Triple PG Sand Development, LLC and Texas Attorney General Ken Paxton agreed to a temporary injunction on Friday, November 25, 2019. The giant mine between Caney and White Oak Creeks agreed to stop dredging while it finds a way to engineer permanent fixes to its dikes. The dikes have breached repeatedly in numerous places. And the mine has left some breaches open for years.
Triple PG Sand Mine dike breech into White Oak Creek. This is the third time this year.
Triple PG’s process wastewater has poured into the drinking water supply for two million people. The State is suing the mine for more than a million dollars.
Triple PG Trial Set for Next June
The judge has set the trial for June 22, 2020. That should give Triple PG time to engineer a fix. It should also give time a chance to test the repairs.
Make sure the berms work or reclaim the dredge ponds.
Provide a proposed plan to TCEQ within 90 days.
Good News for East Fork Residents
All this represents good news for the people on Caney Creek and the East Fork. Recent storms have left both clogged with sand, at least some of which washed out of the mine.
People directly south of the mine in Walden Woods should rejoice. They may finally get the protection from this mine that they should have had all along.
Reportedly, Triple PG is dry-mining frack sand and working down its stockpile to stay in business while it makes repairs.
Posted by Bob Rehak on 11/28/2019
821 Days since Hurricane Harvey and 70 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/2019/11/20191104-RJR_4452.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-11-27 19:01:572019-11-27 19:14:29Triple PG Sand Mine Agrees to Stop Dredging Until Trial Next June
Tuesday afternoon at 4 p.m., most of America had already physically or mentally checked out for the long Thanksgiving holiday. Those still at work were making shopping lists or travel arrangements. Those still trying to DO work, found it harder and harder. Clients had left for vacation. Telephone calls went unanswered. Suddenly the calculus had shifted. What you could accomplish at work paled in comparison to what you had to do at home.
An Improbable Meeting on the Eve of Thanksgiving
So it surprised me when Kaaren Cambio, Congressman Dan Crenshaw’s field representative, invited me to a meeting near Luce Bayou in Huffman. But I knew many people had flooded there during Imelda, so I went.
When I arrived, I discovered I was at the flooded home of Dr. Tom Kelchner and his wife Laura. Most of the group had already gathered in Tom’s front yard. It turned out this would be a stand-up meeting. There was no place to sit. The Kelchner home was still under repair. Harvey and Imelda hammered them.
Like so many others in different places around Lake Houston, they worried about repetitive flooding. They saw sediment and dead trees building up in the Bayou and worried about backwater effects that could flood them again. As they explored ways to get the trees and sediment removed, they discovered they had fallen into a black hole.
Fallen trees, such as these, can form “beaver dams” that back water up and flood homes.
No one governmental entity, it seemed, had responsibility for the maintenance of Luce Bayou. The Inter-Basin Transfer Project had thrown it into a bureaucratic black hole. Harris County, Flood Control, the Coastal Water Authority and the City of Houston would all have to collaborate to fix the problems on Luce Bayou.
Thanksgiving Miracle #1
Now here’s where we get to the holiday magic part of the story. Rather than let these residents labor indefinitely under the threat of more flooding, Ms. Cambio called representatives of all the groups together. AND THEY ALL SHOWED UP! That was the first miracle.
Left to Right: Laura Kelchner, Dr. Tom Kelchner (Property Owners); Nick Dragon, Property Manager, Tetra Tech; Kaaren Cambio, Field Representative, Office of Congressman Dan Crenshaw & Board Member, San Jacinto River Authority; Layne Yeager, Property Manager, Harris County Flood Control District; Shane Hrobar, Urban Forester, Harris County Flood Control District; Dr. Reynaldo Guerra, Capital Improvement Program Manager, Harris County Commissioner – Precinct 2; Jeremy Phillips, Senior Director of Infrastructure, Harris County Commissioner – Precinct 2; Mike Lykes, Chief of Staff, Harris County Commissioner – Precinct 2; Maria Martin, Property Owner; Anthony Bowie, Deputy Director-Operations, Solid Waste Management Department, City of Houston.
After handshakes and introductions, the meeting moved from the front to the back yard where you could see Luce Bayou and some of the problems. For more than an hour, the group discussed technical and organizational issues. Everyone who needed to be part of the solution was there. And before the meeting ended, all participants knew exactly what they had to do.
In one hour, the problems went from “What’s this meeting about?” to “Let’s do this.”
The ad hoc “team” discusses needs and possible solutions.Layne Yeager from Harris County Flood Control and resident Maria Martin discuss where the issues are.
Thanksgiving Miracle #2
There was no bureaucratic jealousy. No egos got in the way. No “This is not my problem.” And no “Death by PowerPoint.” That was the second miracle.
It reminded me that thousands of public servants like these join government to make a difference and, in this case, I suspect they will. This Thanksgiving season, I’m thankful for committed people like these.
Posted by Bob Rehak on 11/21/2019, with thanks to the committed staff at Congressman Dan Crenshaw’s office
821 Days since Hurricane Harvey and 70 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/11/20191126-RJR_4912-Luce.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-11-27 16:18:072019-11-27 16:22:11Giving Thanks for Committed People on Thanksgiving
Chapter 9 of the Montgomery County Drainage Criteria Manual discusses development in flood plains. Perry Homes and LJA Engineering somehow “overlooked” many of the points in this chapter. A flood plain ran through the property, but FEMA had not yet mapped it. LJA used that as an excuse to claim none existed.
Notice how flood plain mapping stops at county line. Perry Homes has the undeveloped property along and above the county line.Color code: Cross-hatched = floodway; aqua = hundred year flood plain; brown = 500-year flood plain.Source: MoCo Maps
Unfortunately, physical boundaries of flood plains do not observe political boundaries. Taylor Gully bisects this property, if you look at the flood maps, it magically defies flooding on the MoCo side of the county line.
Montgomery County Regulations Affecting Flood Plains
Below are guidelines from the Montgomery County Drainage Criteria Manual that Perry Homes would have had to follow had the property been mapped.
From Section 9.1.1 Floodplain Regulations:
“No fill or encroachment is permitted within the 100-year floodway which will impair its ability to discharge the 100-year peak flow rate except where the effect on flood heights has been fully offset by stream improvements.” [Emphasis added.]
“Placement of fill material within the floodplain requires a permit from the County Drainage Administrator. Appropriate fill compaction data and hydrologic and hydraulic data are required before a permit will be issued.”
From Section 9.1.2 Floodplain Development Guidelines and Procedures
“Construction within the floodway is limited to structures which will not obstruct the 100-year flood flow unless fully offsetting conveyance capacity is provided.”
“The existing designated 100-year floodplain and floodway should be plotted on a map of the proposed development.”
“The effect of the proposed development and the encroachment into the flood plain area should be incorporated into the hydraulic model and the resulting flood plain determined.”
“Careful consideration should be given to providing an accurate modeling of effective flow areas taking into account the expansion and contraction of the flow.”
“Once it has been determined that the proposed improvements adequately offset the encroachment, a revised floodway for the stream must be computed and delineated.”
From Section 9.2 Downstream Impact Analysis
“Pursuant to the official policy for Montgomery County, development will not be allowed in a manner which will increase the frequency or severity of flooding in areas that are currently subject to flooding or which will cause areas to flood which were not previously subject to flooding.”
What LJA Said About Perry Homes’ Project
On Page 1-2 of its Drainage Analysis, LJA Engineering explicitly states, “As shown on Exhibit 3, the proposed development is outside the 100-year floodplain.”
LJA Exhibit 3 shows the floodplain stopping at the county line. LJA also did its best to make the .2 percent risk area blend into the area of minimal flood risk. This visually minimizes the amount of floodplain bordering MoCo, so the abrupt stoppage at the county line becomes less visible.Source: LJA.
Ms. Mbewe then states in her conclusion, “Based on these findings, the proposed development of the 268-acre tract creates no adverse drainage impacts for events up to and including the 100-year event.” [Emphasis added.]
What Does “No Adverse Impact” Really Mean?
People often twist the definition of terms you think are self evident. Especially in legal, technical, and political contexts.
To me, “No Adverse Impact” should mean, “Downstream people who didn’t flood before won’t flood after development.” That’s what section 9.2 states explicitly.
But when I talked to a flood professional, I got a different answer. To that person, “no adverse impact” meant, “the amount of water flowing across the property did not increase after development.” Much narrower! And seemingly contradictory to the spirit of 9.2.
“Floodplain” Definition Shocked Me
But that person’s definition of floodplain really shocked me. To me, floodplain means “the area adjacent to a stream that fills with floodwater after a very heavy rain.” But the professional told me I was WRONG. To the professional, a floodplain was “an area on a map that FEMA designated a floodplain for insurance purposes.”
In that person’s mind, because FEMA had never mapped the area in question, a floodplain did NOT EXIST. Whether or not the area flooded!
To me, that’s like saying an apple is something you see in a Kroger’s flyer, not something you eat. We’re talking about the difference between a symbol of something and the reality of it.
This discussion proved once again that words and phrases have different meanings that depend on the social context of usage.
In the minimum compliance environment of Montgomery County, LJA and Perry Homes argued that there was no floodplain. They found someone in the county engineer’s office who agreed with them…or was told to agree with them.
FYI, the official FEMA definition says, “Any land area susceptible to being inundated by floodwaters from any source.”
Consequences of Overly Narrow Definition
So did Elm Grove flood because Perry Homes, LJA and Montgomery County did not enforce the floodplain regs in section 9.2 of the Drainage Criteria Manual?
They did not plot the REAL-WORLD floodway and floodplain on a map of the proposed development (see above).
LJA did not incorporate encroachment into the floodplain in its hydraulic modeling, because they denied a floodplain existed.
Neither did LJA provide “an accurate modeling of effective flow areas taking into account the expansion and contraction of the flow.”
Finally, LJA did not compute, revise and delineate the floodway for the stream.
Had they done all these things, perhaps people would have seen that downstream homes that had never flooded were now subject to greater flood risk. But that’s really something for the jury to decide. And it would require FEMA to model the floodplain after the fact.
But like the narrow definition of floodplain, this whole discussion symbolizes a bigger problem.
How Do You Fix a Permissive, Minimum-Compliance Environment?
Perry Homes could have demanded honest answers from its engineers, not the ones they wanted to hear.
FEMA could label areas like Woodridge Village “UNMAPPED”. This would send a signal to potential home buyers if sellers tell them they’re NOT in a floodplain. That might make developers think twice.
Home buyers need to demand integrity in this process. They need to ask better questions. They need to learn more about flooding.
But at the end of the day, Montgomery County Commissioners must define the kind of future they want. Do they want constant flooding? Or not. Because right now, they’re competing with other areas for new development on the basis of willful blindness and self-serving definitions.
Thirty years down the road, when it’s too late to fix the infrastructure problems they ignore today, MOCO residents will be paying the price. Some, who have flooded repeatedly, might argue they already are.
Posted by Bob Rehak on 8/26/2019 with help from Jeff Miller
820 Days after Harvey and 69 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/2019/11/HarrisMocoCountyLineFloodPlain.jpg?fit=1500%2C883&ssl=18831500adminadmin2019-11-26 20:52:182019-11-26 21:42:44What Went Wrong, Part IV: Perry Homes Develops Flood Plain That Wasn’t
Triple PG Sand Mine Agrees to Stop Dredging Until Trial Next June
Triple PG Sand Development, LLC and Texas Attorney General Ken Paxton agreed to a temporary injunction on Friday, November 25, 2019. The giant mine between Caney and White Oak Creeks agreed to stop dredging while it finds a way to engineer permanent fixes to its dikes. The dikes have breached repeatedly in numerous places. And the mine has left some breaches open for years.
Triple PG’s process wastewater has poured into the drinking water supply for two million people. The State is suing the mine for more than a million dollars.
Triple PG Trial Set for Next June
The judge has set the trial for June 22, 2020. That should give Triple PG time to engineer a fix. It should also give time a chance to test the repairs.
Terms of Triple PG Injunction
Read the full text of the agreed temporary injunction here.
Key elements of the agreement:
Good News for East Fork Residents
All this represents good news for the people on Caney Creek and the East Fork. Recent storms have left both clogged with sand, at least some of which washed out of the mine.
Sand inundated thirty acres of East End Park for the second time in two years and destroyed about a mile of trails. Repair costs could exceed $80,000 for just a portion of the trails. KSA will abandon the Eagle Point trail permanently.
People directly south of the mine in Walden Woods should rejoice. They may finally get the protection from this mine that they should have had all along.
Reportedly, Triple PG is dry-mining frack sand and working down its stockpile to stay in business while it makes repairs.
Posted by Bob Rehak on 11/28/2019
821 Days since Hurricane Harvey and 70 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.
Giving Thanks for Committed People on Thanksgiving
Tuesday afternoon at 4 p.m., most of America had already physically or mentally checked out for the long Thanksgiving holiday. Those still at work were making shopping lists or travel arrangements. Those still trying to DO work, found it harder and harder. Clients had left for vacation. Telephone calls went unanswered. Suddenly the calculus had shifted. What you could accomplish at work paled in comparison to what you had to do at home.
An Improbable Meeting on the Eve of Thanksgiving
So it surprised me when Kaaren Cambio, Congressman Dan Crenshaw’s field representative, invited me to a meeting near Luce Bayou in Huffman. But I knew many people had flooded there during Imelda, so I went.
When I arrived, I discovered I was at the flooded home of Dr. Tom Kelchner and his wife Laura. Most of the group had already gathered in Tom’s front yard. It turned out this would be a stand-up meeting. There was no place to sit. The Kelchner home was still under repair. Harvey and Imelda hammered them.
Like so many others in different places around Lake Houston, they worried about repetitive flooding. They saw sediment and dead trees building up in the Bayou and worried about backwater effects that could flood them again. As they explored ways to get the trees and sediment removed, they discovered they had fallen into a black hole.
No one governmental entity, it seemed, had responsibility for the maintenance of Luce Bayou. The Inter-Basin Transfer Project had thrown it into a bureaucratic black hole. Harris County, Flood Control, the Coastal Water Authority and the City of Houston would all have to collaborate to fix the problems on Luce Bayou.
Thanksgiving Miracle #1
After handshakes and introductions, the meeting moved from the front to the back yard where you could see Luce Bayou and some of the problems. For more than an hour, the group discussed technical and organizational issues. Everyone who needed to be part of the solution was there. And before the meeting ended, all participants knew exactly what they had to do.
In one hour, the problems went from “What’s this meeting about?” to “Let’s do this.”
Thanksgiving Miracle #2
There was no bureaucratic jealousy. No egos got in the way. No “This is not my problem.” And no “Death by PowerPoint.” That was the second miracle.
It reminded me that thousands of public servants like these join government to make a difference and, in this case, I suspect they will. This Thanksgiving season, I’m thankful for committed people like these.
Posted by Bob Rehak on 11/21/2019, with thanks to the committed staff at Congressman Dan Crenshaw’s office
821 Days since Hurricane Harvey and 70 since Imelda
What Went Wrong, Part IV: Perry Homes Develops Flood Plain That Wasn’t
Chapter 9 of the Montgomery County Drainage Criteria Manual discusses development in flood plains. Perry Homes and LJA Engineering somehow “overlooked” many of the points in this chapter. A flood plain ran through the property, but FEMA had not yet mapped it. LJA used that as an excuse to claim none existed.
Unfortunately, physical boundaries of flood plains do not observe political boundaries. Taylor Gully bisects this property, if you look at the flood maps, it magically defies flooding on the MoCo side of the county line.
Montgomery County Regulations Affecting Flood Plains
Below are guidelines from the Montgomery County Drainage Criteria Manual that Perry Homes would have had to follow had the property been mapped.
From Section 9.1.1 Floodplain Regulations:
“No fill or encroachment is permitted within the 100-year floodway which will impair its ability to discharge the 100-year peak flow rate except where the effect on flood heights has been fully offset by stream improvements.” [Emphasis added.]
“Placement of fill material within the floodplain requires a permit from the County Drainage Administrator. Appropriate fill compaction data and hydrologic and hydraulic data are required before a permit will be issued.”
From Section 9.1.2 Floodplain Development Guidelines and Procedures
“Construction within the floodway is limited to structures which will not obstruct the 100-year flood flow unless fully offsetting conveyance capacity is provided.”
From Section 9.2 Downstream Impact Analysis
“Pursuant to the official policy for Montgomery County, development will not be allowed in a manner which will increase the frequency or severity of flooding in areas that are currently subject to flooding or which will cause areas to flood which were not previously subject to flooding.”
What LJA Said About Perry Homes’ Project
Ms. Mbewe then states in her conclusion, “Based on these findings, the proposed development of the 268-acre tract creates no adverse drainage impacts for events up to and including the 100-year event.” [Emphasis added.]
What Does “No Adverse Impact” Really Mean?
People often twist the definition of terms you think are self evident. Especially in legal, technical, and political contexts.
To me, “No Adverse Impact” should mean, “Downstream people who didn’t flood before won’t flood after development.” That’s what section 9.2 states explicitly.
But when I talked to a flood professional, I got a different answer. To that person, “no adverse impact” meant, “the amount of water flowing across the property did not increase after development.” Much narrower! And seemingly contradictory to the spirit of 9.2.
“Floodplain” Definition Shocked Me
But that person’s definition of floodplain really shocked me. To me, floodplain means “the area adjacent to a stream that fills with floodwater after a very heavy rain.” But the professional told me I was WRONG. To the professional, a floodplain was “an area on a map that FEMA designated a floodplain for insurance purposes.”
In that person’s mind, because FEMA had never mapped the area in question, a floodplain did NOT EXIST. Whether or not the area flooded!
To me, that’s like saying an apple is something you see in a Kroger’s flyer, not something you eat. We’re talking about the difference between a symbol of something and the reality of it.
In the minimum compliance environment of Montgomery County, LJA and Perry Homes argued that there was no floodplain. They found someone in the county engineer’s office who agreed with them…or was told to agree with them.
Consequences of Overly Narrow Definition
So did Elm Grove flood because Perry Homes, LJA and Montgomery County did not enforce the floodplain regs in section 9.2 of the Drainage Criteria Manual?
Had they done all these things, perhaps people would have seen that downstream homes that had never flooded were now subject to greater flood risk. But that’s really something for the jury to decide. And it would require FEMA to model the floodplain after the fact.
But like the narrow definition of floodplain, this whole discussion symbolizes a bigger problem.
How Do You Fix a Permissive, Minimum-Compliance Environment?
LJA had an obligation to its client and a higher one to the public that it ignored in my opinion.
Perry Homes could have demanded honest answers from its engineers, not the ones they wanted to hear.
FEMA could label areas like Woodridge Village “UNMAPPED”. This would send a signal to potential home buyers if sellers tell them they’re NOT in a floodplain. That might make developers think twice.
Home buyers need to demand integrity in this process. They need to ask better questions. They need to learn more about flooding.
But at the end of the day, Montgomery County Commissioners must define the kind of future they want. Do they want constant flooding? Or not. Because right now, they’re competing with other areas for new development on the basis of willful blindness and self-serving definitions.
Thirty years down the road, when it’s too late to fix the infrastructure problems they ignore today, MOCO residents will be paying the price. Some, who have flooded repeatedly, might argue they already are.
Posted by Bob Rehak on 8/26/2019 with help from Jeff Miller
820 Days after Harvey and 69 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.