Texas requires a reclamation plan to get a permit for sand mining. However, according to a spokesperson for the Texas Commission on Environmental Quality, Texas has no requirement to execute the plan when mining is done – except for a small pilot project on the Brazos River. Unscrupulous miners can and do walk away from mines without reclaiming the land when they are finished mining.
Abandoned sand mine in Humble, TX. No fencing. No grading. No vegetation on slopes. Note proximity to buildings on adjoining property and road.
No Attempts at Reclamation for 15 Mines in a Mile Radius
Abandoned sand mines like the one above on North Houston Avenue and Townsend blight the Humble area. Across the street sits another abandoned mine and a concrete recycling facility.
Abandoned concrete crushing facility once part of sand mine in Humble, TX.
A quick check of Google Earth shows that fifteen other abandoned sand pits lay in about a one mile radius near these. TACA, the Texas Aggregate and Concrete Association brags about how mines can be reclaimed, but are they?
Theory Vs. Reclamation Practice
We have the appearance of sand mine regulation. In practice, since the TCEQ began monitoring sand mines in 2011, the commission has levied only a few hundred fines statewide averaging about $800 per fine. That’s a slap on the wrist. Meanwhile, blights like these keep promising areas from re-developing. In the name of helping some businesses, bad actors in the industry harm others…and entire communities. Yet TACA fights legislative fixes.
Potential Legislative Fixes Falter
Two bills introduced in the legislature this year could help address this problem. Both have stalled in committee.
HB 1671 extends protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos. It would require local mines to file a bond that guarantees reclamation before they begin mining. HB1671 was referred to the Natural Resources committee on March 4. Nothing has happened with it since then.
HB 2871 would require sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance. The House Energy Resources committee heard public testimony on HB2871 on April 8, but the bill was left pending in committee. Again, nothing has happened with it since then.
With 38 days left in the legislative session, hopes for both bills are fading fast.
In coming days, I’ll illustrate other best practices where Texas falls short (and sometimes flat) compared to other states. The series will culminate with a peek inside the multi-million lobbying efforts of TACA.
I’m all for being business friendly, but when that starts to hurt other businesses and residents, I draw the line. That’s not being business friendly; that’s playing favorites.
Posted by Bob Rehak on 4/22/19
601 Days since Hurricane Harvey and 38 days left in the legislative session
Sand mines aren’t the only source of sediment on the West Fork, but humans can and must control them. Upstream from Kingwood, on the East and West Forks of the San Jacinto, we have approximately 20 square miles of mines.
Contributing to Erosion and Sedimentation
Several key facts about them:
Virtually all are at least partially in the floodway (meaning they’re in the main current of the river during floods).
A small portion of the sand mines upstream from Kingwood on the east and west forks of the San Jacinto. Red Cross-hatched areas represent the floodway. Sand mines are the bright areas in the bottom layer. Aqua represents 100-year flood plain, brown the 500-year.
Texas has no laws requiring a minimum setback from the river. As a consequence the river runs right through them during floods, often breaching dikes.
Memorial Day Flood in 2015 ruptured the dikes on these sand mines on both sides of the West Fork. Floods don’t have to be this major to rupture dikes. I’m aware of four ruptures last year during the July 4 and December 7 floods.
The process of “river” or “pit capture” creates erosion both upstream and down, as this video demonstrates.
Sand mines on the west fork have denuded a swath of forest that averages a mile wide, increasing the river’s potential for erosion during floods by approximately 33X.
HB 509 and HB 2871 Can Help
Two bills being heard tomorrow by the Texas House Energy Affairs committee could help address all of these issues.
HB509 allows Texas Railroad Commission to regulate aggregate production operations (APOs) with the TCEQ. Before mining can start, it requires: a hydrologic impact study, public notice, public hearings, and provides fines up to $10,000 and 1-year in jail for false statements.
The hydrologic impact study must take into account the cumulative impact of all mines in an area. This is critical for an area such as the West Fork, which is heavily over-mined.
HB 2871 requires sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance.
Both Bills Deserve Our Support
They can help make a difference and could help reduce sedimentation due to human sources.
Consider them together with other bills in the House Environmental Regulation Committee (House Bills 907, 908, 909 and 1671) that would create a series of best practices for sand mines, stiffen penalties for violations, and create a water quality control district between Lake Conroe and Lake Houston.
Your First Chance As an Individual to Make A Difference
HB 509 and HB 2871 will be the first bills actually considered since Harvey that could reduce the amount of sediment clogging the San Jacinto and Lake Houston.
Dredging that sediment could potentially cost hundreds of millions of dollars. Obviously, that’s not something the City, County, State and FEMA can fund regularly. So we must takes steps to stop dangerous sand mining practices now.
Ultimately we must require sand mines to move out of the floodway. And we must attach penalties if their dikes breach during floods. That will force miners to establish greater setbacks that reduce the likelihood of pit capture.
Please Help NOW! Here’s How
So please take fifteen minutes and email the members of the House Energy Affairs Committee before they convene tomorrow. Make your voice heard. Reduce the sediment coming downstream that backs up the river and ditches, contributing to flooding. Email address and a sample letter are below.
If you have friends or relatives living in any districts below, reach out to them: their voices as constituents may be even more powerful. Please call or write and encourage friends and relatives to do the same.
Hill Country representatives authored both bills, and considerable support exists for them outside this area. Hill Country concerns differ slightly from ours because different types of APOs operate there – rock quarries. But the rules that help Hill Country people will help us.
Posted by Bob Rehak on April 7, 2019
586 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/FloodWaySandMines.jpg?fit=1500%2C901&ssl=19011500adminadmin2019-04-07 19:04:582019-04-07 19:10:55Act Now to Reduce Sediment Due to Sand Mining
I previously discussed the deed restrictions on the southern portion of Romerica land, where they plan to build most of their high rises. The southern portion is deed restricted to single family residential. That usually means “one family in one house on one lot.”
The largest, northern portion of the land purchased by Romerica for its development between Kingwood Lakes and the Barrington has deed restrictions, too. The restrictions on Romerica’s northern parcels are not quite as limiting, but still conflict in some ways with the developer’s announced plans.
Discussion applies to Romerica parcels roughly outlined in red.
Retail Restrictions
The 29.094 acre parcel of property (green area) adjacent to Woodland Hills is limited to “…church, school, townhomes, triplexes, amenity retail, not to exceed a total of 8,000 square feet for community based retail services such as a restaurant, snack bar, cleaners, ice cream parlor, bar, coffee shop, bakery, gym or other retail…”
That parcel may also be used for offices, or low- to mid-rise, for-sale, multi-housing residential and patio homes.
Other parcels east of the first one are limited to offices or low- to mid-rise, for-sale, multi-housing, townhomes or triplexes, residential, patio homes and a conference center. Romerica has said it plans to put its 50-story hotel and conference center south of the Barrington, where land is restricted to single-family residential.
In Harmony with Surrounding Architecture
All design and architecture must be in harmony with the surrounding areas’.
So much for homes on stilts! Romerica had planned to build its condos on stilts to reduce the amount of fill needed to elevate homes out of the flood plain.
Specifically EXCLUDED: For-rent apartments, traditional single family homes, and duplexes.
Drainage Liability
The developer must also consider the impact that any improvements have on off-site and on-site drainage patterns. If the developer adversely impacts the drainage of adjoining property, the developer must correct the condition to the satisfaction of the adjoining land owner(s).
Surface drainage must go to underground storm drain structures. This could conflict with Romerica’s canal network.
Retail, Open Space, Parking and Height Restrictions
The deed restrictions also prohibit certain types of retail establishments. They include gas stations, night clubs, “adult” establishments, or funeral homes.
A minimum 20% open space requirement applies. All parking and buildings must sit back a minimum of 50 feet from property lines.
Deed restrictions limit building height to five stories. The roof line may not extend more than 65 feet above the slab.
No Boats or Trailers
Significantly, NO BOATS OR TRAILERS may be stored on the property. that could be a disappointment for people who buy condos as part of a marina resort.
The thoughts expressed in this post represent my opinions on matters of public policy. 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 4/6/2019
585 Days after Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/04/Northern-Property.jpg?fit=1500%2C1158&ssl=111581500adminadmin2019-04-05 18:37:422019-04-05 18:49:17Deed Restrictions on Northern Parcels of Romerica Land
For Earth Week: Sand Mine Reclamation Regulations Needed
Texas requires a reclamation plan to get a permit for sand mining. However, according to a spokesperson for the Texas Commission on Environmental Quality, Texas has no requirement to execute the plan when mining is done – except for a small pilot project on the Brazos River. Unscrupulous miners can and do walk away from mines without reclaiming the land when they are finished mining.
No Attempts at Reclamation for 15 Mines in a Mile Radius
Abandoned sand mines like the one above on North Houston Avenue and Townsend blight the Humble area. Across the street sits another abandoned mine and a concrete recycling facility.
A quick check of Google Earth shows that fifteen other abandoned sand pits lay in about a one mile radius near these. TACA, the Texas Aggregate and Concrete Association brags about how mines can be reclaimed, but are they?
Theory Vs. Reclamation Practice
We have the appearance of sand mine regulation. In practice, since the TCEQ began monitoring sand mines in 2011, the commission has levied only a few hundred fines statewide averaging about $800 per fine. That’s a slap on the wrist. Meanwhile, blights like these keep promising areas from re-developing. In the name of helping some businesses, bad actors in the industry harm others…and entire communities. Yet TACA fights legislative fixes.
Potential Legislative Fixes Falter
Two bills introduced in the legislature this year could help address this problem. Both have stalled in committee.
With 38 days left in the legislative session, hopes for both bills are fading fast.
If this makes you angry, register your opinion.
First in a New Series
In coming days, I’ll illustrate other best practices where Texas falls short (and sometimes flat) compared to other states. The series will culminate with a peek inside the multi-million lobbying efforts of TACA.
I’m all for being business friendly, but when that starts to hurt other businesses and residents, I draw the line. That’s not being business friendly; that’s playing favorites.
Posted by Bob Rehak on 4/22/19
601 Days since Hurricane Harvey and 38 days left in the legislative session
Act Now to Reduce Sediment Due to Sand Mining
Sand mines aren’t the only source of sediment on the West Fork, but humans can and must control them. Upstream from Kingwood, on the East and West Forks of the San Jacinto, we have approximately 20 square miles of mines.
Contributing to Erosion and Sedimentation
Several key facts about them:
HB 509 and HB 2871 Can Help
Two bills being heard tomorrow by the Texas House Energy Affairs committee could help address all of these issues.
HB509 allows Texas Railroad Commission to regulate aggregate production operations (APOs) with the TCEQ. Before mining can start, it requires: a hydrologic impact study, public notice, public hearings, and provides fines up to $10,000 and 1-year in jail for false statements.
The hydrologic impact study must take into account the cumulative impact of all mines in an area. This is critical for an area such as the West Fork, which is heavily over-mined.
HB 2871 requires sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance.
Both Bills Deserve Our Support
They can help make a difference and could help reduce sedimentation due to human sources.
Consider them together with other bills in the House Environmental Regulation Committee (House Bills 907, 908, 909 and 1671) that would create a series of best practices for sand mines, stiffen penalties for violations, and create a water quality control district between Lake Conroe and Lake Houston.
Your First Chance As an Individual to Make A Difference
HB 509 and HB 2871 will be the first bills actually considered since Harvey that could reduce the amount of sediment clogging the San Jacinto and Lake Houston.
Dredging that sediment could potentially cost hundreds of millions of dollars. Obviously, that’s not something the City, County, State and FEMA can fund regularly. So we must takes steps to stop dangerous sand mining practices now.
Ultimately we must require sand mines to move out of the floodway. And we must attach penalties if their dikes breach during floods. That will force miners to establish greater setbacks that reduce the likelihood of pit capture.
Please Help NOW! Here’s How
So please take fifteen minutes and email the members of the House Energy Affairs Committee before they convene tomorrow. Make your voice heard. Reduce the sediment coming downstream that backs up the river and ditches, contributing to flooding. Email address and a sample letter are below.
Chris Paddie, Chairman (Marshall/Northeast Texas)
chris.paddie@house.texas.gov
(512) 463-0556
Abel Herrero, Vice Chairman (Corpus Christi area)
abel.herrero@house.texas.gov
(512) 463-0462
Rafael Anchia (NW Dallas)
rafael.anchia@house.texas.gov
(512) 463-0746
Ernest Bailes (Huntsville, Liberty)
ernest.bailes@house.texas.gov
(512) 463-0570
Tom Craddick (Midland area)
tom.craddick@house.texas.gov
(512) 463-0500
Drew Darby (San Angelo area)
drew.darby@house.texas.gov
(512) 463-0331
Charlie Geren (NW Fort Worth)
charlie.geren@house.texas.gov
(512) 463-0610
Roland Gutierrez (SE San Antonio, Live Oak, Universal City, Converse)
roland.gutierrez@house.texas.gov
(512) 463-0452
Cody Harris (Hillsboro, Corsicana, Palestine)
cody.harris@house.texas.gov
(512) 463-0730
Mary Ann Perez (Pasadena, Baytown)
maryann.perez@house.texas.gov
(512) 463-0460
Jon Rosenthal (Far NW Houston)
jon.rosenthal@house.texas.gov
(512) 463-0722
Here is a sample letter of support for HB 509 and HB 2871. Don’t forget to update it with your own contact information.
Spread the Word
If you have friends or relatives living in any districts below, reach out to them: their voices as constituents may be even more powerful. Please call or write and encourage friends and relatives to do the same.
Hill Country representatives authored both bills, and considerable support exists for them outside this area. Hill Country concerns differ slightly from ours because different types of APOs operate there – rock quarries. But the rules that help Hill Country people will help us.
Posted by Bob Rehak on April 7, 2019
586 Days since Hurricane Harvey
Deed Restrictions on Northern Parcels of Romerica Land
I previously discussed the deed restrictions on the southern portion of Romerica land, where they plan to build most of their high rises. The southern portion is deed restricted to single family residential. That usually means “one family in one house on one lot.”
The largest, northern portion of the land purchased by Romerica for its development between Kingwood Lakes and the Barrington has deed restrictions, too. The restrictions on Romerica’s northern parcels are not quite as limiting, but still conflict in some ways with the developer’s announced plans.
Retail Restrictions
The 29.094 acre parcel of property (green area) adjacent to Woodland Hills is limited to “…church, school, townhomes, triplexes, amenity retail, not to exceed a total of 8,000 square feet for community based retail services such as a restaurant, snack bar, cleaners, ice cream parlor, bar, coffee shop, bakery, gym or other retail…”
While Romerica primarily plans condos for this northern section, this may conflict with plans announced on one of the developer’s many web sites – for almost 900,000 square feet of retail.
Multi-Family Low- to Mid-Rise For-Sale Housing
That parcel may also be used for offices, or low- to mid-rise, for-sale, multi-housing residential and patio homes.
Other parcels east of the first one are limited to offices or low- to mid-rise, for-sale, multi-housing, townhomes or triplexes, residential, patio homes and a conference center. Romerica has said it plans to put its 50-story hotel and conference center south of the Barrington, where land is restricted to single-family residential.
In Harmony with Surrounding Architecture
All design and architecture must be in harmony with the surrounding areas’.
Specifically EXCLUDED: For-rent apartments, traditional single family homes, and duplexes.
Drainage Liability
The developer must also consider the impact that any improvements have on off-site and on-site drainage patterns. If the developer adversely impacts the drainage of adjoining property, the developer must correct the condition to the satisfaction of the adjoining land owner(s).
Surface drainage must go to underground storm drain structures. This could conflict with Romerica’s canal network.
Retail, Open Space, Parking and Height Restrictions
The deed restrictions also prohibit certain types of retail establishments. They include gas stations, night clubs, “adult” establishments, or funeral homes.
A minimum 20% open space requirement applies. All parking and buildings must sit back a minimum of 50 feet from property lines.
Deed restrictions limit building height to five stories. The roof line may not extend more than 65 feet above the slab.
No Boats or Trailers
For Complete List of Restrictions
To read the exact text in its entirely, click here and scroll down to exhibit B.
Please note: Roman Arrow, listed in the deed is one of more than 35 companies owned by Romerica’s two managers. Also note: Romerica and its related companies own additional parcels that may have other deed restrictions.
The thoughts expressed in this post represent my opinions on matters of public policy. 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 4/6/2019
585 Days after Hurricane Harvey