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.
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.
Today, Culverts Almost Totally Blocked
Today, the culverts look like this (see below). I took the images below on 7/22/22.
Below, see how the culvert outfalls have also become clogged.
Repeat of Headward Erosion
The shot above illustrates the same type of headward erosion that started causing the safety problem in 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/08/20220722-RJR_0226.jpg?fit=1200%2C800&ssl=18001200adminadmin2022-08-01 17:36:232022-08-01 17:57:24Pipeline Repairs at LMI River Road Mine Need More Repair
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.
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.
Triple PG Already Operating Under Injunction
The sand mine sits at the confluence of two floodways and floods repeatedly.
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.
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
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/09/20200911-RJR_1346.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-09-30 18:38:582020-09-30 18:57:16Sand Mine Continues to Push Its Luck by Mining Over and Between Pipelines
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.”
“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.
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
Vehicles Driving Through River
Breaches Dump Wastewater into Drinking Water
Abandoned Without Reclamation
Pumping Wastewater to River and Adjoining Properties
River Mining Without Permit
Effect on Water Quality
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.
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
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/05/20191002-EF-WF-Aerial_632.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-05-30 15:50:562020-05-30 16:59:03Sand Miners Act Like They Own Our Rivers
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
Major repairs started in January. Contractors started stockpiling culvert, riprap, sand and other construction materials onsite.
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.
Clogged Culvert a Future Risk
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
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_8928.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-11 20:03:212020-03-11 20:37:57Five Exposed HVL Pipelines Go Undercover; More Wetlands Drained