand mines” or see the index page. Here are some examples.
Don’t tolerate sand-mining practices that jeopardize your home, family and community. Write today.
Posted by Bob Rehak on 10/30/2020
1158 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.
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.
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.
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:
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.
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.
An excavator, dredge, shed, other abandoned equipment, plus bacteria- and scum-laden ponds remain. See photos below.
Photos Taken 10/25/2020
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.
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?
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.”
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.
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.