Tag Archive for: sand mining

Kings Harbor Now Harborless After Flood

May 27, 2024 – A sweeping line of sand deposited by the early May 2024 flood has left Kings Harbor harborless. Kings Harbor is one of Kingwood’s most popular destinations for eating out – whether you arrive by car, foot or boat.

The lakefront side of restaurant row is now shut in by sand collecting trash and logs swept downstream. The restaurants there, such as Chimichurri’s, Sharky’s, Raffa’s, and Zammitti’s, serve outstanding food and even more outstanding views. But at the moment, it’s not quite the romantic place for a marriage proposal at sunset. See the pics below.

Looking south from over waterfront restaurants at sand deposited by storm.
Looking SW toward West Lake Houston Parkway
Reverse angle. Looking north toward restaurant row and apartments beyond.

Dredging Costs Tough on Small Associations

Perhaps dredging companies are offering “buy one, get one free” deals next month.

Seriously, mobilization costs for dredging are so high that it makes sense to spread those costs over as many jobs as possible. By working together, the Kingwood Service Association and Kings Harbor could cut their mobilization costs in half.

Origin of Sand?

During the flood, I clocked the speed of debris floating in the water near this location. It was moving at 5-6 MPH, exactly the same speed as water moving through sand mines upstream on the West Fork. That’s more than enough to transport sand as you can see below from this industry-standard Hjulström curve.

River speed shown in blue. Size range for sand shown in red.

Did all the sand come from West Fork sand mines? No. The speed was also enough to erode riverbanks as you can see above. But the sand mines between US59 and I-45 expose approximately 33 times more sand to erosion.

Yesterday, I posted about the likely source for the sand blocking the Kingwood Diversion Ditch at River Grove Park. The same arguments apply here.

We need sand, but we also need to make sand miners operate more responsibly.

Posted by Bob Rehak on May 27, 2024

2463 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.

Past Catching Up With Montgomery County

5/23/24 – The past may be catching up with Montgomery County. Heavy rains earlier this month may have flooded more homes in Montgomery County than Harris.

For decades, many Montgomery County leaders refused to acknowledge that they had a flooding problem. Neither, for that matter, did they seem exceptionally concerned about the downstream impact that lax regulations and enforcement had on flooding in Harris County.

For instance, they failed to:

  • Establish a flood control district.
  • Keep drainage channels clear and well maintained.
  • Update floodplain data from the 1980s.
  • Update their subdivision and drainage criteria regulations.
  • Close loopholes that let developers avoid building stormwater detention basins.
  • Fund the inspection of new infrastructure to ensure it complied with regulations.
  • Adequately regulate sand mining.

In fact, they encouraged exponential growth of sand mining by giving miners ag and timber exemptions on their real estate taxes, which the Texas Comptroller says they are not entitled to.

Flooded subdivision near West Fork San Jacinto in Montgomery County. Photo 5/22/24.

Floodplains as a Shifting Target

As a result of all these issues, flooding problems got worse over time. People who had built homes and even entire developments too close to rivers and streams flooded repeatedly. Homes deteriorated and lost value.

Young first-time homebuyers and other low-income people snapped them up, hoping they wouldn’t flood. In some cases, the homeowners didn’t even think they needed flood insurance because of the out-of-date flood maps. Many lost life savings and lived in deplorable conditions until they could scrimp together enough savings to fix their homes.

Many also sought buyouts and disaster relief. But such expenses usually fall on the federal government. So Montgomery County had little incentive to change on that count.

As a result of shortsighted policies and willful blindness, some MoCo leaders presided over the decay of once-proud homes into flood-ravaged housing stock.

And now, that damaged housing stock has created festering eyesores that may tarnish the image of the county as a destination for those trying to flee Harris County’s problems.

Flooded street one mile from West Fork San Jacinto in Montgomery County. Photo 5/22/24.

Self-Destructive Policies Hit Home

The self-destructive policies listed above have become…well…self destructive.

Leaders of decades past could explain away Harvey. “A 1000 year storm!”

But what about the no-name storm of May 2024? Ten-year rains produced so-called “50-year flooding” that rose higher than floodwaters from Tropical Storm Imelda – a greater than 500-year storm. MoCo math strikes again.

I drove for six hours through Montgomery County yesterday, visiting one flooded neighborhood after another. As victims continued to drag waterlogged drywall, carpet, insulation and furniture to the curb, they did not have good things to say about some elected officials.

FEMA Disaster Recovery officials swarmed neighborhoods like this today (5/22/24).

Downriver from the scene above, the main drainage channel through a new development called Evergreen has turned into a river of mud because of rampant erosion. It appears to have no:

  • Silt fences.
  • Backslope interceptor swales.
  • Grass on the sides of ditches.
Evergreen in Montgomery County at SH242 and FM1314 drains into West Fork below the flooded homes above. Did the erosion here reduce the conveyance of the river, back water up and contribute to flooding?

Will Change Come Anytime Soon?

Yes, the past may be catching up with Montgomery County. But change must come from within the county. Harris County can’t dictate it.

The final figures are not yet in. But based on an unscientific “driving around” survey, it appears that Montgomery County suffered as much flooding as Harris County did this May – if not more.

This should be a wake-up call for a course correction by Montgomery County leaders before it’s too late.

Since taking office a short while ago, newly elected MoCo Precinct 4 Commissioner Matt Gray has fought hard to upgrade MoCo standards. The rest of Montgomery County drains through his precinct. Perhaps this event will open the eyes of his fellow Commissioners and County Judge.

We’re all in this together. Even the people north of Lake Conroe will live downstream from others in fast-growing, surrounding counties someday as the region expands relentlessly outward.

The sand mines will follow that growth. Get ready. They’re coming.

San Jacinto River, blocked by sand, now flows through abandoned West Fork sand mine, sending even more sediment downriver.

Dozens of Montgomery County homes flooded downstream from the fiasco in the photo above. Sedimentation may have played a role as it has in the past. It’s just too early to tell.

The time to reach out and work together is now. Not after MoCo math and stuck-in-the-past policies start to look attractive to commissioners and judges in surrounding Liberty, Waller, Grimes, Walker and San Jacinto Counties.

Posted by Bob Rehak on 5/23/24

2359 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.

All River Levels Falling, Flood Danger Over, But…

May 21, 2024 – After a second round of May floods (and the third this year), all river levels are falling today. The East Fork, West Fork and main stem of the San Jacinto River are finally falling this morning. So are the water levels in Lake Conroe and Lake Houston.

But sedimentation will likely be a problem when floodwaters totally recede.

Gage Readings For Lake Conroe

The gates at Lake Conroe are still open, but only releasing 1,599 Cubic Feet per Second (CFS). That’s about a twelfth of what the San Jacinto River Authority released at the peak of this second wave of May floods.

The graph below shows that the lake level is slowly approaching its normal conservation pool of 201 feet.

Note distances to flowage easement and top of dam. Homes around lake should be built above flowage easement.

All Gage Readings on West Fork Falling

In response, the West Fork at US59 fell below flood stage yesterday evening and continues to fall.

River Grove Park is draining, but the soccer fields are not yet playable.

River Grove Park draining on 5/20/24 at 5PM after flood peak passed

At West Lake Houston Parkway, the West Fork is well within its banks and falling.

Readings on East Fork

Upstream on the East Fork at SH105, the East Fork crest has passed and the river continues to fall.

At FM2090, the East Fork is 4 feet below flood stage and falling.

The East Fork fell below flood stage yesterday afternoon at FM1485 and continues to fall.

Lake Houston and Below

At the FM1960 bridge over Lake Houston, the level continues to fall well below flood stage, but is still about a foot above normal.

At the Lake Houston dam, water levels are also falling, but the lake is also about a foot above the spillway.

Floodwaters are still being released from the lake via both the gates and spillway.

The gates can release 10,000 CFS. That means about another 7,500 CFS are going over the spillway.

Downstream, on the main stem of the San Jacinto at Highway 90, the river is well below flood stage and continuing to fall.

West Fork Still Flowing Through Abandoned Sand Pit

That’s all great news. But the West Fork is still flowing through an abandoned sand pit near the Hallett Mine. You can see the impact at the confluence of the West Fork and Spring Creek.

Confluence of Spring Creek (left) and West Fork San Jacinto (Right) on 5/20/24 at 5 PM.

Can Water Moving at 5 MPH Transport Sand?

I measured debris coming out of the pit. It was moving at approximately 5 miles per hour (MPH).

Despite what some miners claim, 5 MPH should be more than enough to carry sand downriver.

Below is an industry-standard graph that shows the speed necessary to erode, transport and deposit sand/sediment of different particle sizes. Hydrologists and geologists call it a Hjulström curve, named after Filip Hjulström (1902–1982), the man who developed it.

After converting centimeters per second to miles per hour, I superimposed the speed of the river as a blue line over the graph.

The scientific Unified Soil Classification System defines sand as particles with a diameter of 0.074 to 4.75 millimeters. I rendered that range in red at the bottom of the chart.

Blue indicates speed of water. Red indicates range of sand sizes.

Floodwater moving at 5 MPH can transport the entire range of sand sizes according to the Hjulström curve. You can see it in the photo above.

The abandoned pit captured by the river is about a mile long and a half-mile wide.

The river will need to recede before we can see exactly how much moved down to the West Fork between Humble and Kingwood, or settled at the mouth of the river near Lake Houston.

In fairness, some of the sediment deposited downstream came from natural erosion from riverbanks. But there was also unnatural erosion from development and (I have heard) other mines. It is impossible to apportion responsibility precisely.

What we can safely say is that sand mining practices have increased sedimentation downstream and few people seem eager to fight the industry … even as we get ready to launch another round of dredging that will cost taxpayers $34 million.

Posted by Bob Rehak on 5/21/24

2457 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.

Flood Photos Raise Disturbing Sand-Mining Issues Again

Photos taken during last week’s flood raise disturbing questions all over again about sand mining so close to the San Jacinto.

Are:

  • Dikes strong enough? No.
  • Dikes high enough? No.
  • Setbacks from the river far enough? No.

Can:

  • Current flow through the mines? Yes.
  • The river stir up sediment? Yes.
  • The sediment escape the mines? Yes.

Will:

  • Miners convince legislators that the answers above are false? Yes.
  • More sediment in the river reduce conveyance downstream? Yes.
  • Anything change? No.

The sand mining photos below show dramatically that the river breached dikes, flowed through pits, stirred up sediment and carried it downriver. I have hundreds more, but these make the point.

Photos Taken May 3/4, 2024

In the picture below, the drainage channel bisects two abandoned sand mines that sit just downstream of the massive Hallett mine (out of frame to the left). Note current flowing from left to right and mixing with the clearer water in the drainage channel.

Northpark Channel approximately 3,000 feet back from where it normally enters West Fork beyond bottom of frame.
Northpark Channel approximately 3,000 feet back from where it normally enters West Fork beyond bottom of frame.

This photo and those below say at a glance how much sediment is being washed through and out of the sand mines.

Reverse angle in same area shows how large the mine complex is. At this point it is more than a mile wide (E to W) and 2.5 miles from N to S. River flows from upper right to upper left. Can you even tell where the river is?
Leak in dike of Hallett Mine into San Jacinto West Fork. Note water flowing over another dike into another pond in the background. River flows between the foreground and background.
Higher, wider shot from same area as above. Notice how river has penetrated Hallett pit on right in multiple places.
River flowed through that pit at the Hallett Mine on the San Jacinto West Fork.
Breach at far end of Hallett pit above has been open since January. Note river current cutting through pit and back into river at lower left. River flows from right to left.

Sediment Contribution to West Fork

The West Fork will remain above flood stage through tonight. It will be interesting to see how much new sediment works its way downstream. We will need a new river survey to document that.

The SJRA may also have to revise the conclusions of its recent sedimentation survey.

Luckily, the City of Houston has just started another dredging program to remove another 800,000 cubic yards of sediment above FM1960 where the East and West Forks come together.

Callan Marine getting ready to dredge northern part of Lake Houston

Good timing on that one.

Last question. Will the City be able to keep up with all the sediment coming downstream? No, in my humble opinion. At least not if we permit the sand mines to continue operating the way they do.

Gage readings at SH99 and US59 on the West Fork suggest that this was a 25 to 50 year flood. But the dikes should have been built to withstand a 100-year flood.

And while the mines above are built right next to the river, most other states require setbacks ranging from 100 to 1000 feet.

The Never-Ending Story

During Harvey, these same sand mines were implicated in contributing to the formation of sandbars downstream which reduced the conveyance of the West Fork. According to the Army Corps, the West Fork was 90 percent blocked in the area below. And that contributed to the flooding of thousands of homes and businesses.

South of the Kingwood Country Club’s Island Course, Hurricane Harvey deposited several feet of sand. It took the Army Corps months to dredge this area.

We seem to have developed a system whereby taxpayers subsidize miners. That only seems to encourage them to adopt more dangerous behaviors.

As one long-time resident who lives near the mines told me, “If Hallett thinks they can get away with something, they will try.”

In the miners’ defense, they claim they support the area’s growth. But that also entails clear-cutting thousands of acres. And you guessed it! That creates more erosion that clogs our rivers with even more sediment. More on that tomorrow.

The question is not whether we can live without sand mining. It’s whether we can have more responsible sand mining and development practices.

Posted by Bob Rehak on 5/7/2024

2443 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.

Breach at Hallett Mine Expanding

Correction: This sand pit in this post was sold by Hallett to Riverwalk Porter LLC on January 23, 2024.

A breach at the giant Hallett Mine on the San Jacinto West Fork that began in late January or early February is still open and expanding.

Two Pairs of Pictures, Two Weeks Apart

I first reported the breach on April 10. Below are pictures taken then and today.

Hallett Breach, April 10, 2024
Hallett Breach, April 24, 2024

In the pictures above, note the difference in the river bank on the left. It appears much more eroded. Also note the freestanding tree in the water on the right in the second photo that is not visible in the first.

Comparison of these wider shots shows more differences.

Hallett Breach, April 10, 2024
Hallett Breach, 4/28/2024.

The first shots in each pair were taken when the water was up due to heavy rains upstream. The second shots were taken when the river was at its normal level (57 feet at SH99 as opposed to 66 feet).

In the shot immediately above, note the lack of vegetation on the sidewalls of the pond. That’s one indication that the height of water in this pond was much higher at one time.

Google Earth Image

This image from Google Earth shows water draining out of the pond on February 19.

Hallett Breach
Hallett Breach in satellite image from Google Earth taken on 2/19/2024 shows silty water pouring out of the mine.

Impacts on River

One boater I interviewed for this post last Wednesday when SJRA was releasing 530 cubic feet per second from Lake Conroe said he could normally get all the way to Conroe in his flat bottomed boat at that flow rate. But on that day, he was frequently hitting bottom.

This is consistent with the experience of boaters launching farther downstream in River Grove Park. There, the river depth is now just 1-2 feet in places. And that’s after it was dredged just four years ago.

The Kingwood Service Association is studying ways to keep its boat launch open. But the need for dredging is becoming more expensive and frequent.

I should add in fairness that the river creates a fair amount of erosion on its own and that Hallett isn’t the only mine on the West Fork with breaches in its dikes.

It is, however, the largest mine by far and has a history of dumping its waste into the West Fork. Searching on the keyword “Hallett” in this website reveals 30 posts that include references to the controversial mine.

It has now been approximately three months since the breach.

Posted by Bob Rehak on 4/28/2024

2434 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.

River Bank Collapses, Taking Half of Sand Mine Road

At the abandoned Williams Brothers sand mine on the San Jacinto West Fork, a strip of land – approximately 400 to 500 feet long and up to 50 feet wide – collapsed into the river during the flood in late January.

The dramatic erosion, during a relatively minor (2-5-year) rain event, dramatizes the destructive power of moving water and the need for greater setbacks from the river for sand mines. It also raises questions about abandonment plans for sand mines.

Resident Photo From Boat Shows Collapse

A resident who frequently boats the river and wishes to remain anonymous supplied the picture below. As the resident said, “All that dirt went somewhere. And it didn’t go upstream.”

Looking upstream adjacent to Williams Brothers Mine south of Kingwood Drive

Aerial Shots Show Extent of Damage

From the air, the same location looks like this.

Williams Brothers Mine on right. Eagle Sorters Mine top left. Note extent of fresh sand on left.
Same area from lower angle. Note how trees collapsed into river.
Note also how erosion has eaten half of maintenance road around mine.

Where Trees Once Stood

Compare that with the satellite image below from Google Earth taken last year. Note how there used to be a row of trees on each side of the road. Now, trees remain only on one side.

The measuring tool Google Earth shows the width of the eroded strip was approximately 50 feet.

Most of the trees on the river side of the road are now floating down the river somewhere.

Blankets of Fresh Sand Everywhere

The resident who took the first shot above (the one from the boat) has lived near the river for 40 years. He says he’s never seen so much fresh sand deposited in a flood. See below.

Fresh sand flanks both side of the West Fork. Note trail of trees in water.

The images above show the power of moving water. One cubic foot of fresh water weighs 62.4 pounds. And more than 20,000 cubic feet per second moved down this reach of the West Fork during the peak of the January flood. That’s a lot of force on sandy soil.

We Must Plan for River Migration

That force was magnified by the way a river meanders. On the outside of curves, water accelerates. That extra speed accelerates erosion and creates what geologists call the cut bank.

Conversely, water travels less far and slower on the inside of a curve. As a result, sand is often deposited there in what geologists call point bars. Learn more in this post about Why Rivers Move.

Over time, erosion on one side of a river and deposition on another tends to exaggerate curves. Geologists call that process river migration. River migration already broke through the dike of one sand mine slightly upstream.

During the January flood, water flushing through that mine likely contributed to the buildup of sand blocking the Northpark drainage ditch near Northpark Woods.

Looking upriver along West Fork. Red arrow indicated where West Fork migrated through dike of abandoned sand mine.

Note in the photo above that the Northpark Ditch is now blocked by sand higher than ditch itself. This blockage suddenly appeared during the Jan. ’24 flood. It is backing water up toward Northpark Woods and Oakhurst in the upper right. At least some of the sand was likely flushed out through the breach in the dike above.

Need Greater Setbacks from the River For Sand Mines

As I stated in the beginning, this dramatizes the need for greater setbacks from the river for sand mines. At one time, there was no minimum distance.

In November 2021, after years of work by Bill McCabe and the Lake Houston Flood Prevention Initiative, TCEQ adopted new Best Management Practices (BMPs) for sand mining in the San Jacinto River Basin.

The new rules specify “A minimum 100-foot buffer zone is required adjacent to perennial streams greater than 20 feet wide, 50 feet for perennial streams less than 20 feet wide, and 35 feet for intermittent streams.”

Clearly, that may not be enough. For a list of what other states specify, see the Sand Mining page of ReduceFlooding.com.

Posted by Bob Rehak on 2/27/2024

2363 Days since Hurricane Harvey

Sand Mine Leaks Upstream from Blocked Drainage Ditch

Just upstream from the blocked drainage ditch at Northpark Drive and the San Jacinto West Fork, Hallett Materials operates the biggest sand mine between I-69 and I-45. The mine complex sprawls across several square miles and has several leaks. During the last flood in January, those leaks likely contributed to sedimentation in the West Fork and a blocked drainage ditch immediately downriver from the mine.

Blocked Northpark Ditch at West Fork
Contrary to a popular narrative among miners, this sand did not come from Spring Creek. That’s another watershed. Picture taken on 2/5/2024. The Hallett Mine is to the left (upstream) of the channel.
This picture of the blockage above shows the height of the sand relative to the top of the banks. Courtesy of a resident who prefers to remain anonymous.

Location of Mine Relative to Blockage

In late January, the West Fork experienced an estimated five-year flood after several days of nearly constant rains. Waking up after the flood was like a bad hangover. The blocked ditch above was just one of the problems. It is immediately downstream from the giant Hallett mine. See below.

Landsat image from Google Earth. Arrow shows direction of river’s flow. Circle shows location of blockage. Numbers show approximate location of leaks listed below.

Mine Leaks in Multiple Places

Let’s take a closer look at each of those three areas.

  1. One pond was wide open to the river through a large gap in its dike. The gap appears to have remained open since at least July 2023 and enlarged.
  2. A pipe was expelling water from a second pond straight into the river.
  3. A bulldozer appeared to have helped a third pond overflow across a road. Wastewater from the settling pond then flowed through woods and neighboring properties on its way to the river.

Pictures Taken on Feb. 8, 2024

Leak #1

Notice the huge gap in the dike of the pond in the center of the image below. Also notice that pond’s elevation compared to the one on the right.

The dike breach (center of image) first showed up in Google Earth in July 2023. It now appears considerably larger, indicating severe erosion from the recent flood.

The drought last summer and fall certainly didn’t cause the breach to enlarge.

Historical images in Google Earth show that this pond frequently breaches its dikes in different places. Something’s going through there!

Leak #2

A little farther downstream on the west side of the river, a pipe drains another Hallet pond directly into the river.

I photographed Hallett piping water into the river at this same location in 2020.
Leak #3:

Haven’t seen this before! On the east side of the river, in the woods next to Hallett’s main settling pond, a bulldozer apparently created a path for water to escape across a maintenance road. Water then flowed through woods 600-feet wide and onto neighboring properties before entering the river just above the blocked channel. See the series of images below.

Notice bulldozer tracks to left of perimeter road and wet area on road in the middle of the frame.

Flying closer, you can see that the bulldozer had pushed dirt from the road into the pond (see below, right side of frame).

Silty wastewater then escaped from the pond into the woods on the left.
The silty wastewater then migrated south (top of frame) through the woods.
Along the way, it invaded neighboring properties.
Then it drained back across the access road and into an abandoned mine (top of frame).

Hanover Estates now owns that abandoned mine. In the photo above, note the open path to the river in the upper right. It’s shown below in more detail.

Closer shot of wastewater exiting Hanover pond through another breach that leads straight to blockage (circled in red in the distance).

Apportioning the Relative Contribution of Different Sources

The Hallett mine owner told me that sand can’t escape his pits. I remain skeptical.

To be fair, some of the sediment in the channel blockage likely came from river-bank erosion and sand bars upstream.

Also, a new development called Northpark South, now in the clearing stage, likely also contributed to the blockage. Silty stormwater flows unchecked from it into a second abandoned mine (also owned by Hanover Estates) and then into the blocked drainage ditch.

Northpark South, which drains into Northpark ditch is being built over wetlands.
Northpark South photo from January 24, 2024, looking south toward abandoned mine, blocked ditch and river in distance.

No one can say that Hallett and Northpark South contributed all of the material in the blockage. But it would be hard to pretend that none of it came from them.

The mine is still leaking two weeks after the flood!

And even before the flood, a giant ravine was sending stormwater from Northpark South into the second abandoned mine on the south side of the ditch.

ravine at Northpark South
Northpark South on December 28, 2023 before flood. Note ravine caused by erosion.

That mine drains into the blocked channel directly above the blockage. (See very first shot in this post.)

The SJRA, which is investigating sedimentation in the river basin, relies on a sediment gauge at I-45 – upstream from the mines and most of the new developments along the river. So they can’t really help sort out this issue.

The Calm After the Storm

Now that the immediate danger has passed, we need to investigate the contribution of mining and floodplain development to sedimentation.

When rivers and ditches fill up with sludge, it reduces conveyance.

Then, when the next flood comes, instead of water staying within the riverbanks, it may back up or overflow into living rooms.

The greatest area of deposition will normally be where floodwater slows down as it reaches a standing body of water like Lake Houston. We’ve seen what that led to.

Corporate waste-disposal practices are matters of public safety and concern. We need to examine them more closely.

If Hallett and/or the Northpark South developer wish to respond to this editorial, I will be happy to post their points of view.

Posted by Bob Rehak on 2/9/24

2355 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.

2023 Legislature Scorecard on Flood Issues: 2 Wins, 4 Losses, 1 Toss-up

The 2023 legislature scorecard, just five years after Hurricane Harvey, shows that flooding is fast becoming forgotten in Texas. Of the seven issues I tracked, the Lake Houston Area had two wins, four losses, and one that could be ruled a coin toss depending on your point of view.

In the Win Column

Let’s look at the good news first.

HB 1: More Floodgates for Lake Houston

Due to last minute heroics, HB 1 contained enough money earmarked for more gates to keep the project alive. A last minute phone-call campaign by hundreds of citizens making thousands of phone calls to key state legislators in the House and Senate succeeded in getting riders attached to the budget bill.

Few projects have inspired more hope among residents in the northeastern part of Harris County than the one to add more floodgates to the Lake Houston Dam. The Lake Houston Area Flood Task Force identified the project as one of the top priorities for the area.

The idea: to release water both earlier and faster in advance of major storms to create more storage in Lake Houston. Right now, Lake Conroe can release water 15 times faster than Lake Houston. And the release from Lake Conroe during Harvey was widely seen as one of the contributing factors to the flooding of so many homes and businesses in the Lake Houston Area.

The governor signed HB 1 on 6/18/23. It becomes effective on 9/1/23. With funding secured, Houston Mayor Pro Tem Dave Martin says final design on the gates is proceeding.

Lake Houston Gates Project
Lake Houston Gates Project
SB 1397: TCEQ Reforms

The TCEQ was under sunset review this year. No one proposed eliminating the TCEQ. But many people had ideas to improve it. They focused on two main areas: increasing transparency and improving enforcement.

The Sunset Commission recommended measures to improve public outreach, public notices, community input, and dissemination of public information, including the publication of best practices for sand mining.

The Commission also recommended updating the TCEQ’s enforcement practices to better focus on the riskiest actors and ensure staff treat potential violations consistently and based on severity. 

Breach in dike of Triple PG mine remained open for months, sending wastewater into Lake Houston. Texas Attorney General is now suing the mine.

The governor signed SB 1397 on 6/18/23. It becomes effective on 9/1/23.

In the Loss Column

SB 2431/HB 5338: Gulf Coast Resiliency District

These companion bills would have transformed the Harris County Flood Control District into the Gulf Coast Resiliency District. The new District would have been governed by a board appointed by the Governor instead of management hired by Harris County Commissioners.

The idea: to create regional solutions that benefitted all residents of Harris County, not just those that scored high on an equity formula.

The County fought the bill(s) tooth and nail. Each failed to get out of committee.

HB 1093: Financial Surety Guaranteeing Sand Mine Cleanup

The bill died in the House Natural Resources committee. It never even got a public hearing.

This bill would have required sand mining companies to post financial surety that would guarantee cleanup of mines before they were abandoned. Abandoned mines on both the San Jacinto East and West Forks are littered with the remains of once thriving operations. But when the sand played out, the miners walked away, leaving a legacy of blight for the public to clean up.

abandoned dredge
Abandoned dredge in mine on North Houston Ave. in Humble. Property is unfenced so kids can play on equipment.
HB5341: Lake Houston Dredging and Maintenance District

This bill also died in the House Natural Resources committee. House Bill 5341 would have created a Lake Houston Dredging and Maintenance District. Its purpose would be to remove sediment, debris, sand, and gravel  from Lake Houston and its tributaries to restore, maintain, and expand the Lake to mitigate storm flows. 

SB 1366: Flood Infrastructure Financing

This bill died in the Senate Finance committee. Senate Bill 1366 would have redirected surplus revenue from the economic stabilization fund to the Flood Infrastructure Fund. The State’s Flood Infrastructure Fund (FIF) has turned into one of the main sources of funding for Texas Water Development Board grants and one of the main ways that smaller counties and cities can fund flood projects. 

Passed but Failed
HB 1540: SJRA Reforms

HB 1540 passed. The bill implements reforms recommended by the Sunset Review Committee for the the San Jacinto River Authority. Many of those are good and needed reforms. They include provisions governing:

  • Gubernatorial designation of the presiding officer of SJRA’s board of directors;
  • Specific grounds for removal of a board member;
  • Board member training;
  • Separation of the board’s policy-making responsibilities and the staff’s managementresponsibilities;
  • Maintenance of complaint information; and
  • Public testimony at board meetings.

Approval should have been a rubber stamp. But at the last minute, Rep. Will Metcalf from Conroe offered an amendment that effectively fired Jace Houston, SJRA’s general manager and leader of the SJRA’s fight to reduce subsidence. The amended bill passed the Senate. Houston resigned effective 6/30/23. And now the Lone Star Groundwater Conservation District has no one to challenge unlimited groundwater pumping in Montgomery County.

Some in the Lake Houston Area who flooded during Harvey may rejoice at Houston’s departure. But differential subsidence is tilting Lake Houston upstream. It could make the Lake Houston Dam two feet higher relative to areas upstream near the county line. That could eliminate the safety margin above the floodplain for many homes in the next big flood.

subsidence in Harris County
Modeling shows 3 feet of subsidence near Harris/Montgomery county line, but only one foot at Lake Houston Dam.

As someone who had floodwater lapping at his foundation, I personally would put this one in the loss column.

The governor signed the bill on 6/18/23. It goes into effect on 9/1/2023.

Posted by Bob Rehak on 7/2/23

2133 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.

Cunningham Sponsors Bill to Ensure Restoration of Abandoned Sand Mines

Newly elected State Representative Charles Cunningham has introduced a bill aimed at restoring sand mines to productive use after operators cease production. Cunningham filed HB1093 in December and it was referred to the House Natural Resources Committee on 3/2/2023.

Aimed at Protecting Water Supply for 2 Million People

HB1093 amends Section 28A of the Texas Water Code. It applies to aggregate production operations (APOs) located within 1500 feet of the San Jacinto. It deals with the reclamation of such mines and ensure water-quality in the river(s) around them.

The goal is to reduce adverse water-quality impacts to the San Jacinto and Lake Houston which supply drinking water to more than 2 million people. Additional benefits will accrue to recreation, wildlife, and environmental safety.

Requirements in Bill

Before abandonment, the bill requires APOs to file a reclamation plan signed by a licensed engineer. Such a plan would typically include measures such as revegetation, erosion control, grading, soil stabilization, and backfilling. The plans must also address:

  • Removal of materials used in production, waste, structures, roads, equipment and railroads.
  • Slope stability for the walls of remaining detention ponds
  • Closure of waste disposal areas
  • Costs for all of the above
  • Financial assurance (such as a performance bond, typical in the construction industry) designed to enable cleanup without cost to taxpayers if the operator walks away from the site or declares bankruptcy.

While we need sand to make concrete, we need clean water even more.

Why We Need This Bill

Think these issues aren’t real? They’re all around us. See the pictures below taken recently.

Dredge at abandoned mine on North Houston Avenue in Humble.
More abandoned equipment at same mine.
Another abandoned sand mine in Humble. No grading of slopes or vegetation that retards erosion. Note commercial structures threatened by collapsing walls of pit.
Abandoned mine on East Fork in Liberty County should have had soil stabilized with vegetation.
Another shot from same mine. Old structures, materials not removed.
And another. There are no fences to keep children from playing on this abandoned dredge.
At the same mine on May 3, 2021. Note two breaches in dikes sweeping sand down the East Fork.
Excavator in abandoned mine on West Fork.
Collapsing dike of West Fork mine.
Abandoned mine (foreground) next to recreational facility on opposite side of West Fork at I-45.

Part of Sedimentation Problem

Lake Houston has lost 20,000 acre feet due to sedimentation and continues to lose on average 380 acre feet annually.

In the 1980s, only one or two small mines existed on the San Jacinto West Fork. Today, sand mines occupy more than 20 square miles in a 20 mile reach of the river between I-69 and I-45. And many empty their pits into the river.

An active mine empties one of its pits into the abandoned mine in the foreground which drains straight into the West Fork.

The montage below shows the effect of such issues on water quality where Spring and Cypress Creeks join the West Fork. The angles vary. But in each shot, the dirtier water comes from the West Fork. This is typical and easily visible on most days.

Water coming from area with mines typically appears siltier.

Cost of Dredging

To maintain the capacity of Lake Houston and the conveyance of its tributaries, the City of Houston and Army Corps have dredged almost continuously since Harvey. To date, they have removed almost 4 million cubic yards of sediment at a cost of $226 million.

From presentation by Stephen Costello, City of Houston Chief Recovery Officer.

The City needs even more money to continue the program and it’s all at your (taxpayers’) expense.

How You Can Help

You can bet that TACA (the Texas Aggregate and Concrete Association) will lobby against this bill. So show lawmakers it has your support.

Write to the Chairman of the Texas House Natural Resources Committee, Tracy O. King.

Also, submit public comments when the bill is going to be heard; I will let you know when that is. Here is the website to make Public Comments.

To learn more, consult the sand-mining page on ReduceFlooding.com.

Posted by Bob Rehak on 3/3/23

2012 Days since Hurricane Harvey

One of the Prettiest Places in Texas

When I first started exploring the forests north of Houston 40 years ago, I thought they were among the prettiest places in Texas.

The towering pines had a quiet beauty. They wrapped you in a blanket of solitude. Surrounded you with silence. Calmed the soul. Enabled a retreat from workday worries into a world of wonder.

Here, you could reconnect with the roots of life. Relax. Restore. Renew. Right outside your back door. I just had to live here! But a million other people had the same dream.

16 Lanes Later

The dream became so successful that we paved 16 lanes to it.

Looking North at I-69 and Kingwood from over the West Fork San Jacinto

The same thing happened along I-45. As one development after another sprang up, we found ourselves destroying what attracted us here.

The Pursuit of Loneliness

As I reflected on this, it reminded me of a book I read in 1970, The Pursuit of Loneliness by Phillip Slater. For thousands of years, Slater said, to be civilized meant to be citified. We love all the benefits of living in a city (such as jobs, shopping, medical care, and events), but we dream of a place in the country that lets us escape. So we buy some acreage, use up hours each day commuting. And wake up years later only to find that millions of us have collectively destroyed the very lifestyle we fought so hard to attain.

Changes We Ordinarily Can’t See

To see the changes we caused, you need to rise above the tree tops. Only from there can you comprehend how we have put our forests and rivers under a carving knife.

Here’s what I found from four hundred feet up as I flew last month from I-45 to I-69 down the San Jacinto West Fork in a helicopter – 20 square miles of sand mines in a 20 mile reach of the river – carved out of one of the prettiest places in Texas. Unfortunately, this isn’t the only such stretch of river like this in the region.

All that opaque blue water isn’t what you’d find on a Caribbean island. It’s likely loaded with chlorides or cyanobacteria.

Dreams Built on Sand

Ironically, it takes sand to make concrete. And it takes concrete to build 16 lanes to your dream home. It might be worth it when you live at the end of the road and they take the sand from someplace else. You can still enjoy the dream.

But when the 16 lanes go 20 miles beyond you, when someone tears up YOUR forest to get the sand, and destroys the beauty you built your dream around, it makes you wonder whether there is a better way.

Can we find the sand somewhere else? Can we define rules for mining that preserve our collective dream, perhaps by repurposing the mines after we have exhausted them? Can we give developers an incentive to preserve trees instead of clearcutting them? Hope springs eternal, as the poets say. Another legislative session starts in January. Stranger things have happened.

Posted by Bob Rehak on 8/10/22

1807 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.