After Harvey, it became clear that the simplest and most effective way to avoid sedimentation due to sand mining, was to prevent any new sand mining in the floodway. State Representative Dan Huberty introduced three new bills to toughen legislation on sand mines yesterday. But these bills never mention words like river, setback, buffer zone, erosion, sediment, or floodway.
What the Bills Do
HB 907 – Doubles the penalties for not registering a sand mining operation. New penalties can range from $10,000 to $20,000 per year with the total not to exceed $50,000.
HB 908 – Provides for penalties up to $50,000 for water code violations by sand miners and every-other-year inspections by the TCEQ.
HB909 – Calls for the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations) that comply with applicable environmental laws and regulations.
Good…As Far as They Go
HB 907
…is actually an amendment to the portion of the water code that HB 571 established in 2011. HB 571 targeted unregistered and, therefore, unregulated sand mining operations. If you search back through historical satellite photos of the West Fork between I-45 and I-69 in Google Earth, you can see several such bandit mining operations. Miners would take a backhoe and a dump truck down to a point bar. Then they would start mining sand right out of the river banks. The scars can still be seen today in many places.
I haven’t seen many instances, though, of these kinds of operations in the satellite images since the passage of HB 571 in 2011. That’s good news. But it makes me wonder whether the emphasis on un-permitted operations is misplaced. Most problems come from permitted mines, not un-permitted. So this makes it appear as though we’re putting teeth into mining regulation without really solving the big problems, such as mining in the floodway, breached dikes that remain open for years, and abandoning mines without any reclamation.
HB 908
…specifies that all mines will be inspected at least once every two years to ensure that they comply with “all applicable environmental laws and regulations.” The problem: nowhere does the law (or the TCEQ) specify what those are. So a canoeist, for instance, who spots something suspicious, like a backhoe intentionally letting sediment-laden water out of a mine, has no way to tell if the activity is legal or illegal.
One can spend days searching the TCEQ website looking for the regulations they are supposed to enforce.
Sand mine dike just five weeks after a breach.
Also, every-other-year inspections give grass 730 days to grow and cover up the evidence of breaches in sand mine dikes.
Imagine telling your kid to clean up his or her room; you’ll be back to inspect it in two years.
HB-909
… is a good first step. It directs the TCEQ to establish a set of best practices for sand mining and to publish them. However, the bill does not stipulate the type of best practices to include. Nor does it stipulate any penalties for non-compliance.
It’s like the State telling Porsche owners that those 20 MPH speed limits in school zones are a “good idea.”
Bill McCabe, a member of the steering committee of the Lake Houston Area Grass Roots Flood Prevention Initiative, had this to say. “If they don’t list the BMP’s in the statute, nor authorize any penalties for violation of these BMP’s, what good does this do us? The TCEQ will merely adopt something similar to your BMP’s (the ones I proposed last year); TACA will agree; and everyone will go their merry way with no changes in sand-mining operations. If we later complain, TACA will assert that these are merely suggestions, and not intended to be law. And even if they are law, there are no penalties.
The Appearance of Meaningful
As these bills work their way through committees and the legislative process, residents will have opportunities to testify about their Harvey experiences, provide comments on the bills, and suggest amendments to strengthen them.
But at this point it looks like an uphill struggle. We’ll be lucky to see any truly meaningful legislation in 2019.
TACA Should Be Delighted
TACA, the Texas Aggregate and Concrete Association, will be delighted by these bills. If these become law in their present form, they will create the appearance of protecting people. That could undermine momentum toward regulation that reduces sedimentation.
As always, these are my opinions on matters of public policy protected by the first Amendment of the United States Constitution and the Anti-SLAPP statute of the great state of Texas.
Posted by Bob Rehak on 1/18/2019
508 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/SJR_434_025-e1547864315353.jpg?fit=1200%2C800&ssl=18001200adminadmin2019-01-18 20:45:092019-01-18 21:13:19Three Baby Steps on Sand Mining Legislation
A highly talented Kingwood photographer named Emily Murphy contacted me this week. The proposal to build high-rises near the river alarmed her. The impact on wildlife terrified her.
The Seldom-Seen World In Your Backyard
Emily often kayaks on the river with her camera. She has documented a world that few of us will ever see in person. But it’s there for everyone to see…with a little bit of effort. When she showed me her work, the beauty she revealed took my breath away.
It reminded me of a quote from Ansel Adams, America’s greatest landscape photographer. Adams, who died in 1984, was also one of the early leaders of the Sierra Club. He said…
“If you want to preserve something, inspire people with its beauty.”
– Ansel Adams
Below are some of the quiet, peaceful moments Emily Murphy experienced while paddling the San Jacinto River. All of these photos were taken within a few minutes of River Grove Park and the proposed site of the high-rise development.
Eagle photo Courtesy of Emily Murphy. Taken across the West Fork from where the proposed new high-rise development would go.
Taken from River Grove Park, looking east in morning mist toward the site of the proposed high-rise development. Photo Courtesy of Emily Murphy
American white pelicans and double-crested cormorants on the West Fork. Photo Courtesy of Emily Murphy
Quiet morning light in the backwaters of the West Fork. Photo Courtesy of Emily Murphy
Eagle flying near West Fork and Lake Houston, downstream from proposed high-rise development. Photo Courtesy of Emily Murphy.
Juvenile eagle easting fish east of River Grove Park. Photo Courtesy of Emily Murphy.
Roseate spoonbill on West Fork. Photo Courtesy of Emily Murphy
Feel Free to Use Images for Letters to Corps and TCEQ
Emily Murphy encourages people to submit her photos with their letters to the TCEQ and Army Corps of Engineers. They illustrate why these wetlands are unique and irreplaceable. (However, please do not use them for any other purposes; respect the photographer’s copyright.)
A mitigation-bank credit purchased by the developer in some far-off watershed cannot begin to compensate for the loss of a unique habitat like this…inside the limits of America’s fourth largest city.
A Community Living in Harmony with Nature
Murphy’s photography reminds me of two things. First, it reminds me of why I moved to Kingwood 35 years ago. The fact that Emily can still photograph moments like these is eloquent testimony to the founding vision for Kingwood – a community living in harmony with nature. The density of development was sufficiently low that wild animals such as these still live among us.
Second, it reminds me of a Navajo prayer that I first learned in Canyon De Chelley (pronounced ‘de SHAY’) in northeastern Arizona. The title of the prayer was inscribed on a plaque at Spider Rock, another of the world’s most beautiful places. The inscription simply said, “May you always walk in beauty.” No matter how beautiful architecture is, it can’t match the beauty of nature.
Posted by Bob Rehak on 1/18/2019
507 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/Image-1-7.jpg?fit=1829%2C1569&ssl=115691829adminadmin2019-01-17 06:37:312019-01-17 13:32:14May You Always Walk in Beauty
Someone must have forgotten to tell the developers of the proposed high-rise development. Friendswood Development Company’s Commercial Development Guidelines prohibit buildings taller than 60 feet in Kingwood. Romerica Investments, LLC hopes to build multiple 250 to 500 foot buildings. They would exceed the maximum building-height requirements by 4X to 8X.
Section 2-13: Building Height
Section 2-13 of the guidelines, states, “Building height within master planned residential communities is limited by the use and location in each community as provided for in the deed. When the site is immediately adjacent to single family resident construction, the maximum building height is limited to thirty-five (35) feet at a point twenty-five (25) feet back from the property line. The building height may increase from that point at a 1:1 ratio to a maximum height of sixty (60) feet.”
The proposed development would surround the Barrington. It would also face Deer Cove, Trailwood and Kingwood Lakes.
Map of the proposed high-rise development in relation to surrounding residential subdivisions.
The development fronts another single family residential structure, too – on the east.
Eagle’s nest on 16th hole of Kingwood Country Club’s Island Course.
Benefits of Master Planned Community
Like many people, I moved to a master-planned residential community to avoid the specter of a high-rise building in my back yard. Friendswood Development Company actively sold their deed restrictions and development guidelines as a defense against that.
When I built my building opposite Kingwood Park High School in the late 1990’s, I had to abide by these restrictions like everyone else.
Friendswood Development’s Commercial Development Guidelines, Page II-13
Romerica Investments, LLC markets their proposal as the KINGWOOD Marina Resort. Have the rules suddenly changed?
To download the complete Friendswood Development Company Commercial Guidelines, click here.
As always, these are my opinions on matters of public interest and 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 1/16/2019
505 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/01/IMG_0105.jpg?fit=1500%2C1010&ssl=110101500adminadmin2019-01-16 01:26:152019-01-22 21:24:36Commercial Development Guidelines for Kingwood Limit Building Height to 60 Feet
Three Baby Steps on Sand Mining Legislation
After Harvey, it became clear that the simplest and most effective way to avoid sedimentation due to sand mining, was to prevent any new sand mining in the floodway. State Representative Dan Huberty introduced three new bills to toughen legislation on sand mines yesterday. But these bills never mention words like river, setback, buffer zone, erosion, sediment, or floodway.
What the Bills Do
HB 907 – Doubles the penalties for not registering a sand mining operation. New penalties can range from $10,000 to $20,000 per year with the total not to exceed $50,000.
HB 908 – Provides for penalties up to $50,000 for water code violations by sand miners and every-other-year inspections by the TCEQ.
HB909 – Calls for the TCEQ to adopt and publish best management practices for sand mines (aggregate production operations) that comply with applicable environmental laws and regulations.
Good…As Far as They Go
HB 907
…is actually an amendment to the portion of the water code that HB 571 established in 2011. HB 571 targeted unregistered and, therefore, unregulated sand mining operations. If you search back through historical satellite photos of the West Fork between I-45 and I-69 in Google Earth, you can see several such bandit mining operations. Miners would take a backhoe and a dump truck down to a point bar. Then they would start mining sand right out of the river banks. The scars can still be seen today in many places.
I haven’t seen many instances, though, of these kinds of operations in the satellite images since the passage of HB 571 in 2011. That’s good news. But it makes me wonder whether the emphasis on un-permitted operations is misplaced. Most problems come from permitted mines, not un-permitted. So this makes it appear as though we’re putting teeth into mining regulation without really solving the big problems, such as mining in the floodway, breached dikes that remain open for years, and abandoning mines without any reclamation.
HB 908
…specifies that all mines will be inspected at least once every two years to ensure that they comply with “all applicable environmental laws and regulations.” The problem: nowhere does the law (or the TCEQ) specify what those are. So a canoeist, for instance, who spots something suspicious, like a backhoe intentionally letting sediment-laden water out of a mine, has no way to tell if the activity is legal or illegal.
One can spend days searching the TCEQ website looking for the regulations they are supposed to enforce.
Also, every-other-year inspections give grass 730 days to grow and cover up the evidence of breaches in sand mine dikes.
HB-909
… is a good first step. It directs the TCEQ to establish a set of best practices for sand mining and to publish them. However, the bill does not stipulate the type of best practices to include. Nor does it stipulate any penalties for non-compliance.
Bill McCabe, a member of the steering committee of the Lake Houston Area Grass Roots Flood Prevention Initiative, had this to say. “If they don’t list the BMP’s in the statute, nor authorize any penalties for violation of these BMP’s, what good does this do us? The TCEQ will merely adopt something similar to your BMP’s (the ones I proposed last year); TACA will agree; and everyone will go their merry way with no changes in sand-mining operations. If we later complain, TACA will assert that these are merely suggestions, and not intended to be law. And even if they are law, there are no penalties.
The Appearance of Meaningful
As these bills work their way through committees and the legislative process, residents will have opportunities to testify about their Harvey experiences, provide comments on the bills, and suggest amendments to strengthen them.
But at this point it looks like an uphill struggle. We’ll be lucky to see any truly meaningful legislation in 2019.
TACA Should Be Delighted
TACA, the Texas Aggregate and Concrete Association, will be delighted by these bills. If these become law in their present form, they will create the appearance of protecting people. That could undermine momentum toward regulation that reduces sedimentation.
As always, these are my opinions on matters of public policy protected by the first Amendment of the United States Constitution and the Anti-SLAPP statute of the great state of Texas.
Posted by Bob Rehak on 1/18/2019
508 Days since Hurricane Harvey
May You Always Walk in Beauty
A highly talented Kingwood photographer named Emily Murphy contacted me this week. The proposal to build high-rises near the river alarmed her. The impact on wildlife terrified her.
The Seldom-Seen World In Your Backyard
Emily often kayaks on the river with her camera. She has documented a world that few of us will ever see in person. But it’s there for everyone to see…with a little bit of effort. When she showed me her work, the beauty she revealed took my breath away.
It reminded me of a quote from Ansel Adams, America’s greatest landscape photographer. Adams, who died in 1984, was also one of the early leaders of the Sierra Club. He said…
Below are some of the quiet, peaceful moments Emily Murphy experienced while paddling the San Jacinto River. All of these photos were taken within a few minutes of River Grove Park and the proposed site of the high-rise development.
Feel Free to Use Images for Letters to Corps and TCEQ
Emily Murphy encourages people to submit her photos with their letters to the TCEQ and Army Corps of Engineers. They illustrate why these wetlands are unique and irreplaceable. (However, please do not use them for any other purposes; respect the photographer’s copyright.)
A Community Living in Harmony with Nature
Murphy’s photography reminds me of two things. First, it reminds me of why I moved to Kingwood 35 years ago. The fact that Emily can still photograph moments like these is eloquent testimony to the founding vision for Kingwood – a community living in harmony with nature. The density of development was sufficiently low that wild animals such as these still live among us.
Second, it reminds me of a Navajo prayer that I first learned in Canyon De Chelley (pronounced ‘de SHAY’) in northeastern Arizona. The title of the prayer was inscribed on a plaque at Spider Rock, another of the world’s most beautiful places. The inscription simply said, “May you always walk in beauty.” No matter how beautiful architecture is, it can’t match the beauty of nature.
Posted by Bob Rehak on 1/18/2019
507 Days since Hurricane Harvey
Commercial Development Guidelines for Kingwood Limit Building Height to 60 Feet
Someone must have forgotten to tell the developers of the proposed high-rise development. Friendswood Development Company’s Commercial Development Guidelines prohibit buildings taller than 60 feet in Kingwood. Romerica Investments, LLC hopes to build multiple 250 to 500 foot buildings. They would exceed the maximum building-height requirements by 4X to 8X.
Section 2-13: Building Height
Section 2-13 of the guidelines, states, “Building height within master planned residential communities is limited by the use and location in each community as provided for in the deed. When the site is immediately adjacent to single family resident construction, the maximum building height is limited to thirty-five (35) feet at a point twenty-five (25) feet back from the property line. The building height may increase from that point at a 1:1 ratio to a maximum height of sixty (60) feet.”
The proposed development would surround the Barrington. It would also face Deer Cove, Trailwood and Kingwood Lakes.
The development fronts another single family residential structure, too – on the east.
Benefits of Master Planned Community
Like many people, I moved to a master-planned residential community to avoid the specter of a high-rise building in my back yard. Friendswood Development Company actively sold their deed restrictions and development guidelines as a defense against that.
When I built my building opposite Kingwood Park High School in the late 1990’s, I had to abide by these restrictions like everyone else.
Romerica Investments, LLC markets their proposal as the KINGWOOD Marina Resort. Have the rules suddenly changed?
To download the complete Friendswood Development Company Commercial Guidelines, click here.
As always, these are my opinions on matters of public interest and 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 1/16/2019
505 Days since Hurricane Harvey