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Is Danger Still Lurking at Triple PG Sand Mine?

Note: This post has been updated at 3:30 a.m. with information from Kinder Morgan.

The Texas Attorney General is suing the Triple PG Mine for dike breaches that allegedly discharged process wastewater into the drinking water supply of 2 million Houstonians. I photographed multiple dike breaches there in May, September, October and November. On Tuesday this week, I flew over the mine again and noticed something in one of the unfilled breaches: an exposed natural gas pipeline. Kinder Morgan, the line’s owner has had three washouts around this line in two years, according to a spokesman. Currently the line is filled with inert gas until it can be repaired, so there is no immediate danger. However, the repeated washouts raise questions about the safety of mining sand around pipelines.

Exposed Pipeline in Danger Zone

These pictures tell the story.

*Flying up Caney Creek on 12/3/2019, I took this photograph looking toward the mine (west) in the background. Note the exposed pipeline.*

When I got home, I enlarged that sign in the foreground to see what it said.

Flying over the trees, here’s what you see looking northwest. Notice the exposed pipeline in the bottom right of the photo. It aims toward a massive 183-foot breach in the mine’s northern dike created by Hurricane Harvey. Obviously, moving water exerts tremendous force in this area. See below.

*The most recent erosion exposing the pipeline happened during Imelda on September 19th*, *according to Kinder Morgan.*

Here’s what a close up of the pipeline looks like.

*Close up shows downed trees all around the pipeline from the Imelda flood.*

One tree has fallen on the pipeline like a guillotine.

A second Kinder Morgan spokesperson characterized this as a MAJOR natural gas pipeline.

He said the first two washouts happened during Harvey in the major and minor breaches shown in the photos above. After Harvey, they buried the pipeline under the major breach and filled in the smaller breach.

Then came Imelda. The smaller breach washed out again, creating the third exposure.

Kinder Morgan has not repaired the small breach this time because they can’t get to it. It has been 78 days since Imelda and the mine has yet to repair the road leading to the exposed pipeline.

Previous photographic analysis suggested that during Tropical Storm Imelda, 42,000 cubic feet per second coming from Peach and Caney Creeks (out of frame in the upper right of the photograph above) captured this mine’s pit. That means, the creeks likely rerouted themselves through the mine during the flood.

Here’s another view from a slightly different angle.

*Another angle shows more of the exposed pipeline and the erosion around it.*

I feel only a little bit safer knowing that the mine’s owners have agreed to stop dredging until the AG’s lawsuit goes to trial next year.

Another Port Neches in Porter?

According to Josh Alberson, a number of major pipelines run through this area. The Texas Railroad Commission’s GIS viewer shows the Kinder Morgan natural gas line crossing the property plus the following:

Plains Pipeline – Red Oak Pipeline (20”) moving crude
Enterprise Products Operating – Chapparral System (12.75”) – HVL Liquid (probably crude)
Mustang Pipeline – GLPL System (6”) – HVL Liquid
Enterprise Products Operating – Texas Express Pipeline System (20”) – HVL Liquid
Phillips 66 Pipeline LLC – 8″ Products Pipeline

These are major pipelines!

I hope the Mine Safety and Health Administration addresses this before we have another Port Neches disaster in Porter.

The more I look at this mine, the more surprised I am that people have not gotten killed here. It reeks of danger.

These repeated breaches and the exposed pipelines remind me of pipeline incidents farther down the river. They destroyed lives and properties in previous floods when lines ruptured from collisions with floating debris. We’re just been lucky so far.

Hollywood Blockbuster in the Making

I’ve nicknamed this mine “Death Wish VII” after one of my favorite movie series. I can’t wait until the next sequel comes out. Some friends in Hollywood are working on a treatment already. “Cardiologist turned sand miner pollutes drinking water of 2 million people, burns down East Texas, and is named Citizen of the Year by TACA.” It has all the earmarks of a Hollywood blockbuster. But seriously, I think TACA has more class than that. They would probably name him Citizen of the Decade.

Now, back to our regularly scheduled blogging. So much for satire.

Pipeline Incidents Cost 3X More Public Lives than Industry Lives

I’m dead serious now. Thank God that there’s inert gas in this pipeline for now. But what happens in the next flood when it’s flammable gas. What if its exposed for a fourth time and more trees start slamming into it.

There’s danger associated with this. Here’s a list of all the public and industry injuries, fatalities and costs related to pipeline incidents in the US since 2005.

Two things jump out at me: the public sustains roughly three times more injuries and fatalities than industry, and the costs are staggering – in the billions.

I have already notified the TCEQ and MSHA. My feeling? We shouldn’t be mining sand in floodways. And we especially shouldn’t be mining sand in floodways criss-crossed with pipelines. The mines accelerate the potential for washouts. And that exposes everyone to more danger.

Posted by Bob Rehak on 12/7/2019, with help from Josh Alberson

830 Days after Hurricane Harvey and 78 since 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.

Liberty Materials Mine Carved Out of Many Wetlands

The Liberty Materials Mine in Conroe on the West Fork of the San Jacinto was cited last month for allegedly discharging 56 million gallons of wastewater loaded with up to 25 times the normal amount of sediment. When we look at the issue of sediment in the river and how it affects flooding, such breaches contribute to the problem. But it’s not just what such sand mines discharge. It’s also about what the wetlands they were carved from don’t hold back any more.

Before there was a Liberty Materials in Conroe, the area they now occupy contained many densely forested wetlands. Now there is nothing to slow down the water during heavy rains. Much more sand and sediment are exposed. And the wetlands are no longer there to filter it. It’s a double whammy. We get it coming and going.

*Green areas mapped as wetlands in USGS National Wetlands Inventory. See descriptions below.*

Before Liberty, Abundant Wetlands

Visually, it appears that wetlands once covered roughly half the area of this mine. But what was actually there?

US Geological Survey (USGS) and US Fish and Wildlife Service (USFWS) use a five character alpha-numeric code to classify wetlands. Liberty Materials operates in areas that were classified as PFO1A and PEM1A.

P stands for the class: Palustrine. Palustrine wetlands include any inland wetland that lacks flowing water. The word palustrine comes from the Latin word palus or marsh. Wetlands within this category include inland marshes, swamps and floodplains covered by vegetation.

The second two letters in each case stand for the subclass: FOrested or EMergent. Forested means it had broad-leaved, deciduous trees or shrubs taller than 6 meters. Emergent means it had aquatic plants.

These were areas that could store large volumes of water during floods. Plus, they had vegetation that could suck it up.

Trees Soak Up Water, Too

Trees can soak up 50 to 300 gallons of water in a day depending on their size, age and type. They send it back into the atmosphere; let’s use 100 gallons as a conservative average and do some simple math to calculate their contribution to flood reduction.

It’s difficult to estimate the number of trees per acre; it depends on the factors mentioned above plus more. But some people use 500 trees per acre as a good average for estimating purposes.

The Liberty sand mine complex comprises more than a thousand acres. That’s 500,000 trees each soaking up 100 gallons of water per day. Or 50 million gallons of water per day.

That’s about the same amount that the TCEQ estimates the Liberty Mine discharged downstream in one breach.

Personally, I’d rather have the trees and wetlands than white water and a river that’s so silted up it contributes to flooding.

Influence of Wetlands on Flooding

Imagine a sand box that’s 1.5 miles wide and 2.5 miles long. Here’s what it looked like the day after the peak of Hurricane Harvey.

*Image from 8/30/2017 of Liberty Mine one day after the peak of Harvey.*

And here’s why. Note how closely the extend of flooding matches the extent of the flood plains. Like almost all mines on the West Fork, this one lies substantially within the floodway and floodplain.

*Cross-hatched = floodway; aqua = 100 year; tan = 500 year floodplain.*

Is Liberty’s Luck Running Low?

If these people had the strongest dikes in the world, maybe you could cut them some slack. But they don’t. They breach repeatedly.

About a month after allegedly discharging 56 million gallons of process wastewater into the West Fork, the only thing holding back another discharge at the Liberty Mine is a couple feet of sand. Photo taken on 12/3/2019.

We need sand, but not at the expense of floods and the environment. Maybe it’s time for TACA to run some of its members out of Texas. That do-good routine they stage in Austin every other year could be in jeopardy with members like Liberty. See below.

11/4/2019. The Day the West Fork Turned White. *Confluence of Spring Creek and West Fork. TCEQ alleges that Liberty Mines discharged 56 million gallons of white waste water into the West Fork.*

Posted by Bob Rehak on 12.5.2019

828 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.

Reminder: Public Open House for San Jacinto Regional Watershed Master Drainage Plan

From December 16 -19, Harris County Flood Control District (HCFCD) and its partners will hold a series of open houses to familiarize people with the San Jacinto Regional Watershed Master Drainage Plan (SJMDP). Residents may also give input at the meetings.

HCFCD, Montgomery County, the City of Houston, and the San Jacinto River Authority (SJRA), will host the open houses to provide information about the regional plan and other study efforts underway in the San Jacinto River watershed. Keeping them all straight is difficult!

Timeline for Master Drainage Plan

The SJMDP study effort began in April 2019 to identify future flood mitigation projects that can be implemented in the near- and long-term to reduce flood risks to people and property throughout the San Jacinto River regional watershed.

*Timeline for the San Jacinto River Watershed Master Drainage Plan as of 12/4/2019*. Source: HCFCD.

More about the Master Drainage Plan

The SJMDP is jointly funded with 75 percent from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Planning Program and 25 percent from the four local partners.

Overall, the SJMDP aims to provide an up-to-date technical basis to identify flooding vulnerabilities for existing infrastructure and impacts from future growth to improve flood resiliency within the watershed. The SJMDP should complete in fall 2020.

The SJMDP study area covers nearly 3,000 square miles located in seven different counties and includes approximately 535 miles of stream.

Open House Dates/Times/Content

Flood Control will solicit public input and participation throughout the study. The first series of public open houses for this study effort will be held on the following dates and locations:

Tomball

Monday, December 16, 2019
3:00 p.m. to 7:30 p.m.
Lonestar Bekendorf Conference Center
30555 Tomball Parkway
Tomball, Texas 77375

Kingwood

Tuesday, December 17, 2019
3:00 p.m. to 7:30 p.m.
Kingwood Community Center
4102 Rustic Woods Drive
Kingwood, Texas 77345

Huffman

Thursday, December 19, 2019
3:00 p.m. to 7:30 p.m.
May Community Center
2100 Wolf Road
Huffman, Texas 77336

All three meetings will have the same materials and format. Each open house will include information about the following projects, studies, and efforts in the region:

San Jacinto Regional Watershed Master Drainage Plan
Kingwood Area Drainage Analysis
Huffman Area Drainage Analysis
Spring Creek Watershed Planning Study
Luce Bayou Watershed Planning Study
Willow Creek Watershed Planning Study
Jackson Bayou Watershed Planning Study
Cedar Bayou Tributary Analysis
SJRA-led Projects
City of Houston-led Projects
Harris County Permit Office
Harris County Engineering Department – Recovery and Resiliency Division
Hurricane Harvey Repair Efforts
Information about services provided by Harris County Flood Control District, Harris County and Montgomery County

The open houses will last from 3:00 p.m. to 7:30 p.m. The free-flowing meetings will have informational displays. Staff will answer questions. The open house format lets attendees arrive and participate at their convenience. No formal presentation will be made.

To Provide Input on Master Drainage Plan

You can comment on the plans at the public open houses and throughout the duration of the study.

If you can’t attend in person, mail comments to:

Harris County Flood Control District
9900 Northwest Freeway
Houston, Texas 77092
Attn: San Jacinto Regional Watershed Master Drainage Plan

Alternatively, you may submit comments online.

For more information about the San Jacinto Regional Watershed Master Drainage Plan, visit www.sanjacstudy.org.

Posted by Bob Rehak on 12/4/2019

827 Days since Hurricane Harvey and 76 since Imelda

Plans For Next Phase of Dredging Announced

Behind-the-scenes work for the next phase of dredging has already started. The City, County and State are working together on a $30 million grant application for submission this month. The legislature earmarked the money for dredging at the confluence of the San Jacinto and Lake Houston. However, the money must go through the Texas Water Development Board (TWDB) to Harris County and then the Harris County Flood Control District.

Circuitous Route for Funding

The supplemental appropriations bill, SB500, that the legislature approved dictates the circuitous route for funding. See the exact text from SB500 below.

“Out of funds appropriated in Subsection (1), $30 million is dedicated to the Texas Water Development Board to provide a grant to Harris County for the purchase and operation of equipment to remove accumulated siltation and sediment deposits located at the confluence of the San Jacinto River and Lake Houston.”

DIY vs. Outsourcing

State Representative Dan Huberty, who authored the SB500 amendment, has worked closely with all parties involved to explore the most cost-effective and timely solutions. For instance, Flood Control explored how much it would cost to hire an outside company for dredging versus buying the equipment and doing it themselves. Said Huberty, “In my discussion with the TWDB last week, they have agreed we can buy equipment if we need to, which is the direction we are pushing for at this time.” However, that option would take longer to implement and the money must be spent within the current bi-annum – by law.

Long Term vs. Immediate Needs

Meanwhile, the East and West Forks of the San Jacinto have urgent, immediate dredging needs, too. So the partners could break the work up and pursue both DIY and outsourcing options.

Said Huberty, “I met with DRC (Disaster Recovery Corporation) a week ago. DRC has an ongoing contract with both the City and County for debris removal from Lake Houston and they are still removing debris from the lake. So they might be an option that would let us deploy faster.”

DRC is the parent company of Callan Marine, a subcontractor during the Army Corps’ Emergency West Fork Dredging project after Hurricane Harvey.

The dredges are gone but the pipe is not. The quarter-mile long sections of pipe used in the initial Emergency West Fork Dredging Project have been broken down into smaller sections for transport, but much of it remains on the West Fork. *Photo taken 12/3/2019*.

Additional Sources of Funding

Huberty also said that, “In addition to the $30 million, the Houston Mayor Sylvester Turner and Council Member Dave Martin committed last weekend to help us fund this in partnership with Harris County Flood Control.” The City committed approximately $6 million, according to Huberty.

The ever-growing mouth bar on the San Jacinto West Fork. Imelda wiped out many of the gains from the Corps’ supplemental dredging program that ended on Labor Day and removed 500,000 cubic yards. Photo taken on 12/3/2019.

*The growing mouth bar on the East Fork of the San Jacinto near the entrance to Luce Bayou and the Interbasin Transfer Project.*

The Inter-Basin Transfer canal empties into the lower reaches of Luce Bayou, which flows into the northeastern corner of Lake Houston, near the emerging mouth bar. The project costs $351 million and will provide water to the Northeast Purification Plant. Photo taken 12/3/2019.

“In addition,” says Huberty, “I spoke to the Governor’s staff this weekend. We still have money left over from Harvey debris removal. That’s approximately another $16 million. They told us we can spend the money on the river and lake, but not for other purposes. This will let us complete the mouth bar dredging and get mechanical dredging done in areas like Huffman and Atascocita. The scope of the project is expanding, which is very good news. We’ll be able to help more people.”

Smaller mouth bars have set up around the lake at the entrance to drainage ditches, like this one in Atascocita near Walden. Photo taken on 10/4/2019. Such blockages can force water up, out and over the banks into neighborhoods during large rains.

Next Step: Commissioners’ Court Needs to Approve Grant Request

The ball, at this moment, is in Flood Control’s court. Commissioners’ Court must approve all grant requests made by any part of the County. Says Huberty, “There will be an item on the December 17^th Commissioners Court agenda requesting permission from the Court to submit the grant application to TWDB. All parties involved have already had discussions with the TWDB staff and are working on the grant application paperwork.”

Early next week Huberty plans to meet with John Blount, the Harris County Engineer; Stephen Costello, the Mayor’s Flood Czar; and John Sullivan, President of DRC.

Constant Dredging for Foreseeable Future

“In my discussions with all interested parties,” said Huberty, “we should have the application submitted by year end. We have been pushing to get it awarded quickly. It is a formality. We need to spend this money quickly which works to our advantage. We can always go back to the legislature for more after that.”

“All of these initiatives will ensure we can have constant, permanent dredging on the Lake for the foreseeable future,” said Huberty. “I am very pleased with the result and look forward to getting this project started.”

Posted By Bob Rehak on 12/4/2019

827 Days after Hurricane Harvey and 76 since Imelda

Perry Homes Fails to Meet Own First Deadline For Additional Woodridge Village Detention

At the Kingwood Town Hall meeting on October 17th, 2019, Mayor Sylvester Turner read a letter from lawyer J. Carey Gray who represents Perry Homes and its subsidiaries against hundreds of flooded Elm Grove homeowners. The letter laid out a timetable – extending more than 2 years into the future – for completion of the detention ponds on the troubled Woodridge Village subdivision. The first step: finish the S2 pond, which was already substantially complete. Perry Homes gave itself 30-45 days for that task. As nonsensical as that sounded on October 17, they managed to miss the deadline … by not showing up … until after the deadline.

Deadline Expired Yesterday With No Improvements to Pond

Yesterday marked 45 days since Lawyer Gray delivered his letter to the Houston City Attorney. Since then crews have worked several days on adding a concrete lining to a small portion of Taylor Gully. They also replaced some eroded dirt along the northern edge of S2. Still incomplete, however are:

Excavation of the remaining dirt
Grass to stabilize the soil on the banks
A perimeter road required by the Montgomery County Drainage Criteria Manual
Lining for a severely eroded spillway between Taylor Gully and S2
Drainage of the detention pond
Backslope interceptor swales

Photos Demonstrate Lack of Progress

Here’s how the pond looked in September, two days after Imelda.

*Status of S2 Pond on September 21, 2019, two days after Imelda*

*Status of S2 Pond on November 4, 2019, two and a half weeks after J. Carey Gray’s letter to City Attorney.*

Here’s what it looks like today, 46 days after J. Carey Gray’s letter to the City Attorney. They had made some progress on lining the Taylor Gully channel behind the pond. But as far as the pond itself went, there was a lone excavator moving dirt that had eroded into the pond back up on the banks. That’s because they failed to establish grass there.

*One day after the deadline for completing the S2 detention pond, Perry Homes had a lone excavator pushing eroded dirt back up onto the banks. Photo taken 12/3/2019.*

*Photo taken 12/3/2019. Hardly a bustling construction site with contractors racing to meet deadlines.*

Only 735 more days before all the detention ponds are complete … assuming they can meet any of their own deadlines.

Questions Raised by Lack of Performance

The failure to meet this first deadline raises questions:

Is Perry Homes sincere? Can they ever be trusted for anything ever again?
Has Perry Homes lost its ability to deliver? Is the company financially crippled beyond repair?
Did Sylvester Turner extract terms from Perry Homes designed to get him through the general election?
Or did Perry Homes play Sylvester Turner to torpedo his chances in a runoff election?
Did Kathy Perry Britton, CEO of Perry Homes, think no one would remember?
Is Perry Homes holding the threat of future flooding over Elm Grove residents to force a settlement of their lawsuits?

If it’s the latter and there’s another flood – with this record of foot dragging – they’ve nuked themselves. It’s a Harvard Business School and Harvard Law School case study that will go down in the Annals of Corporate Stupidity.

What can explain this level of ineptitude?

This has to be a huge embarrassment for the City of Houston and Montgomery County. It’s also a PR debacle for Sylvester Turner … in the middle of a hotly contested runoff election. Turner can’t do anything about that now except to tell the City Attorney to sharpen his spurs.

But if I were MoCo, I would claim Perry Homes’ performance bond and finish the work myself.

Posted by Bob Rehak on 12/3/2019

826 Days after Hurricane Harvey and 75 since Imelda

The thoughts expressed in this post represent my opinions on matters of public policy and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Liberty Materials Sand Mine Built in Floodway, Floodplains, But Flooding Not Likely Cause of Breach

A Texas Commission on Environmental Quality (TCEQ) investigation into the mysterious white water on the West Fork, focused on sand mining upstream. TCEQ cited Liberty Materials for allegedly discharging 56 million gallons of milky-white water into the West Fork.

The mine’s manager said he “didn’t have a clue” about when, why, or how one of the mine’s pits lost 4 feet of water. A water sample showed nearly 25 times the normal amount of dissolved solids.

*West Fork on November 4, 2019. It angles from left to right. Spring Creek, by contrast comes from top to bottom.*

*Color of the water on November 4, 2019 on the West Fork San Jacinto, about a half mile upstream* *from US59.*

The Liberty Materials mine, like virtually all of the mines on the West Fork, sits in the floodway and floodplain. It’s a mile and a half wide and almost three miles long. About a 1000 acres altogether.

*San Jacinto West Fork is white ribbon cutting diagonally through image. Floodway = Cross-hatched area. 100-Year Flood Plain = aqua. 500-Year Flood Plain = Brown.* Source: *FEMA’s national flood hazard layer viewer.*

That’s a lot of sand and sediment exposed to the ravages of floodwater.

But the irony in this case is that there was no flood immediately before the breaches.

The gage at State Highway 242 near the Liberty mine shows 2.4 inches of rain during a 3 day period starting six days before the white-water incident.

*Rainfall at SH242 and San Jacinto West Form from October 27 through November 3, 2019*. Source: HarrisCountyFWS.org.

*Late October rainfall caused the West Fork to rise about 3 feet, but the river had another 18 feet to rise before flooding.*

That amount of rainfall caused the river to rise about 3 feet. But it was still 18 feet away from flooding!

Alternative Breach Scenarios

So if flooding didn’t do it, how did the water get out of the mine? One possibility is that the terrain funneled rainwater into the pond and caused it to overflow. The overflow then started a fissure which widened into the Grand Canyon of the West Fork.

Several mining engineers suggested other alternative scenarios:

Industrial sabotage by a disgruntled employee
Liquefaction of the sand around the perimeter of pits as they filled with rainwater
A heavy truck driving over sand about to liquify
They needed to clean out the pond and intentionally lowered the level
Needed purer water to create acceptable frack sand
“The Boss Made Me Do It”, possibly related to one of the two points above

I’m not saying there was a deliberate breach, but we’ve seen it happen before.

“Dunno What Happened!”

The mine manager interviewed by the TCEQ claims he doesn’t know when, why, or how the breach happened. Yet it caused a four-foot drop in the level of a major pond for more than a week.

To paraphrase the famous quote from Hamlet, “Methinks, the man professes ignorance too much.” By that I mean, the denials cause him to lose credibility. If your swimming pool suddenly dropped four feet, wouldn’t you want to know the cause?

His responses hint that something else is going on here. We may never know what. Despite tens of millions of gallons of pollution being poured into the West Fork, these cases rarely go to trial.

All the more reason to establish greater setbacks from rivers for sand mines.

The state legislature needs to make it more difficult for “accidents” like these to happen.

Posted by Bob Rehak on 12/2/2019

825 Days after Hurricane Harvey

October Aerial Photos of Liberty Materials Mine Show Evidence of Previous Breaches

Yesterday, I posted the results of a TCEQ investigation into the Liberty Materials sand mine in Conroe. TCEQ alleged that the mine discharged 56 million gallons of white milky pollution into the West Fork of the San Jacinto. They also found that a water sample taken at the mine contained almost 25X the normal level of dissolved solids. The report mentions four other recent investigations that resulted in citations for unauthorized discharges.

October Flyover Shows Other Discharges At Same Mine

Today, I reviewed aerial photos of the mine that I took on a flyover in October, before the alleged unauthorized discharge.

*Note the color of water in two ponds at the Liberty site. All photos taken on 10/2/2019.*

*Mine in background and West Fork in foreground. Notice discharge despite attempt to plug leak.*

*Another breach almost looks like it was designed to funnel water into the river.*

*In addition to the major breaches above, note a smaller breach here.*..

*…and the water escaping from the pond alongside the road. Those pipes running along the river sure do make it hard for canoeists and kayakers to get downstream.*

More Than a Dozen Discharges Seen on One Day

The TCEQ cited Liberty for 4 previous unauthorized discharges in the last 2.5 years. Had they visited the mine on October 2nd, they might have found that many violations in one day.

And these weren’t the only breaches I found that day. Counting those at other mines on the East and West Forks, TCEQ could have easily tallied another dozen violations on this one day.

Sad to say, this industry has an abysmal health and safety record.

To track the status of TCEQ cases near you, check out this section of their web site.

Posted by Bob Rehak on December 2, 2019

825 Days since Hurricane Harvey and 74 since 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.

Tree Lane Bridge vs. Power of Moving Water

*The downstream side of Ben’s Branch at Tree Lane*. *Photo taken 11/31/2019*.

Tree Lane Bridge over Ben’s Branch

Bear Branch Elementary and Child Time on Tree Lane in Kingwood sit right next to a bridge over Ben’s Branch. Most people in Kingwood don’t need a reminder of the power of moving water. But for those with short memories this is it. A floodway and floodplain more than 250 feet wide narrows down to 80 feet at the bridge.

Lap-Band Surgery for the Creek

It’s like the creek had lap-band surgery.

The predictable result: water backs up behind the bridge and then jets through the opening. The water has literally torn the concrete lining designed to prevent erosion into confetti. Note how the erosion has also exposed a pipeline.

*The floodway and floodplain constrict radically at Tree Lane. Source: Fema National Flood Hazard Layer Viewer.*

Note the erosion immediately downstream from the bridge.

*Erosion immediately downstream from the Tree Lane Bridge above. Wood chips are from HCFCD crews de-snagging the banks of the creek. Photo taken 11/30/2019.*

Powerful lessons for anyone who thinks he or she can outsmart Mother Nature for long.

One More Thing to Consider in Kingwood Area Drainage Analysis

Harris County Flood Control is in the middle of its Kingwood Area Drainage Analysis right now. I hope they take a close look at this. While the bridge itself seems stable at this point, if this erosion continues unabated, that could easily change.

Posted by Bob Rehak on 12/2/2019

825 Days since Hurricane Harvey and 74 since Imelda

TCEQ Cites Sand Mine for Allegedly Discharging 56 Million Gallons of White Pollution into West Fork

After receiving complaints and news reports of bright white water in the West Fork of the San Jacinto, the Texas Commission on Environmental Quality (TCEQ) launched aerial and ground investigations.

*West Fork near US59 bridge. Photo taken 11/4/2019.*

They found three mines discharging process water into the West Fork of the San Jacinto.

Sorters-Eagle Mine, used as Placement Area #2 by the Army Corps, at 231 McClellan Road in Kingwood
RGI Materials at 18185 Hill Road in Porter
Liberty Materials at 19515 Moorhead Road in Conroe

The Corps found that the discharge from the Eagle-Sorters mine was related to equipment installed by the Corps which is being removed. Therefore, the TCEQ considered it a permitted discharge and did not issue a Notice of Enforcement.

The other two mines, however, were different stories. The TCEQ issued Notices of Enforcement to both for alleged unauthorized discharges of process water.

Double Breach at RGI

At RGI, TCEQ investigators found that a process wastewater pond breached into a stormwater pond. That, in turn, breached into the West Fork. (Click the link above to see the complete investigation report.) Investigators cited the mine for one alleged violation for failure to prevent the unauthorized discharge of process water. The same mine already had one active notice of enforcement for a violation that allegedly occurred on 10/2/2019.

Loss of 56-Million Gallons of Milky-White Waste Water Goes Unnoticed

At Liberty Materials, TCEQ investigators found a 6′ deep by 30′ wide berm breach still discharging process wastewater when they arrived. The initial burst of wastewater had spread out more than 90 feet and had matted down vegetation for 850 feet. The water then entered a gully which emptied into the West Fork. Investigators say the discharge was milky white in color. They also say that water marks indicate the process pond had dropped approximately 3 to 4 feet!

*Unauthorized discharge of white process water by Liberty mine on 11/6. Photographed by TCEQ.*

Surprisingly, investigators had to notify the operator of the breach. He professed ignorance of it.

The TCEQ cited the mine for unauthorized discharge of pollutants. Their 124-page report makes interesting reading. The investigators collected numerous samples of water and tested for total dissolved solids.

They found one sample contained almost 25X more than the standard limit for dissolved solids in that part of the river.

*From Page 100 of the TCEQ investigation of Liberty Material’s Moorhead Plant on 11/6/2019.*

They also estimate that a four-foot water drop in the process pond would have dumped more than 56 million gallons of pollution into the West Fork.

“Not Sure. Don’t Know. No Clue. Duh!”

A “must-read” is the interview with one of the mine’s managers on pages 113-114. Some excepts:

When did the berm breach occur? Answer: Not sure.
How did it occur? Answer: Not sure.
Do you have maintenance logs for berm repairs? Answer: Don’t keep them.
What happened to the berm of the missing pond? Answer: No clue.
When did the berm go? No clue.
How did the berm go? No clue.
How much did you discharge? Not sure.

Are we really to believe that a competent manager would not notice the loss of four feet of water in his process pond?

Incident Highlights Two Problems

Nowhere does the report say that the milky white discharge that I photographed further downriver two days before this investigation came from this mine. In that sense, the findings of these investigations probably will not satisfy the public’s passion for closure.

But they do shine a spotlight on two problems.

Problem #1:

This was the sixth alleged violation for the Liberty mine on Moorehead in 2.5 years. They allegedly dumped 56 million gallons of pollution into the West Fork without noticing it and played dumb when investigators caught them in the act. They just do not fear the penalties which have averaged $800 per incident statewide since 2011. At that rate, pollution becomes part of miners’ business plans.

Problem #2:

TACA kills almost all attempts at reasonable regulation by bottling the proposals up in committee every legislature.

Business Friendly Vs. Resident Hostile

I cannot understand how state government allows such flagrant behavior to continue. A teenager who got caught breaking into cars six times in 2.5 years would be heading to Huntsville. Dump 56,000,000 gallons of pollution in a public drinking-water source and you get the equivalent of a speeding ticket. All you have to say to the judge evidently is, “Duh!”, and you’re right back in business.

Go figure. Why does “business-friendly” have to mean “resident-hostile”?

Posted by Bob Rehak on 12/1/2019 with thanks to the TCEQ

824 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.

HCFCD Crews Work on Thanksgiving Day to Clear Ben’s Branch

Earlier this week, I reported an improbable meeting in Huffman on the eve of Thanksgiving that showed promise to increase conveyance on Luce Bayou. This story is even more amazing holiday miracle. Harris County Flood Control District (HCFCD) crews worked on Thanksgiving Day to clear trees blocking Ben’s Branch.

*HCFCD has a right to cut trees 50 feet on either side of the centerline of the Ben’s Branch and clearing started Thanksgiving week. Photo courtesy of Thomas Blailock.*

I did not personally see them but received an email with images from Thomas Blailock Thursday. Blailock says, “The contractor is UFLGC from Ackerman, MS. They had 7 trucks and around 20 employees clearing on Thanksgiving Day. They have been here for 4-5 days.”

I saw evidence of their work at Tree Lane. The areas on either side of Bens Branch look like they got a haircut.

Such clearing reduces the chances that trees will fall into the creek during storms, get hung up on other trees and form “beaver dams” that back water up into neighborhoods.

Result of One Year of Negotiation

The clearing follows a year of negotiation between HCFCD, Friendswood and Bear Branch Trail Association. The Association owns the greenbelt, but Friendswood still exercises deed restrictions.

The Community had mixed reaction to news of the agreement. Many were thankful for progress. Others felt the agreement didn’t go far enough. Many, like Blailock, hoped the creek could be widened or straightened.

Judging by how difficult it was to work out terms of this compromise, widening or straightening won’t happen any time soon – even as upstream development continues to dump more water faster into the creek.

An Alternative That Could Help

I have heard, however, that HCFCD has examined the possibility of widening the Kingwood Diversion ditch that runs down the western side of Woodland Hills and crosses under Kingwood Drive near the fire station. Preliminary reports from HCFCD indicate that a) their easement includes enough room to widen the ditch, b) no bridges would have to be widened (they were built with enough room under them to widen the ditch), and c) that could divert water from Ben’s Branch that would help reduce flooding along the creek.

*Looking south down the diversion ditch from over Northpark Drive. That’s Woodland Hills on the left and Kings Mill on the right.*

Looking north along the diversion ditch toward where it intersects with Ben’s Branch in front of the new St. Martha Church. That’s Ben’s Branch crossing left to right, parallel with the power lines.

*HCFCD’s easement and the bridges are wide enough to widen the ditch without rebuilding the bridges. Note the extra room under the bridges on the right of the water.*

Nothing is final yet. The Kingwood Area Drainage Assessment is not yet complete. So things could change. But don’t be surprised if you see this as a future recommendation.

For a full review of issues along Ben’s Branch from Kingwood Drive north past Northpark Drive and St. Martha’s new church, check out this thorough, thought-provoking presentation by Chris Bloch. It underscores the need to use all means possible to improve conveyance.

For more information about HCFCD work in the Kingwood Area, see this page on their new, updated website.

Posted by Bob Rehak on 11/30/2019 with help from Thomas Blailock and Chris Bloch

824 Days after Hurricane Harvey and 72 after Imelda