Tag Archive for: Texas Concrete

Rampaging East Fork Floodwaters Cut New Path Through Plum Grove Sand Mine

The sign outside the abandoned Texas Concrete Sand and Gravel Mine in Plum Grove tells readers that an RV resort is coming soon. They might want to rethink that concept. Yesterday, rampaging floodwaters destroyed most of the mine except for a small area near the entry on FM1010.

Classic Example of Pit Capture

The East Fork rerouted itself right through the heart of the mine, sweeping away almost everything in its path. The river swelled to more than half a mile wide and ruptured dikes in at least four places when the river rose 10 feet in 24-hours.

The East Fork at this location rose 15 feet in three days, 10 of those in one day.
Normal course of river is red line on west side of mine. During flood, the river broke through the dike on the north side. Then floodwater filled the mine like a water balloon which burst in multiple places on the south side. Water now follows the yellow line.

This is a classic example of what geologists call pit or river capture. The East Fork entered the northern side of the mine and exited at multiple points on the south. Current coming out of the mine exceeded that in the river itself, carrying mud and muck downstream.

Flooding Based on Less than 10-Year Rain

The gage at this location indicated Plum Grove received only 3.36 inches of rain over a three-day period. However, up to 8 inches fell upstream from here, primarily during a two-day period. Jeff Lindner, Harris County’s meteorologist characterized the rains that produced the flood as, “Generally less than a 10-year event for the 48-hour time period.”

Pictures Taken on 5/3/2021

I took all of the shots below on 5/3/2021, three days after the major portion of the rain fell on April 30.

Looking north at the northernmost portion of the mine. The river appears to have entered the mine in this area. Note the dike in the far distance that’s not visible in the tree-line on the left.
Wider shot, still looking north toward entry point shows white water ripping through mine.
Looking south, you can see that the water in the mine is now higher and faster than the water in the river to the right.
Still looking south toward FM2090, now the only way in and out of Plum Grove. FM1485 is closed due to high water and FM1010 was washed out during Harvey by runoff from Colony Ridge to the southeast.
Looking north across FM2090. Where the water exits the mine, you can see that the force of the main flow is now misaligned with the bridge opening.
The width of the mine is now the width of the river…plus the river. Only the entry of the mine at the upper right remains above water at this time.
Looking east from over FM2090.

Danger of 2090 Washout in Next Big Flood?

Unless someone reroutes the river back to its original course and fixes the dikes, the current through the mine will continue to erode the banks of the roadway at the top of the image above.

These images dramatize the need for real sand-mining reform in Texas. There’s some evidence that Imelda did the same thing to this mine two years ago. But the TCEQ forced the company to repair the dikes. Now that the miners are gone, who will do that?

Plum Grove was lucky that upstream rains only amounted to a ten-year event. A larger storm could have cut the City and Colony Ridge off from the only viable evacuation route. More than 20,000 people would have been affected.

Posted by Bob Rehak on 5/3/2021

1343 Days since Hurricane Harvey and 592 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.

Daredevils at Triple PG Mine Continue to Push Safety Envelope

Two daredevil sand mining companies, Triple PG Sand Development, LLC and Texas Concrete, have stepped up their efforts to mine sand between pipelines that carry natural gas and highly volatile liquids.

AG Lawsuit Filed in 2019

In October of last year, the Texas Attorney General sued the Triple PG mine in Porter for up to $1 million on behalf of the Texas Commission on Environmental Quality (TCEQ). The original petition in the case cited repeated breaches in the mine’s dikes over a period of several years that let process water and sediment from the mine escape into the headwaters of Lake Houston. Lake Houston supplies drinking water for approximately two million people.

Days after the AG filed the suit, the mine’s owner, Dr. Prabhakar R. Guniganti, a cardiologist from Nacogdoches, tried to shuffle ownership of the mine through a series of trusts controlled by his family. In June of this year, the AG filed an amended petition, naming all the trusts and their officers (both individually and as directors) as additional defendants.

In that amended petition, we learned that a new operator started managing the mine in May of this year. However, Guniganti still owns it, according to the Montgomery County Appraisal District. The new operator is Texas Concrete, the same company that TCEQ fined in Plum Grove on the East Fork – for multiple breaches and other violations.

Both the TCEQ and AG’s office have declined to comment on ongoing legal matters relating to the Triple PG operation. However, while flying over the mine on Monday this week, I saw something very disturbing.

Mining Between Pipeline Corridors

Kinder Morgan has an easement for a natural gas pipeline through the mine. You can see the pipeline path on the left in the photo below. Their pipeline was exposed during Harvey by erosion and had to be buried deeper. Luckily, no explosions or fires resulted.

Looking NW. Mining between pipelines at the Triple PG mine in Porter. Natural gas line on left; HVL lines in utility corridor at top of frame.

Additional pipelines carrying highly volatile liquids run through the utility corridor at the top of the frame. LMI exposed those same pipelines further northwest when it mined on both sides of them. Then erosion ate the sand out from under them.

Now, Triple PG and Texas Concrete are mining sand from between the pipelines. This will increase the potential for erosion in future storms. That could expose pipelines and potentially lead to pipeline ruptures, spills, and/or explosions.

Looking west. Removing additional ground cover makes the pipelines on either side more susceptible to erosion and exposure during floods.
Looking south. Notice on right how mine has run heavy equipment across both pipeline corridors, a dangerous practice according to pipeline engineers.

To adapt a phrase about pilots from the aviation industry, “There are old miners and bold miners.” Those daredevils at Triple PG sure are Bold. With a capital B. As in Boom.

Posted by Bob Rehak on 12/11/2020

1200 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 Miner Takes Over Troubled Porter Mine While Still Violating TCEQ Regs at Plum Grove Mine

A year after the Texas Commission on Environmental Quality (TCEQ) filed a notice of enforcement against a Plum Grove sand miner named Somaiah Kurre, it appears that Kurre still has not complied with TCEQ regulations to restore his abandoned mine. However, he has found time to take over operations at the troubled Triple PG Sand Mine in Porter. The Texas Attorney General is already suing the Porter mine. This raises two serious public policy issues.

Should miners who leave behind environmental issues at one site be allowed to operate another before fixing problems at the first?

Permits Without Performance

It also calls into question state regulations that allow sand mines to obtain operating permits without forcing them to restore mines to nature or alternative uses when done.

Other states force mines to post performance bonds for reclamation before issuing the initial permit to construct a mine. If they restore the land when done mining, they get their money back. If they don’t, the state can use it to cover the cost of cleanup without forcing taxpayers to foot the bill.

Performance bonds are common in the construction industry.

Texas should adopt a performance-bond policy. This case shows why.

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

When unscrupulous operators are done mining a site, there’s no reason for them to invest another penny in it.

Texas needs performance bonds and/or a “toxic legacy” law. Companies that abandon unsafe mines should be forbidden to operate anywhere else in the state. They just can’t be trusted.

Troubled History In Plum Grove

Texas Concrete Sand and Gravel, Inc., one of Mr. Kurre’s 16 companies, has a troubled history at its Plum Grove location. Before October 2019, TCEQ investigated it nine times for 17 alleged violations in four years. Twelve involved unauthorized discharges of industrial waste.

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 water quality at designated outfalls.

Abandoned Without Compliance After Imelda

During Tropical Storm Imelda in September 2019, the mine’s dikes breached in four places. The mine discharged industrial wastewater and sediment into the San Jacinto East Fork. The East Fork empties into Lake Houston, the source of drinking water for 2 million Houstonians.

The company eventually fixed the breaches, but cancelled its Multisector General Permit (MSGP) and Aggregate Production Operation (APO) registration.

A company spokesperson told TCEQ investigators that the company had ceased all operations at the site.

However, the TCEQ report notes that terms of Texas-Concrete-Sand-and-Gravel’s permit still obligated the company to stabilize soil on the site or return it to an alternative post-mining use. A year later, that still hasn’t happened. Large portions of the site remain barren and disturbed.

No visible attempt has yet been made to stabilize soil, restore the land that needed it, or convert the site to an alternative use. So the company is still violating terms of its permit.

An excavator, dredge, shed, other abandoned equipment, plus bacteria- and scum-laden ponds remain. See photos below.

Photos Taken 10/25/2020

Abandoned stockpile shows signs of recent activity.
After a year with supposedly no activity, you would think some of this water would have clarified. Can you spot the five different colors of water in different ponds?
Dredge has not moved in months.
Working parts of dredge are crusted with rust.
Large part of site not stabilized. Tracks show trucks entering and leaving the mine, taking sand from the mine’s stockpile. But no signs or permits are posted at the site.

Provisions of Regulations and Permit

The requirements of the Texas Multi-Sector General Permit (MSGP) run more than 166 pages. But a TCEQ spokesperson summarized the relevant portions this way.

“The MSGP contains requirements … to terminate permit coverage after mining activity has ceased. The operator must demonstrate they have accomplished the final stabilization requirements: 1) completion of soil disturbing activities, 2) stabilization to minimize soil erosion, 3) ensuring stormwater runoff does not contribute to a violation of water quality standards, and 4) the site has been revegetated or left in the condition consistent with post-mining land use such as a nature park or lakes.”

“When operators have achieved final stabilization, they must submit a Notice of Termination which has been signed and certified by the responsible signatory authority as described in 30 TAC §305.44,” said the spokesperson.

The TCEQ spokesperson also said that Kurre, who fancies himself a startup impresario, is trying to negotiate payment terms for a $19,036 fine that TCEQ levied against him on April 14, 2020.

Encore Performance?

Meanwhile, another of Kurre’s companies, Texas Frac Sand Materials Inc., has taken over operations at the troubled Triple PG Sand Mine in Porter. It appears from a 9/8/2020 TCEQ investigation of that location that Kurre will operate, not own the mine.

The First Amended Petition in the Triple PG lawsuit by the Attorney General shows that Kurre took over operations at the Triple PG mine in April. However, the amended petition did not specify who the new operator was at the time.

The Texas Attorney General is suing the owners of the Triple PG Mine for more than a million dollars, plus up to $25,000 per day for the period that the mine discharged industrial wastewater into the headwaters of Lake Houston. Yep. Does this sound familiar? The Triple PG case (Cause No. D-1-GN-19-007086 in Travis County) has not yet gone to trial.

Ironically some of the alleged violations that the TCEQ charged Mr. Kurre with in Plum Grove are identical to the charges that the Attorney General lodged against the Triple PG mine in Porter.

The Many Faces of Somaiah Kurre

A search for corporate listings associated with Kurre’s name in the Texas Secretary of State database shows that he controls – wholly or partially – 16 businesses.

  1. Manjari Enterprises LLC
  2. Texas Concrete Enterprise, L.L.C.
  3. Asam LLC
  4. Texas Concrete Enterprise – II, LLC
  5. Shree Radha, LLC
  6. Texas Concrete Enterprise – IV, L.L.C.
  7. Texas Concrete Sand and Gravel, Inc.
  8. Plum Grove Material, Inc.
  9. Rohini Enterprises Inc.
  10. JSR Materials, Inc.
  11. Bright Star Stores, Inc.
  12. US Readymix Inc.
  13. US Fracsand, LLC
  14. Rama Krishna 2, LLC
  15. Texas Frac Sand Materials, Inc.
  16. Texas Concrete Sand and Gravel Enterprise, Inc.

Along the East Fork, Kurre owns or operates mines in San Jacinto, Liberty, Montgomery and Harris Counties. That possibly qualifies him as the largest operator on the East Fork.

Toxic Legacy?

Note unusual blue-green color in pond – a likely indicator of potentially dangerous bacteria.

According to the TCEQ, the color of that blue-green pool on the right in the photo above indicates that it is likely filled with cyanobacteria. Cyanobacteria can produce cyanotoxins. And the CDC says that cyanotoxins are “among the most powerful natural poisons known. They can make people, their pets, and other animals sick. Unfortunately, there are no remedies to counteract the effects.”

Pond near entry road.
Not quite a nature park! Texas Concrete’s legacy in Plum Grove. No identifying signs or permits are posted at the entrance to the site, despite the truck traffic.

Sites like this can unnaturally accelerate the buildup of sediment dams in rivers. Not only do they expose sand, they expose it in the floodways of rivers and streams. After Imelda, a huge sand bar set up at the mouth of the San Jacinto East Fork . It contributed to flooding of nearby residents. The public will have to pay to remove it.

East Fork Mouth Bar after Imelda. Before Imelda, this area was 18 feet deep. Boaters say the deepest part of the channel is now three feet.

Posted by Bob Rehak on 10/29/2020

1157 Days after Hurricane Harvey and 405 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 Complaints Against Texas Concrete Plum Grove Plant Still Unresolved

On July 14, 2020, the TCEQ completed another investigation into the Texas Concrete Plum Grove Plant. The investigator confirmed that it remains in violation of stabilization requirements before abandonment.

Small part of an estimated 15 acres still without vegetative cover. Photo taken 7/19/2020.

Moreover the company still has not removed rusting equipment.

Excavator and fork lift parked near entrance on 7/19/2020

13 Previous Investigations

TCEQ investigated the plant 13 previous times in the last five years.

The Texas Concrete Plum Grove Plant was already part of an active enforcement case (#57254) due to an unauthorized discharge and for failing to meet final stabilization requirements before terminating coverage under the Texas Discharge Pollutant Elimination System (TPDES).

“Due to the severity of the unauthorized discharge and the facility’s history of past noncompliance, this case will be referred to the Enforcement Division,” said the TCEQ in its report of a September 24, 2019, investigation.

Meaning of “Final Stabilization Requirements”

Final stabilization requirements include the planting of “vegetative cover” to retard erosion before abandoning the site. Texas Concrete ceased operations at the site and pulled down its signs. However, approximately 15 acres of the site remain unplanted; they have no vegetation.

According to the TCEQ report, the company claims it planted grass, but the grass failed to establish. A company spokesperson was not available for comment.

The definition of final stabilization is as follows: “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% 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 did not respond to a request for an explanation of how it measured 70% of the native background vegetative cover. Background vegetation is this case is a dense pine forest, not grass.

Rusting Equipment Allegedly Sold, But Still on Site

The company also seemingly abandoned rusting equipment on the site. The equipment includes a dredge, excavators, front loaders, dump trucks and trailers. Since the TCEQ’s followup investigations in June 2020, the company removed several dump trucks, but the vast majority of the other equipment remains – despite assurances from the company that it had all been sold. Neither the TCEQ, nor Texas Concrete has volunteered when the company will remove the equipment.

Weeds growing around tanker testify to how long it has remained there. 7/19/2020
Dredge still on site as of 7/19/2020
Cyanobacteria have taken over some of the ponds at the abandoned Texas Concrete Mine. 7/20/2020. The pond was not tested for cyanotoxins.

No Additional Leaks Found

There is some good news from the latest investigation. Texas Concrete plugged previous breaches in its dikes. The investigator did not find any new unauthorized discharges, or discharges that failed to meet water quality specs.

Approaching Peak of Hurricane Season and Year Wasted

Still, three tropical disturbances making their way across the Atlantic at this moment make a stark reminder of why abandonment requirements exist. This site has sat unused for approximately a year. That should have been plenty of time to establish grass at a minimum and to restore this site.

Texas Concrete brags that it is a member of TACA and that TxDoT is one of its customers.

If the State of Texas is serious about enforcing environmental regulations, now would be a good time to start. And this would be a good place.

The only thing that separates neighborhood kids from playing in the sand, climbing on the equipment, and swimming in the colorful water. The security guard sign is a bluff.

Posted by Bob Rehak on 7/20/2020

1056 Days after Hurricane Harvey and 305 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 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

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.

East Fork Water Shockingly Clear with Mines Closed

The attorney general has had production at the Triple PG mine on Caney Creek shut down and the breaches in the mine’s dikes closed since early November. Also, the Texas Concrete mine in Plum Grove on the East Fork closed. And the TCEQ is forcing them to fix breaches and replant exposed areas before abandoning the mine. It could just be a coincidence, but water clarity on the East Fork and Caney Creek have improved to a shocking degree with both of the major mines out of action. See below. Said Kingwood resident John Knoerzer, “This is the clearest I’ve ever seen the East Fork.”

Photo taken by John Knoerzer on East Fork at East End Park on 12/20/2019.

It’s not Cozumel, but it’s far better than the opaque brown liquid we had.

Return of Eagles

Resident Josh Alberson reports that he’s seen cormorants, pelicans and bald eagles return to the East Fork and Caney Creek. “They were feasting on the white bass.” Says Alberson, “Last Sunday, we saw more birds than we had every seen working. It was National Geographic worthy, but I couldn’t get close enough to get any quality pics or video.” He attributes all the birds to both the bass and the clarity of the water. “It helps the birds spot the prey,” he says.

Only problem: there’s so much sand in Caney Creek that it’s hard to boat upstream. Josh Alberson informs me that his jet boat got stuck on a giant sand bar immediately downstream from the Triple PG mine. Boats with propellers can’t get through at all, he says.

Please Help Document Wildlife and Water Clarity

It seems to me that this change, if it is permanent, is important to document. Any boaters or jet skiers who can make it upstream, please send pics through the submissions page on this web site.

Posted by Bob Rehak on 12/21/2019

844 Days after Hurricane Harvey and 93 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.