Mine process wastewater flooding neighboring properties in upper right. Picture taken Jan 20, 2020.Mine process wastewater flooding neighboring properties in foreground. Picture taken Feb. 13, 2020.Triple PG wastewater on neighboring properties on March 6, 2020. See water in strip of trees in front of stockpile.
TCEQ Report on Compliance Investigation
TCEQ observed process water outside Triple PG’s property boundary and concluded, “The allegation of a discharge of process water was confirmed. As a result of the investigation conducted on March 11, 2020, one alleged violation was noted for failure to prevent the discharge of process water.” That was the fourth such finding in five years for the mine.
TCEQ says in part, “Because process water was located outside of the facility’s property boundary with a high likelihood to enter waters of the state, an unauthorized discharge had occurred.”
676% Higher Levels of Suspended Sediment than Creek Water
Wastewater was overflowing from Ponds Five and Six. Analysis of water samples showed that the overflow had levels of suspended solids in it that were 137% to 676% higher than the background level found upstream in White Oak Creek. That’s more than 2X to almost 8X above the creek water.
Discharge Not Authorized
Both TCEQ rules and the terms of the injunction prohibit any discharges of process water not authorized by the TCEQ.
The Notice of Enforcement issued by the TCEQ on 4/3/2020 cites, “Unauthorized discharge of process water: Specifically, during the investigation conducted on March 11, 2020, process water was noted outside the property boundary of Triple PG Sand Development Facility with the likelihood to enter waters of the state.”
Recommended corrective action? TCEQ simply says, “There shall be NO unauthorized discharge of pollutants.”
Additional Fines Possible
The Texas Water Code Section 7.102 allows fines up to $25,000 per day for each day of a continuing violation. See flooded neighboring properties above in January, February and March flyover photos.
That water was building up and flooding adjoining properties for at least three months. This could get expensive for Triple PG!
The Attorney General’s office did not respond yet to a request for comment about the type of penalties that it would seek, if any.
Fourth Unauthorized Discharge in Last Year
TCEQ has conducted eight other investigations at Triple PG in the previous 5 years. They included investigations into:
Failure to renew their registration
Alleged failure to maintain pollution prevention measures and controls
Failure to maintain a Stormwater Pollution Prevention Plan (SWP3)
Unauthorized discharge of process water (three times since May 2019)
This makes the fourth citation for unauthorized discharges in a year.
Editorial Comment: This mine just doesn’t seem to take the TCEQ, Attorney General, State of Texas or the health of their neighbors seriously. I hope the Attorney General shuts them down.
Posted by Bob Rehak on 4/6/2020
951 Days after Hurricane Harvey and 200 after 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/2020/03/20200306-RJR_0052.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-04-06 18:39:052020-04-06 20:36:51TCEQ Alleges Fourth Unauthorized Discharge in 10 Months at Triple PG Mine
In tomorrow’s Harris County Commissioners’ Court meeting, county leaders will discuss, in executive session, the possibility of purchasing Woodridge Village land from Perry Homes. The idea: to build a large detention basin with sufficient capacity to keep Elm Grove from flooding again.
Then Elm Grove flooded twice in five months, on May 7th and September 19th, 2019. Approximately two hundred homes flooded in May. Two or three times that number flooded in September.
The flooding was not due to normal street flooding or overflow from Taylor Gully. Overland sheet flow from Woodridge Village caused it.
Clearcutting increased the amount and rate of runoff in both storms so that it accumulated at the county line culvert quickly and overflowed into Elm Grove streets.
Even that capacity is undersized by approximately 40% because Perry contractors used pre-Atlas 14 rainfall statistics in their computer modeling.
The water table is much higher than Perry anticipated. Their 15-foot deep detention basin is constantly about one-third filled with water, reducing detention capacity even more.
About a quarter to a third of the site was previously wetlands. Standing water there has not evaporated for months.
If Harris County doesn’t buy it and convert it into a detention basin, Elm Grove is likely to flood again.
The recurrent flooding and uncertainty have caused many families to flee the affected area already. Homes are selling for 50 cents on the dollar. Many homes remain vacant and rotting. Many who are left can’t afford to move.
It’s becoming a public-health and mental-health issue at this point. People are reluctant to repair their homes until they are certain of mitigation that has a chance to succeed.
Hints
Be positive. Harris County didn’t cause this problem.
Don’t flame. Honey attracts more bees than vinegar.
Don’t demand. They have many problems to solve.
Specify that this relates to Item IV on the agenda for 4/07/20. It relates to a request by Commissioner Cagle to discuss the purchase of real property in the Elm Grove area needed for flood control purposes.
Of the four other votes on the Court, Cagle needs commitments from two to make this happen. Steve Radack, Precinct 3 Commissioner; Lina Hidalgo, County Judge; and Adrian Garcia, Precinct 2 Commissioner are the most likely supporters.
951 Days after Hurricane Harvey and 200 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/04/Harris-County-Logo.jpg?fit=800%2C800&ssl=1800800adminadmin2020-04-06 15:29:312020-04-06 15:43:51Last Chance to Ask County Leaders to Help Prevent Elm Grove Flooding
I have known Bruce Sprague for 30 years. He has always been a contributor. He flew cargo planes in Vietnam back in the 1970s and was honorably discharged from the Air Force as a Major. Then he captained commercial planes for Continental Airlines. Most recently, he taught military pilots how to transition to commercial aircraft. Like most pilots who live to the age of 73, Bruce follows procedures religiously and always has backup plans to his backup plans. But lately, life has dealt him a series of blows that have left him flying on fumes with only one engine.
While in the US Air Force and USAF Reserves from 1970 thru 1984, Sprague flew C5s all over the world.Bruce Sprague flew for Continental Airlines from 1978 thru 2006. Here is his most famous passenger in 2001, right after the terrorist attacks.Bruce is the pilot standing next to George Bush.
In 2006, at age 60, FAA regulations forced him to retire from flying. Then in 2008, the financial crisis wiped out a large part of his retirement savings. Next, in 2017, he flooded from Hurricane Harvey. Then the Texas General Land Office (GLO) denied him a grant under the Homeowner Assistance Program (HoAP) because he had already taken out an SBA loan. And most recently, he lost his teaching gig when the airline industry went into a tailspin due to the corona virus; no new pilots needed!
So now, Bruce is trying to regain altitude by appealing the grant rejection, but the GLO is still stalling him.
This is the story of a man who has been 1) forced out, 2) wiped out, 3) flooded out, 4) ruled out and 5) “virused” out.
Despite all that, Bruce has maintained a positive attitude. I’m writing this because he symbolizes, according to a GLO estimate, a thousand other Texans caught in a similar bind.
Waking Up on August 29, 2017, to a Changed Life
Rehak: What happened to you and your home during Harvey?
Sprague: Like most people, we went to bed on the night of August 28th thinking we were safe. But on the morning of the 29th we woke up to find an army of insects marching in front of a what felt like a tidal wave headed toward our house. Soon, the water started creeping in. It eventually reached 25 inches in the house and 30 inches in the garage.
The Sprague Kitchen on the morning of August 29, 2017 during Harvey
Rehak: Did you have flood insurance?
Sprague: No. We are in the 500-year flood plain.
Rehak: What happened next?
Reconstruction, Loans and Grant: Start of Even Bigger Problem
Sprague: Luckily, our son in law is in a business that regularly uses lots of contractors. He got people repairing our home right away. And they only charged us cost. No markup. That was the good news. But because of financial losses in 2008, we still had a mortgage and less in our retirement fund than I planned. So we applied for an SBA loan. And they loaned us about $90,000. We also got about $30,000 of individual assistance from FEMA. But the repairs cost $130,000 and that didn’t include contents and replacement of two cars. At any rate, we were able to get back in our house by Christmas, which was close to a record.
Tearing out wallboard, insulation, cabinets and flooring.
Rehak: Some time later, HUD Homeowner Assistance grants became available and you applied for one. Did you see anything in the fine print to cause you concern?
Sprague: Yes, there was a clause called “Duplication of Benefits.” It said that if we had taken an SBA loan, we would not be eligible for the grant.
Rehak: Did you ask about that?
Sprague: Yes, the person at the City who processed our application for the General Land Office said that would not be a problem. “Not to worry about it,” she said.
Rehak: So you applied?
Sprague: Yes. We went thru a year long process to fill out forms. We made multiple visits to the HoAP offices, and many, many phone calls and emails.
Loan With Interest Classified Like Grant
Rehak: What happened?
Sprague: They denied us.
Rehak: Why?
Sprague: Duplication of benefits.
Rehak: How is a loan that you have to pay back with interest a “benefit”?
Sprague: Those are their rules. But that wasn’t our only problem. Even though we had receipts totaling $130,000 for repairs, and even though most other people in the neighborhood paid more than $200,000 to repair their homes, the City inspector estimated we only had about $105,000 worth of damage. That reduced the amount of any potential grant.
Not Following Katrina Model
Rehak: When people hear the words “duplication of benefits,” it conjures up images of double dipping and fraud.
Sprague: Right. Had we applied for GRANTS that totaled more than we paid, I would agree with that. But a loan is not a grant. You have to pay it back…with interest. So you’re not defrauding the government unless you default on the loan. Look at it this way.
We had way more in repair costs than the total of our loans and grant. And they’re not even considering a homeowner assistance grant.
The belongings of a lifetime on the curb for looters and garbage men to take. Sprague lives in a one-story house.
Appropriations Bill Stalled In Senate Due to Virus
Sprague: It stalled in the Senate because everyone is focusing on corona virus now. The GLO has not changed its position. They say that even though Congress and the President have clarified their position, “the rules came too late.”
Rehak: That leaves you in limbo. And you’re dealing with two disasters now: Harvey and the virus.
Sprague: I understand that people are just doing their jobs, that they have rules to deal with, and they’re trying to prevent fraud. But it sure is frustrating when the President tells someone in his chain of command, “This is how I and Congress want this to work,” and then people down the line don’t follow instructions.
Rehak: Are you holding out much hope for a grant at this point?
Sprague: No time soon. It’s been more than two and a half years since Harvey. When natural disasters destroy people’s lives and homes, they need help right away, not three or four years later.
Hoping Appeals Last Long Enough
Rehak: Have you appealed?
Sprague: Yes. We’re on our second appeal. Three appeals are possible. We’re hoping we can keep this going long enough for Crenshaw’s appropriations bill to get some traction in the Senate and for the GLO to revise its rules.
Rehak: Is there any hope in the Senate? Have you approached Cruz or Cornyn?
Sprague: I’ve gotten some nice form letters back from them saying they are “working for all Texans.”
Rehak: What do you hope for at this point?
Sprague: I just hope we survive corona so our heirs don’t inherit a mountain of debt with our house. Until now, I’ve never asked anything from my government. I hope just this once they come through.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/04/IMG_8048.jpeg?fit=1280%2C960&ssl=19601280adminadmin2020-04-04 19:54:202020-04-05 10:16:20Bruce Sprague’s Hurricane Harvey Story, Part VI
The SJRA announced earlier this week that the Harris County Flood Control District will partner with the River Authority on a “sediment trap” pilot study for the East and West Forks of the San Jacinto. The two have hired engineering firm Freese & Nichols to conceptually design the traps and identify the optimal locations for them.
Finding the Right Combination of Factors
Most sediment traps are big holes dug in a river or channel though some are off to the side. As water passes them, velocity decreases. Suspended sediment and sand being pushed along the river bed fall into them.
Source: EPA. The hole reduces water speed which accelerates deposition in a fixed location that’s easy to clean out.
The optimal length, for instance, depends on the speed of floodwaters and the settling rate of sediment particles. The trap needs to be long enough to give suspended sand time to fall out of suspension. Otherwise, sand just passes over the trap and continues downriver.
The hope: that the right type of traps placed in the right locations could help reduce flooding by reducing the amount of sediment migrating downriver and then blocking the mouths of each river branch.
Coming Out of HB1824 and River Basin Study
House Bill 1824, passed just last year, helps make sediment traps financially feasible. It allows the partners to remove material from the San Jacinto River and its tributaries to restore, maintain, or expand storm flow capacity without the need for state permitting or a royalty payment to the state.
The scope of work outlined for Freese & Nichols includes, but is not limited to:
Reviewing and comparing: current and historical LiDAR surveys and aerial photos to gauge sediment erosion, deposition and location
Evaluating digital elevation maps to identify constrictions
Identifying the ten areas with the largest volumes of sediment deposition, including the two largest at a sand mine.
Reviewing FEMA floodplain, National Wetland Inventory, Texas Historical Commission and Texas Parks and Wildlife information for any problems related to each potential site.
Core sampling of sand bars to determine silt content
Ranking preliminary locations using the following: sediment deposition volume, potential sediment storage volume, proximity to existing roads, proximity to existing APO facilities.
Selecting the four locations with the highest potential based on drainage area, sediment load, geology, road access, etc.
Narrowing that to three locations in conjunction with SJRA and HCFCD
Developing sediment trap conceptual solutions specific to each of the final three selected sites
Estimating rate of sediment accumulation and clean-out intervals
Estimating reduction of sediment accumulation due to trapping
Submitting a final report.
The project does NOT extend into Lake Houston. Freese & Nichols will examine both the East and West Forks plus three miles upstream from the East and West Forks along certain tributaries. Tributaries would include, for instance, Lake Creek and Caney Creek. The idea is to intercept sediment before it can make its way into the lake.
Project Timing
The project timetable indicates completion in early fall of 2020, about the same time as the entire San Jacinto River Basin Study. Thus, any recommendations coming out of this project would not be constructed for this hurricane season. SJRA currently hopes to have the trap(s) installed by the end of 2022.
Pros and Cons of Sediment Traps
Proponents say sediment traps can reduce expensive dredging, restore fish habitat, reduce flood risk and more. However…
The scientific literature on sediment traps reveals mixed reviews. Many efforts fail, primarily because of lack of maintenance budgets and regular clean-outs. The SJRA and HCFCD plan to address that issue upfront by involving the sand mining industry. Notice that of the four location-ranking criteria bolded above, three favor proximity to sand mines:
Sand mines have pits to store sediment.
They have roads that lead to the river that can carry heavy equipment.
Mines have cleaning, sorting and transportation facilities onsite to reduce transportation costs, and thus make material more attractive for resale.
Compensation for Sand Miners
A compensation agreement for sand miners who remove sediment from traps has not yet been worked out. However, Matt Barrett, SJRA’s project engineer, says, “The intended benefit to the APOs of participating in the public-private partnership would be that they could utilize or sell the material they remove from the trap(s). ”
River mining is outlawed in Europe, many other first-world nations, and even in some third world countries.
It tends to alter the gradient of rivers; cause upstream and downstream erosion; destroy private property along river banks; and undermine infrastructure such as bridges and pipelines.
Thus, the sediment traps raise a question of potential liability. If a pipeline or bridge is undermined or if property is eroded by the traps, who is responsible?
“Stability of the river is key to the long term safety and well-being of our community. We know that our public agencies have an important task. Before spending additional taxpayer dollars, don’t we want to make sure that projects won’t make problems worse AND won’t raise taxpayer costs?” said Jill Boullion, Executive Director of the Bayou Land Conservancy.
SJRA Response to Concerns
The SJRA has consistently denied that it would permit wholesale river mining. Most recently, Matt Barrett, the River Authority’s engineer for the sediment trap project said, “SJRA has no intention of engaging in or facilitating river mining in the San Jacinto River or any of its tributaries. The legislative language in HB1824 allows for the removal of material for the purpose of restoring, maintaining, or expanding the capacity to convey storm flows. Any projects undertaken by SJRA to remove or facilitate the removal of material from the San Jacinto River or its tributaries would be for this purpose.”
“River mining is not part of what we are doing. Only sediment in the trap will be removed,” he said.
Barrett is aware of potential hazards. “SJRA and its consultant are aware of the potential negative impacts that can be caused by trapping and removing sediment from a river or stream – changing the sediment balance – and prior to constructing any sediment trap or implementing removal of any material will perform analysis to ensure that any potential negative effects do not offset the positive.”
He sees the current design project as part of a pilot study that can scale up later. “One of the goals of this relatively small scale project is to serve as a “pilot” that gives us data on the real-world effectiveness of sand traps. If data indicates this is a viable flood risk mitigation solution, then additional funding and partnerships could be sought to expand the concept. We are excited to start this project and seek solutions to reduce flood risk.
For More Information
For more on how on sediment traps work, see this presentation found on the EPA site about a project in Michigan. It’s not directly analogous to south Texas because rainfall rates, soil types and gradients differ. But helps explain the theory of traps.
948 Days after Hurricane Harvey and 197 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/04/How-Traps-Woirk.jpg?fit=1346%2C1058&ssl=110581346adminadmin2020-04-02 19:42:462020-04-03 16:21:37HCFCD Partners with SJRA on Sediment Trap Project
Reasons: unusually warm seawater in the Atlantic and the likely LACK of an El Niño in the Pacific. El Niño in the Pacific usually sets up wind shear that tears apart storms in the Atlantic. Said another way, they help keep tropical storms from developing into full-force hurricanes. But without El Niño, the lack of shear allows more storms to develop and creates active hurricane seasons.
Source: NOAA, From April 2, 2020. Shows most of Atlantic has above-normal sea-surface temps, and that temps immediately offshore the upper Texas and Louisiana Coasts are now 4-5 degrees above normal.
CSU predicts 18 named storms will develop.
AccuWeather released its hurricane season predictions a week earlier. They predict 14-18 names storms. Of those, seven to nine will likely become hurricanes, and two to four are likely to hit the U.S. mainland.
NOAA should issue its forecast in late May.
Hurricane season extends from June 1 to November 30.
March Warmth Unrelated to Hurricane Season
Jeff Lindner, Harris County Flood Control’s meteorologist, says that the unusually warm March that south Texas just experienced (about 8 degrees above normal) will have little effect on tropical storm formation. “There is some correlation with a warm Gulf of Mexico and severe weather and flooding along the Gulf Coast during the spring months. But there is little to no correlation to tropical activity in the Gulf during summer months.”
3-4 Inches of Rain Possible in Next 5 Days
Speaking of Spring rains, Lindner also predicts a stormy weather pattern will set up over our area for the next 5-7 days. He says “some severe weather and heavy rainfall will be possible.”
“Widespread rainfall amounts of 1-2 inches with isolated totals of 3-4 inches will be possible between this afternoon and Saturday,” says Lindner. He predicts the heaviest rainfall across area north of I-10. Storms could train, producing the higher rainfall amounts. But Lindner also adds, “It has been dry of late and the soil can take several inches of rainfall as long as it is not all at once.” So no one is talking about flooding at this point.
NOAA predicts a slight chance of severe storms Friday evening, mostly west of Houston.
Here’s where NOAA predicts the heaviest rains to fall during the next 5 days and what the total accumulations should be.
Posted by Bob Rehak on 4/2/2020
947 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/04/atl_anom.gif?fit=800%2C737&ssl=1737800adminadmin2020-04-02 12:59:582020-04-02 13:06:34“Above-Average” Hurricane Season Predicted This Year
Harris County Precinct 4 Commissioner Jack Cagle has placed an item on next Tuesday’s Commissioners’ Court Meeting that will affect the future of Kingwood. It’s to discuss the possibility of Harris County Flood Control spending $10 million to buy the Perry Home’s Woodridge Village property. It contributed to flooding hundreds of homes in Elm Grove and North Kingwood Forest TWICE last year.
Where Will Two More Votes Come From?
Cagle needs at least two more votes on Commissioners Court in addition to his own to approve the effort. Reportedly, Judge Lina Hidalgo, Commissioner Adrian Garcia in Precinct 2 and Commissioner Steve Radack in Precinct 3 are the most “gettable.”
Here’s how you can help. Email or call these officials today. Urge them to support Cagle’s motion. Do it NOW. I’ve listed their contact info below.
At Stake: The Future of Kingwood
Ten flooded homes in a row, all vacated. Photo taken in North Kingwood Forest in December 2019. All homes back up to Woodridge Village.
Without help, Elm Grove and North Kingwood Forest could drag down the reputation of the entire Kingwood community.
Additional flooding could devastate remaining homeowners. Many were already struggling to pay repair bills from two floods. Now corona-virus layoffs make that even more difficult.
Elm Grove kitchen home five months after being flooded a second time.
These are working class neighborhoods. As much so as any in Harris County. People simply can’t afford to flood again.
Language in last year’s flood bond allows Harris County Flood Control District to buy property in neighboring counties for the purpose of building upstream detention. The lack of detention on Perry Homes’ property is the primary reason hundreds of homes in Kingwood flooded. Two years after clearing the property, Perry Homes still has constructed only 23% of the needed detention.
No Other Good Alternatives At This Time
Harris County Flood Control reportedly can start work on expanding detention capacity as soon as Commissioners reach a deal.
If they can’t, Perry has said it will sell Woodridge Village to another developer or continue to develop the property itself. However, if that happens, the detention ponds on the property would still likely be undersized by 40%. That’s because Perry Homes rushed to get their plans approved before the new, higher Atlas-14 rainfall standards went into effect.
Help Now! Here’s How
To contact Judge Hidalgo, Commissioner Garcia or Commissioner Radack:
Remind them that Harris County receives drainage from at least FIVE surrounding counties. This problem is a county-wide problem, not just a Precinct 4 problem.
Please call or write now if you live in the Kingwood, Huffman, Humble or Atascocita areas. Even if you did not flood, flooding from Woodridge Village affects you and your home value. No one in this area can afford to let this sore fester any longer.
Posted by Bob Rehak on 4/1/2020
946 Days after Hurricane Harveyand 195 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/09/Elm-Grove-9.19_68.jpg?fit=1500%2C1000&ssl=110001500adminadmin2020-04-01 16:09:432020-04-01 18:46:07What You Can Do Right Now to Encourage HCFCD to Buy Woodridge Village Property
The EPA has suspended normal enforcement of air and water pollution rules during the corona virus epidemic. Critics fear it could cause more deaths. They also fear that rules forced through during the emergency could hamper future pollution control efforts. Specifically, a new, broadened rule would limit use of research based on confidential health information in regulatory decisions.
Full Text of EPA Memo
This 7-page memo from the EPA outlines the new policy. It says, the EPA will “generally not seek stipulated or other penalties for noncompliance…” The thrust of the memo: EPA is counting on industry to self-report violations. If violations relate to worker shortages due to the virus, EPA will not seek penalties. EPA will also give offenders time to remedy the situation.
Reaction from Interceptor
Sharon Lerner writes in The Interceptor that “EPA IS JAMMING THROUGH ROLLBACKS THAT COULD INCREASE CORONAVIRUS DEATHS.” The article cites the case of a Pasadena refinery exceeding benzene emission limits. It also cites problems in St. Johns, Louisiana. St. John reportedly has the highest cancer risk from air pollutants in the country. Area residents are routinely exposed to dozens of air pollutants, including the carcinogen chloroprene.
Residents worry that their weakened immune response from the chemicals will make them even more susceptible to the virus.
Review by New York Times
Lisa Friedman writes in The New York Times that “E.P.A., Citing Coronavirus, Drastically Relaxes Rules for Polluters.” The EPA, says the article, will focus during the outbreak “on situations that may create an acute risk or imminent threat to public health or the environment” and said it would exercise “discretion” in enforcing other environmental rules. In other words, they will focus primarily on the worst cases.
Ms. Friedman interviewed former EPA administrators. Gina McCarthy, who led the E.P.A. under the Obama administration and now serves as president of the Natural Resources Defense Council, called it “an open license to pollute.” Cynthia Giles, who headed the E.P.A. enforcement division during the Obama administration, said: “This is essentially a nationwide waiver of environmental rules. It is so far beyond any reasonable response. I am just stunned.”
A current spokesperson for the EPA, Andrea Woods, disagreed. “For situations outside of routine monitoring and reporting,” she said, “the agency has reserved its authorities and will take the pandemic into account on a case-by-case basis.”
Protest by 21 Environmental and Watchdog Groups
Meanwhile, Rebecca Beitsch reports in The Hill that “Coalition petitions EPA for disclosure as agency OKs suspension of environmental monitoring.” She says, “Environmental groups have characterized the memo as a license to pollute, as companies will not have to submit regular reports to the EPA showing they are not violating environmental laws.” She cites a petition spearheaded by the Natural Resources Defense Council which was signed by 21 environmental and watchdog groups. “We fully appreciate the disruption and harm caused by the COVID‐19 pandemic. But EPA’s unprecedented non‐enforcement policy creates a clear opportunity for abuse,” states the petition.
LA Times Reports on Reaction by California Officials
The Los Angeles Times reports in an article by Susanne Rust, Louis Sahagun and Rosanna Xia. “Citing coronavirus, EPA suspends enforcement of environmental laws.” The LA Times article focuses on the response of California officials. “The severity of the COVID-19 crisis should not be used as an excuse by the EPA to relax enforcement of federal environmental laws designed to protect public health and safety,” said Serge Dedina, mayor of Imperial Beach. His city, on the Mexican border, is under constant siege from pollution. “This crisis has only underscored why protecting public health and safety and our environment is more critical than ever.”
Is EPA Using Crisis as Cover to Make Concessions to Polluters?
Vox in an article by By Zeeshan Aleem claimed that “The EPA appears to be using coronavirus to make huge concessions to polluters.” It says the rule will remain in place indefinitely. And it gives factories, power plants, and other major polluters tremendous discretion. Now they can decide whether or not the coronavirus will prevent them from meeting legal requirements on air and water pollution and hazardous waste management. “Many experts and environmental advocates say that while case-by-case relaxation of rules for companies that are short-staffed due to the pandemic makes sense, the expansiveness of the EPA’s directive appears both unprecedented and designed to give a green light to polluters to act recklessly at a time when air quality is acutely important for public health.”
The list goes on. A google search returned 11,800,000 results.
Will TCEQ Follow EPA Lead?
To say this is controversial would be an understatement.
At the very time when people’s lives and health are threatened by the virus, the EPA is dialing back enforcement of pollution rules that protect their lives and health.
At best, you could characterize the reaction to the new rule as “practical” given new constrictions we all operate under.
The City of Houston has completed repairs on the Tree Lane Bridge over Ben’s Branch…at least for now. The City partially concreted a wing wall and placed riprap in the stream bed to help reduce erosion and scour. However, the root cause of the damage remains. Upstream development without adequate detention is funneling more and more water into Ben’s Branch. The higher volume will continue to contribute to scouring and erosion in major storms unless detention ponds upstream are built and fixed.
Water Under the Bridge
As I struggled to understand what I was looking at, an online search revealed this excellent 196-page, well-illustrated document. It’s titled “AN ILLUSTRATED GUIDE FOR MONITORING AND PROTECTING BRIDGE WATERWAYS AGAINST SCOUR.” Robert Ettema, Tatsuaki Nakato, and Marian Muste from the College of Engineering at the University of Iowa produced it for the Iowa Department of Transportation.
It begins with a maxim: “Person who overlooks water under bridge will find bridge under water.”
The document points out that bridge engineers often assume that a stream channel will maintain its course and dimensions. But most channels adjust their alignment and shape in response to floods and land-use changes in their watersheds. That has happened on Ben’s Branch in recent years.
“Channel changes sometimes have severe consequences for bridge waterways,” say the authors.
Scour and Progressive Degradation
A review of the entire paper reveals two types of destructive forces at work on the Tree Lane Bridge.
Long-term scour is one. It occurs over a time scale of several years, and usually includes progressive degradation and lateral bank erosion due to channel widening or meander migration.
Progressive degradation is another. It features the almost permanent lowering of the river bed at a bridge site owing to changes in the watershed [e.g., head-cut progression (head-cutting), or human activities (e.g., channel straightening or urbanization)].
The area around the Tree Lane bridge supports has been badly eroding for years. A 12-inch water line that was once buried 5 feet below the stream bed is now at the water surface. See below.
How the area downstream from the bridge looked in December before repairs started.
Scour and erosion under and around bridges are constant problems for engineers. This bridge is a great example. Any time a structure interrupts the flow of floodwater, it creates turbulence (vortices in the flow) that can lead to erosion.
During Harvey, scour destabilized the Union Pacific and US59 bridges across the West Fork. Both had to be replaced for safety.
The Tree Lane Bridge doesn’t appear to be to that point yet. But the heavier load placed on Ben’s Branch by new upstream developments, such as Woodridge Village,Woodridge Forest, and Brooklyn Trails, may be pushing this bridge beyond its design capacity.
Source: FEMA. Bridge constricts water flow (from top to bottom). The pressure of water stacking up behind the bridge forces the water to accelerate under the bridge, causing erosion and scour.See below.Major storms in the last four years have eroded a large area immediately downstream from the bridge.
Concrete and Rip Rap Should Help in Short Term
To address these problems, the City repaired part of a concrete wing wall. They also placed riprap (boulders) downstream from the bridge and below a stormwater drain.
Riprap breaks up the flow of water and slows it down. This reduces erosion and scour.
Partially concreted wall (left) and riprap at Tree Lane Bridge over Ben’s Branch, Kingwood, TX.Photo courtesy of COH Public Works.Tree Lane Bridge repairs, Kingwood, TX.Photo courtesy of COH Public Works.
…But Root Causes for Damage Remain
However, problems remain, both here and upstream.
That 12-inch water line could be taken out in the next flood by a tree flowing downstream. If the flood lasts for several days as it did during Harvey, the loss of water would be a major inconvenience to the residents of Bear Branch.
Until we can address the root causes of such damage, I fear that maintenance on this bridge will be a constant, long-term issue…despite the City’s best intentions.
Slabs of concrete still lean against water main.In extreme event, water could still get behind concrete repair and peel it away from bank.
Posted by Bob Rehak on 3/31/2020
945 Days since Hurricane Harvey
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/2020/03/20200327-RJR_0444.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-31 18:07:122020-03-31 18:13:17City Completes Repairs on Tree Lane Bridge, But Concerns Remain
On March 24, Montgomery County Commissioners approved a resolution that allowed the County Attorney to sue a new Carriage Hills sand mine operating on the West Fork of the San Jacinto. The text of the lawsuit was vague as to actual violations. But on Monday, March 30, B.D. Griffin, the Montgomery County Attorney supplied more details about the complaint. He also discussed the status of the suit, what the mine is doing, and likely long-term outcomes.
Operator Violated Floodplain Permit
According to Griffin, counties in Texas have few tools to regulate land use. However, floodplain regulations are one of them. Montgomery County alleges that the Carriage Hills sand mine operator, Skilled International, was in violation of the floodplain permit issued to MBM Sand Company, the landowner.
Griffin says there were two main issues. First, MBM obtained the permit, but it was not transferrable to Skilled. Second, Skilled is operating in the floodway of the San Jacinto West Fork. The MBM permit allowed floodplain operations, but not floodway.
Therefore, according to Griffin, they operated where they should not have. Floodway operations are subject to more regulations and more stringent regulations than floodplain operations. “They were operating outside the boundaries of their permit,” said Griffin. “That’s why we sought the authority to file suit against them. They were in violation of their floodplain permit.”
Mine Closes Voluntarily Until It Gets Proper Permit
The County, however, did not actually have to file the suit against the Carriage Hills sand mine. “They have complied voluntarily and shut down the sand pit operations until they get their approvals to operate in the special flood hazard area,” said Griffin.
He further stated that, “If you fail to enforce your regulations, then you jeopardize the county’s participation in the national flood insurance program. That’s major. But we try to enforce the regulations anyway because it’s the right thing to do. We’re not after fines necessarily, but we do have that ability if necessary.”
“The operator also told us in writing that they will cease operations until they get the proper permits,” said Griffin. Three officials from Montgomery County checked and found that the mine has, in fact, ceased operations.
What Mine Must Do to Comply
“Basically, they need to show where they are operating. If it’s in the floodway, there are more regulation than if they are just in the flood plain. They need to show that they’re not increasing the base flood elevation and that there are no adverse impacts to adjoining properties. AND they have to have it all certified by engineers in order to get their permit.”
That means the engineer will need to conduct an H&H (Hydrologic and Hydraulic) study for the floodway portion of the mine’s permit. “They need that to show that they won’t raise the base flood elevation and that they won’t adversely impact adjoining properties.”
Truck Traffic Will Likely Return When Permits Obtained
While the threat of a County suit has eliminated all the truck traffic through Carriage Hills for now, in the long run, things may not change much. Griffin says, “You have to understand. Land use regulation by a county is fairly limited in Texas. We don’t have the powers of a municipality and we don’t have the powers of the State.”
Griffin continued, “So, we can only regulate land use with very limited means. One of those is floodplain regulations. The other is subdivision regulations. So, what we look to and require, is often not the same as what an adjoining landowner may want.”
“We want compliance with our permitting process and with the actual regulations themselves. The Carriage Hills sand mine can’t increase water on adjoining property and they can’t raise the base flood elevation. Those are the two big ones,” said Griffin.
Regarding the heavy truck traffic on residential roads, Griffin says,“It’s a public road. Unfortunately, we can’t do much. The state can issue overload permits and they have the right to run on our roads. We can’t do anything about it. There’s a limit as to what the county can do. And, you know, we are in a fast-growing county. As population density increases, we can get more of these problems. There’s not always a win-win solution. But if we take some actions like this, it makes people think about being good corporate neighbors.”
Up to 600 trucks per day were disturbing these quiet residential streets in Carriage Hills, a Conroe subdivision near the West Fork San Jacinto.
Threat of County Lawsuit Remains
Skilled International, the mine’s operator has not given a timetable for compliance yet. But Griffin says they have hired a consultant who is working directly with the County Engineers office. In the meantime, they have agreed to suspend operations until they get their proper permits.
Says Griffin, “We have the lawsuit prepared to be filed. As long as they cease operations, we won’t file a lawsuit. If we see them starting up the operations again and there’s no permit, we will file the suit.”
The complaint approved by Commissioners required remediation for any dirt Skilled International may have brought into the Carriage Hills sand mine. Griffin says, “If they ultimately do NOT get a permit, we will require them to remove anything they may have brought into the floodway.”
This could prove substantial. New draft FEMA floodplain maps show the floodway has expanded. The new floodway now takes in the vast majority of the area being mined.
Black oval shows approximate location of new Carriage Hills sand mine relative to the new draft FEMA flood plain maps. The vast majority of the mine is within the floodway represented by the red crosshatched area.
It is unclear whether the County Engineer and Attorney will apply the new floodplain map when considering the mine’s permit or use the old map.
Posted by Bob Rehak on 3/31/2020
945 Days after Hurricane Harvey
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I have received a flood of emails lately from people complaining about the sudden explosion of crayfish in their yards this year. The worst cases seem to be in yards that flooded last year, either from nearby construction, which altered drainage, or from Tropical Storm Imelda.
The most common complaint: the mud chimneys make mowing yards nearly impossible. And, “You can twist an ankle without even trying,” says Gretchen Dunlap Smith, one of the affected homeowners. On an even more serious note, they can also undermine earthen dams. “What to do?” people ask.
Louis A. Helfrich, Extension Specialist; Jim Parkhurst, Extension Specialist; and Richard Neves, Extension Specialist; Department of Fisheries and Wildlife Sciences, at Virginia Tech published a study called “The Control of Burrowing Crayfish in Ponds.” They say that burrowing animals such as crayfish “construct their homes or ‘burrows’ by digging into soil banks along the shorelines of waterbodies. Tunnels dug below the water level provide channels through which water can escape. Tunnels dug above the water level can decrease structural support of the embankment and increase the risk of washout during flood conditions. These hazards are multiplied in waters where burrowing animals are abundant and where water levels fluctuate.”
Chemical Treatments Not Recommended
The breeding season peaks in early spring, say the authors. “Complete elimination is usually not possible … Control is successful when the balance between the predator (fish, birds, mammals) and the prey species (crayfish) is reached, and excessive burrowing damage is reduced to an acceptable level.”
The Virginia Tech study does not recommend chemical treatments because they: (1) threaten water quality, (2) kill beneficial plants and animals as well as pests, and (3) can be widely distributed by wind and water movements.
No chemicals are currently registered for crayfish control. Never apply toxic chemicals directly to waters or near shorelines where they can seep into waterways.”
An explosion of crayfish chimneys in a yard flooded last year next to the Perry Homes’ Woodridge Village construction site. This and photos below courtesy of Gretchen Dunlap Smith.Gretchen Dunlap Smith’s yard after smashing the crayfish chimneys.As soon as you smash them……the crayfish rebuild them. This is because they burrow. Tunnels can go down 2-3 feet with side chambers.
Another homeowner, Susanne Kite says, “Places in my yard have not completely dried up since Imelda. A lot changed after that flood. I don’t understand what was so different and caused so much to change.”
Crayfish Love Wetlands
Suzanne Simpson, a wildlife biologist with the Bayou Land Conservancy, may have an explanation. “Crayfish love wetlands. So much so that the presence of crayfish mounds is considered a secondary indicator of wetland habitat on wetland delineation sheets for the Corps of Engineers.”
“Crayfish feed on detritus and mostly make their mounds during the rainy season,” says Simpson. “I’m sure the floodwaters brought in some detritus with them, and flooding leaves traces that likely lead the crayfish to identify these yards as good habitat. They’re not too easy to get rid of, but it can be done.”
Drainage Improvement and Traps: Your Best Bet. Puppies? Not So Much
You best bet: terrascaping to improve drainage, say the experts. Failing that, “traps are humane and non toxic. You don’t have to worry about poisoning other animals or leaving persistent residue in your soil,” says the web site Gardening Know How.
“My littlest schnauzer had puppies Dec 30th,” said Gretchen Dunlap Smith. “The puppies are DIGGING them up at a rapid rate and EATING them! It is GROSS hearing them crunch!! Sounds like they are chewing gravel. So, no chance for étouffée…the dogs are having sushi.”
Posted by Bob Rehak on March 30, 2020 with help from Suzanne Simpson, Gretchen Dunlap Smith and Susanne Kite
944 Days after Harvey and 193 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200330-GDS-Crayrish-CU2.jpg?fit=1200%2C767&ssl=17671200adminadmin2020-03-30 19:05:152020-03-31 00:54:23Many Yards That Flooded Last Year See Crayfish Population Explosion
