TPWD Investigates River Mining Without Permit on San Jacinto West Fork

A 7.5-acre point bar outside a San Jacinto West Fork sand mine has disappeared, the apparent victim of river mining. River mining is prohibited in many countries because of its dangers. Texas does not prohibit it, but taxes it at a higher rate than floodplain mining to discourage the practice. The dangers include:

  • Upstream and downstream erosion
  • Destruction of riverbanks and river properties
  • Undermining infrastructure (such as bridges and pipelines)
  • Increases in turbidity
  • Lowering of the water table
  • Loss of riparian vegetation.
Location of River Mining on West Fork Just South of Highway 99

No Permits on File With Key Regulatory Bodies

A check with the San Jacinto River Authority (SJRA), Texas Commission on Environmental Quality (TCEQ), and Texas Parks and Wildlife Division (TPWD) showed the following:

A TCEQ investigator has spoken to the Texas Parks & Wildlife Department (TPWD) Wetlands Conservation Program. “If the facility is digging in or very near the water’s edge,” said the TCEQ’s Jonathan Walling, “the facility would most likely need a permit from TPWD.”

Tom Heger of TPWD said Montgomery County Parks & Wildlife officials are investigating.

Compare the satellite image above to the shots below. Google Earth measurements show the sand bar that no longer exists was bigger than most of the pits in the mine itself.

Looking downriver, you can still see outlines of point bar and marks from excavator.
Close up of marks left by teeth of excavator.
Looking toward West Fork where point bar used be. Vehicle tracks lead back to mine behind camera position.
Pits created in the river.
Relationship of river mining to flood plain mine in background.
Well-used road between excavation and mine.
The disappearance of sand is not because of the seasonal release of water from Lake Conroe. Hundreds of bars both up and downstream appeared normal.
Google Earth shows the river to be approximately 350 feet wide at this point.

Texas Rules on River Mining

The State of Texas governs the taking of sand from rivers. See the regulations and laws on this FAQ page at: https://tpwd.texas.gov/faq/landwater/sand_gravel/. Key points include:

  •  If the stream is perennial (flows most of the time), or is more than 30 feet wide between the banks (even if it is dry most of the time), the State claims the bed and the sand and gravel in it as State-owned. 
  • A permit from the Texas Parks and Wildlife Department is required to “disturb or take” streambed materials from a streambed claimed by the State.

According to TPWD, the operator did not have a permit. In fact, no one on the entire San Jacinto river has a permit, according to TPWD.

How River Mining Degrades River Beds/Channels: Academic Insights

San Diego State University summarizes some of the issues associated with river mining. The paragraph below, taken from their excellent website, explains why most governments discourage river mining.

…bed degradation occurs when mineral extraction increases the flow capacity of the channel. A pit excavation locally increases flow depth and a barskimming operation increases flow width. Both conditions produce slower streamflow velocities and lower flow energies, causing sediments arriving from upstream to deposit at the mining site. As streamflow moves beyond the site and flow energies increase in response to the “normal” channel form downstream, the amount of transported sediment leaving the site is now less than the sediment carrying capacity of the flow. This sediment-deficient flow or “hungry” water picks up more sediment from the stream reach below the mining site, furthering the bed degradation process.

G. Mathias Kondolf of the University of California/Berkeley published this illustrated paper on the hungry water effect.

Professor Kondolf also published “Geomorphic and environmental effects of instream gravel
mining.” It contains an excellent, well documented discussion of the impacts of river mining.

SEDIMENT MINING IN ALLUVIAL CHANNELS: PHYSICAL EFFECTS AND MANAGEMENT PERSPECTIVES by M. RINALDI, B. WYZGA and N. SURIAN contains an thorough discussion of the dangers of river mining and public policy. (Warning: Copyrighted paper; costs $49.)

Mine Ownership

According to the TCEQ, the sand mine in the photos is called the Spring Wet Sand and Gravel Plant. Their registration database shows Multisource Sand And Gravel Co., Ltd. owns and operates it, under APO registration number AP0002459. Multisource Sand and Gravel Co. Ltd. is based in San Antonio at 126 East Turbo Drive. It is a subsidiary of Sage LLC. Lee C. McCarty and Benjamin Davis manage it from the Turbo Drive offices.  Daniel E. McCarty and Lee C. McCarty manage Sage.

The mine owners could not be reached for comment. Their phones went unanswered, perhaps because of the COVID crisis.

Posted by Bob Rehak on 4/23/2020

968 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.

River Grove Boat Launch Reopens

The River Grove Park boat launch has finally reopened. Hurricane Harvey sanded it in two and half years ago.

These were among the first boaters at River Grove after the opening. Further downstream, the river was crowded with personal watercraft.
Jet skis near Romerica property downstream from River Grove.
South of Kingwood Country Club, I spotted four more boats.

Here’s the history of the project to reopen River Grove.

Remember, River Grove is restricted to people with KSA stickers. River Grove is a private, not a public park. It’s restricted to Kingwood residents whose villages belong to KSA.

Hope you enjoy the great outdoors. The reopening of the boat launch has been a long time coming.

Just remember to be careful. There’s plenty of room for you and your boat out there on Lake Houston to practice social distancing…as you see in these photos.

Also remember that barges and dredges are still moving up and down the river. They can’t maneuver like you. So keep your distance.

Barges offloading spoils from mouth bar directly across river from River Grove Park.

Safety first, last and always.

Posted by Bob Rehak on 4/22/2020

967 Days after Hurricane Harvey

Perry Homes Extends Deadline for Woodridge Purchase as Construction Ratchets Up

J. Carey Gray, lawyer for Figure Four Partners, a Perry Homes subsidiary, sent a letter to Harris County, City of Houston and State officials on April 15th. The letter extends to May 15th the County’s deadline for pulling a deal together to purchase Woodridge Village.

Conditions for a Deal

At the last Commissioner’s Court meeting, Harris County requested two things before consummating a deal in addition to a deadline extension from Perry Homes:

  • Land in lieu of a cash contribution from the City to help complete HCFCD projects and offset part of the County’s purchase price
  • Changes in the Montgomery County Drainage Criteria Manual, including Atlas-14 compliance. Closing the detention pond loophole was also mentioned.

See Russ Poppe, Executive Director of Harris County Flood Control District at approximately 7:33:45 in this video of the Harris County Commissioner’s Court meeting.

Construction Resumed Day after Meeting

The day after the commissioners’ meeting, Perry resumed construction on the Woodridge Village site.

A flyover of the site Tuesday, 4/21/2020, revealed that Perry contractors now have at least 30 pieces of earth-moving equipment at Woodridge Village. That’s compared to about 20 a week ago. Contractors are:

  • Expanding the N2 Detention pond and taking dirt to fill in low areas elsewhere around the site.
  • Blocking out new roads
  • Pouring concrete
  • Installing culverts.

Construction Pictures from Tuesday, 4/21/2020

The pictures below show the activity.

Looking south across Woodridge Village from northern boundary along western boundary at Webb Street Entrance in Porter.
Looking SE. Closer shot of work on N2 detention pond. Dirt from pond is filling former wetlands on left.
Grassy area in bottom right is portion of N2 pond built by MoCo in 2005 for another project.
Some excavated dirt from N2 is being used to fill the bog along Woodland Hills Drive near Kingwood Park High School
New section of concrete poured this morning north of Sherwood Trails
More concrete poured this morning north of Fair Grove in Elm Grove Village. Note: still no berm between S1 pond (center bottom) and S2 pond (upper right).
Culverts being installed along Taylor Gully where it cuts through Woodridge Village
Outlines of roads taking shape.
Dirt from pond is filling in wetlands, left.
Culverts about to be set in concrete.
Workers appear to be building a concrete pilot channel in the middle of the expanded N2 pond.
An assembly line of trucks carried more dirt away from N2, which is relentlessly expanding.

Text of Letter from Perry Lawyer

Despite all this activity, Lawyer Gray promises that if Harris County can pull together a deal, the additional costs will not affect Perry’s purchase price.

Gray also says that Perry continues to seek a private buyer. And that it hopes to have detention ponds completed by summer of 2020 (presumably if the purchase does not go through). See the full text of Gray’s letter below or download this printable PDF.

Page 1
Page 2

Draw your own conclusions from the letter and the construction, and keep your fingers crossed.

Posted by Bob Rehak on 4/22/2020

967 Days since Hurricane Harvey and 216 since Imelda