Tag Archive for: Plum Grove

“The Developers Are Coming! The Developers Are Coming!”

Actually, the developers are already here and licking their chops over the extension of the Grand Parkway (SH 99).

My riff on Paul Revere’s famous line is not meant so much as a statement of impending doom as about the need for caution.

Certainly, there are many honorable developers who try to build high-quality communities for people without adversely affecting downstream residents. I don’t wish to malign a whole profession. Nor do I want to fail to acknowledge the many wonderful communities they have built in this area.

But there are also some developers who put profit before people. They try to cut corners wherever they can and hope that nobody will notice. Especially regarding flood control. It’s expensive and easy because most people don’t understand it.

Grand Parkway Coming Soon To Wetlands Near You

The construction of State Highway 99, aka the Grand Parkway, has opened up vast new areas on the outskirts of Houston to developers. Many of those areas consist of wetlands and forests.

TxDoT is currently prepping land for Section H of the Grand Parkway almost all the way to FM 1960 on the east from US59.
From USGS. Wetlands near the path of Grand Parkway extension. Compare with maps above and below.

Visible Difference in Development Density Where SH99 Completed

The map below shows permit applications in the north Houston area. Compare the density of projects around sections of the Grand Parkway that have already been completed (left) with the areas on the east where the concrete has not yet reached.

This map shows permit applications in the northeast Houston area, both within the City and its ETJ (extra territorial jurisdiction. The Colony Ridge development featured below is outside the ETJ (green area) in the upper right of the map above.

Developers have even more projects underway outside the City’s ETJ (not shown on the map above).

How Development Can Affect Flooding

Kingwood residents have seen how one developer can contribute to flooding hundreds of homes. Last year, Perry Homes clearcut 268 acres north of Elm Grove before installing detention ponds. Hundreds of Elm Grove homes then flooded on May 7 and again on September 19, during Tropical Storm Imelda.

Below are recent photos of a massive 10,000 acre development in Liberty County near Plum Grove. It is about to become a 15,000 development now, thanks in part to Grand Parkway access. And yet it has only one small traditional detention pond.

Detention ponds slow down the rate of runoff to compensate for the loss of trees, wetlands and ground cover that have been replaced by streets and rooftops.

Their goal: to prevent downstream flooding.

Colony Ridge Accounts for All Growth in Liberty County In Last Decade

Colony Ridge can account for all the growth in Liberty County in the last decade. Below are some photos of Colony Ridge and its expansion near Plum Grove. The approach of SH99 will make it more accessible and therefore more attractive (at least from one point of view).

All aerial photos below were taken on 6/126/2020.

Looking north across the Grand Parkway extension toward Colony Ridge in Liberty County near Plum Grove.
Just north of the Grand Parkway (upper left), you can see roads going in that will accommodate even more manufactured homes, aka trailer homes.
The developer puts in roads, ditches, water and sewer. Fire hydrants? Forget it.

Developer’s Marketing Strategy

The developer tries to pass as many costs along to lot buyers as he can to maximize profit. He targets Hispanics. Residents tell me that sometimes two or three families may live in one of the homes you see here.

Nobody knows the real population of Colony Ridge because many residents are reportedly undocumented and uncounted.

Site work before parking a home is the responsibility of site buyers, many of whom openly burn brush to clear their lots. Like the developer, they’re trying to cut costs.

Land of Fire and the Forgotten

Resident burning brush on his property last Sunday afternoon. Residents aren’t the only ones burning.
That smoke you see on the horizon is from dozens of brush fires set by the developer as he continues to clear land.
Here’s one still smoldering.
At this point, a major storm would bring the potential for uncontrolled erosion, just as it did in Woodridge Village in Montgomery County, above Elm Grove.
As dry as it has been lately, the developer is burning brush piles next to woodlands. That increases fire risk. The barren surface also accelerates runoff and erosion, increasing flood risk.
Note the haze and plums of smoke on the horizon and the vast expanse of exposed, packed dirt.
The smoke is coming from burning piles of brush, such as these. If a fire spread into surrounding woods, local volunteer fire departments would be overwhelmed.
No fire hydrants anywhere in sight.

If this were Houston, hydrants would be spaced at a minimum of every 500 feet. A firefighter told me that the spacing often depends of home values and population. Based on population alone, he believes this area should have hydrants.

One Small Detention Pond for 15,000 Acres

The developer has one detention pond (center) for the entire 15,000 acres. He relies on less efficient, in-ditch detention for additional capacity. Note the proximity to SH99 in the upper right.
There are no detention ponds anywhere in the new areas being cleared. This is reminiscent of Woodridge Village which contributed to the flooding of hundreds of homes in Elm Grove. But Woodridge was only 268 acres.
The developer relies on this and other drainage ditches to double as detention ponds in storms. But at the far end of this ditch…
…FM 1010 washed out during Harvey and destroyed one of the two major access roads into the development. The in-ditch detention failed. So has the county. The road has been out now for 1025 days, increasing the commute time for residents and the response time for firefighters.

Endless Loop of Construction and Destruction

State Highway 99 represents more than just a third loop around the City of Houston.

SH 99 will bring more developers and more people eager to escape downstream flooding issues.

Tapayer funded roads such as these create endless loops of construction and destruction. They are like a perpetual motion machine. Building one area floods another, causing people to move farther out and the cycle to repeat itself.

No one will admit it’s intentional, of course. The flooding is just a byproduct of greed. Cut a detention pond here. Substitute in-line detention there. Don’t bother planting grass to reduce erosion. Send your problems downstream. Let someone else worry about them.

One Chance

Do all developers think that way? Of course not. Many have principles and wonderful communities to show for them.

That notwithstanding, as one Splendora resident said, “They really only have one chance to get this right. If they screw this up, it will be almost impossible to fix and they will argue over who is going to pay for it for centuries.”

We are at that inflection point now.

Posted by Bob Rehak on 6/19/2020

1025 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.

TCEQ Levies $19,063 Fine Against Texas Concrete Plum Grove Plant

The Texas Commission on Environmental Quality (TCEQ) has assessed a penalty of $19,063 against the Texas Concrete Plum Grove Plant at 7530 FM1010 in Cleveland, TX. The complaint stems from three incidents in 2019 and alleges unauthorized discharge of 40 million gallons of process wastewater; failure to keep proper and accurate water sampling records; and lack of soil stabilization at the site before abandonment. The complaint also alleges that one breach in the mine’s dike was 20-feet wide.

Unstabilized soil at abandoned Texas Concrete Mine. Photo taken April 21, 2020. Comparison with satellite images shows equipment has not moved since 12/1/2019.

Terms of “Proposed Agreed Order”

A “Proposed Agreed Order” dated April 14, 2020, spells out the basis for the alleged violations. Such orders represent a way for both Texas Concrete and the TCEQ to avoid the cost of litigation. The goals of the order: to reach a fair settlement under Texas law and force Texas Concrete to take corrective actions.

Unless Texas Concrete signs the order and pays the fine within 60 days, TCEQ will forward the case to its litigation division. The settlement offer then becomes void.

More Recent Alleged Violations

The enforcement action is in addition to a more recent investigation launched on April 28th of this year. The investigation alleged unauthorized discharge of water and lack of stabilization at the site. A TCEQ letter in response to an inquiry by State Representative Dan Huberty indicated that the investigator could not gain access to the site because no one was there. However, the investigator made limited visual observations from the property boundary. No processing activity was noted. There is no signage. And portions of the Site appear overgrown with vegetation.

The letter also indicates that TCEQ has tried to contact the site’s owner to gain access to the property for a proper investigation.

However, all communication efforts since April 28 have been unsuccessful.

Case Demonstrates Need for Performance Bonds for Reclamation

Calls to Texas Concrete’s headquarters in Houston by ReduceFlooding.com received a similar response. The person answering the company phone claimed they had no plant in Plum Grove. The person also said that she had never heard of Mr. Somaiah Kurre, the person listed as President of Texas Concrete Sand and Gravel, Inc. on the company’s permit. The phone of the plant’s manager had been disconnected.

The company’s web site indicates the Plum Grove Plant is still in operation, even though equipment on the site has not moved since December 1, 2019.

Ironically, Pit & Quarry magazine, and industry trade publication, featured the Texas Concrete Plum Grove Plant as a model for how to adapt to change. The article was dated January 16th of this year.

In the meantime, the plant represents a safety hazard to area children. The gate presents no real barrier to someone intent on trespassing. Pits on such mines can be 90 feet deep according to industry sources. And perimeter roads often collapse.

Such problems underscore the difficulty of getting operators to reclaim a mine when it becomes unprofitable. That’s why Texas should establish performance bonds that guarantee reclamation before the State grants a permit to begin mining.

“We will make sure they fix this,” said State Rep. Huberty. Huberty’s staff is already drafting more sand mining legislation for the session next year.

Posted by Bob Rehak on 5/7/2020

982 Days after Hurricane Harvey

Development Watchlist: Perry, Romerica, Colony Ridge and More

Here’s an update to last week’s watchlist. It includes seven Lake Houston Area developments – four from last week and three new.

Perry Homes’ Woodridge Village

On April 28, 2020, Harris County Commissioners approved the purchase of Woodridge Village from Perry Homes with two conditions: 1) that the City of Houston would defray half the cost by contributing $7mm worth of land that HCFCD needed for other flood control costs, 2) that the City would adopt new Atlas-14 rainfall statistics.

The next day, Houston Mayor Pro Tem Dave Martin discussed the deal on a Facebook live “virtual lunch” with the Lake Houston Area Chamber. At about 26:20 into the video, he said that the stipulations had already been agreed to. He said the City had already identified 11 pieces of property, 6 of which were presented to the County during its consideration of the deal in executive session the previous night. He also said the City would divert water from Taylor Gully to the Kingwood Diversion Ditch and build a barrier between Elm Grove and Woodridge, while the county built a regional detention facility.

Perry contractors went back to work the next day before Martin spoke. They continued working all week. They worked near Mace in Porter, on N2 (the large detention pond in the middle of the western border), and N3 (another detention pond on the eastern border).

A reliable source who needs to remain anonymous told me that the work was at the request of Perry’s lawyers. The source said that Perry and its contractors were simply complying with their contract.

This week marks the anniversary of the first storm (May 7th) that landed Perry in hot water. And forecasters predict an above-average hurricane season, which starts in four weeks. The lawyers may have had that on their minds, too. As they say in legal circles, “The third time is the pen.” Woodridge contributed to flooding Elm Grove twice last year, in May and September.

Excavator working near Mace in Porter on April 29, 2020.

Romerica’s “Orchard Seeded Ranches”

This is the 331-acre project formerly known as the Heron’s Kingwood. It wound around the Barrington and River Grove Park. Romerica is now trying to develop the same land under a different name, “Orchard Seeded Ranches.”

However, on Thursday, 4/30/2020, the Houston Planning Commission deferred approval of the developer’s General Plan.

plat of orchard seeded ranches
General Plan of Orchard Seeded Ranches in Kingwood Texas

The Commission then asked the developer to consult with the City Engineer; the Planning and Development Department; and Harris County Flood Control before bringing further requests back to the Commission.

That should send a strong signal to the developer that rough waters lie ahead. Any proposal will likely be debated publicly when/if the developer returns.

The development is still listed in CoH’s PlatTracker. So we will continue to watch this one.

Holley’s Kingwood Cove Golf Course Redevelopment

A review of the City of Houston’s PlatTracker Plus Map indicates that Holley has not yet applied for any permits on the golf course in Forest Cove. City of Houston confirmed that via a FOIA request (Freedom of Information Act).

Note how golf course on left is unshaded. That indicates no activity with the Planning Commission. Compare that to the purple area on the right for Romerica’s property. That indicates approval of a General Plan is still pending.

A review of the Harris County Appraisal District website indicates a limited liability company in Pittsburgh, PA, actually owns the golf course.

Harris County Appraisal District info for property at 805 Hamblen, aka Kingwood Cove Golf Course.

It’s not unusual for developers to use other people’s money. I shall continue to watch this. Holley says his engineer is reworking plans based on input from people surrounding the course.

Ryko Property Near Confluence of Spring Creek and West Fork

This property is in Montgomery County and the City of Houston’s Extra Territorial Jurisdiction. The Montgomery County Engineers office says the company has not yet filed any plans that have been approved. The City of Houston PlatTracker Plus Map also shows the owner has not yet filed any applications.

US FWS Wetlands Map shows wetlands throughout the Ryko property between Spring Creek and the West Fork.

New Caney ISD High School #3

Dark green area in center between Sorters Rd. and 59 is future home of New Caney ISD High School #3.

The New Caney Independed School District plans to build a third high school south of the HCA Kingwood Medical Center and behind the car dealerships that front US59. I don’t know much more about this except that they plan to extend roads into the area that is now forest. High schools usually have large parking lots. And that means rapid drainage. It is unclear at this time whether MoCo will require detention ponds.

Northpark Woods

Looking northwest at Northpark Woods from over Sorters/McClellan Road. The drainage ditch on the left parallels Northpark Drive. Sand mines and the West Fork are in the background. Photo 4/21/2020.

This high-density development along the West Fork San Jacinto River in Montgomery County is now about one-third to one-half built. Construction continues.

The Colonies in Plum Grove

North of SH99 in Plum Grove and east of the East Fork in Liberty County, lies one of the largest developments in the Houston region without detention ponds.

In January of 2017, the Houston Chronicle wrote about how La Colonia was transforming Plum Grove. They interviewed local residents who lamented the loss of forests. ABC13 ran a story about the squalid living conditions. Yet the area continues to expand.

Formally known as Colony Ridge, some locals call it “The Colonies.” Colony Ridge bills itself as a “master-planned” community with six major subdivisions: Sante Fe, Camino Real, Grand San Jacinto, Rancho San Vincente, Montebello, and Bella Vista. Together they comprise 30,478 lots on approximately 10,000 acres at present. And they’re still growing!

The Colonies currently cover an area almost as large as Kingwood. Photo 4/21/2020.
Drainage empties into the East Fork San Jacinto. While flying over the area, I did not see one detention pond.
 Mobil homes make up most of the housing stock. Note open-ditch drainage.

Colony Ridge advertises itself as “an escape from the city, land on which to grow and build a home, no restrictions and easy credit.” Aerial photos reveal people scratching out hardscrabble lives on barren lots.

This is a blue collar neighborhood. The developer says his target market is poor Latino laborers. They see this as a step up from apartment living and a chance to own a part of the American dream.

But while flying over it, I did not see one detention pond.

As SH99, the Grand Parkway, pushes east from 59, this area will boom. Without better drainage regulations, Liberty County and Plum Grove will heap their drainage problems on those downstream.

FEMA’s National Flood Hazard Layer Viewer shows East Fork Flood Plains relative to Colony Ridge (right).

The good news is that Liberty County has joined with seven other counties to form a Southeast Texas Drainage District. The bad news is that Harris County is not one of the seven.

Posted by Bob Rehak on 5/3/2020

978 Days after Hurricane Harvey

Abandoned Texas Concrete Mine in Plum Grove Still Hasn’t Stabilized Soil or Removed Equipment

Portion of Texas Concrete Mine in Plum Grove on 4/21/2020.

Last September 24, less than a week after Imelda, the TCEQ issued a notice of enforcement to the Texas Concrete Sand Mine in Plum Grove on the East Fork of the San Jacinto. The report noted that the mine was abandoned; no activity had been observed there in the two months before Imelda. And no personnel were onsite when investigators visited the operation.

Imelda dumped 30.4 inches of rain on this exact location on 9/17/2019 and days later, investigators found four breaches leaking pit water into the East Fork.

Purpose of Soil Stabilization

Sediment and other pollution can escape through breaches in the mine’s dikes and affect water quality all the way down to Lake Houston. Stabilizing soil helps prevent erosion and water pollution, and thus reduces sediment buildups that can contribute to flooding. I discuss TCEQ standards for final soil stabilization in this post. As you can see in the photo above, this site does not have “perennial vegetative cover with a density of 70 percent (%) of the native background vegetative cover … on all unpaved areas and areas not covered by permanent structures.”

Thus it represents a high risk of pollution.

No Activity Observed for Months, Signs Removed

Josh Alberson, a Kingwood resident, traced excessive turbidity in the East Fork to the mine during the same period and visited it on several occasions. He also observed no activity then or today. Alberson took the three photos below this evening.

This post used to hold the operation’s identifying sign, according to Alberson.
These posts used to hold the safety sign for Texas Concrete. It certainly appears as though someone no longer wants to be identified with the problems remaining on this site.
Past the gate, nothing remained but broken pipe and equipment left to rust. Alberson could see no recent tire tracks in or out. The unguarded, barely fenced operation likely represents a safety hazard to area kids.

Aerial photos taken last week showed no activity at the plant and no processing equipment. However, several dump trucks, a bulldozer and a dredge remained on the property.

Comparing the images below with the Landsat photo in Google Earth dated 12/1/2019 shows that none of the equipment has moved for at least five months and most likely longer.

Pipes, an excavator and fallen light pole have blocked the entry to the plant since 12/1/2019. None of the other equipment has moved since then either.
Mine’s dredge is on dry ground and no longer operational. Comparison with 12/1/2019 Google Earth image shows that the dredge has not moved since then.

Alberson also says that the breaches he reported to the TCEQ last year still remain.

Texas Concrete Says “No Mine in Plum Grove”

The phone number for the plant’s manager (listed in the TCEQ report) has been disconnected and is no longer in service. A receptionist at Texas Concrete’s headquarters was unaware of the man listed as president of the mine in the TCEQ report. She also said “we have no mine in Plum Grove.”

TCEQ Says No Active Permits For Mine

Christian Eubanks, an investigator for the TCEQ says the plant has no active permits. He investigated the plant last year and has opened a new investigation.

Texas Concrete is a member of TACA (Texas Aggregate and Concrete Association) and lists highway materials as a major line of business. (I’ll come back to that later.)

Public Policy Implications

Google Earth shows the mine covers approximately 147 acres and borders the East Fork for more than a mile. In its current state, even more breaches could open up in the next big storm and no one would be there to fix them.

This site represents a preventable disaster in the making. But what to do?

Former Texas Concrete Plant in Plum Grove as seen in Google Earth.

Currently, Texas regulations state that a mine needs a reclamation plan to get a permit. However, there are no regulations stating they must execute the plan before abandoning the property.

The time to think about a major expense, such as reclamation, is NOT what all the profit has left a mine. That, of course, should be done upfront – before mining starts and profits roll in. Duh!

Some states force mines to post performance bonds for reclamation before issuing the initial permit to construct a mine. That makes sense. Texas should adopt that policy. This case shows why.

The Eminent Domain Option

Texas should also exercise eminent domain when miners ignore their reclamation responsibilities. These abandoned pits can represent dangers to neighborhood kids.

Pits can have steep slopes and sharp drop offs. Some, reputedly are 90 feet deep. Roads around them collapse. The sides often cave in. They can even harbor dangerous bacteria.

With money from forfeited performance bonds (if miners fail in their reclamation responsibilities), Texas could turn abandoned mines into parks for people and wildlife to enjoy. And it wouldn’t be at taxpayer expense.

Walking away from reclamation responsibilities is just another way to externalize clean up costs that some mines reportedly build into their business plans.

It’s shameful. State Rep. Dan Huberty has campaigned for more than a decade for sensible sand mine legislation. He had this to say about the Texas Concrete case. “We are working with TCEQ and will be requiring the land owner to remediate.” He added, “We will also be drafting legislation to require bonds that ensure clean up after they are done mining and hold the owners liable for non-performance.” 

When aggregate companies have outstanding issues such as the Plum Grove mine, I personally would like to see their ability to do business with TxDoT suspended. That would get compliance quickly.

Posted by Bob Rehak on April 28, 2020 with thanks to Dan Huberty, Josh Alberson and the TCEQ

753 Days since Hurricane Harvey and 222 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.

TCEQ Goes After Texas Concrete Mine With Four Breached Dikes, Unstabilized Soil and Lapsed Permit

In October, the Texas Commission on Environmental Quality (TCEQ) issued a notice of enforcement (NOE) to a Texas Concrete Plum Grove sand mine for discharging wastewater into the East Fork. During Imelda, the mine’s dikes breached in at least four separate places. The TCEQ also issued another NOE for failure to stabilize soil in the mine before letting its permit lapse.

No Activity at Plant for Months

TCEQ investigator Christian Eubanks says they saw no activity at the plant for two months before the investigation after Imelda. No one at Texas Concrete answered phone calls to discuss their intentions for the mine.

Citizen Complaint Leads to Investigation

When floodwaters swept through the mine, sediment and industrial wastewater washed into the East Fork. Shortly thereafter, Josh Alberson, a Kingwood resident, noticed a distinct difference in the color of water coming off Caney Creek and the East Fork while boating. His personal investigation led to the mine at 7530 FM 1010 Road, Cleveland in Liberty County. After seeing the breaches, he then filed a complaint with the TCEQ which conducted a formal investigation.

12 Allegations of Unauthorized Discharges in 4 Years, Then This One

Texas Concrete Sand and Gravel, Inc. has a troubled history at its Plum Grove location. TCEQ investigated the operation nine times in the last four years for 17 alleged violations. Twelve involved unauthorized discharge of industrial waste. Then came this investigation, adding to their home run count.

Previous alleged violations included failure to:

  • Prevent unauthorized discharge of industrial waste (7 investigations plus 5 complaints)
  • Renew registration
  • Document steps taken to address benchmark exceedances
  • Comply with record keeping and reporting requirements
  • Maintain compliance with permitted numeric effluent limitations
  • Sample at designated outfalls.

Four Breaches Photographed At Texas Concrete Plant

TCEQ investigators photographed four breaches in the 70-acre mine‘s dikes.
Breach 1. This and all photos below were taken by Christian Eubanks of the TCEQ.
Breach 2
Breach 3
Breach 4

Failure to Meet Final Stabilization Requirements

On October 1, 2019, the mine allowed its permit to lapse. A TCEQ overflight on that same day found that large portions of the plant consisted of exposed soil. However, before the mine can legally terminate its permit, it must stabilize soil on the property.

TCEQ defines final stabilization as: “All soil disturbing activities at the site have been completed and a uniform (e.g. evenly distributed, without large bare areas) perennial vegetative cover with a density of 70 percent (%) of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.”

TCEQ photo from flyover on 10/1/2019. Note exposed soil circled in red.

Stabilizing soil helps prevent erosion and water pollution. Pollution that could escape through breaches in the mine’s dikes and affect water quality all the way down to Lake Houston.

Need for Greater Setbacks of Mines from Rivers

Since Harvey, I have campaigned to increase the setback distance of mines from rivers to prevent this type of tragedy. Texas has no minimum setbacks. Most other states require at least 100 feet and Alaska requires 1000 feet.

Texas Concrete underscores the need to establish minimum setbacks that would keep dikes from breaching. Once the owners of this mine are gone, who will be there to repair the dikes after the next flood?

Kudos to Josh Alberson for having the curiosity to investigate a problem he saw and the tenacity to follow through. People like Josh make this community great.

For the full text of the TCEQ Report, click here.

Posted by Bob Rehak on 11/18/2019, with appreciation for Josh Alberson and the TCEQ

811 Days since Hurricane Harvey and 60 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.