LMI River Road Mine Archives

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Pipeline Repairs at LMI River Road Mine Need More Repair

In December 2019, I wrote about five HVL pipelines in a utility corridor crossing the LMI River Bend Mine on the San Jacinto West Fork. Erosion had undermined them badly, causing them to sag like clotheslines, as water moved toward the West Fork from one part of the mine to another.

*December 2019. Pipelines exposed by erosion at LMI River Road Mine.*

Readers filed complaints with the Mine Safety Administration. And soon, contractors started working on “a fix” for the problem, which had lingered for years. Repairs began in January. Then, in March 2020, I wrote about about completion of the repairs.

*March 2020. Repairs included the installation of two culverts under pipelines and a concrete swale on top of the culverts.*

The Warning Two Years Ago

But after looking at all the sediment spewing from the culverts, I warned that “one has to worry about them becoming clogged with sand and silt.” Below, see what the area below outfall looked like at the time.

LMI River Road Mine — At the time I captioned this image with “*A big issue in the future may be sediment clogging the culverts.*“

Today, Culverts Almost Totally Blocked

Today, the culverts look like this (see below). I took the images below on 7/22/22.

*Culverts’ intakes almost totally blocked by sediment. Mine has not maintained them. Water flows from part of the mine on the left to another part on right.*

Below, see how the culvert outfalls have also become clogged.

*Outfall on West Fork side of culverts.*

*Wider shot. Note how more erosion is beginning on either side of the concrete repairs.*

Repeat of Headward Erosion

The shot above illustrates the same type of headward erosion that started causing the safety problem in 2014.

LMI River Road Mine headward erosion through utility corridor — *Satellite image of same area from April 2014*

Is There A Long-Term Fix?

Short of maintaining one’s property to protect public safety, I’m not sure what the long-term solution is. In my opinion, the first obligation of these mines should be public safety. But that often seems like an afterthought.

Neighbors tell me that this mine no longer operates every day. Perhaps the owner, Liberty Materials Inc., is experiencing reduced demand for its product due to economic conditions.

Regardless of the reason, this problem illustrates the need for the TCEQ to stiffen abandonment procedures for sand mines. The thought of those pipelines rupturing highly volatile liquids during a future flood scares me. It should scare anyone who lives along the San Jacinto. What will happen when LMI is no longer here to maintain those culverts?

Posted by Bob Rehak on 8/1/2022

1798 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.

Sand Mine Continues to Push Its Luck by Mining Over and Between Pipelines

Last year, the flood during Tropical Storm Imelda washed out the sand supporting a natural gas pipeline running across an easement through the Triple PG Sand Mine in Porter. Luckily, Kinder Morgan (KM) shut the line down before anyone was hurt. KM then drilled 75 feet under the mine and spliced in a new section. But now Triple PG is mining over the new section, once again eroding the the public’s margin of safety.

Of course, it’s possible that the miners won’t get down to 75 feet. But TACA and some West Fork sand mines say they routinely mine 100 feet down.

Eroding Margin of Safety

Just as bad, they’re mining toward five pipelines carrying highly volatile liquids (HVL), potentially exposing them in the next flood, just like they were on the West Fork at the LMI River Road Mine.

*The Kinder Morgan natural gas line runs diagonally between the trees in the foreground, parallel to helicopter skid in the lower left.* *Five HVL pipelines run in the utility corridor in the background.*

*Here’s how that same area looked after Imelda on 9/27/2019, when Caney Creek (right) had flowed through the mine.*

Shortly before Harvey, the sand mine started mining next to the road cutting diagonally from top left to bottom right. Then, Harvey flowed through the mine, creating much of the erosion you see here.

Two years later, Imelda cut through the mine again, extending the erosion headward to the point where it could threaten the HVL pipelines in the utility corridor near the top of the frame above during the next flood.

In two years, the headward erosion cut toward the pipelines by 2000 feet.

Triple PG Already Operating Under Injunction

The sand mine sits at the confluence of two floodways and floods repeatedly.

On October 11, 2019, the State Attorney General at the request of the TCEQ, filed a temporary restraining order and temporary injunction against the sand mine. Repeated breaches of its dikes which had gone unrepaired allowed process wastewater to escape directly into the headwaters of Lake Houston. The issue even became part of the last Mayoral campaign when Tony Buzbee picked it up.

A Travis County Court set a trial date for 6/22/2020, but the trail has been delayed by COVID. Shortly after the Attorney General filed his suit, the owner of the mine, a cardiologist from Nacogdoches, tried to transfer ownership within his family’s companies and trusts.

The attorney general wound up suing all of them and the cardiologist’s attorney petitioned to withdraw from the case as counsel – a highly unusual move.

The case is still pending trial. Until then, the mine continues to operate under an injunction which prohibits it from dredging, but not dry mining.

Source: Travis County Clerk as of 9/30/2020

2020 will certainly go down in history as the year of living dangerously. A miner trying to push his luck is just one more thing we shouldn’t have to worry about…especially when he’s sitting on top of a huge stockpile of sand that he has barely touched in months.

No one has died yet. Hopefully they won’t. But if they do, it won’t take long for a lawyer to argue negligence and triple damages for the Triple PG owners. Of course, they will then likely declare bankruptcy and tuck tail back to Nacogdoches.

Posted by Bob Rehak on 9/30/2020

1128 Days since Hurricane Harvey and 377 since Imelda

Sand Miners Act Like They Own Our Rivers

Who owns our rivers? In Texas, the state owns navigable streams and rivers. People may not obstruct them, drive through them, dump waste in them, or mine them – at least not without a permit. But sand miners constantly violate those laws with only slap-on-the-wrist fines that amount to another “cost of doing business.” Meanwhile, you are the one who pays the price.

Navigable Streams/Rivers Protected for Public

What does “navigable” mean? This Texas Parks & Wildlife web page describes the concept of navigability “in fact” and “in statute.” There is no precise test for whether a stream is navigable in fact. One court observed that “[w]aters, which in their natural state are useful to the public for a considerable portion of the year are navigable.”

Another link to Texas Parks & Wildlife describes stream navigation law, specifically “Private Uses, Obstructions, Bridges and Dams.”

“Since the days of the civil law of Spain and Mexico, obstructions of navigable streams have been forbidden,” the page begins. “Nowadays the Texas Penal Code, the Texas Water Code, and the Texas Parks and Wildlife Code contain prohibitions against obstructing navigable streams, and the Texas Natural Resources Code forbids unauthorized private structures.”

The Commissioner of the General Land Office has some authority to grant easements for rights of way across navigable or state-owned stream beds.

No Right to Obstruct Navigation

However, in general, no one has the right to obstruct navigation or interfere with recreation.

Parks & Wildlife Code § 90.008 states regarding Public Access: “Except as otherwise allowed by law, a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater area.”

The “protected freshwater area” referred to above is defined in § 90.001 to be “the portion of the bed, bottom, or bank of a stream navigable by statute up to the gradient boundary.” That gets complicated, but generally, it means between vegetated river banks. Sand bars in a river are normally considered part of the river bed even if above water.

Prohibition Against Motor Vehicles in Rivers

In addition to the restrictions on obstruction of navigability, landowners (and the public) are generally prohibited from operating a motor vehicle in the bed of a navigable waterway (Tex. Parks & Wild. Code Section 90.002).

Prohibition Against Unauthorized Discharges

Numerous posts on this website have dealt with the legal limitations on discharging wastewater from sand mines. In general, it’s supposed to contain no more suspended solids and be no more turbid than natural levels in water upstream from the mine.

The only problem with that concept: when you have 20 square miles of sand mines in a 20 mile stretch of the river, it’s hard to find unpolluted water. In effect, the procedure/standard continually “lowers the bar” as you move downstream.

Out of Sight Makes Blight

What sparked this inquiry? As I fly up and down the West Fork, I see things normally out of public view. Such as miners’ dredge lines stretched across the river, blocking navigation. Such as trucks crossing rivers. Such as mines flushing wastewater down the river. Such as mining the riverbed, without permits or paying appropriate taxes.

Few people ever see these violations. And that has led to boldness on the part of miners. There’s little chance they will be caught. It’s kind of like speeding through a barren desert.

I have no idea whether any of the miners involved in most of the incidents below bothered to obtain permits. I do know that in many cases they have not.

Here is a small sampling of what I see from the air, month after month.

Dredge Pipelines Blocking River

*Dredge lines block river at Hallett truck crossing.*

*Dredge lines blocking river at Hanson Aggregates on West Fork in Conroe.*

Vehicles Driving Through River

*Vehicle about to cross river toward Hanson Aggregates Mine on West Fork*

Breaches Dump Wastewater into Drinking Water

*Breach at Triple PG mine into Caney Creek that was left open for months, now subject of a lawsuit by the Attorney General.*

*Another breach left open for months at same mine.*

*Breach into West Fork at Hallett Mine. Hallett says this was their stormwater outfall. It was open for years, but is now closed.*

*Plugged breach at Hanson Aggregates on West Fork*

*Often mines don’t breach directly into a river where it would be obvious. Here, the LMI River Bend mine drains onto adjacent properties which then drain to the West Fork.*

*Same area as above but closer to breach.*

Abandoned Without Reclamation

*Equipment abandoned in floodway at abandoned West Fork mine. Note oily scum on water.*

*Another abandoned River Aggregates mine perpetually leaks turbid water into West Fork. Even though mine is not active, an adjacent Hallett pit often leaks into this one and causes it to overflow.*

Pumping Wastewater to River and Adjoining Properties

*Triple PG mine pumped wastewater over its dike onto adjoining properties while operating under an injunction. Note how water is higher outside the mine (strip of trees in middle of image) than inside.*

*Note pipe in dike at Hanson Aggregates mine at allows water to drain out into ditch that runs to river.*

*Pumping water over the dike at LMI’s Moorehead mine.*

*Pumping wastewater into West Fork at Hallett Mine*

*At site of former breach, note how pipes now carry wastewater to West Fork from Hallett Mine.* *Water experts say that intense blue color is either cyanobacteria or extremely high chloride content in water.*

River Mining Without Permit

Effect on Water Quality

*Looking north at confluence of West Fork (top) and Spring Creek by US59. West Fork usually runs murkier than Spring Creek right. Almost all area sand mines are on West Fork.*

*Same confluence as above but looking west.* *56,000,000 gallons of white goop from Liberty Mine breach turned West Fork (right) white.*

Contributing to Blockages and Flooding

Rivers transport sand and sediment naturally. But with 20 square miles of sand mines built in the floodway of the West Fork upstream from the Lake Houston Area, miners have increased the potential for erosion 33x compared to the average width of the river. The pictures below, taken shortly after Harvey, show the results.

A six foot high dune not present before Harvey occluded the West Fork by 90% according to the US Army Corps of Engineers. More than 600 homes and hundreds of businesses flooded upstream from this blockage.

*West fork San Jacinto Mouth Bar after Harvey. Thousands of homes upstream from this blockage flooded during Harvey. It’s costing taxpayers more than $100 million to remove such blockages.*

Please share this post with friends and family. It’s time to start getting ready for the next legislative session.

Posted by Bob Rehak on 5/30/2020

1005 Days since Hurricane Harvey

Five Exposed HVL Pipelines Go Undercover; More Wetlands Drained

Five pipelines carrying highly volatile liquids (HVL) through the utility corridor that crosses the LMI River Road sand mine in Conroe have been buried again. Repairs have almost finished. Last Friday, crews were removing construction equipment and cleaning up. This significantly reduces risk to the public from a pipeline leak, rupture or explosion.

Erosion Triggered by Mining Too Close to Utility Corridor

Erosion from the mine first exposed the pipelines in 2014. The pipelines and mine reportedly argued about the fix in court for years. But after publication in December of aerial photos showing shoddy temporary fixes and badly sagging pipelines, residents lodged numerous complaints with the TCEQ, Mine Safety and Health Administration, Texas Railroad Commission, and the US Pipeline and Hazardous Materials Safety Administration.

Materials Stockpiled by January

Major repairs started in January. Contractors started stockpiling culvert, riprap, sand and other construction materials onsite.

Start of repairs. Photo taken January 20, 2020.

Construction Half Done in Mid-February

Construction was well underway a month later in February.

Cleanup Begins Early March

Last Friday, it was all over but the cleanup. Of course, cleanup in a sandmen is a relative term.

*Looking north at utility corridor and pipeline repairs from over the mine’s main pit.* *This photo and those below taken on March 6, 2020.*

*Looking south toward main pit and river. Water flows from behind the camera position into these inlet pipes.* *Note the concrete overflow spillway to reduce future erosion.*

*A ditch not channels water to the new culverts. It also intercepts water flowing south toward the river (upper left).*

*Where the ditch turns toward the culvert, it appears to be 10 to 15 feet deep.*

*Reverse shot. Looking NE. Unfortunately, mining and erosion seem to have drained the wetlands.*

Clogged Culvert a Future Risk

*A big issue in the future may be sediment clogging the culverts.*

Looking at all the sediment spewing from the culverts, one has to worry a bit about those culverts becoming clogged with sand and silt. No shortage of that around here!

Sadly, the wetlands lost since this episode started might have prevented some of that erosion.

Thanks to everyone who wrote regulatory agencies and complained about this situation. It helped produce a quick, happy resolution. Let’s chalk one up in the win column.

Posted by Bob Rehak on 3/11/2020

925 Days after Hurricane Harvey