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Army Corps Releases New Video of West Fork Dredging Highlights

Two minute video that looks back on the Emergency West Fork Dredging Project. Project should be completed within the next three weeks.

Last week I reported that Great Lakes finished dredging its segment of the San Jacinto West Fork. Their dredge is currently docked, but is not yet undergoing demobilization.

Callan Marine, a subcontractor to Great Lakes on the job is still hard at work clearing the Kings Harbor area. Over the next 30 days, the Army Corps forecasts that Callan will remove an additional 125,000 cubic yards of material from the West Fork,” said Alton Meyer, Corps Project Manager.

*Callan Marine Dredge still hard at work in Kings Harbor area.*

Unless FEMA, Army Corps, City of Houston, Harris County and State of Texas can strike a deal to remove the giant sand bar at the mouth of the West Fork, demobilization will begin in early May, roughly two weeks from now. For now, Great Lakes is standing by, waiting for that decision.

Dredging Highlights To Date

The video above shows some of the highlights of the current project. The Army Corps produced it.

As of April 11, 2019, the Corps and contractors had removed 652 tons of woody debris and 1,547,000 cubic yards of sand from the river.

The Corps estimates that by the completion date, 720 tons of woody debris and 1,684,000 cubic yards of sand will be removed from this 2-mile stretch of the San Jacinto.

The project began September 20, 2018, and should finish by the end of May, 2019.

Mouth-Bar Considerations

Planners now need to determine whether to extend the project by dredging the mouth bar. That would keep the crew and equipment working. And that could save, at least in theory, approximately $18 million in remobilization fees compared to pulling out now and coming back later.

Planners are evaluating:

How much sediment Harvey deposited in the mouth bar area
The cost to remove it
Where to place it.

All three variables affect each other. That makes costing the alternatives complex. For instance, the further upriver you pump the sand, the higher the cost for any given volume. That’s because you need additional pipeline, booster pumps, fuel, pontoons and crew.

Of the three variables, decidingwhere to place the sediment is the most time consuming. By Federal law, permitting the placement site requires two mandatory 30-day public-comment periods.

Great Lakes’ early finish pressured planners to evaluate Placement Area #2 (south of Kingwood College on Sorters Road) as an alternative placement area. Because it is already permitted, it would not require the lengthy public comment periods. And because the land owner is selling the sediment placed there, it is not filling up as quickly as Placement Area #1.

Thus, it may be technically possible to keep the equipment working and save remobilization fees – if FEMA can make a decision quickly enough.

A third possibility: using a combination of two placement areas, as in the current project.

While FEMA and the Corps weigh their options and costs, Great Lakes is repairing its equipment and inspecting pipeline. Mouth-bar dredging already has support of the City of Houston, Harris County and the State.

A decision could come in the next week or two.

Posted by Bob Rehak on 4/15/19

594 Days since Hurricane Harvey

Time Running Out for Legislation On Sand Mining

Approximately two-thirds of this legislative session has expired. The maximum length for a legislative session in Texas is 140 days starting on the second Tuesday in January. We are 96 days into this session. So where do we stand on key pieces of legislation related to sand mining and other flood mitigation? A quick update.

*With 42 more days left in this legislative session, chances are looking good for flood mitigation legislation but slim for sand mining legislation.*

Proposed Legislation in House

HB13 Creates a flood infrastructure fund of $3.26 billion taken from the Economic Stabilization (Rainy Day) fund for flood planning, mitigation, and infrastructure projects. (Comparable to SB7 below but with some differences.) This bill finally passed the House on April 11 and was sent to the Senate on the same day.

HB509 Allows Texas Railroad Commission to regulate APOs with TCEQ. Requires: hydrologic impact study, public notice, public hearings, and provides fines up to $10,000 and 1-year in jail for false statements. The Energy Resources Committee held a public hearing on April 8. Opponents says six of 11 members on the committee oppose the bill. It is still pending in committee. They could act on it as early as April 15. If you haven’t sent in your letters let, time is running out on this one.

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. Scheduled for a public hearing on Wednesday, April 17.

HB 908 Provides for penalties up to $50,000 for water code violations and every-other-year inspections. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.

HB 909 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. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.

HB 911. Creates a Lake Houston Watershed Commission: Purpose: to provide the public with streamlined communication and cooperation in flood control planning. Public hearing held on March 19 and has been pending in the Natural Resources Committee ever since.

HB 1671. Extends water quality protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos as part of a pilot program. Attaches penalties for non-compliance with best practices defined under HB909. Has been sitting in the Environmental Regulation Committee since February 25. No hearings scheduled yet.

HB 2871. Would require sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance. The Energy Resources Committee also held a public hearing on this bill on April 8. Six of 11 members reportedly oppose the bill. It is still pending in committee. They could act on this one, too, as early as April 15. If you haven’t sent in your letters yet, act now.

Proposed Legislation In Senate

SB 7. Creates a dedicated Texas Infrastructure Fund for flood control planning and the funding of flood planning, mitigation, and infrastructure projects. Passed by the Senate and referred to House Natural Resources Committee on March 28. No action since then.

SB500. An appropriations bill that includes funding for SB7 and an amendment that would dedicate $30 million for dredging of the West Fork Mouth Bar in Lake Houston. Passed by both houses and heading for a conference committee to iron out slight differences in amendments.

SB2123. Companion bill identical to HB907. No action since referral to Natural Resources and Economic Development committee on March 21.

SB2124. Companion bill, identical to HB909. No action since referral to Natural Resources and Economic Development committee on March 21.

SB2125. Companion bill, identical to HB908. No action since referral to Natural Resources and Economic Development committee on March 21.

SB2126. Would allow conservation districts to dredge rivers without a permit to restore conveyance if they place the spoils on private land. No action since referral to Natural Resources and Economic Development committee on March 21.

42 Days Left

With only 42 days left before the end of the session, the chances for flood mitigation legislation look hopeful. However the chances for sand mining regulation look doubtful. Near the end of the third quarter, TACA and the status quo are up 10-0 over Citizens.

In exactly six weeks, the clock will run out and it will be two more years for resident’s next shot at sand mining regulation. Stay tuned.

Posted by Bob Rehak on April 13, 2019

592 Days since Hurricane Harvey

Great Lakes Finishes Dredging Early; Accelerates Need for Mouth Bar Decision

Last month, the U.S. Army Corps of Engineers predicted that dredging could take until early May. They allowed another month for de-mobilization. However, one of the two dredgers on the job, Great Lakes, finished this week. Their early finish could affect a series of decisions on the mouth bar.

*Sand Bar blocking the West Fork of the San Jacinto where it enters Lake Houston. The City estimates that 1.4 million cubic yards of sediment was deposited in this area during Harvey.*

Early Finish, New Possibilities

The early finish could let mouth-bar dredging start sooner. However, it also could put pressure on the Corps to consider options not in play a week ago.

At the end of March, the City of Houston submitted an application to FEMA to fund mouth bar dredging. The purpose: remove 1.4 million cubic yards of sediment from the giant sand bar at the mouth of the San Jacinto West Fork. Separately, the City also submitted a permit application to the Army Corps to store the dredging spoils on property in Humble, across from Kingwood’s River Grove Park.

Officials hoped that decisions could be made on both requests before the dredgers began demobilizing. That could save up to $18 million in re-mobilization fees. From a taxpayer-savings point of view, it’s more economical to keep the dredgers dredging than organize a second separate project.

However, Great Lake’s early finish is forcing everyone from Galveston to Houston to Austin to Washington to scramble.

*Great Lakes’ dredge is back at the dock at the Corps’ command site in Humble.*

New Possibilities

As of this afternoon, the Army Corps said it was still reviewing the storage application permit to use the property in Humble. The permit review plus site prep, if approved, could take months though.

This raised the question of a backup site and the obvious one in my mind is one the Corps is already using – Placement Area #2 (PA2) on Sorters Road south of Kingwood College.

But that would require a much longer run, additional booster pumps, more pipe, and most likely…the larger, more powerful dredge that just finished.

Experts tell me that it is technically feasible to pump the sand all the way from the mouth bar to PA2 – IF the sand mine operator would allow it.

Evaluating Alternatives

Will the higher cost of the longer run eat up any savings that come from avoiding a second mobilization? The Corps has not yet had time to explore all possibilities and run the numbers, but it’s good to know another possibility may exist…

…if FEMA acts right away
…if the Humble property runs into problems
…if the Corps needs to move quickly to take advantage of the larger dredge.

To help keep all options open, officials throughout Texas at every level have leaped into action.

Crenshaw and Brady Urge Quick Action

This morning, representatives from Congressman Dan Crenshaw’s office met with FEMA. Both Crenshaw and Congressman Kevin Brady sent a letter to FEMA three days ago, underscoring the need for quick action on the grant request.

City, State Pushing, Too

City officials have scrambled also. Dave Martin, Houston City Council Member said, “I’ve been in communication all day, and had multiple conversations with Great Lakes; Congressman Dan Crenshaw’s office; Chief Nim Kidd of the Texas Division of Emergency Management; Stephen Costello, the City’s Chief Recover Officer, and more.” Reportedly, even Governor Abbott got involved at one point.

According to Martin, “Our #1 goal is a Mission Assignment.”

Still Time to Save Re-mobilization Costs

Martin added,”Nothing is being disassembled, yet. They are not removing any pipe yet. They are taking advantage of this down time to check the pipe’s condition so that it can be replaced if necessary. I’m guardedly optimistic at this time.”

One experienced dredger explained that pipe can wear out. Coarse sand, he said, can be very abrasive, especially with steel pipe.

So for the time being, dredgers are performing necessary maintenance and inspections. That could take days or weeks. However, it probably will not keep them here months. Bottom line: the clock is ticking … louder now than before.

Contractors can’t tolerate downtime indefinitely. How long they decide to wait will most likely depend on the certainty of future work. That depends on FEMA and how quickly it acts.

Update on Funding

FEMA has not yet committed any funding. Stephen Costello has said in the past that the amount they fund will depend on their assessment of the City’s assessment. The two sides need to agree on how much mouth-bar sediment came from Harvey.

Separately in Austin, SB500, a supplemental appropriations bill, has been approved unanimously by both the House and Senate. It includes an amendment from State Representative Dan Huberty that includes $30 million for dredging the mouth bar. That money could help form the local match for FEMA. Next step for SB500: conference committee and the governor’s desk.

Mayor Sylvester Turner has committed $18 million from the City, according to City Council Member Martin. And the County committed $10 million in last year’s flood bond.

Keep in mind though that we must also budget for dredging beyond the mouth bar. We need East Fork, remainder of the West Fork, and maintenance dredging.

All the pieces are falling into place. Keep your fingers crossed and your eyes on FEMA. This is a high-stakes, political drama for the Lake Houston area!

Posted by Bob Rehak on April 12, 2019

591 Days since Hurricane Harvey

Why Lake Houston is NOT Releasing Water Despite Approaching Storm

Houston City Council Member Dave Martin’s office issued the following release today re: the lowering of Lake Houston in advance of storm warnings for the weekend. Some people anticipated additional lowering for a lake that had already been lowered due to maintenance. The City will NOT lower the lake. Here’s what’s happening and why.

Lake Houston Not Releasing Any Water

Houston, TX – Council Member Dave Martin would like to make Lake Houston Area residents aware that he has not requested any lowering of Lake Houston since October of 2018. In February, the lake was lowered by one foot to 41.5 feet, allowing for spillway dam repairs, which was a Houston Public Works maintenance project. After repairs were completed the lake was to be naturally refilled to its normal pool elevation of 42.5 feet during the month of March through regular rain events.

Unseasonably Dry March

This March was unseasonably dry which did not allow for the lake to refill as quickly as expected. On April 1, 2019, Lake Conroe began their seasonal release of water to Lake Houston which will result in the release of one foot of water to Lake Houston, bringing Lake Houston back to normal pool elevation of 42.5 feet by the end of the month. The release from Lake Conroe must be controlled and systematic. To monitor the seasonal release you can visit the San Jacinto River Authority’s website here.

Harvey filled the lagoon by the popular boardwalk at River Grove with sand and silt. With Lake Houston lowered for dam repairs, you can see exactly how much sediment was deposited. KSA discussed two options for this area: dredging when the Corps completes its work or turning it into wetlands. Which would you prefer?

Council Member Martin has requested that no additional water be released from Lake Houston during this upcoming weekend’s rain event. The holding of any water received due to rain this weekend will assist in speeding up the refill process for Lake Houston. The current level of Lake Houston is 41.5 feet, which is one foot below its normal level.

To observe Lake Houston water levels please visit the Coastal Water Authority website here.

Unnecessary Release

During last weekend’s inclement weather Council Member Martin advised Houston Public Works that an additional release of water from Lake Houston was NOT necessary due to the lake already being low. However, Houston Public Works without the direction from Council Member Martin released an additional six inches of water on Friday, April 5 from Lake Houston.

Upon notification from Houston Public Works, which occurred after hours over the weekend, that an additional release had been conducted, Council Member Martin immediately requested the closure of all gates at Lake Houston in an effort to stop the unnecessary release of water. We appreciate resident’s patience as our office works diligently with Houston Public Works to improve communication with residents regarding the operations of Lake Houston.

Martin Calls for Improved Communication and Formal Protocol

As a result of this failure in communication by Houston Public Works, our office has requested the department provide a formal protocol to our office so that we may share with the community. As in the past during inclement weather situations, which predict more than three inches of rain in the San Jacinto Watershed, our office will provide at least 48 hour notification to residents. This advance notification will allow time to secure boats and other water vehicles. For more information please contact the District E office by calling (832) 393-3008 or by emailing DistrictE@houstontx.gov.

Posted by Bob Rehak on April 11, 2019

590 Days after Hurricane Harvey

Emily Murphy Photographs Active Eagle Nest Next to Romerica Property

Kingwood photographer and kayaker Emily Murphy has done it again. With her eagle eye, she spotted yet another eagle’s nest. This one is east of the stream that divides the Kingwood Country Club from Romerica property.

This nest clearly has two eaglets in it. Here you can see them both.

*Two eaglets in nest on Kingwood Country Club Property immediately adjacent to the property where Romerica wants to build its high-rise marina. Photo by Emily Murphy.*

It usually takes 10-12 weeks for bald eagles to leave the nest. However, fledglings then often stay around learning from their parents and honing their flying and feeding skills for another 1-2 months. Their heads gradually turn white over a period of up to five years.

*Eaglet tests its wings on the edge of the nest. Photograph courtesy of Emily Murphy.*

Emily got out of her kayak to examine the area below the nest. She found droppings and bones, both clear signs of feeding in the nest.

*Bone below eagle’s nest on golf course. If anyone recognizes what type of bone this is, please contact me through this web site.Photograph courtesy of Emily Murphy.*

Romerica’s Wish Comes True

The Romerica developers said they hoped someone would find eagles near their property at their March 18 meeting at the Kingwood Community Center; they got their wish. Now we will see how sincere they were.

Eagles can live up to 30 years and often return to the same nest year after year. They even build multiple nests in the same area, like the one Emily photographed from the river a couple weeks ago ON the Romerica property.

Please note: this is even closer than the nest I photographed in January. Texas Parks and Wildlife defines bald eagle habitat protection zones spreading outward from the nest. They prohibit certain construction activities within defined distances. Almost the entire Romerica property would fall within some kind of protection zone around this nest.

Posted by Bob Rehak on 4/10/19

589 Days since Hurricane Harvey

Uneven Recovery from Harvey: A Story of Cash, Contractors, Quality, Confidence, and Delayed Aid

I drove through my village this week and saw ten homes in desperate need of help. More than 18 months after Harvey, some families still have not finished repairing their homes. Worse, some still have not started. On the positive side, some fully repaired their homes within three months. Why such an uneven recovery?

As I talk to people, their stories take many forms, but they usually involve some combination of five things: cash, contractors, confidence, quality and delayed aid.

More than 18 months after Harvey, most of the townhomes along Marina Drive “still stand.” Although clearly uninhabitable, buyouts are still not complete and only two units have been taken down. Before Harvey these homes flooded repeatedly.

Cash is King

In a disaster, such as Harvey, ready cash trumps everything. Those without insurance or the savings of a Bill Gates felt Harvey’s sting first. Many people compared repairing a flooded home without insurance to the unplanned purchase of a second home – out of pocket. Not many can afford that, especially younger people who stretched to cover the mortgage on their first home.

On the other hand, those who could afford to pay contractors weekly – in cash – got attention. Those who could not, did not. Their contractors showed up between faster paying jobs.

Available Pool of Quality Contractors

Of course, the available pool of quality contractors limited the pace of recovery. Some so-called “contractors” decided to get into the contracting business the day after Harvey. They picked up unskilled labor when and where they could find it. Their customers/victims, desperate for help, accepted bad contracts and argued constantly about substandard workmanship and materials. They felt re-victimized at every turn. They just could not get the results they expected. I’ve heard of some fly-by-night contractors who skipped town with deposits. The more common story? Do-overs and endless punch lists created delays that cost months…not to mention cash that couples didn’t have.

Those who found good, reputable, experienced contractors (and there are many) found a lifeline to sanity. Generally, they quickly returned to beautiful homes…some in just three or four months.

Quality

Some people decided to sit out Round One of renovation. Rather than fight for quality contractors and materials, they decided to wait until supply caught up with demand. They started after the con men moved on to Florida or North Carolina or the wildfires. They paid a price in inconvenience for many months. But many are now finishing up restoration and moving back into beautifully restored and updated homes – without appliances from scratch-and-dent sales.

Confidence in Recovery

I know one lady who lost her husband to cancer shortly before Harvey. Already in a state of shock, her home next flooded badly. As time went on, it became clear that she deeply, deeply feared getting flooded again. Many older people fell into this category. Even though she is a very strong woman, the fear paralyzed her in some ways.

She could not afford to restore her home twice on one income. So she waited … to see when government officials would begin mitigation efforts. Passage of the Harris County Flood Bond on the anniversary of Harvey gave her hope. She began restoration after waiting a year.

Then came perceived delays in starting the projects, followed by debate about where the County would start. Stress precipitated cardiac problems. Now she has even more worries. Sadly, the stress hospitalized her.

Lack of confidence in recovery efforts can create a downward spiral just as in a recession. However, confidence in recovery efforts can reverse that. Confidence is especially crucial for vulnerable populations, such as the retired, sick, widows or those with low incomes.

Delayed Aid

Delayed aid means delayed starts. It comes in many forms:

Insurance adjusters who itemized everything rather than accepting IRS-approved, per-square-foot guidelines
Adjusters who move from disaster to disaster for higher paying jobs leaving Harvey clients in the lurch
Insurance companies that argued endlessly
HUD money showing up 18-months after the disaster
Buyout offers that come long after people have already repaired and moved back into their homes
Multi-layered, slower-than-snails flood mitigation processes
A legislature that meets every other year
A rainy-day fund that turned out to be anything but that for 18 months
Cities that don’t or can’t budget for disasters
Having to apply for grants to quality for matching grants
Filling out a state application for the right to fill out a federal application
Deserving people who made just enough money to get shuffled into low-priority categories for aid while the government sought to “fill up” quotas in higher priority (low income) categories
Federal dollars appropriated by Congress that still haven’t shown up
Studies that can add three to four years to the timetable for any flood mitigation project.

This list is far from complete. However, it explains why some repairs and mitigation projects happened right away and other efforts have not yet begun.

Things Government Can Influence

At the March 21st town hall meeting in Kingwood, Congressman Dan Crenshaw addressed the need to streamline government business processes to accelerate flood mitigation and aid. This certainly is a daunting task, but a noble and necessary one.

If he can do it, he will help tens of millions of people – not just Harvey survivors, but also survivors of disasters that haven’t yet happened.

Accelerating aid so that people can get back to normal sooner is crucial to restoring the psychological health of the community as well as its image.

Confidence in the certainty of aid and mitigation helps restore optimism in the future. It encourages people to invest in repairing homes quickly, rather than waiting to see what government will do.

Most people are more than willing to do their part if government does its.

There are not many un-repaired homes in the Lake Houston Area as of this writing. But there are enough to make buyers wonder. What happened here? Why? Could it happen again? Could it happen to me? And until those doubts disappear, home values and tax revenues will continue to be less than what they could be.

Posted by Bob Rehak on April 9, 2019

588 Days since Hurricane Harvey

For Earth Week: Sand Mine Reclamation Regulations Needed

Texas requires a reclamation plan to get a permit for sand mining. However, according to a spokesperson for the Texas Commission on Environmental Quality, Texas has no requirement to execute the plan when mining is done – except for a small pilot project on the Brazos River. Unscrupulous miners can and do walk away from mines without reclaiming the land when they are finished mining.

*Abandoned sand mine in Humble, TX. No fencing. No grading. No vegetation on slopes. Note proximity to buildings on adjoining property and road.*

No Attempts at Reclamation for 15 Mines in a Mile Radius

Abandoned sand mines like the one above on North Houston Avenue and Townsend blight the Humble area. Across the street sits another abandoned mine and a concrete recycling facility.

*Abandoned concrete crushing facility once part of sand mine in Humble, TX.*

A quick check of Google Earth shows that fifteen other abandoned sand pits lay in about a one mile radius near these. TACA, the Texas Aggregate and Concrete Association brags about how mines can be reclaimed, but are they?

Theory Vs. Reclamation Practice

We have the appearance of sand mine regulation. In practice, since the TCEQ began monitoring sand mines in 2011, the commission has levied only a few hundred fines statewide averaging about $800 per fine. That’s a slap on the wrist. Meanwhile, blights like these keep promising areas from re-developing. In the name of helping some businesses, bad actors in the industry harm others…and entire communities. Yet TACA fights legislative fixes.

Potential Legislative Fixes Falter

Two bills introduced in the legislature this year could help address this problem. Both have stalled in committee.

HB 1671 extends protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos. It would require local mines to file a bond that guarantees reclamation before they begin mining. HB1671 was referred to the Natural Resources committee on March 4. Nothing has happened with it since then.
HB 2871 would require sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance. The House Energy Resources committee heard public testimony on HB2871 on April 8, but the bill was left pending in committee. Again, nothing has happened with it since then.

With 38 days left in the legislative session, hopes for both bills are fading fast.

If this makes you angry, register your opinion.

First in a New Series

In coming days, I’ll illustrate other best practices where Texas falls short (and sometimes flat) compared to other states. The series will culminate with a peek inside the multi-million lobbying efforts of TACA.

I’m all for being business friendly, but when that starts to hurt other businesses and residents, I draw the line. That’s not being business friendly; that’s playing favorites.

Posted by Bob Rehak on 4/22/19

601 Days since Hurricane Harvey and 38 days left in the legislative session

Act Now to Reduce Sediment Due to Sand Mining

Sand mines aren’t the only source of sediment on the West Fork, but humans can and must control them. Upstream from Kingwood, on the East and West Forks of the San Jacinto, we have approximately 20 square miles of mines.

Contributing to Erosion and Sedimentation

Several key facts about them:

Virtually all are at least partially in the floodway (meaning they’re in the main current of the river during floods).

A small portion of the sand mines upstream from Kingwood on the east and west forks of the San Jacinto. Red Cross-hatched areas represent the floodway. Sand mines are the bright areas in the bottom layer. Aqua represents 100-year flood plain, brown the 500-year.

Texas has no laws requiring a minimum setback from the river. As a consequence the river runs right through them during floods, often breaching dikes.

Memorial Day Flood in 2015 ruptured the dikes on these sand mines on both sides of the West Fork. Floods don’t have to be this major to rupture dikes. I’m aware of four ruptures last year during the July 4 and December 7 floods.

The process of “river” or “pit capture” creates erosion both upstream and down, as this video demonstrates.

River migration over time can erode dikes in a process that increases the likelihood of pit capture.

Texas has no laws that require mines to reclaim the land when mining stops. Mines must file a reclamation plan before they begin mining, but nothing forces them to execute the plan when they are done.
Sand mines on the west fork have denuded a swath of forest that averages a mile wide, increasing the river’s potential for erosion during floods by approximately 33X.

HB 509 and HB 2871 Can Help

Two bills being heard tomorrow by the Texas House Energy Affairs committee could help address all of these issues.

HB509 allows Texas Railroad Commission to regulate aggregate production operations (APOs) with the TCEQ. Before mining can start, it requires: a hydrologic impact study, public notice, public hearings, and provides fines up to $10,000 and 1-year in jail for false statements.

The hydrologic impact study must take into account the cumulative impact of all mines in an area. This is critical for an area such as the West Fork, which is heavily over-mined.

HB 2871 requires sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation. Significantly, they would have to do both of these things before they could acquire a production permit. It also attaches civil and criminal penalties for non-compliance.

Both Bills Deserve Our Support

They can help make a difference and could help reduce sedimentation due to human sources.

Consider them together with other bills in the House Environmental Regulation Committee (House Bills 907, 908, 909 and 1671) that would create a series of best practices for sand mines, stiffen penalties for violations, and create a water quality control district between Lake Conroe and Lake Houston.

Your First Chance As an Individual to Make A Difference

HB 509 and HB 2871 will be the first bills actually considered since Harvey that could reduce the amount of sediment clogging the San Jacinto and Lake Houston.

Dredging that sediment could potentially cost hundreds of millions of dollars. Obviously, that’s not something the City, County, State and FEMA can fund regularly. So we must takes steps to stop dangerous sand mining practices now.

Ultimately we must require sand mines to move out of the floodway. And we must attach penalties if their dikes breach during floods. That will force miners to establish greater setbacks that reduce the likelihood of pit capture.

Please Help NOW! Here’s How

So please take fifteen minutes and email the members of the House Energy Affairs Committee before they convene tomorrow. Make your voice heard. Reduce the sediment coming downstream that backs up the river and ditches, contributing to flooding. Email address and a sample letter are below.

Chris Paddie, Chairman (Marshall/Northeast Texas)
chris.paddie@house.texas.gov
(512) 463-0556

Abel Herrero, Vice Chairman (Corpus Christi area)
abel.herrero@house.texas.gov
(512) 463-0462

Rafael Anchia (NW Dallas)
rafael.anchia@house.texas.gov
(512) 463-0746

Ernest Bailes (Huntsville, Liberty)
ernest.bailes@house.texas.gov
(512) 463-0570

Tom Craddick (Midland area)
tom.craddick@house.texas.gov
(512) 463-0500

Drew Darby (San Angelo area)
drew.darby@house.texas.gov
(512) 463-0331

Charlie Geren (NW Fort Worth)
charlie.geren@house.texas.gov
(512) 463-0610

Roland Gutierrez (SE San Antonio, Live Oak, Universal City, Converse)
roland.gutierrez@house.texas.gov
(512) 463-0452

Cody Harris (Hillsboro, Corsicana, Palestine)
cody.harris@house.texas.gov
(512) 463-0730

Mary Ann Perez (Pasadena, Baytown)
maryann.perez@house.texas.gov
(512) 463-0460

Jon Rosenthal (Far NW Houston)
jon.rosenthal@house.texas.gov
(512) 463-0722

Here is a sample letter of support for HB 509 and HB 2871. Don’t forget to update it with your own contact information.

Spread the Word

If you have friends or relatives living in any districts below, reach out to them: their voices as constituents may be even more powerful. Please call or write and encourage friends and relatives to do the same.

Hill Country representatives authored both bills, and considerable support exists for them outside this area. Hill Country concerns differ slightly from ours because different types of APOs operate there – rock quarries. But the rules that help Hill Country people will help us.

Posted by Bob Rehak on April 7, 2019

586 Days since Hurricane Harvey

Deed Restrictions on Northern Parcels of Romerica Land

I previously discussed the deed restrictions on the southern portion of Romerica land, where they plan to build most of their high rises. The southern portion is deed restricted to single family residential. That usually means “one family in one house on one lot.”

The largest, northern portion of the land purchased by Romerica for its development between Kingwood Lakes and the Barrington has deed restrictions, too. The restrictions on Romerica’s northern parcels are not quite as limiting, but still conflict in some ways with the developer’s announced plans.

*Discussion applies to Romerica parcels roughly outlined in red.*

Retail Restrictions

The 29.094 acre parcel of property (green area) adjacent to Woodland Hills is limited to “…church, school, townhomes, triplexes, amenity retail, not to exceed a total of 8,000 square feet for community based retail services such as a restaurant, snack bar, cleaners, ice cream parlor, bar, coffee shop, bakery, gym or other retail…”

While Romerica primarily plans condos for this northern section, this may conflict with plans announced on one of the developer’s many web sites – for almost 900,000 square feet of retail.

Multi-Family Low- to Mid-Rise For-Sale Housing

That parcel may also be used for offices, or low- to mid-rise, for-sale, multi-housing residential and patio homes.

Other parcels east of the first one are limited to offices or low- to mid-rise, for-sale, multi-housing, townhomes or triplexes, residential, patio homes and a conference center. Romerica has said it plans to put its 50-story hotel and conference center south of the Barrington, where land is restricted to single-family residential.

In Harmony with Surrounding Architecture

All design and architecture must be in harmony with the surrounding areas’.

So much for homes on stilts! Romerica had planned to build its condos on stilts to reduce the amount of fill needed to elevate homes out of the flood plain.

Specifically EXCLUDED: For-rent apartments, traditional single family homes, and duplexes.

Drainage Liability

The developer must also consider the impact that any improvements have on off-site and on-site drainage patterns. If the developer adversely impacts the drainage of adjoining property, the developer must correct the condition to the satisfaction of the adjoining land owner(s).

Surface drainage must go to underground storm drain structures. This could conflict with Romerica’s canal network.

Retail, Open Space, Parking and Height Restrictions

The deed restrictions also prohibit certain types of retail establishments. They include gas stations, night clubs, “adult” establishments, or funeral homes.

A minimum 20% open space requirement applies. All parking and buildings must sit back a minimum of 50 feet from property lines.

Deed restrictions limit building height to five stories. The roof line may not extend more than 65 feet above the slab.

No Boats or Trailers

Significantly, NO BOATS OR TRAILERS may be stored on the property. that could be a disappointment for people who buy condos as part of a marina resort.

For Complete List of Restrictions

To read the exact text in its entirely, click here and scroll down to exhibit B.

Please note: Roman Arrow, listed in the deed is one of more than 35 companies owned by Romerica’s two managers. Also note: Romerica and its related companies own additional parcels that may have other deed restrictions.

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

Posted by Bob Rehak on 4/6/2019

585 Days after Hurricane Harvey

Energy Resources Committee Hearing Testimony Monday on Bill To Regulate Quarry Reclamation

People in the Hill Country are up in arms about aggregate production operations (APOs). The Lake Houston Area is not alone. State Representative Kyle Biedermann of Fredericksburg has introduced yet another bill to regulate APOs. Biedermann’s bill, HB2871 focuses on mine reclamation. His bill targets APOs that quarry and crush rock, but the bill, if passed, would affect sand mines in our area, too.

Focus on Reclamation

HB2871 requires miners to acquire a reclamation permit BEFORE they can acquire a production permit. It would also require them to file a performance bond ensuring reclamation BEFORE acquiring that production permit.

*Abandoned sand pit in Humble remains unfenced despite being next to areas where children play.*

Gives Primary Enforcement Responsibility to Railroad Commission

HB2871 places the burden of enforcement on the Texas Railroad Commission. However, it allows the Railroad Commission to use the resources of the Texas Commission on Environmental Quality (TCEQ).

I first learned about HB2871 from a Hill County group protesting the permitting of a quarry. They approached me asking for support. It certainly appears that our interests align. And the author wrote the bill in such a way that it would apply to this area, too. I have previously blogged about the problem of abandoned and unsafe sand pits. We have many in the Lake Houston area. Once the last truckload of profit goes out of a mine, owners have little incentive to reclaim it.

Currently, owners are required to file a reclamation plan before getting a reclamation permit, but there is no requirement to actually execute the plan when they are done mining.

This page on the Hill Country group’s web site explains their loss of faith in the TCEQ, and hence, their desire to have the Railroad Commission oversee regulation.

How to Act NOW

On Monday, the House Energy Resources Committee will consider HB 509 and HB 2871. Representatives Biedermann, Wilson, and their staff have worked hard to draft these bills. Now we need to back them and help get them passed into law! HB 509, you may remember, requires a permitting agency to consider the aggregate impact of multiple mining operations in a small area before permitting any more.

Below are the names, phone numbers and email addresses of all the members of the House Energy Resources Committee who are soliciting comments. If you have friends or relatives living in any districts below, reach out to them: their voices as constituents may be even more powerful. Please call or write and encourage friends and relatives to do the same.