Tag Archive for: Triple PG

Breaches in Triple PG Sand-Mine Dikes Remain Open as Trial Drags into Year 8

3/1/26 – Travis County District Clerk records show that the state’s case against the Triple PG sand mine in Porter is now dragging into Year 8.

Meanwhile, breaches in the mine’s dikes remain open, allowing sediment-laden wastewater and stormwater to escape into the headwaters of Lake Houston, the source of water for more than two million people. The State of Texas originally sued the owners of the mine precisely because of such breaches.

The land on which the mine operates is under owned by Prabhakar R. Guniganti or one of several corporate entities that trace back to him. Guniganti is a cardiologist from Nacogdoches. The case began in 2019. And for a period, Guniganti kept shifting ownership of the mine through various shell companies and trusts to delay a trial. Finally, the state sued him as an individual.

Next came other delays related to discovery. Jury trials were cancelled in 2023 and 2024. In May 2025, a fourth amended scheduling order showed the discovery period should have ended in November 2025 and the trial should have started by February 9, 2026.

However, court records show that in December 2025, the court issued a FIFTH amended scheduling order. Ken Paxton’s office has stopped responding to emails regarding this case.

Screen Capture from Travis County District Clerk for Case D-1-GN-19-007086.

Meanwhile, erosion has created a breach into Caney Creek. It was caused by mining too close to a utility easement and now threatens pipelines carrying highly volatile liquids (HVL). It also threatens an electrical transmission tower.

Photos of Mine from 2/28/26

That particular breach has remained open at least since August 14, 2025. Here’s how it looked yesterday from several angles.

Guniganti’s mine stretches 2.5 miles from north to south. Montgomery County Appraisal District records show that he or one of his corporate entities still owns the property, despite name changes at the mine entrance on Hueni Road in Porter.

The southern part of Guniganti’s mine. Caney Creek in foreground. Note breach through utility corridor.
Reverse angle shows breach more clearly. Note pipelines still exposed.
Looking E. Another breach at far south end of mine. Lake Houston Park at top of frame.
Farther NW, mining next to utility corridor now threatens long-distance electrical transmission towers.
Breach in upper left. Caney Creek in middle. Note difference in water color in Peach Creek which joins Caney Creek in bottom right.
Farther to the NW, note another breach in the northern portion of Guniganti’s mine.
Closer shot of same breach shown in photo above. Caney Creek on bottom.

Guniganti doesn’t own the only mine on Caney Creek. Another exists upstream from his. But I didn’t see any breaches in that particular mine.

So, this may be a case of multiple mines or construction sites even farther upstream spoiling the water quality. Yesterday, I wasn’t able to work my way far enough upstream to see where the water color changed definitively.

Said another way, it’s not clear whether Guniganti’s mine 1) caused, 2) contributed to, or 3) played no role in this particular episode of Caney Creek sludge. However…

Impact on People and Fish

Two things are certain though. 1) The breaches let exposed sediment escape during storms. 2) The pollution is not good for people or fish.

For humans, sediment pollution increases filtration costs that show up in water bills. But for fish, sediment pollution can be fatal.

Yesterday, several fishermen told me that the white bass which usually spawn in this area are gone this year. So I asked ChatGPT how sediment pollution from sand mining and construction affect the spawning grounds for bass.

White bass, it seems, depend heavily on clean, course river substrates – typically gravel or cobble – for successful reproduction. Sediment pollution from sand mining operations and construction runoff can significantly degrade those spawning grounds through several mechanisms.

  • Egg suffocation by fine sediment
  • Filling the void spaces between stones. For many river fish, including white bass, >25–30% fine sediment content in spawning gravel begins to significantly reduce survival.
  • Increased turbidity disrupts spawning runs through reduced visibility and clogged gills. White bass often migrate upstream tens of miles from reservoirs or large rivers to spawn; sediment plumes can disrupt these movements.
  • Channel changes including bank collapse, loss of shallow riffles and channel downcutting
  • Burial of eggs during storm pulses. Even a few centimeters of sand can eliminate a spawning bed.
  • Impact on food chain. Even if eggs hatch, juveniles have a lower survival rate because sediment pollution also kills aquatic insects on which they feed.

For a deeper dive into the sediment pollution impacts from construction and sand mining on fish spawning, click here.

Volume of Sediment

Most sediment moves during storms. Scientists call these “sediment pulses.” And the bigger the storm, the bigger the pulses. One study suggests that Harvey moved 7.5 million metric tons of sediment in the San Jacinto watershed.

Loose sand in mines can dramatically increase sediment mobility.

Based on flood-damage studies and sediment-transport modeling, breaches of dikes around one large, sand pit can release 50-200 tons of sediment in a single storm.

Erosion happens naturally, even in heavily forested areas. But sand mines amplify sediment release because they:

  1. Store unconsolidated sand directly next to the river
  2. Remove vegetation and soil structure
  3. Use levees that can breach during floods
  4. Create pits that connect to the river during high water.

Relative Impact of Sediment Sources

ChatGPT compared the relative sediment contributions of several sources including:

SourceSediment Yield
Undisturbed forestVery low
AgricultureModerate
Urban constructionHigh
Sand mining near riversVery high (episodic)

Sand mines near rivers are especially problematic because:

  • Exposed sand is easily mobilized
  • Pit captures can deliver large slugs of sediment during floods
  • Stockpiles and haul roads contribute chronic runoff.

Posted by Bob Rehak on 3/1/26

3106 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 Investigates Exposed Pipelines at Porter Sand Mine, Finds More Alleged Violations

9/5/25 – The Texas Commission on Environmental Quality (TCEQ) has completed investigating exposed pipelines carrying highly volatile liquids at a sand mine in Porter operated by Texas Frac Sand Materials Inc.

exposed HVL pipelines
Exposed HVL pipelines in utility easement near Caney Creek photographed on July 24 and August 14, 2025

TCEQ documented the pipeline issue and referred it to the Railroad Commission of Texas, which regulates pipelines in the state. As of this writing, it is unclear whether the pipelines remain exposed.

Other Alleged Violations Found

While at the mine, the TCEQ investigator noted other alleged violations that are now part of an active enforcement action. Specifically, the report notes that the operator had not stabilized the entrance. Nor had the operator installed structural controls along the bridge that crossed White Oak Creek.

In addition, the investigator noted breaches in the dikes of the mine’s southernmost pit. One came in from White Oak Creek and the other flows out to Caney Creek.

Previous Alleged Violations

The report also notes that a 2023 investigation found three previous issues at the mine. They included failure to:

A 2024 investigation noted that the vegetative control issue had been resolved. However, the other two issues remained and were referred to the TCEQ’s enforcement division.

A followup investigation in 2024 noted failure to prevent the unauthorized discharge of process wastewater into waters of the state.

Other Problems Dating Back Before Harvey

Prior to Texas Fracsand operating the mine, Triple PG Sand Development (the property owner) operated it.

Triple PG also had multiple run ins with the TCEQ. One resulted in a million dollar lawsuit.

The lawsuit, which the state attorney general lodged on behalf of the TCEQ, has been delayed for six years by legal maneuverings. It began in October 2019 and is still waiting to come to trial in Travis County. See Case D-1-GN-19-007086.

The lawsuit alleged uncontrolled and unauthorized release of process wastewater from the mine’s dredging pond into the headwaters of Lake Houston. And it sought $1.1 million in damages plus $25,000 per day that the releases continued. The text of the lawsuit details other alleged violations dating back to 2015. However, Montgomery County Appraisal District records show that Triple PG acquired the property in early 2017.

In November 2019, Triple PG began a flimsy repair of its dikes. The repair later washed out and had to be redone. Then that repair washed out, too.

Pollution from the mine even became an issue in Tony Buzbee’s campaign for Houston Mayor.

In December 2019, I documented a natural gas pipeline exposed through mining activity at the Triple PG mine.

In May of 2020, TCEQ alleged the fourth unauthorized discharge of process wastewater in 10 months!

That’s critical because TCEQ requires the mine to monitor its waste for:

  • Nitrate + Nitrite N
  • Total suspended solids (TSS)
  • Arsenic
  • Barium
  • Cadmium
  • Chromium
  • Copper
  • Lead
  • Manganese
  • Mercury
  • Nickel
  • Selenium
  • Silver
  • Zinc.

For More Information

So far, no large fines. But the miners have gotten some hefty tax breaks from Montgomery County.

For the full text of the TCEQ investigation, see this TCEQ report dated 8/28/25.

Posted by Bob Rehak on 9/5/25

2929 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.

Triple PG Sand-Mine Lawsuit Slides to Year 7 as Problems Get Worse

8/14/25 – A State of Texas lawsuit against the Triple PG sand mine that began in 2019 will now be tried, at the earliest, in 2026. Meanwhile problems at the mine have gotten worse. Breaches in their dikes that triggered the lawsuit have recurred. And five pipelines carrying highly volatile liquids (HVL) are now exposed and suspended over another breach.

Trial Date Set for Feb. 2026

According to the fourth revised scheduling order issued by a Travis County district court, the lawsuit brought by the State of Texas against the Triple PG sand mine in Porter will now go to a jury no earlier than February 2026.

The State first sued Triple PG in 2019 for mining sand in a pit whose dikes had been breached in at least two places. White Oak Creek was flowing through an area being actively mined and then out through Caney Creek into the headwaters of Lake Houston, which supplies drinking water for more than 2 million people.

Triple PG breach into Caney Creek in September 17, 2019.

Shell Game and Other Early Delays

The judge quickly issued an injunction against the mine’s owner. Mining briefly stopped while miners repaired the dikes. But the dikes failed again. And the mine briefly became an issue in a Houston mayoral election when Tony Buzbee visited the breach for a photo op in May 2019.

Tony Buzbee (plaid shirt) visited Triple PG breach into Caney Creek with camera crew in May 2019 during mayoral campaign.

The judge then ordered the miners to develop an engineered solution that permanently sealed off the pit. However, the dikes failed yet again last year and have remained open for more than a year.

Between breaches they pumped water over their dikes onto adjoining properties.

Meanwhile, other hazards developed at the mine. The miners have exposed pipelines carrying natural gas and highly volatile liquids by mining near a utility easement.

On the legal front, the mine’s owner, a cardiologist from Nacogdoches, named Prabhakar R. Guniganti, transferred ownership of the mine through a series of shell companies and trust funds that he and his family controlled. This forced the attorney general’s office to sue one entity after another and name the cardiologist individually as a defendant.

Fourth Scheduling Order

Meanwhile, hundreds of miles away, the case lumbers along. See the full FOURTH Amended Scheduling Order here.

If this sticks…

  • In August and September this year, the parties will designate their expert witnesses.
  • During October and November, they will complete discovery.
  • In December, they will challenge each other’s expert witnesses and file remaining unheard motions.
  • In January, they will exchange witness and exhibit lists.
  • And the Jury Trial will begin on February 9, 2026.

However, the possibility exists that this could slip again as it has at least twice before. The judge originally scheduled this case for trial on October 10, 2023, and October 28, 2024.

General Reasons for Delays

Aside from specific legal maneuverings in this case, lawsuits in general can drag on for years. Many moving parts must align. And each step can take months or even longer. The main causes include:

1. Pre-trial Procedures Can Be Slow

  • Discovery – Both sides gather and exchange evidence, which can involve reviewing thousands of documents, deposing witnesses, and fighting over what’s admissible.
  • Motions and Hearings – Lawyers may file motions to dismiss, suppress evidence, or get summary judgment. Each motion needs time for responses and court rulings.
  • Scheduling Conflicts – Courts juggle many cases, and attorneys may have other trials or deadlines.

2. Complexity of the Case

  • Many Issues – Multi-defendant cases or lawsuits involving technical subjects (e.g., environmental law, patents) require more experts, more evidence, and more coordination.
  • Specialized Evidence – Expert reports, forensic analysis, or financial audits can take months to produce.

3. Negotiation and Settlement Efforts

  • Even if both sides want to settle, negotiations can stall while parties evaluate risk, await rulings on key motions, or try mediation.

4. Appeals and Interlocutory Delays

  • If a court rules on an important issue before trial, one side might appeal immediately. This “pause” can last a year or more before the trial even resumes.

5. Strategic Delays

  • Parties may deliberately slow the process to pressure the other side—by increasing costs, waiting for evidence to weaken, or banking on a change in law or circumstance.

6. Court Backlogs

  • In busy jurisdictions, there can be long waits simply for your turn on the docket—especially after events like the COVID-19 pandemic, which created major case backlogs.

Dikes Open and Pipelines Exposed

In July, mining continued with the dikes wide open again.

triple pg breach into Caney Creek
Triple PG dike breach in July 2025…
sand-pit capture between White Oak and Caney Creeks
Same breach on August 16, 2024

Dike Regulations

The Triple PG mine received 15 citations in two years from the Mine Safety and Health Administration before the TCEQ filed its lawsuit through the Texas Attorney General. See the MSHA site for a key to the citations.

The U.S. Mine Safety and Health Administration regulation §56.20010 regarding retaining dams specifies that “If failure of a water or silt retaining dam will create a hazard, it shall be of substantial construction and inspected at regular intervals.” 

TCEQ also has requirements for constructing dikes and levees. Note the paragraph on page 2 about structural integrity. “Construction must be based upon sound engineering principles. Structural integrity must withstand any waters which the levee or other improvement is intended to restrain or carry, considering all topographic features, including existing levees.”

Pipeline Issues Now Added to Complaint

Breaches aren’t the only issue at the Triple PG mine (now operated under the name Texas Fracsand). The daredevils operating the mine have exposed five pipelines carrying highly volatile liquids.

exposed HVL pipelines
Triple PG Breaches and Exposed Pipelines on July 24, 2025

I alerted the Texas Commission on Environmental Quality after discovering this, but have not yet heard of the outcome of their investigation.

When went back today to see if the operator had addressed either the breaches or the pipeline issues, I found no changes.

The breeches were still wide open and the pipelines unprotected.

Pray that we don’t see any more delays in the jury trial.

Posted by Bob Rehak on 8/14/25

2907 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.

Five Highly-Volatile-Liquid Pipelines Exposed at Triple PG Mine on Caney Creek

7/24/25 – Five pipelines carrying highly volatile liquids (HVLs) have become exposed and undermined by erosion associated with sand-mining activity near Caney Creek in Porter. Some of the pipelines have been shored up. Others hang suspended in mid-air. See below.

Exposed pipelines at northern end of Triple PG property near Caney Creek
Reverse angle shows proximity to Caney Creek in foreground.
Side shot gives better view of utility-easement erosion at northern part of mine.

This is not the miner’s first tangle with pipelines. In 2020, miners exposed a Kinder Morgan Natural Gas pipeline in the same general area. That forced Kinder Morgan to abandon its line and drill a new one 75 feet beneath the mine.

The Triple PG daredevils had been pushing the safety envelope by trying to mine sand between the pipelines.

From Texas Railroad Commission

From Railroad Commission website in August 2021. Note how miners had started mining past Kinder Morgan pipeline on bottom. Compare this with photos above taken today that show pipelines exposed where clustered green lines are.

The exposed HVL pipelines observed today are part of a pattern at this mine. But it’s not the only dangerous pattern, in my opinion.

Attorney General Lawsuit on Behalf of TCEQ

Back in 2019, breaches of two dikes at the same mine were left open for months. The mines released process wastewater through those breaches into the headwaters of Lake Houston for months. They also let White Oak Creek flow through the Triple PG sand mine (now operated by Texas Frac Sand Materials, Inc.) directly into Caney Creek.

Both White Oak and Caney Creeks flow into the San Jacinto East Fork and the headwaters of Lake Houston, which supplies drinking water for 2.2 million people.

The Texas Attorney General filed a lawsuit on behalf of the TCEQ. An injunction forced the miners to close the breaches and reinforce the dikes.

The lawsuit sought $1,000,000 in penalties plus $25,000 for each day violations continued.

The dikes were originally repaired. But in August 2024, I photographed the same dikes…ruptured again in the same places. They still haven’t been fixed. Here’s how they looked today.

Looking N. from over Hueni Road. White Oak Creek (left) flows into and through Triple PG property.
Still looking N but farther east, water flows out of the mine into Caney Creek (right of mine). Lake Houston is behind camera position.

Original Case Delayed Six Years

Legal maneuverings and a change in ownership of the mine through a series of shell companies and trust funds have delayed the original lawsuit for six years in Travis County courts. See Case No. D-1-GN-19-007086.

Texas Frac Sand Materials now operates the mine even though Dr. Prabhakar R. Guniganti and his family still own the property. See the Montgomery County Appraisal District record below for the part of the mine with the five exposed HVL pipelines.

MoCo Appraisal District record shows 1992 Guniganti Credit Shelter Trust owns the parcel outlined in blue where mining exposed pipelines. This one parcel is a small part of a much larger mine.

Guniganti, a cardiologist from Nacogdoches, is one of the PG’s in the original Triple PG Mine.

The Texas Commission on Environmental Quality (TCEQ) has already opened an investigation into both the pipeline and breach issues reported above.

Posted by Bob Rehak one 7/24/2025

2886 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.

Triple PG Sand Mine Trial Delays Total 5 Years Now

June 5, 2024 – The Triple PG sand mine trial, originally scheduled for 2020, has been rescheduled yet again for March 2025 – a five year delay and counting.

A new schedule shows the Texas Attorney General lawsuit against the Triple PG sand mine in Porter may go to a jury on March 24, 2025. Originally, the case was set for trial on June 22, 2020.

But a corporate shell game by the defendant created a series of delays while the AG tried to figure out who was on first.

Then they took two years off for COVID. Finally the judge scheduled a conference call to jumpstart the case in 2022.

Original Complaint

The Texas Attorney General (AG) sued the Triple PG sand mine in Porter on behalf of the Texas Commission on Environmental Quality in 2019. Two breaches in the mine’s dikes were allowing industrial wastewater to flush into White Oak and Caney Creeks, then into the headwaters of Lake Houston. The lake supplies drinking water for two million people.

But not much has happened since then. And the Triple PG sand mine trial just got postponed. Again. Without explanation.

New Scheduling Order

See the second amended agreed scheduling order in the Triple PG sand mine trial. Five years of delays on a case originally scheduled to go to trial in one year!

The Attorney General’s office did not respond to a request for explanation or comment.

Discovery is now supposed to end on December 20, 2024. And a jury trial will begin “on or after March 24, 2025.” Uh, oh! I don’t like that “or after” part.

While Everyone Delayed…

Along the way, those daredevils at the Triple PG have:

Those bullet points just scratch the surface. I’ve created more than 60 posts that feature the Triple PG mine.

All Charges Denied

Prabakar Guniganti, the cardiologist from Nacogdoches owns the mine through one of his shell companies. The Montgomery County Appraisal District shows that the Guniganti Children’s Trust Fund owns it now. Guniganti has denied all charges by the TCEQ and Attorney General.

Pipeline that wasn’t exposed, December 6, 2019
sand mine and Lake Houston wilderness park
Wastewater at Triple PG mine, July 27, 2022. Guniganti has an ag/timber tax exemption on this gem.
dead trees on property adjoining Triple PG mine
Trees killed by process wastewater on neighboring property, June 6, 2022
Triple PG wastewater flowing unobstructed into Caney Creek and Lake Houston, September 2019

Posted by Bob Rehak on 6/5/24

2472 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.

Royal Pines Builds Stormwater Detention Basin, But…

The controversial new Royal Pines subdivision that flooded a neighbor four times in two months has finally built a stormwater detention basin.

The good news: The basin should capture water flowing from one direction toward the neighbor.

The bad news: The height of the berm around the pond could back up water from the opposite direction onto the neighbor’s property. The concentrated flow could also erode the earth over a natural gas pipeline.

Drainage Now Concentrated Over Pipeline

The pipeline is buried only 36″ deep along the silt fence in the photo below. So any floodwater coming from the west (right) will now be concentrated directly over the pipeline.

Water used to converge from both east and west toward a natural depression in the middle of the new development. But contractors changed the natural grade, confusing the situation.

Looking south from over White Oak Creek toward the new 6.3-acre detention pond in the NW corner of Royal Pines. Water drains toward camera.

The drainage impact analysis for Royal Pines below shows that 11.6 acres outlined in purple (labeled as OFF1, for offsite area #1) drains through the larger 49.5 acre area that contains detention Pond 1 shown in the upper left. The plans show a channel running about a quarter of the way down the left border where the silt fence now is, then mysteriously stopping.

From Royal Pines Drainage Impact Analysis dated April 2022.

When I first saw the plans, I assumed the water in that channel would empty into the pond. But no inlets are installed at that location. At least not yet even though others are installed elsewhere.) See below and above.

Looking west toward neighborhood that flooded from development. No inlets come from that direction.

Instead, water coming from the west will meet a wall approximately 8 feet high.

Wall of Royal Pines Detention Pond 1 next to homeowners lot.
The wall of the detention pond. This area used to slope down toward the trees in the background. Now you can barely see them.

The berm forms a dam against any water coming from the west (behind the camera position). That includes floodwaters from White Oak Creek.

So where will the stormwater go? Instead of spreading out, it will be squeezed between the berm and homeowners. That has the potential to cause more flooding.

That giant wall also has the potential to obstruct the floodplain and back water up during a storm, just as the berms around sand mines can.

From Royal Pines Drainage Impact Analysis

The analysis claims the development will have no adverse impact either up- or downstream. However, during a five-year rain in January, the level of White Oak Creek came up much higher than a five-year flood.

What’s on the ground counts for more than what’s on paper.

Another Danger Lurks 36″ Down

But there’s potentially an even bigger danger. A natural gas pipeline is buried next to that silt fence that borders homes along the western edge of the detention pond. Erosion from all that concentrated water rushing over the pipeline could expose it, just as it exposed another pipeline 1.5 miles away.

Erosion exposed a Kinder-Morgan pipeline at the Triple PG Sand Mine. See below.

Exposed Kinder-Morgan gas pipeline at Triple PG Mine

The Texas Attorney General is still suing the owner of the mine over dangerous business practices.

Same Cast of Characters

The man behind the mine, Prabhakar Guniganti, also owns or owned Royal Pines. His name shows up on the general plan, although the Montgomery County tax rolls show a company called TC LB Royal Pines LP now owns the property. It’s not clear if there’s a connection between Guniganti and the Royal Pines Limited Partnership.

The detail below taken from General Plans dated March 18, 2022 shows the Guniganti Family is part owner of the property. But Royal Pines allegedly bought the land from the 1992 Guniganti Credit Shelter Trusts on 12/9/21 – more than three months earlier.

So, will the real owner please stand up?

Master of the Corporate Shell Game

Guniganti has a history of corporate shell games. After the Attorney General sued him, ownership of his mine changed hands so many times that the AG had to add five shell companies to the lawsuit. The AG also added Guniganti as an individual and as a director of the companies/partnerships to the lawsuit. Because of all the delays, the case still has not gone to trial.

This does not inspire confidence. Especially among homeowners who may be flooded, but don’t have the State’s deep pockets.

When I and homeowners talked to Montgomery County Engineering last week, the developer did not yet have a construction permit for the pond. The county said only that if any changes become necessary, they will be at the developer’s expense.

Just a reminder. Section 11.086 of the Texas Water Code states, “No person may divert … the natural flow of surface waters in this state, or permit a diversion to continue, in a manner that damages the property of another…”

Posted by Bob Rehak on 2/25/2023

2006 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.

Triple PG Wastewater Apparently Killing Trees on Neighboring Property

Despite multiple reprimands from the TCEQ and a lawsuit by the Texas Attorney General, the Triple PG mine apparently continues to discharge process wastewater onto neighboring properties. Photos taken on 5/4/22 show those neighboring properties under water despite unusually dry weather and record heat recently. Those same properties were not flooded just days after Tropical Storm Imelda, which dumped more than 25 inches of rain on the area.

However, Triple PG denies allegations of unauthorized discharges.

Location of Isolated Neighboring Properties

Let’s first look at the location of the neighboring properties. Triple PG owns most of the property west of the mine with one notable exception – a strip of 20 properties isolated near the mine’s stockpile. See the map from the Montgomery County Appraisal District below.

Properties in question are inside the red oval. MCAD shows that Guniganti sold the Royal Pines land to TC LB ROYAL PINES LP on 12/9/21.

History of Unauthorized Discharges

Back in March 2020, I observed that the Triple PG sand mine in Porter was discharging process wastewater onto adjoining property that the mine did not own. The Texas Attorney General had already sued Triple PG on behalf of the Texas Commission on Environmental Quality (TCEQ) for previous unauthorized discharges.

I filed a complaint with the TCEQ about the March 2020 discharge. TCEQ immediately sent an investigator to the mine. The investigator documented wastewater on the adjoining property. It was the fourth such alleged incident at the Triple PG mine in 10 months. Outcome? The TCEQ issued yet another “Notice of Enforcement” in April 2020 for the “unauthorized discharge of wastewater.”

But two months later, in May 2020, the wastewater on the adjoining property was higher than in the mine’s settling pond.

Dr. Prabhakar R. Guniganti, who owns the mine, didn’t seem to get the message. And pictures taken two days ago suggest he still doesn’t – despite the threat of a million dollar fine.

Compare Before/After Aerial Images

The image below, taken before discharges into this area started, shows the neighboring properties in question. They are the strip of trees between the foreground and background. Note how the land is not flooded, despite the fact that I took this picture just days after Tropical Storm Imelda, which dumped more than 25 inches of rain on this area. Also note the dense forest canopy.

Looking south toward stockpile in background. Properties in the forested strip do not belong to Guniganti. I took this picture on 9/27/2019, ten days after Imelda.
Reverse shot looking N from over stockpile. Taken in March 2020. Other shots taken in this series show water on neighbors’ property higher than inside the mine.

Now, fast forward two years. Aerial pictures below taken on 5/4/22 show the same property – under water – despite only 4 inches of rain in the last month!

The new images also show most of the once-lush vegetation has died. All trees on the neighboring property adjacent to the mine are dead with the exception of one small copse on higher ground. And the water is blackish.

dead trees on property adjoining Triple PG mine
Dead trees on property adjoining Triple PG mine immediately north of the mine’s stockpile in foreground. 5/4/22.
Looking NE. The dead trees on neighbor’s property adjoin the mine’s wastewater pit. 5/4/22.

Hmmmm. Let’s see. Not flooded days after 25 inches of rain during Imelda. Flooded after 4 inches in the last month. Once healthy trees now dead. How curious! I wonder how that works. Judging from the healthy trees in the background, I’m guessing the mine’s wastewater may have had something to do with their demise.

Status of Legal Case

According to the TCEQ, the Attorney General’s case against the mine is finally moving forward after two years. Legal maneuvering delayed it when Guniganti tried to transfer ownership of the mine in an apparent attempt to shield assets from prosecutors. As a result, the Attorney General wound up bringing Prabhakar R. Guniganti (individually) into the lawsuit, as well as:

  • Guniganti Family Property Holdings, L.L.C.
  • Prabhakar R. Guniganti, as Director of Triple P.G. Sand Development, L.L.C. 
  • Prabhakar R. Guniganti, as sole manager of Guniganti Family Property Holdings, L.L.C.
  • Guniganti Children’s 1999 Trust.

The AG contends that regardless of which legal entity owns the mine, they all lead back to the same man and they all had an obligation to ensure that process wastewater was not discharged into waters of the State.

The AG believes all entities above are liable for unauthorized discharges pursuant to Texas Water Code 26.121(c), which makes it unlawful to “cause, suffer, allow, or permit the discharge of any waste” in violation of the Texas Water Code.

…Into the Drinking Water for 2 Million People

During the next big rain, at least some of this will flush down White Oak Creek, which joins Caney Creek and the East Fork San Jacinto. Then, it will enter Lake Houston a little more than 2 miles downstream.

Close up cropped from image above.This used to be high, dry and covered with green. Compare with first image at top of post.

Lake Houston supplies drinking water for two million people. I’m not sure what’s in this water. But if it kills trees, it can’t be healthy for humans. It also can’t be healthy for neighboring property values.

Posted by Bob Rehak on 6/7/2021

1743 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.

Triple PG Sand Mine Case Finally Starting Discovery

Discovery will soon begin in the Texas Attorney General’s case against the Triple PG sand mine in Porter. The AG is suing the mine on behalf of the Texas Commission on Environmental Quality (TCEQ). TCEQ investigations documented repeated breaches of the mine’s dikes over a period of several years prior to filing the lawsuit. The breaches allegedly resulted in the release of hundreds of millions of gallons of industrial waste into the headwaters of Lake Houston, the source of drinking water for 2 million people.

Triple PG Mine
Triple P.G. Mine in Porter. Photographed on 6/16/2020. Bright colors likely due to high chloride content or Cyanobacteria which may contain cyanotoxins. Cyanotoxins are among the most potent toxins found in nature according to the CDC.

Brief History of Case

Over the years, I’ve written more than 50 posts featuring the Triple PG sand mine in Porter. The mine first came to my attention on May 18, 2019. I was giving Tony Buzbee, then a candidate for Mayor of Houston, a tour of sediment buildups in the San Jacinto watershed. As we turned a corner on Caney Creek, we came to a giant breach in the dike of the Triple PG mine. 

Triple PG Breach
Triple PG Breach to Caney Creek photographed in May of 2019.

I immediately reported the breach to the Texas Commission on Environmental Quality (TCEQ). TCEQ manages water quality in the State. And Triple PG was directly discharging industrial wastewater into the creek.

TCEQ investigated and found not one, but TWO breaches. The second was on White Oak Creek (far side of the mine in photo above). The TCEQ investigation resulted in a notice of enforcement on July 12, 2019.

Later, close examination on my own part revealed even more breaches in hard to reach places that could only be seen from a helicopter.

In September 2019, I photographed the breaches still open. And on October 1, I noted a mouth bar rapidly developing on the East Fork.

On October 11, 2019, the Attorney General of Texas sued the Triple PG mine on behalf of the TCEQ. The charges alleged violations of Chapter 26 of the Texas Water Code and related TCEQ rules pertaining to the discharge of industrial waste and process wastewater.

The mine continued to operate under an injunction. One stipulation: that the mine build “engineered” dikes that prevented future discharges. But in early November 2019, boater Josh Alberson, photographed a flimsy dike built out of sand across the Caney Creek breach. 

On November 1, 2019, Triple PG denied all claims by the Texas Attorney General in the State’s lawsuit.

In March 2020, TCEQ reported another unauthorized discharge of process wastewater. Suspended solids in the discharge were up to 676% higher than levels in unpolluted water measured upstream.

The mine continued to operate under a temporary injunction until the case was supposed to have gone to trial on June 22 that year. But the case did NOT go to trial then. Covid and legal maneurvering delayed it. 

Legal Maneuvering

Mere days after the Texas Attorney General (AG) filed a lawsuit against Triple P.G. Sand Development, the mine’s owner transferred ownership of the mine. Even though the transfer was recorded in October 2019, the attorney general says the papers were dated in the prior January — before the unauthorized discharges that triggered the lawsuit. 

This appeared to be an attempt to shield assets from liability. Subsequently, the AG filed an amended petition on June 17, 2020, adding five defendants:

  • Guniganti Family Property Holdings, L.L.C.
  • Prabhakar R. Guniganti, individually 
  • Prabhakar R. Guniganti, as Director of Triple P.G. Sand Development, L.L.C. 
  • Prabhakar R. Guniganti, as sole manager of Guniganti Family Property Holdings, L.L.C.
  • Guniganti Children’s 1999 Trust.

The next week, on June 24, 2020, the defendant’s counsel withdrew from the case.

On July 8, 2020, the judge granted a motion to substitute counsel. Then, everything ground to a halt. During Covid, judges reportedly granted any request for a delay. And nothing happened for almost 2 years! 

The next entry in the Travis County Court records was in April 2022. It was a conference among the lawyers and judge designed to jumpstart the case.

Next Up: Subpoenas and Depositions

Susan Jablonski, head of TCEQ’s Enforcement Division, says she’s looking forward to deposing defendants. TCEQ has met with the AG on a monthly basis. Right now, they are preparing subpoenas for four depositions. 

Meanwhile, Guniganti is selling off land. His name appears on plans for Royal Pines, a new residential development now clearing land west of his mine.

But with Guniganti listed in the case as an individual, it could be harder for him to shield assets.

The Attorney General seeks $1.1 million in damages plus $25,000 per day for every day that the dikes remained open. By my estimates the dikes remained open approximately 5 months. That could add up to millions more.

It’s good to see movement on this case.

Class Action Suit Also Pending

Triple PG is also a defendant in a class action lawsuit against dozens of sand mines in the San Jacinto watershed by approximately 1000 plaintiffs. In that case, the trial court refused the defendants’ motion to dismiss. The defendants then appealed. But the appellate court found no reversible error, affirmed the trial court’s order and ordered the sand mines involved to pay all costs of the appeal. That happened on May 10, 2022. The trial is already moving forward.

That case also involves sedimentation. Plaintiffs allege that defendants’ business practices caused sediment to be released from mines during Harvey. Further, they allege that that sediment reduced the conveyance of the San Jacinto and the storage capacity of Lake Houston, contributing to the flooding of their homes.

Posted by Bob Rehak on 5/27/22

1732 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.

Royal Pines Goes Pineless

About a month after it began, the developers of Royal Pines have cleared a swath of trees about 1,000 feet wide and a half mile long.

Photos Taken 5/15/22

Looking NNE from southern end of Royal Pines. West Lake Houston Parkway on right. Photo 5/15/22.
Looking E from northern end of Royal Pines toward Triple PG Sand Mine. The trees between the foreground and mine will also be cleared. Photo 5/15/22.
Looking S. West Lake Houston Parkway in upper left. The large cleared area in the top right is Woodridge Village which flooded hundreds of homes in Elm Grove and North Kingwood Forest after it was clearcut and before the developer installed detention basins. Photo 5/15/22.

Clearing Started Before Permits Issued

Interesting that the clearing began before the permit was issued. See this post dated 4/24/22.
TCEQ Permit information. Clearing should be complete for the peak of hurricane season in September..

Plans Show 80+ Homes in Pre-Atlas 14 Floodplain

The following links will show you the general plan and layouts for the first three sections:

Note the dotted lines that snake their way through the top of the development. Those represent the 100- and 500-year floodplains.

Notice how a large part of the development is in “Zone X (Shaded).” That’s the area between the limits of the base flood (100-year or 1% annual chance) and the 0.2-percent-annual-chance (or 500-year) flood. I counted more than 80 homes in that zone. I also see six inside the 100-year zone.

Keep in mind that these flood zones are based on pre-Atlas 14 estimates. FEMA shows this area was last mapped in 2014. When FEMA approves new flood maps in the next few years, those zones will expand to take in more of the subdivision.

The subdivision at buildout will comprise more than the three sections. Houston Business Journal said Royal Pines will ultimately feature between 350 and 450 homes targeted at first-time home buyers.

Posted by Bob Rehak on 5/15/2022

1720 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.

Digest: Updates on Six Lake Houston Area Flood-Related Stories

Below is a quick digest of six flood-related stories affecting the Lake Houston Area.

Dredging is a Slow Go

Mechanical dredgers are slowly working their way through the channel south of Royal Shores. It connects the East and West Forks of the San Jacinto. Without dredging, the dredging equipment itself would not be able to make it through the channel.

However, the pace of the dredging is painfully slow. You can see the progress by comparing the two pictures below. I took them 22 days apart.

Taken on July 11, 2021
Taken on August 2, 2021.
Google Earth shows they went a little more than 600 feet in a little more than three weeks.

At about 200 feet per week with about 2,000 more feet to go, they should reach the East Fork in about another ten weeks.

Several boaters have commented on how the dredges can wait hours for a pontoon to ferry dirt back to the placement site. Their net takeaway: very inefficient. During a July 8 meeting at the Kingwood Community Center, Stephen Costello called this method of dredging “unsustainable.” He’s sooooo right. We will run out of luck long before we run out of places to dredge.

Mechanical dredging (shown in the photos above) is far slower and less efficient than hydraulic. Great Lakes hydraulic dredges removed 500,000 cubic yards of sediment from the mouth bar area in just two months – July and August of 2019. DRC’s mechanical dredges removed another 600,000+ cubic yards in the 19 months between January 2020 and July 2021.

Interestingly, Google Earth shows that when the dredgers reach the East Fork, they will be closer to the Triple PG Sand Mine in Porter than the current placement area south of River Grove Park. The Triple PG mine will also be less than half the distance of a mine that the Army Corps previously pumped spoils to from the mouth bar– the Eagle Sorters Mine on the West Fork.

Hmmmm. Triple PG. A placement area for East Fork spoils? A return to hydraulic dredging? Interesting thoughts.

Seasonal Lowering of Lake Conroe

Seasonal lowering of Lake Conroe has started as planned. SJRA is releasing 75 cubic feet per second, according to their dashboard.

Seasonal release is shown as a City of Houston (COH) Diversion.

When the lowering started on August 2, a day late, the lake was at 200.87. So releasing 75 CFS has brought the lake down .19 feet, a little more than 2 inches. Barring large rainfalls, this rate should reach the objective of 200 feet by September 1.

The Lake Conroe Association is still fighting the lowering in Montgomery County District Court. Judge Mike Mays set a hearing date for Tuesday, August 24, 2021 at 2PM.

Tropics Heating Up

Five Day Tropical Weather Outlook from National Hurricane Center

The National Hurricane Center shows two areas of concern in the Atlantic as of 2PM, Friday August 6th.

A few hundred miles south of the Cabo Verde Islands, a tropical wave (orange area) and a broad area of low pressure could turn into a tropical depression by late this weekend or early next week. Formation chance through 5 days…medium…60 percent.

Another tropical wave approaching the Lesser Antilles is a lower threat. NHC predicts development, if any, of this system will be slow and occur early next week. Formation chance through 5 days…low…20 percent.

NOAA Issues Mid-Season Hurricane Outlook

Another forecast released two days ago by NOAA says that atmospheric conditions are still conducive for an above-average hurricane season. See their predictions in the right hand column below. These numbers include the five named storms so far this season.

Attorney General Lawsuit Against Triple PG Mine Still Active

Craig Pritzlaff of the TCEQ assures me that despite visible lack of progress in the Attorney General’s lawsuit against the Triple PG mine for illegal discharges, the AG has not dropped the case. “Indeed, very few, if any, cases referred to the AG for civil prosecution are ever dropped,” he says. “Litigation, particularly environmental litigation, is a complicated and lengthy process. That process was further complicated by the COVID-19 pandemic, which halted court dockets across the State throughout 2020 and into 2021.”

Condos 250 Feet from 250,000 CFS

A Chinese developer is building yet more condos even closer to the West Fork in the Kings Harbor neighborhood.

See new construction bottom center. Lai finished the units at the right earlier this year.
The nearest unit above will be about 250 feet from the San Jacinto West Fork.

During Harvey, more than 250,000 cubic feet per second came through this area. It flooded homes and businesses more than 10,000 feet from the river.

The developer is also hoping to sell/develop that grassy area in the bottom center of the photo for $1.45 million.

I guess money has a short memory.

That concludes this month’s digest.

Posted by Bob Rehak on 8/6/2021

1438 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.