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
Jim Zura has posted three videos he shot at Romerica’s public meeting in the Kingwood Community Center on March 18, 2019. The first covers questions I asked Gabriel Haddad, one of Romerica’s two principles, before the meeting officially started. The next two cover questions and answers asked by community members after the formal presentations by Romerica and its suppliers.
Additional Videos to Follow
Zura says additional video will follow. He does national quality work from his base right here in Kingwood. Zura volunteered his services to the community on this project out of concern for the impact the development could have on the community. Please note: Zura fought a high level of ambient crowd noise to obtain these videos. While they won’t win an Emmy for sound quality, they very adequately capture the responses and promises made to the community regarding this controversial development.
The first video is me going one-on-one with Romerica developer Gabriel Haddad.
Rehak (left) interviewing Haddad (right) at the Kingwood Community Center Public Meeting. That’s Dianne Lansden of the Lake Houston Area Grass Roots Flood Prevention Initiative in the background.
After presentations by Romerica and its associates, the audience got a chance to ask questions from the floor. Below is the first thirty minutes of the Q&A session.
I ask Mr. Haddad how his development will generate $135 million in tax revenues and point out that that’s more than the rest of Kingwood combined contributes to the City of Houston or Harris County. He responds that that’s only if it’s all built out. I ask, “How likely is that?” He responds: “Not very.” Mr. Haddad then goes on to describe why and blames sedimentation in the river.
Other topics we discussed included:
How he plans to get around the deed restrictions by Friendswood
Long-range plans if he can’t get a permit
Evacuation in the event of a flood
Noise
School district overcrowding
His maze of companies
Changing architectural firms in mid-stream, no pun intended
Mr. Haddad answers one or two questions somewhat directly, pivots on others, and claims they’re still working out details on the rest.
Audience Q&A: Part 1
Audience Q&A went for a total of 50 minutes. Unfortunately, some people turned questions into rants. Other people shouted questions from the floor that were not picked up by the microphone. So I’m not going to attempt to transcribe the entire session, but will provide time codes for the questions I could understand. That way you can fast forward to specific segments that may interest you. All time codes are approximate:
0:00 Concern about impact on land adjacent to the Romerica development
2:00 Concern about flooding and how it will be mitigated
3:15 Statement by lady who says she wants “Livable Forest,” not high-rises.
3:45 Are you not worried about building high-rises at ground zero for the worst natural disaster in U.S. history?
6:45 How are you getting around single-family residential deed restrictions?
8:45 Who do you expect to invest and what kind of businesses do you expect to attract? Concerned about inaccessibility of location. Says they will find other locations more attractive. (No response from developer.)
10:20. Gentleman asks for vote from floor about who approves/disapproves of development.
13:50 Lady observes that every home that flooded had surveys done assuring the owners that it would not. What makes your development different?
15:00 Have you engaged hydrologists and do you have money set aside to restore the property if the development fails.
17:30 Lady doesn’t like comparison to Woodlands. Says she moved here because it wasn’t so commercial.
18:20 Concern about lack of plans for traffic and noise mitigation.
22:20 Are you willing to pay for dredging?
24:15 How are you going to evacuate people from a dead-end road? Are you going to elevate Woodland Hills Drive?
Audience Q&A: Part 2
The same caveats apply here:
0:00 Concerns about loss of view and quiet?
2:50 Will you listen to and respect the will of the community?
3:30 Will ALL construction be postponed until solution is found for flooding? How will new flood maps and watershed study affect your plans? What’s the time frame for your development? (Hint: Answer: We will not do anything until there is a flooding solution.)
9:10 What is the source of your funding?
12:15 Do you have backup and failsafe plans?
13:15 How will you address flood levels that get worse with time?
Next Steps
As in my interview questions, sometimes the answers were direct and sometimes they weren’t. Sometimes, they just let people rant and didn’t answer at all. By the time Romerica wrapped everything up, most of the audience had left and they were turning out the lights.
Since the meeting, they have had more than a month to address the concerns that more than 700 people and groups submitted in protest letters to the Army Corps.
Now the Corps needs to sift through all their responses and make sure they addressed valid concerns. You can expect plans to change. Romerica has already posted online that they are planning to elevate the entire development another six to ten feet. That will likely involve more fill and stimulate more concerns about flooding.
Thoughts expressed in this post represent my opinions on matters of public interest. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP statute of the great State of Texas.
Posted by Bob Rehak on April 28, 2019
607 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/PublicMeetingPart1.jpg?fit=1500%2C836&ssl=18361500adminadmin2019-04-28 21:27:122019-04-28 21:36:11Zura Productions Posts Interview with High-Rise Developer and Q&A From Public Meeting
A reminder. Today, Romerica Investments, LLC. owes the Army Corps of Engineers answers to all of the questions, comments and concerns raised during the public comment period for its proposed high-rise development and marina resort.
More than 700 Protest Letters Filed
The Corps is ruling on a permit application for a 3.2 million square foot development near the floodway of the San Jacinto West Fork. The proposed development would surround the Barrington, and be adjacent to Kingwood Lakes, Trailwood, King’s Cove Deer Ridge Estates, Deer Ridge Park and River Grove Park.
It will be interesting to see how Romerica responds to all these concerns. They can change their plans for the future. But they can’t change their past.
At a public meeting held AFTER the public comment period, Gabriel M. Haddad, co-owner, of a maze of related companies, partnerships, LLPs and LLCs in different countries and states, said it could take up to two years for the Corps to rule on his permit application.
The Corporate Maze Related to Romerica
I have a call in to the Corps to discuss next steps and how long they will take. Stay tuned.
Note: Ideas expressed in the post represent my opinions on matters of public interest. They are protected by the first amendment of the U.S. Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Posted by Bob Rehak on 4/27/2019
606 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/Woodland-hills-map.png?fit=1061%2C1024&ssl=110241061adminadmin2019-04-27 20:56:202019-04-27 21:14:43Answer Day for High-Rise Developer
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
Zura Productions Posts Interview with High-Rise Developer and Q&A From Public Meeting
Jim Zura has posted three videos he shot at Romerica’s public meeting in the Kingwood Community Center on March 18, 2019. The first covers questions I asked Gabriel Haddad, one of Romerica’s two principles, before the meeting officially started. The next two cover questions and answers asked by community members after the formal presentations by Romerica and its suppliers.
Additional Videos to Follow
Zura says additional video will follow. He does national quality work from his base right here in Kingwood. Zura volunteered his services to the community on this project out of concern for the impact the development could have on the community. Please note: Zura fought a high level of ambient crowd noise to obtain these videos. While they won’t win an Emmy for sound quality, they very adequately capture the responses and promises made to the community regarding this controversial development.
The first video is me going one-on-one with Romerica developer Gabriel Haddad.
Click here to see the Rehak-Haddad discussion on vimeo.com. It should open up in a new tab.
After presentations by Romerica and its associates, the audience got a chance to ask questions from the floor. Below is the first thirty minutes of the Q&A session.
See the Herons Meeting Kingwood Q&A Part 1 of 2 on vimeo.com.
The last part of the Q&A session runs for another 20 minutes.
See the Herons Meeting Kingwood Q&A Part 2 of 2 on vimeo.com.
Summary: Rehak Interview with Haddad
I ask Mr. Haddad how his development will generate $135 million in tax revenues and point out that that’s more than the rest of Kingwood combined contributes to the City of Houston or Harris County. He responds that that’s only if it’s all built out. I ask, “How likely is that?” He responds: “Not very.” Mr. Haddad then goes on to describe why and blames sedimentation in the river.
Other topics we discussed included:
Mr. Haddad answers one or two questions somewhat directly, pivots on others, and claims they’re still working out details on the rest.
Audience Q&A: Part 1
Audience Q&A went for a total of 50 minutes. Unfortunately, some people turned questions into rants. Other people shouted questions from the floor that were not picked up by the microphone. So I’m not going to attempt to transcribe the entire session, but will provide time codes for the questions I could understand. That way you can fast forward to specific segments that may interest you. All time codes are approximate:
Audience Q&A: Part 2
The same caveats apply here:
Next Steps
As in my interview questions, sometimes the answers were direct and sometimes they weren’t. Sometimes, they just let people rant and didn’t answer at all. By the time Romerica wrapped everything up, most of the audience had left and they were turning out the lights.
Since the meeting, they have had more than a month to address the concerns that more than 700 people and groups submitted in protest letters to the Army Corps.
Now the Corps needs to sift through all their responses and make sure they addressed valid concerns. You can expect plans to change. Romerica has already posted online that they are planning to elevate the entire development another six to ten feet. That will likely involve more fill and stimulate more concerns about flooding.
Thoughts expressed in this post represent my opinions on matters of public interest. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP statute of the great State of Texas.
Posted by Bob Rehak on April 28, 2019
607 Days since Hurricane Harvey
Answer Day for High-Rise Developer
A reminder. Today, Romerica Investments, LLC. owes the Army Corps of Engineers answers to all of the questions, comments and concerns raised during the public comment period for its proposed high-rise development and marina resort.
More than 700 Protest Letters Filed
The Corps is ruling on a permit application for a 3.2 million square foot development near the floodway of the San Jacinto West Fork. The proposed development would surround the Barrington, and be adjacent to Kingwood Lakes, Trailwood, King’s Cove Deer Ridge Estates, Deer Ridge Park and River Grove Park.
According to the Corps, Kingwood residents raised a record number of concerns. More than 700 people and groups submitted letters of protest. Let’s look at just a few of the concerns; read some of the letters that include impacts on:
Additional Concerns
People and groups also raised concerns about:
And That Was Just for Starters
It will be interesting to see how Romerica responds to all these concerns. They can change their plans for the future. But they can’t change their past.
At a public meeting held AFTER the public comment period, Gabriel M. Haddad, co-owner, of a maze of related companies, partnerships, LLPs and LLCs in different countries and states, said it could take up to two years for the Corps to rule on his permit application.
I have a call in to the Corps to discuss next steps and how long they will take. Stay tuned.
Note: Ideas expressed in the post represent my opinions on matters of public interest. They are protected by the first amendment of the U.S. Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Posted by Bob Rehak on 4/27/2019
606 Days since Hurricane Harvey