9/2/24 – On 8/26/24, the Texas Commission on Environmental Quality (TCEQ) issued a report on a San Jacinto West Fork pit capture. “Pit capture” happened when the river cut through an abandoned sand pit on a point bar instead of taking the long way around it. Worldwide, many environmental consequences have been linked to such pit captures. However, the TCEQ report never mentions the phrase.

Several area residents filed separate complaints with the TCEQ. Even though the report lists eight separate incident numbers, TCEQ apparently conducted one investigation (#1976402) and issued one report.

This report does not discuss other pit captures that happened elsewhere in the West and East Fork watersheds earlier this year.

The TCEQ report, which took four months to investigate, compile and release, did not:

• Refer to any water-quality measurements, even though the complaints concerned water quality.
• Address other sand-mine dike beaches and emissions in the same area
• Explore downstream impacts.
• Result in any reprimands, letters of enforcement, or violations.

TCEQ Finds No Problems

The four-month effort resulted in no action. Apparently, the TCEQ feels that since the pit is no longer being actively mined, it is no longer a threat to the public. It simply concludes that the incident falls within their “enforcement discretion” and they chose not to take any action.

TCEQ, which the Texas Sunset Commission dubbed a “reluctant regulator,” found nothing to get upset about even though the river:

• Has abandoned its normal channel
• Is now running through private property
• Is eroding a Native-American graveyard.

Who Operated This Pit?

The report also ignores a complex web of interlocking corporations involved with West Fork sand mining. They include, but are not limited to, Hallett Materials, RGI, JR Development and the Rasmussen Group, headquartered in Des Moines, Iowa.

• The first paragraph of the report states that the investigation was conducted to “evaluate compliance for RGI Materials, Inc. of the Porter Plant site located north of the West Fork San Jacinto River.” [Emphasis added.]
• But the report lists GPS coordinates for a pond on the south and west sides of the river. It also shows photos of the pit on the south and west sides.
• According to the Montgomery County Appraisal District (MCAD), JR Development Inc. owned that pit until January of this year. It sold the land to Riverwalk Porter LLC on January 23.

The report cites information obtained through a Jacob McCurry and identifies him as a Vice President of RGI Materials. But the Hallett Materials website lists Jacob McCurry as its Operations Manager.

The report never mentions Hallett, the largest operator on the West Fork. Hallett:

• Currently operates another pit captured by the West Fork about a mile north of the pit that the TCEQ investigated.
• Operates a settling pond directly across the river from the pit that TCEQ investigated. That pond has been leaking almost continuously into the river since January through another pit that RGI used to own.

The Texas Secretary of State shows that RGI is an assumed name of Hallett Materials.

It’s all very confusing. Except for the TCEQ report’s conclusion. The TCEQ is taking no action.

Erosion of Cemetery

In 2018, I met Kurt Rasmussen at the Hallett plant. Rasmussen is part of the family that controls Hallett, RGI, and JR Development.

He gave me a tour of the captured pit on the south and west sides of the river. He also told me that Hallett was prohibited from mining that island in the middle of the pit because it is a Native American burial ground.

As a result of the pit capture, dikes no longer protect that island from the river and erosion.

Unmentioned Problems with Pit Captures

The TCEQ report never mentions “pit capture.” Nor does it mention any of the problems associated with pit capture discussed in academic literature.

Where a river enters a pit, erosion typically migrates upstream (headcutting). That can lead to more river bank erosion. (You can already see it happening in the photo above on the right.)

Literature about pit captures also suggests that when rivers take a direct path through a sand pit, it can shorten the river’s length. This can increase the river’s gradient (slope) downstream, leading to faster water flow and more aggressive erosion.

Captured pits can act as sediment traps when water moves slow enough for sand to drop out of suspension. But when water moves as fast as it did in the May flood, it can stir up sediment and transport it downstream.

I measured the speed of water moving through the captured Hallett/RGI/JR Development/Rasmussen/Riverwalk pit at 5 miles per hour. That’s enough to pick up and transport large grains of sand.

This can contribute to increased sedimentation in downstream reaches, affecting water quality, habitat, and the morphology of the river.

That sediment began dropping out of suspension where the water slowed as it approached the headwaters of Lake Houston.

The increased flow velocity after a sand pit capture can also lead to downcutting that disconnects the river from its floodplain, reducing the ability of the floodplain to absorb floodwaters and support wetland habitats.

Scientific reports also say that such downcutting can reduce the level of the water table and destroy riparian vegetation.

TCEQ Ignores Downstream Consequences

TCEQ concluded with the words: “the discharge from this pond has been granted enforcement discretion.” TCEQ chose not to issue any violations.

Their decision apparently stems from the fact that the pit is no longer actively used for mining. According to the report, the current owner, Riverwalk Porter LLC, claims it intends to use the property (and presumably the graveyard within it) for “recreational purposes such as hunting and camping.”

It’s unclear how TCEQ’s ruling will affect boating on the river. The public waterway now cuts through private property. Will boaters be trespassers?

So many questions! And the biggest one: Why did TCEQ not investigate other San Jacinto River Basin pit captures in active mines when its investigators were in the air?

To read the entire TCEQ report, click here.

Posted by Bob Rehak on 9/2/24

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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.