Artists rendering of several towers near the proposed marina with the Barrington in the background.
Romerica Could Not Meet Deadline
In a letter dated April 24, SWCA, Romerica’s environmental consultant, requested a “suspension” of the permit application. They said they needed more time to answer issues raised in 727 letters of protest. SWCA also said they would have to conduct additional surveys and field work requiring more than the 30 days allowed for them to respond. The official deadline for filing responses was April 27.
Withdrawal “Without Prejudice”
Instead of suspending the permit, the Corps “withdrew it without prejudice.” The Corps invited SWCA and Romerica to reapply at some future time when they had completed answers to the issues raised by concerned residents and environmental groups.
Leah Howard of Manlove Marketing and Communications, Romerica’s official point of contact for the application, was not available for comment at press time. However, a third party who talked to her earlier in the day said that their team wanted “to do a good and complete job with citizens’ questions, and that 30 days just wasn’t enough time.”
Another third party source quoted her as saying, “Due to Harvey, Romerica will complete several new studies and surveys for due diligence which will shed more light on the larger issue Lake Houston faces. After completion of the necessary work, Romerica and the USACE will reactivate the permit and more information will be provided at that time.”
Issues Still to Be Clarified
It is unclear at this time whether a new application would obligate Romerica to go through an additional public comment period. However the letter sent from the Corps to the developer states, “Resultant project modifications may require additional coordination.”
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/Herons.jpg?fit=1500%2C2000&ssl=120001500adminadmin2019-04-30 15:31:532019-04-30 16:56:35High-Rise Permit Application Withdrawn by Corps
The Bayou Land Conservancy sent this letter today to the Committee Clerk of the House Environmental Regulation Committee. The Conservancy has allowed me to publish it:
On behalf of Bayou Land Conservancy, I urge you to vote FOR HB 909 when the Environmental Regulation Committee meets to consider this bill. Bayou Land Conservancy is a non-profit, community-supported land conservation organization that preserves land along streams for flood control, clean water, and wildlife. We preserve 14,000 acres in the Houston region, focused on the Lake Houston watershed. This includes the San Jacinto River, cited in 2006 as one of America’s most endangered rivers due to a number of threats, including the high intensity of local aggregate mining.
HB 909 would require the Texas Commission for Environmental Quality (TCEQ) to adopt and make accessible best management practices for aggregate producers to comply with applicable environmental laws and rules.
This adoption of best management practices would be an important, and needed, step to ensure that aggregate production in Texas is done with sensitivity to the environment and to community standards. As the population of Texas continues to grow, with the corresponding increase in construction of buildings, roads, and bridges, there is greater risk to the quality of life and safety for many communities located near mining operations.
As one of the nation’s leading aggregate producing states, we know Texas can lead in developing higher standards. We recommend best management practices that consider community values, such as:
Employ public notice and stakeholder process guidelines to ensure mining operations are in step with local priorities and concerns
Maintain setbacks or standards for siting operations away from sensitive areas or those with the highest likelihood to cause impacts
Develop environmental impact statements for proposed mining operations
Enact mitigation standards to reclaim the project area after facility closure
Utilize progressive reclamation with a step-be-step restoration of the site over time rather than waiting for final closure
Require the submission of an approved reclamation plan prior to permit approval
Require the certification of financial security to perform reclamation activities before permit approval
Require post-use conservation easements to ensure that the floodplain is left undeveloped and can provide a community amenity opportunity.
There is urgency for Texas to lead by enacting commonsense solutions that protect the community.
Without development and implementation of best management practices, such as those outlined above that would keep sediment in place through floodplain preservation and mine reclamation, downstream communities will continue to be at risk of water quality degradation and flooding.
Please vote YES on HB 909.
(Signed) Jill Boullion Executive Director
Please Support HB 909; Here’s How
Call. Write. Or testify in person TODAY. The committee meets to consider this bill tomorrow. The following representatives comprise the Environmental Regulation committee.
Rep. J. M. Lozano (512) 463-0463
Rep. Ed Thompson (512) 463-0707
Rep. César Blanco (512) 463-0622
Rep. Kyle J. Kacal (512) 463-0412
Rep. John Kuempel (512) 463-0602
Rep. Geanie W. Morrison (512) 463-0456
Rep. Ron Reynolds (512) 463-0494
Rep. John Turner (512) 463-0576
Rep. Erin Zwiener (512) 463-0647
Committee Clerk: Scott Crownover. (512) 463-0776
If you can come to Austin to testify, please do. The meeting will be held Wednesday, May 1, in room E1.026 of the Capitol Building. Most likely hearing time is in the evening around 8 p.m., but get I plan to get there early. Hope to see you there.
Posted by Bob Rehak on April 30, 2019
609 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/03/capitolc_1024.jpg?fit=1024%2C768&ssl=17681024adminadmin2019-04-30 10:12:192019-04-30 10:15:35Bayou Land Conservancy Supports HB 909, Publishing Best Practices for Sand Mining
Wednesday, May 1, 2019, the Texas House of Representatives Environmental Affairs Committee will hear testimony on HB 909. It would require the TCEQ to establish and publish best management practices for sand mining.
Why We Need HB 909
After Harvey, I discovered bright white trails of sand leading from sand mines upstream to massive sediment buildups in the Humble/Kingwood area. The Army Corps later acknowledged that some of our flooding was likely attributable to these massive sediment dams. No doubt some of the sand came from channel erosion, too. But we can’t do much to control that. We can, however, help reduce sediment from man-made sources with sensible regulations found in many other states, including those growing faster than Texas.
Texas is the only state that does not mandate minimum setbacks from rivers for sand mines. As a result, virtually all mines in this area are built inside floodways of major rivers where floods can wash sediment downstream.
Establish performance bonds to cover the cost of cleanup
Giant sand dunes deposited during Harvey exacerbate flooding by constraining the conveyance of downstream drainage ditches and the San Jacinto river. Mining exposes downstream populations to heightened flood risk and reduces their property values. Performance bonds could ensure cleanup and repairs after floods in a timely way and force those who caused damage to bear the cost of remediation.
Increase the width of dikes
Texas has no minimum setbacks from rivers and does not recognize erosion hazard zones. Some mines operate so close to the river that floodwaters breach their dikes repeatedly. Wider dikes:
Make stronger dikes that are less likely to fail and that improve safety.
If forested, can slow currents as they enter and leave mines.
Reduce the amount of sediment picked up and carried downstream.
Reduce the danger of river capture due to river migration.
River is migrating toward pit in background at the rate of 12 feet per year, in part, due to lack of vegetation protecting banks.
Decrease the slope of dikes
Other states and countries recommend gently sloping dikes to help grow vegetation, which reduces erosion. The near-vertical slope of many dikes on the San Jacinto can’t sustain vegetation.
Steep, loose dikes with no vegetation breach easily during floods.
Reduce erosion with vegetation
Planting dikes and unmined surfaces with grass and/or native trees can bind the soil, slow floodwater, reduce erosion, trap sand, and help retain sand within mine boundaries.
Virtually all states and countries recommend planting native grasses and trees to help bind soil. Revegetating after plants have been removed can take years. Therefore, the best, cheapest and simplest practice is to leave native vegetation in place when constructing mines.
Replant areas not actively being mined
Loose sand, exposed to floodwaters, exposes downstream communities to unnecessary risk. Replanting with native grasses and trees can bind soil, reduce water velocity during floods and reduce erosion. TCEQ reports that native grasses are 98% effective in reducing erosion. Keeping soil in place is the best way to keep it out of rivers.
Avoid clearing areas that will not soon be mined.
Delay clearing land until the last possible moment to reduce erosion risk from floodwaters. A large part of a sand mine on the East Fork was cleared, then went through three so-called “500-year storms” in the next three years – before any mining took place.
This land was cleared just before consecutive 500-year floods in 2015, 2016 and 2017. Downstream communities like Kingwood paid the price. It still has not been mined. 30 acres of wetlands downstream from the mine above were covered by sand dunes up to 10 feet tall.
Before Harvey, this stockpile covered 34 acres and was up to 100 feet tall. It is located at the confluence of not one, but two floodways, just upstream from the wetlands shown above.
Establish performance bonds to guarantee remediation of breaches and repurposing of mined areas once mining is complete.
Satellite images show dike breaches that have remained open 3 to 6 years. Even worse, obtaining a permit to mine in Texas requires a remediation plan, but it does not obligate mines to act on that plan when mining is complete. That creates safety hazards, eyesores, and economic development headaches for communities.
Gaping Holes in Regs Exposed by Harvey
Harvey exposed gaping holes in Texas regulations. It underscored the importance of adopting better practices to help improve public safety, reduce damage to infrastructure, and avoid widespread flood damage to homes and businesses. Consequences of ignoring these recommendations potentially include:
Destruction of downstream communities through increased flooding
Illegal “taking” of private property
More loss of life
Unfair imposition of remediation costs on taxpayers
Hidden “subsidies” that distort the true cost of cement and its usage
Loss of faith in the ethical standards of businesses and the free enterprise system
Loss of faith in government institutions to protect people and property
Loss of home and business values
Reduction of property tax income to city and county governments
Making Texas a less desirable place to live.
Destruction like we experienced during Harvey is rarely caused by one thing. Multiple failures on multiple levels compounded each other. To the extent that sand mines contributed to the problem, they can help solve it by modifying business practices as described above.
Please Help
Texas has no simple, easy-to-read recommendations like Louisiana and other states. The few references to best management practices currently on the TCEQ web site have to do with a water-quality district on the Brazos. They do not apply to the San Jacinto.
Please support this legislation. Phone members of the House Environmental Regulation Committee.
Rep. J. M. Lozano (512) 463-0463
Rep. Ed Thompson (512) 463-0707
Rep. César Blanco (512) 463-0622
Rep. Kyle J. Kacal (512) 463-0412
Rep. John Kuempel (512) 463-0602
Rep. Geanie W. Morrison (512) 463-0456
Rep. Ron Reynolds (512) 463-0494
Rep. John Turner (512) 463-0576
Rep. Erin Zwiener (512) 463-0647
If you can come to Austin to testify, please do. The meeting will be in room E1.026 of the Capitol Building. Most likely hearing time is in the evening around 8 p.m., but I plan to get there early. Hope to see you there.
Posted by Bob Rehak on April 29, 2019
608 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/StockpileErosion.jpg?fit=1500%2C911&ssl=19111500adminadmin2019-04-29 17:18:012019-04-29 19:49:42House Environmental Regulation Committee to Hear Testimony on Sand Mining Best Practices
High-Rise Permit Application Withdrawn by Corps
The U.S. Army Corps of Engineers Galveston District announced today that it has withdrawn Romerica’s permit application. Romerica had applied to deposit fill in the floodplain of the San Jacinto River for their proposed high-rise development in Kingwood.
Romerica Could Not Meet Deadline
In a letter dated April 24, SWCA, Romerica’s environmental consultant, requested a “suspension” of the permit application. They said they needed more time to answer issues raised in 727 letters of protest. SWCA also said they would have to conduct additional surveys and field work requiring more than the 30 days allowed for them to respond. The official deadline for filing responses was April 27.
Withdrawal “Without Prejudice”
The Corps’ letter is dated today, April 30. For the full text, click here.
Romerica Not Available for Comment
Leah Howard of Manlove Marketing and Communications, Romerica’s official point of contact for the application, was not available for comment at press time. However, a third party who talked to her earlier in the day said that their team wanted “to do a good and complete job with citizens’ questions, and that 30 days just wasn’t enough time.”
Another third party source quoted her as saying, “Due to Harvey, Romerica will complete several new studies and surveys for due diligence which will shed more light on the larger issue Lake Houston faces. After completion of the necessary work, Romerica and the USACE will reactivate the permit and more information will be provided at that time.”
Issues Still to Be Clarified
It is unclear at this time whether a new application would obligate Romerica to go through an additional public comment period. However the letter sent from the Corps to the developer states, “Resultant project modifications may require additional coordination.”
While many questions remain, today’s letter DOES answer one. Romerica did NOT meet the Corps’ deadline for filing responses to citizen complaints. For a history of the controversy surrounding this development, see the High Rises page.
Posted by Bob Rehak on 4/30/2019
609 Days since Hurricane Harvey
Bayou Land Conservancy Supports HB 909, Publishing Best Practices for Sand Mining
The Bayou Land Conservancy sent this letter today to the Committee Clerk of the House Environmental Regulation Committee. The Conservancy has allowed me to publish it:
On behalf of Bayou Land Conservancy, I urge you to vote FOR HB 909 when the Environmental Regulation Committee meets to consider this bill. Bayou Land Conservancy is a non-profit, community-supported land conservation organization that preserves land along streams for flood control, clean water, and wildlife. We preserve 14,000 acres in the Houston region, focused on the Lake Houston watershed. This includes the San Jacinto River, cited in 2006 as one of America’s most endangered rivers due to a number of threats, including the high intensity of local aggregate mining.
HB 909 would require the Texas Commission for Environmental Quality (TCEQ) to adopt and make accessible best management practices for aggregate producers to comply with applicable environmental laws and rules.
This adoption of best management practices would be an important, and needed, step to ensure that aggregate production in Texas is done with sensitivity to the environment and to community standards. As the population of Texas continues to grow, with the corresponding increase in construction of buildings, roads, and bridges, there is greater risk to the quality of life and safety for many communities located near mining operations.
As one of the nation’s leading aggregate producing states, we know Texas can lead in developing higher standards. We recommend best management practices that consider community values, such as:
There is urgency for Texas to lead by enacting commonsense solutions that protect the community.
Without development and implementation of best management practices, such as those outlined above that would keep sediment in place through floodplain preservation and mine reclamation, downstream communities will continue to be at risk of water quality degradation and flooding.
Please vote YES on HB 909.
(Signed) Jill Boullion
Executive Director
Please Support HB 909; Here’s How
Call. Write. Or testify in person TODAY. The committee meets to consider this bill tomorrow. The following representatives comprise the Environmental Regulation committee.
If you can come to Austin to testify, please do. The meeting will be held Wednesday, May 1, in room E1.026 of the Capitol Building. Most likely hearing time is in the evening around 8 p.m., but get I plan to get there early. Hope to see you there.
Posted by Bob Rehak on April 30, 2019
609 Days since Hurricane Harvey
House Environmental Regulation Committee to Hear Testimony on Sand Mining Best Practices
Wednesday, May 1, 2019, the Texas House of Representatives Environmental Affairs Committee will hear testimony on HB 909. It would require the TCEQ to establish and publish best management practices for sand mining.
Why We Need HB 909
After Harvey, I discovered bright white trails of sand leading from sand mines upstream to massive sediment buildups in the Humble/Kingwood area. The Army Corps later acknowledged that some of our flooding was likely attributable to these massive sediment dams. No doubt some of the sand came from channel erosion, too. But we can’t do much to control that. We can, however, help reduce sediment from man-made sources with sensible regulations found in many other states, including those growing faster than Texas.
Improving Sand-Mining Best Management Practices
Texas sand mines do not follow many best management practices (BMPs) common in other parts of the country and the world. If practiced, they could help increase margins of safety, reduce risks associated with future flooding, and reduce the costs associated with cleanup. Below: the biggest opportunities for improvement.
Recommendations
Locate mines outside of floodways
Texas is the only state that does not mandate minimum setbacks from rivers for sand mines. As a result, virtually all mines in this area are built inside floodways of major rivers where floods can wash sediment downstream.
Establish performance bonds to cover the cost of cleanup
Giant sand dunes deposited during Harvey exacerbate flooding by constraining the conveyance of downstream drainage ditches and the San Jacinto river. Mining exposes downstream populations to heightened flood risk and reduces their property values. Performance bonds could ensure cleanup and repairs after floods in a timely way and force those who caused damage to bear the cost of remediation.
Increase the width of dikes
Texas has no minimum setbacks from rivers and does not recognize erosion hazard zones. Some mines operate so close to the river that floodwaters breach their dikes repeatedly. Wider dikes:
Decrease the slope of dikes
Other states and countries recommend gently sloping dikes to help grow vegetation, which reduces erosion. The near-vertical slope of many dikes on the San Jacinto can’t sustain vegetation.
Reduce erosion with vegetation
Planting dikes and unmined surfaces with grass and/or native trees can bind the soil, slow floodwater, reduce erosion, trap sand, and help retain sand within mine boundaries.
Virtually all states and countries recommend planting native grasses and trees to help bind soil. Revegetating after plants have been removed can take years. Therefore, the best, cheapest and simplest practice is to leave native vegetation in place when constructing mines.
Replant areas not actively being mined
Loose sand, exposed to floodwaters, exposes downstream communities to unnecessary risk. Replanting with native grasses and trees can bind soil, reduce water velocity during floods and reduce erosion. TCEQ reports that native grasses are 98% effective in reducing erosion. Keeping soil in place is the best way to keep it out of rivers.
Avoid clearing areas that will not soon be mined.
Delay clearing land until the last possible moment to reduce erosion risk from floodwaters. A large part of a sand mine on the East Fork was cleared, then went through three so-called “500-year storms” in the next three years – before any mining took place.
Protect stockpiles from flooding.
Loose sand in stockpiles is especially vulnerable during floods. During Harvey, sand mines adjacent to Kingwood lost four of six stockpiles completely. Another eroded severely. Only one escaped with little loss, the one on the highest ground, protected by a large swath of trees.
Establish performance bonds to guarantee remediation of breaches and repurposing of mined areas once mining is complete.
Satellite images show dike breaches that have remained open 3 to 6 years. Even worse, obtaining a permit to mine in Texas requires a remediation plan, but it does not obligate mines to act on that plan when mining is complete. That creates safety hazards, eyesores, and economic development headaches for communities.
Gaping Holes in Regs Exposed by Harvey
Harvey exposed gaping holes in Texas regulations. It underscored the importance of adopting better practices to help improve public safety, reduce damage to infrastructure, and avoid widespread flood damage to homes and businesses. Consequences of ignoring these recommendations potentially include:
Destruction like we experienced during Harvey is rarely caused by one thing. Multiple failures on multiple levels compounded each other. To the extent that sand mines contributed to the problem, they can help solve it by modifying business practices as described above.
Please Help
Texas has no simple, easy-to-read recommendations like Louisiana and other states. The few references to best management practices currently on the TCEQ web site have to do with a water-quality district on the Brazos. They do not apply to the San Jacinto.
Please support this legislation. Phone members of the House Environmental Regulation Committee.
If you can come to Austin to testify, please do. The meeting will be in room E1.026 of the Capitol Building. Most likely hearing time is in the evening around 8 p.m., but I plan to get there early. Hope to see you there.
Posted by Bob Rehak on April 29, 2019
608 Days since Hurricane Harvey