Sand Mine Continues to Push Its Luck by Mining Over and Between Pipelines

Last year, the flood during Tropical Storm Imelda washed out the sand supporting a natural gas pipeline running across an easement through the Triple PG Sand Mine in Porter. Luckily, Kinder Morgan (KM) shut the line down before anyone was hurt. KM then drilled 75 feet under the mine and spliced in a new section. But now Triple PG is mining over the new section, once again eroding the the public’s margin of safety.

Of course, it’s possible that the miners won’t get down to 75 feet. But TACA and some West Fork sand mines say they routinely mine 100 feet down.

Eroding Margin of Safety

Just as bad, they’re mining toward five pipelines carrying highly volatile liquids (HVL), potentially exposing them in the next flood, just like they were on the West Fork at the LMI River Road Mine.

The Kinder Morgan natural gas line runs diagonally between the trees in the foreground, parallel to helicopter skid in the lower left. Five HVL pipelines run in the utility corridor in the background.
Here’s how that same area looked after Imelda on 9/27/2019, when Caney Creek (right) had flowed through the mine.

Shortly before Harvey, the sand mine started mining next to the road cutting diagonally from top left to bottom right. Then, Harvey flowed through the mine, creating much of the erosion you see here.

Two years later, Imelda cut through the mine again, extending the erosion headward to the point where it could threaten the HVL pipelines in the utility corridor near the top of the frame above during the next flood.

In two years, the headward erosion cut toward the pipelines by 2000 feet.

Triple PG Already Operating Under Injunction

The sand mine sits at the confluence of two floodways and floods repeatedly.

On October 11, 2019, the State Attorney General at the request of the TCEQ, filed a temporary restraining order and temporary injunction against the sand mine. Repeated breaches of its dikes which had gone unrepaired allowed process wastewater to escape directly into the headwaters of Lake Houston. The issue even became part of the last Mayoral campaign when Tony Buzbee picked it up.

A Travis County Court set a trial date for 6/22/2020, but the trail has been delayed by COVID. Shortly after the Attorney General filed his suit, the owner of the mine, a cardiologist from Nacogdoches, tried to transfer ownership within his family’s companies and trusts.

The attorney general wound up suing all of them and the cardiologist’s attorney petitioned to withdraw from the case as counsel – a highly unusual move.

The case is still pending trial. Until then, the mine continues to operate under an injunction which prohibits it from dredging, but not dry mining.

Source: Travis County Clerk
Source: Travis County Clerk as of 9/30/2020

2020 will certainly go down in history as the year of living dangerously. A miner trying to push his luck is just one more thing we shouldn’t have to worry about…especially when he’s sitting on top of a huge stockpile of sand that he has barely touched in months.

No one has died yet. Hopefully they won’t. But if they do, it won’t take long for a lawyer to argue negligence and triple damages for the Triple PG owners. Of course, they will then likely declare bankruptcy and tuck tail back to Nacogdoches.

Posted by Bob Rehak on 9/30/2020

1128 Days since Hurricane Harvey and 377 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.

Bald Eagle Joins Protest of New Woodlands Development

Last Saturday morning (9/26/2020), Sally and JG Geis were out walking around Lake Woodlands. They came across a gathering of people protesting a proposed new development on Mitchell island in the lake.

The Woodlands Land Development Company, L.P., a subsidiary of Howard Hughes Corporation seeks to re-plat Mitchell Island in the center of the photo.

The protesters’ concerns centered around the re-platting of the development. They feared it would bring an increase in traffic, create demands on local infrastructure, and impact nesting eagles. The majestic raptors in The Woodlands have attracted birders and tourists for decades.

Higher Density Now Planned in Sensitive Area

The 23-acre island was originally platted for 19 homes with a minimum size of 7,000 square feet. The new plan consists of 58 high-end residential homesites, which will reportedly start at $1 million.

According to nearby residents, the new plan will affect a pair of nesting bald eagles which visit the area every year.

As if on cue, one of the eagles flew into a nearby tree to watch the protest.

Cell phone photo of bald eagle watching protest at entrance to Mitchell Island on Saturday. By Sally Geis.
Enlargement of eagle within previous photo. By Sally Geis.

Notice of October 1 Online Public Hearing

Public Notice of Project. Photo by Sally Geiss. According to the sign, the Planning Commission will hear virtual testimony starting at 2:30PM on October 1.

From 1+ acre lots to 10 foot lot lines. Note the credit line near the bottom. LJA Engineering! Wherever there is controversy, we seem to find LJA Engineering.

Trying to Beat the Clock on New Regs and Flood Maps?

After LJA rushed to get their plans for Woodridge Village approved before new Atlas-14 rainfall statistics went into effect, hundreds of homes in Elm Grove flooded. Is LJA trying to beat the clock once again before new regulations and floodplain maps go into effect?

This island sits within the extra-territorial jurisdiction of the City of Houston (CoH). So it must meet CoH floodplain requirements. The City and Harris County are trying to harmonize their floodplain regulations. Changes in those regulations could affect development on the island. Most of the island currently lies in the .2%-annual-chance floodplain. But portions lie in the 1%-annual-chance floodplain. See below. When new flood maps are redrawn, parts of that .2% floodplain could be reclassified as 1%.

Cross-hatched = floodway. Aqua = 1% annual chance of flooding. Brown = .2% annual chance. Source: FEMA National Flood Hazard Layer Viewer. Note: These zones could soon change because flood insurance maps are being redrawn.

Chapter 19 of the City Code currently requires minimum flood protection elevation of 2 feet above the 0.2 percent flood. However, the new plat does not show any retention ponds that could provide fill.

Proposed layout shows larger lots facing lake and smaller lots facing east where smaller homes already exist. For a high-resolution PDF of the entire plat, click here.

Elevating 58 homes will take lots of fill to meet the CoH minimum elevation requirement. Where will that fill come from? Outside the development? How will that affect the floodplain for surrounding homes? So many questions!

Let’s hope that the people in the City’s Planning and Development department have eyes as good as that eagle’s.

Posted by Bob Rehak on 9/29/2020

1127 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.

FEMA Group Flood Insurance from Harvey Expiring October 24

Harvey households with FEMA group flood insurance policies must buy standard policy by Oct. 24. Lack of coverage may affect eligibility for future disaster assistance.

Flooded Street by Julie Yandell. During Harvey.
Flooded Street during Harvey by Julie Yandell.

Three-Year Policies End in October

Approximately 6,690 Hurricane Harvey survivors have been notified that their Group Flood Insurance Policy (GFIP) will expire Oct. 24. These three-year policies end soon, so policyholders must plan now to switch to a standard flood insurance policy to ensure continuous flood insurance coverage.

Many people may not even know they have group flood insurance. FEMA provided the insurance to people awarded grants after Harvey and deducted the cost of the insurance from the amount of the grant.

Insurance a Condition for Future Disaster Assistance

Following the devastating disasters and hurricane season of 2017, FEMA purchased GFIP policies for thousands of disaster survivors whose homes were flooded. Part of the eligibility of receiving future financial assistance after a flood is that a homeowner or renter must obtain and maintain flood insurance to ensure that there is no lapse in coverage. If a property affected by a flood is sold, the new owners are required to have flood insurance for the property as well.

This means Harvey households who received a group policy need to purchase a new, standard flood insurance policy. Alternatively, they may obtain other flood insurance for at least the amount of assistance that they received for repairs and replacement of property. This keeps them eligible for future FEMA assistance. 

Those who received a GFIP policy as part of their FEMA disaster assistance after Harvey but don’t buy a standard flood insurance policy will likely not receive federal disaster assistance for home repairs if they experience another flood event. 

Flood Insurance Can Be Key to Recovery

Flood insurance policies are crucial to recover quickly following a flood event as homeowners and renters’ policies do not typically cover flood damage.

Additionally, flood insurance will pay claims regardless of whether there is a major disaster declaration. Flood insurance claims can be paid for such events as flash flooding, storm sewer backup, river overflow, storm surge, mudslides or tropical systems.

$69 Billion Paid by FEMA through NFIP

Since its inception in 1968, FEMA’s National Flood Insurance Program has paid more than $69 billion in flood claims to help survivors rebuild their lives following flood events.

How to Learn Your Status and Find an Agent

  • To find an insurance carrier or agent, visit FloodSmart.gov, or call FEMA NFIP Direct toll-free, (800) 638-6620, option 2.
  • For more information about the National Flood Insurance Program and or insurance, call the National Flood Insurance General Call Center at 800-427-4661.
  • If you have questions about your Group Flood Insurance Policy call the National Flood Insurance Direct Call Center at 800-638-6620.

To find out if you have a flood insurance requirement:

  • Call FEMA toll-free at 800-621-3362 (voice, 711/VRS – Video Relay Service) (TTY: 800-462-7585).
  • Multilingual operators are available (press 2 for Spanish).
  • The Texas Recovery Office GFIP Help Desk phone number is 877-503-6053.

If It Rains Where You Live, It Can Flood

Harvey impacted 41,500 square miles of Texas. If it rains, it can flood, which means all Texans should purchase or renew flood insurance policies. The 2020 hurricane season began June 1 and ends on November 30, but a policy protects you from financial losses from other flood events all year. Just 1 inch of water can cause $25,000 of damage to a home.

For additional information about Hurricane Harvey and Texas recovery, visit the:

Posted by Bob Rehak on 9/28/2020 with thanks for the reminder to Congressman Dan Crenshaw

1126 Days after Hurricane Harvey