The Texas Commission on Environmental Quality (TCEQ) has assessed a penalty of $19,063 against the Texas Concrete Plum Grove Plant at 7530 FM1010 in Cleveland, TX. The complaint stems from three incidents in 2019 and alleges unauthorized discharge of 40 million gallons of process wastewater; failure to keep proper and accurate water sampling records; and lack of soil stabilization at the site before abandonment. The complaint also alleges that one breach in the mine’s dike was 20-feet wide.
Unstabilized soil at abandoned Texas Concrete Mine. Photo taken April 21, 2020.Comparison with satellite images shows equipment has not moved since 12/1/2019.
Terms of “Proposed Agreed Order”
A “Proposed Agreed Order” dated April 14, 2020, spells out the basis for the alleged violations. Such orders represent a way for both Texas Concrete and the TCEQ to avoid the cost of litigation. The goals of the order: to reach a fair settlement under Texas law and force Texas Concrete to take corrective actions.
Unless Texas Concrete signs the order and pays the fine within 60 days, TCEQ will forward the case to its litigation division. The settlement offer then becomes void.
More Recent Alleged Violations
The enforcement action is in addition to a more recent investigation launched on April 28th of this year. The investigation alleged unauthorized discharge of water and lack of stabilization at the site. A TCEQ letter in response to an inquiry by State Representative Dan Huberty indicated that the investigator could not gain access to the site because no one was there. However, the investigator made limited visual observations from the property boundary. No processing activity was noted. There is no signage. And portions of the Site appear overgrown with vegetation.
The letter also indicates that TCEQ has tried to contact the site’s owner to gain access to the property for a proper investigation.
However, all communication efforts since April 28 have been unsuccessful.
Case Demonstrates Need for Performance Bonds for Reclamation
Calls to Texas Concrete’s headquarters in Houston by ReduceFlooding.com received a similar response. The person answering the company phone claimed they had no plant in Plum Grove. The person also said that she had never heard of Mr. Somaiah Kurre, the person listed as President of Texas Concrete Sand and Gravel, Inc. on the company’s permit. The phone of the plant’s manager had been disconnected.
The company’s web site indicates the Plum Grove Plant is still in operation, even though equipment on the site has not moved since December 1, 2019.
Ironically, Pit & Quarry magazine, and industry trade publication, featured the Texas Concrete Plum Grove Plant as a model for how to adapt to change. The article was dated January 16th of this year.
In the meantime, the plant represents a safety hazard to area children. The gate presents no real barrier to someone intent on trespassing. Pits on such mines can be 90 feet deep according to industry sources. And perimeter roads often collapse.
Such problems underscore the difficulty of getting operators to reclaim a mine when it becomes unprofitable. That’s why Texas should establish performance bonds that guarantee reclamation before the State grants a permit to begin mining.
“We will make sure they fix this,” said State Rep. Huberty. Huberty’s staff is already drafting more sand mining legislation for the session next year.
Posted by Bob Rehak on 5/7/2020
982 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/05/20200421-RJR_1225.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-05-07 13:03:272020-05-07 13:03:50TCEQ Levies $19,063 Fine Against Texas Concrete Plum Grove Plant
In the last week, contractors have finally started excavating the N1 detention pond at Woodridge Village. Work on the excavation of N2 continues. It also appears that they may have started prep work for excavating the N3 pond. See photos below.
The next Commissioners’ Court Meeting is set for May 19. The agenda for that meeting should be posted May 15.
Excavation Begins on N1 Pond (First Pond on Northern Section)
On May 5, 2020, Jeff Miller, an Elm Grove resident, noticed excavation activity near the Webb Street entrance to Perry Homes’ Woodridge Village. Engineers designated this area for the N1 (first northern) detention pond.
Photo Courtesy of Jeff Miller from Webb Street Entrance in Porter taken on 5/5/2020 shows excavation beginning on N1Closer photo by Miller from Webb Street Entrance also taken on 5/5/2020Wider shot by Miller on same date shows additional prep work on N1 site
Miller also shot this video on 5/6/2020, showing the progress contractors have made on the excavation in one day.
Video by Jeff Miller, Elm Grove resident on 5/6/2020.
N2 Excavation Continues
I took the shot below on May 1 with a telephoto lens from the north end of Village Springs in Elm Grove. It shows excavation work continuing on the N2 pond.
Excavation work on N2. Photo taken on 5/1/2020.
Additional Work in Area of N3 Pond
Additional work near area of N3. This excavator was loading up three dump trucks on May 1, 2020. The dump trucks hauled dirt back to the soupy portion of the Woodridge Villages northern section, then circled back.
On May 5th, Jeff Miller photographed the N3 area from a closer vantage point. It appears only the surface layer has been scraped off so far.
Photo of N3 area courtesy of Jeff Miller taken on 5/5/2020.
Putting New Work in Context of Entire Project
Here’s the layout for the five Woodridge Village Detention Ponds. Contractors finished work on the two southern ponds earlier this year.
Woodridge Village has five detention ponds at various stages of completion.Northern ponds are now under construction. Southern ponds are completed.At the time of last year’s May flood, only S1 was complete. S2 was substantially completed by September’s flood. The northern ponds had not yet been started.
When the northern detention ponds are complete, the detention system will still not be fully functional because there are no streets or storm drains yet to funnel water into them. Still, some detention is better than no detention with hurricane season three weeks away and an above average season predicted.
The County hopes to meet with the City next week to discuss the donation of land. The County also reportedly feels that the four days between Perry Homes’ extended deadline (May 15) and the next commissioners’ court meeting (May 19) will not present a problem if the the City meets the conditions.
Posted by Bob Rehak on 5/6/2020with thanks to Jeff Miller
981 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/Detention-Ponds-Numbered-copy.jpg?fit=1500%2C1191&ssl=111911500adminadmin2020-05-06 17:23:192020-05-06 17:48:30Contractors Begin Excavation of N1 Detention Pond at Perry Homes’ Woodridge Village
Much of Romerica’s land lies between the Barrington in foreground and San Jacinto River in background. All 283 homes in Barrington flooded during Harvey.
Of the ten concerns listed in a letter to the permit applicant, only one had to do with flooding. And that came from Harris County Flood Control, not the City. Nine other concerns had to do with street spacing and layouts or labelling.
Half of Land in Floodway
Half of Orchard Seeded Ranches is in the floodway (below red line) of the San Jacinto West Fork. That line will shift north on new flood maps.
Half of the land lies in the floodway of the West Fork. The other half lies in the hundred-year floodplain. The development would be built on the same property that Romerica tried to get approved last year. The company wanted to build a series of high rises and 5,000 condominiums. That proposal drew a record 770 letters of protest to the Army Corps. Despite all that…
The Planning Commission document indicates that the City Engineer had no comments on the proposal.
Only Harris County Flood Control Raises Serious Objections
Harris County Flood Control District (HCFCD) recommended deferral of any approvals until the master drainage plan for the development is reviewed. HCFCD also said, “This area has historically been prone to flooding with numerous home buyouts immediately to the west. The Flood Control District, City of Houston, Montgomery County, and San Jacinto River Authority are working on a planning study to reduce flood risk in this area.”
Part of that plan will include new flood surveys. They will likely show the floodway expanding to take in an even greater percentage of Romerica’s property.
Gear Up for Another Lengthy Fight
It should not take the developer much time to address City’s concerns. It’s unclear at this time whether the City will heed the HCFCD’s concerns.
As a result, this controversy could wind up back in the hands of the Army Corps and/or the US Fish and Wildlife Service again. Last year, the Fish and Wildlife Service wrote an uncharacteristically frank recommendation to the Corps, urging the Corps to deny Romerica’s permit. Their reasoning had to do with the value of wetlands on the property and the presence of American Bald Eagles, a protected species.
Bald eagle photographed adjacent to Romerica property in February, 2020.
In the meantime, the developer may realize that it still faces an uphill struggle even with City approval. Perhaps they will come to their senses and sell this land to a group or groups that wish to preserve it as green space for flood control and recreation.
Light pole by westernmost Romerica property as Harvey receded. Photo by Jim Balcom.
As if to underscore the value of that proposition, the Bayou City Initiative today announced a virtual meeting to discuss the difficulty of mass evacuations and sheltering during the hurricane season as the COVID crisis continues. Remember that most of this land was under 20+ feet of water during Harvey.
Posted by Bob Rehak on 4/5/2020
980 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/05/20191104-RJR_4025-2.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-05-05 18:27:402020-05-05 18:46:04Planning Commission Concerns About Romerica Land Seem More Procedural than Flood-Related
TCEQ Levies $19,063 Fine Against Texas Concrete Plum Grove Plant
The Texas Commission on Environmental Quality (TCEQ) has assessed a penalty of $19,063 against the Texas Concrete Plum Grove Plant at 7530 FM1010 in Cleveland, TX. The complaint stems from three incidents in 2019 and alleges unauthorized discharge of 40 million gallons of process wastewater; failure to keep proper and accurate water sampling records; and lack of soil stabilization at the site before abandonment. The complaint also alleges that one breach in the mine’s dike was 20-feet wide.
Terms of “Proposed Agreed Order”
A “Proposed Agreed Order” dated April 14, 2020, spells out the basis for the alleged violations. Such orders represent a way for both Texas Concrete and the TCEQ to avoid the cost of litigation. The goals of the order: to reach a fair settlement under Texas law and force Texas Concrete to take corrective actions.
More Recent Alleged Violations
The enforcement action is in addition to a more recent investigation launched on April 28th of this year. The investigation alleged unauthorized discharge of water and lack of stabilization at the site. A TCEQ letter in response to an inquiry by State Representative Dan Huberty indicated that the investigator could not gain access to the site because no one was there. However, the investigator made limited visual observations from the property boundary. No processing activity was noted. There is no signage. And portions of the Site appear overgrown with vegetation.
The letter also indicates that TCEQ has tried to contact the site’s owner to gain access to the property for a proper investigation.
Case Demonstrates Need for Performance Bonds for Reclamation
Calls to Texas Concrete’s headquarters in Houston by ReduceFlooding.com received a similar response. The person answering the company phone claimed they had no plant in Plum Grove. The person also said that she had never heard of Mr. Somaiah Kurre, the person listed as President of Texas Concrete Sand and Gravel, Inc. on the company’s permit. The phone of the plant’s manager had been disconnected.
The company’s web site indicates the Plum Grove Plant is still in operation, even though equipment on the site has not moved since December 1, 2019.
Ironically, Pit & Quarry magazine, and industry trade publication, featured the Texas Concrete Plum Grove Plant as a model for how to adapt to change. The article was dated January 16th of this year.
In the meantime, the plant represents a safety hazard to area children. The gate presents no real barrier to someone intent on trespassing. Pits on such mines can be 90 feet deep according to industry sources. And perimeter roads often collapse.
Such problems underscore the difficulty of getting operators to reclaim a mine when it becomes unprofitable. That’s why Texas should establish performance bonds that guarantee reclamation before the State grants a permit to begin mining.
“We will make sure they fix this,” said State Rep. Huberty. Huberty’s staff is already drafting more sand mining legislation for the session next year.
Posted by Bob Rehak on 5/7/2020
982 Days after Hurricane Harvey
Contractors Begin Excavation of N1 Detention Pond at Perry Homes’ Woodridge Village
In the last week, contractors have finally started excavating the N1 detention pond at Woodridge Village. Work on the excavation of N2 continues. It also appears that they may have started prep work for excavating the N3 pond. See photos below.
All this comes:
The next Commissioners’ Court Meeting is set for May 19. The agenda for that meeting should be posted May 15.
Excavation Begins on N1 Pond (First Pond on Northern Section)
On May 5, 2020, Jeff Miller, an Elm Grove resident, noticed excavation activity near the Webb Street entrance to Perry Homes’ Woodridge Village. Engineers designated this area for the N1 (first northern) detention pond.
Miller also shot this video on 5/6/2020, showing the progress contractors have made on the excavation in one day.
N2 Excavation Continues
I took the shot below on May 1 with a telephoto lens from the north end of Village Springs in Elm Grove. It shows excavation work continuing on the N2 pond.
Additional Work in Area of N3 Pond
On May 5th, Jeff Miller photographed the N3 area from a closer vantage point. It appears only the surface layer has been scraped off so far.
Putting New Work in Context of Entire Project
Here’s the layout for the five Woodridge Village Detention Ponds. Contractors finished work on the two southern ponds earlier this year.
When the northern detention ponds are complete, the detention system will still not be fully functional because there are no streets or storm drains yet to funnel water into them. Still, some detention is better than no detention with hurricane season three weeks away and an above average season predicted.
City Still Needs to Meet Two Conditions
Perry Homes swears that the work being done now will not affect the purchase price if the County makes a decision on the property by May 15th. At their last meeting, commissioners made the purchase contingent on the City of Houston:
The County hopes to meet with the City next week to discuss the donation of land. The County also reportedly feels that the four days between Perry Homes’ extended deadline (May 15) and the next commissioners’ court meeting (May 19) will not present a problem if the the City meets the conditions.
Posted by Bob Rehak on 5/6/2020 with thanks to Jeff Miller
981 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.
Planning Commission Concerns About Romerica Land Seem More Procedural than Flood-Related
Last week, the Houston Planning Commission deferred approval of the General Plan for Romerica’s Orchard Seeded Ranches in Kingwood. A City of Houston Planning and Development Department document obtained this afternoon suggests that concerns about the West Fork development may have been more procedural than flood-related.
Half of Land in Floodway
Half of the land lies in the floodway of the West Fork. The other half lies in the hundred-year floodplain. The development would be built on the same property that Romerica tried to get approved last year. The company wanted to build a series of high rises and 5,000 condominiums. That proposal drew a record 770 letters of protest to the Army Corps. Despite all that…
Last week it appeared that the balance of power might be shifting at City Hall from developers to flood-weary residents. This week, it appears the other way around.
Only Harris County Flood Control Raises Serious Objections
Harris County Flood Control District (HCFCD) recommended deferral of any approvals until the master drainage plan for the development is reviewed. HCFCD also said, “This area has historically been prone to flooding with numerous home buyouts immediately to the west. The Flood Control District, City of Houston, Montgomery County, and San Jacinto River Authority are working on a planning study to reduce flood risk in this area.”
Those partners should complete the San Jacinto Regional Watershed Master Drainage Plan final report by September this year.
Part of that plan will include new flood surveys. They will likely show the floodway expanding to take in an even greater percentage of Romerica’s property.
Gear Up for Another Lengthy Fight
It should not take the developer much time to address City’s concerns. It’s unclear at this time whether the City will heed the HCFCD’s concerns.
As a result, this controversy could wind up back in the hands of the Army Corps and/or the US Fish and Wildlife Service again. Last year, the Fish and Wildlife Service wrote an uncharacteristically frank recommendation to the Corps, urging the Corps to deny Romerica’s permit. Their reasoning had to do with the value of wetlands on the property and the presence of American Bald Eagles, a protected species.
In the meantime, the developer may realize that it still faces an uphill struggle even with City approval. Perhaps they will come to their senses and sell this land to a group or groups that wish to preserve it as green space for flood control and recreation.
As if to underscore the value of that proposition, the Bayou City Initiative today announced a virtual meeting to discuss the difficulty of mass evacuations and sheltering during the hurricane season as the COVID crisis continues. Remember that most of this land was under 20+ feet of water during Harvey.
Posted by Bob Rehak on 4/5/2020
980 Days since Hurricane Harvey