The EPA has suspended normal enforcement of air and water pollution rules during the corona virus epidemic. Critics fear it could cause more deaths. They also fear that rules forced through during the emergency could hamper future pollution control efforts. Specifically, a new, broadened rule would limit use of research based on confidential health information in regulatory decisions.
Full Text of EPA Memo
This 7-page memo from the EPA outlines the new policy. It says, the EPA will “generally not seek stipulated or other penalties for noncompliance…” The thrust of the memo: EPA is counting on industry to self-report violations. If violations relate to worker shortages due to the virus, EPA will not seek penalties. EPA will also give offenders time to remedy the situation.
Reaction from Interceptor
Sharon Lerner writes in The Interceptor that “EPA IS JAMMING THROUGH ROLLBACKS THAT COULD INCREASE CORONAVIRUS DEATHS.” The article cites the case of a Pasadena refinery exceeding benzene emission limits. It also cites problems in St. Johns, Louisiana. St. John reportedly has the highest cancer risk from air pollutants in the country. Area residents are routinely exposed to dozens of air pollutants, including the carcinogen chloroprene.
Residents worry that their weakened immune response from the chemicals will make them even more susceptible to the virus.
Review by New York Times
Lisa Friedman writes in The New York Times that “E.P.A., Citing Coronavirus, Drastically Relaxes Rules for Polluters.” The EPA, says the article, will focus during the outbreak “on situations that may create an acute risk or imminent threat to public health or the environment” and said it would exercise “discretion” in enforcing other environmental rules. In other words, they will focus primarily on the worst cases.
Ms. Friedman interviewed former EPA administrators. Gina McCarthy, who led the E.P.A. under the Obama administration and now serves as president of the Natural Resources Defense Council, called it “an open license to pollute.” Cynthia Giles, who headed the E.P.A. enforcement division during the Obama administration, said: “This is essentially a nationwide waiver of environmental rules. It is so far beyond any reasonable response. I am just stunned.”
A current spokesperson for the EPA, Andrea Woods, disagreed. “For situations outside of routine monitoring and reporting,” she said, “the agency has reserved its authorities and will take the pandemic into account on a case-by-case basis.”
Protest by 21 Environmental and Watchdog Groups
Meanwhile, Rebecca Beitsch reports in The Hill that “Coalition petitions EPA for disclosure as agency OKs suspension of environmental monitoring.” She says, “Environmental groups have characterized the memo as a license to pollute, as companies will not have to submit regular reports to the EPA showing they are not violating environmental laws.” She cites a petition spearheaded by the Natural Resources Defense Council which was signed by 21 environmental and watchdog groups. “We fully appreciate the disruption and harm caused by the COVID‐19 pandemic. But EPA’s unprecedented non‐enforcement policy creates a clear opportunity for abuse,” states the petition.
LA Times Reports on Reaction by California Officials
The Los Angeles Times reports in an article by Susanne Rust, Louis Sahagun and Rosanna Xia. “Citing coronavirus, EPA suspends enforcement of environmental laws.” The LA Times article focuses on the response of California officials. “The severity of the COVID-19 crisis should not be used as an excuse by the EPA to relax enforcement of federal environmental laws designed to protect public health and safety,” said Serge Dedina, mayor of Imperial Beach. His city, on the Mexican border, is under constant siege from pollution. “This crisis has only underscored why protecting public health and safety and our environment is more critical than ever.”
Is EPA Using Crisis as Cover to Make Concessions to Polluters?
Vox in an article by By Zeeshan Aleem claimed that “The EPA appears to be using coronavirus to make huge concessions to polluters.” It says the rule will remain in place indefinitely. And it gives factories, power plants, and other major polluters tremendous discretion. Now they can decide whether or not the coronavirus will prevent them from meeting legal requirements on air and water pollution and hazardous waste management. “Many experts and environmental advocates say that while case-by-case relaxation of rules for companies that are short-staffed due to the pandemic makes sense, the expansiveness of the EPA’s directive appears both unprecedented and designed to give a green light to polluters to act recklessly at a time when air quality is acutely important for public health.”
The list goes on. A google search returned 11,800,000 results.
Will TCEQ Follow EPA Lead?
To say this is controversial would be an understatement.
At the very time when people’s lives and health are threatened by the virus, the EPA is dialing back enforcement of pollution rules that protect their lives and health.
At best, you could characterize the reaction to the new rule as “practical” given new constrictions we all operate under.
Triple P.G. Sand Development LLC appears to have violated provisions of an injunction by dredging before its trail and flooding neighboring properties with industrial waste water.
In part, the injunction stipulated that the defendant shall:
Not conduct any dredging operations at the Facility.
Not engage in any operations at its Facility that discharge process wastewater, nor shall Defendant engage in any operations at the Facility that produce process wastewater that must be discharged off Defendant’s property without express prior approval from TCEQ.
Immediately and permanently cease and prevent all discharges of any Industrial Waste and/or Process Wastewater from the Facility into or adjacent to waters in the state.
Not allow any discharge of water that is in or has ever been in the Facility’s Dredge Ponds without the express prior approval of TCEQ.
Aerial Photos Show Potential Violations
The aerial photos below show that within eight days of agreeing to the injunction, the mine started pumping process wastewater OVER BERMS into a pit that then overflowed onto the property of adjoining landowners and lands adjacent to White Oak Creek.
Before showing you the photos, let me show you a satellite image that helps illustrate the relationship between the different elements of this report.
Overview of mine, area drainage and adjoining properties in Montgomery County. Note the location of the mine’s stockpile in the satellite photo above for orientation when viewing the photos below. Brownish creek to right of mine is Caney Creek. Blue line shows approximate path of White Oak Creek through forest. Red oval shows adjoining properties in area of interest. Solid red line shows ditch around perimeter of mine. Green lines show approximate locations of breaches in Attorney General’s lawsuit.
Water pumped out of the mine’s wastewater pond is now flooding neighboring properties within the red oval that he does not own. The mine also dug a ditch around the perimeter of its property (solid red line) through dense forest that channels the process wastewater toward White Oak Creek (solid blue line) and the wetlands along it. It’s not clear, though, whether the wastewater has actually entered the creek yet; the forest canopy limits visibility. Regardless, the injunction says they can’t discharge waste adjacent to waters of the state.
No Flooding That Lasted Months of Adjoining Properties Until Injunction
None of the historical satellite images in Google Earth dating back to 1989 show flooding in the red oval. Some of the properties in the red oval lie in the 100-year flood plain. However, there has been no widespread flooding in this area since Imelda on September 19, 2019.
Nor has there been prolonged flooding as far as I can determine. Photos taken of this exact location on 9/27/2019, ten days after Imelda, show no flooding of the adjacent properties. Likewise, the property was not flooded on 9/14/2017, two weeks after Harvey. I can find no evidence that this area has ever flooded for months before.
Looking south toward stockpile in background. Properties in the forested strip do not belong to Guniganti. On 9/27/2019, ten days after Imelda, they showed no flooding.
For months, I’ve been watching waste water build higher and higher in the area above until it overflowed the pit and invaded neighboring properties. That made me curious and prompted a review of thousands of aerial photos. Here’s what I found.
Photos Taken In November Before Injunction Show Neighboring Land Still Not Flooded
The neighboring properties were NOT flooded on November 4, 2019 (before the injunction). Notice the level of water in the foreground pit – higher than after Imelda, but still waaaay short of overflowing.
Think of the November 4th photo below as the “before” shot. Compare it with other photos below taken from December through March 2020.
Properties in the red oval are between the pit in the foreground and stockpile in background. Note level of water in pit.Photo taken November 4, 2019, looking south.The mine’s process waste water enters the pit immediately to the left of the trees.
After Injunction, Mine Starts PUMPING Waste Water OVER Dike
Eight days AFTER the injunction, on December 3, 2019, I flew over the mine again. I noticed that the mine was pumping water out of its main waste water pond and into the pit in the photo above. But the pit had not yet overflowed. Here’s how the pumping looked. (Note: You can even see the pumping from outer space if you zoom in on this area within Google Earth and look at the Dec. 1 satellite image.)
Close up of pump taken on 12/3/2019. The pumping operation can also be seen in Google Earth satellite photo dated 12/1/19.
On January 20, Pumping Continues From Different Location
I flew over the mine again on January 20, 2020; the pumping from and into the same pits continued – but from a different location.
Looking West. Notice the line running from the arc in the wastewater pond (diagonally from center to lower right).Looking south. The same line dumps water into the trench (bottom left). The trench then carries the water south (toward the top of the frame) to fill the pond next to the stockpile and flood adjoining properties with waste water.Looking SE. Here’s what it looked like closer up. Notice the waste water extending into the tree line and ending at the stockpile (upper right). The same pond that had plenty of excess capacity in September and November was now overflowing.Looking south. This wider shot shows the flooding wastewater curled around the stockpile and headed south into the woods where White Oak Creek flows toward the mine.Looking SE. Close up of the waste water turning the corner around the stockpile.
From where you lose visibility of the ditch under the forest canopy to White Oak Creek is about 80 yards according to Google Earth.
Floodwaters Even Higher on February 13
On my February 13, 2020, overflight, I captured the following images. They show the floodwater had risen even higher and backed up farther.
Looking SW. On February 13th, the flooding wastewater appeared even higher.Looking SE.It still curled down the ditch on the west (right) side of the mine and flowed into the woodstoward White Oak Creek
Water backed up so far, it even flowed into the utility corridor at the north end of the mine.
Looking East.Water in utility corridor at north end of mineon February 13, 2020
In March, Possible Dredging Observed, Still Flooding Neighboring Properties
In March, one of the first things I noticed was the dredge. The cutterhead, which had been elevated for months, was now DOWN. That usually indicates the dredge is working. And that’s something the injunction prohibited.
Dredge with its cutter head down usually means active dredging.
The pond next to the waste water pit overflowed onto neighboring properties even more. It came right up to the road. Note the huge difference between the levels of the two ponds below.
Note how high the water level is in the pond at the top of the frame compared to the waste pit at the bottom. Looking SW. Floodwaters stretch into adjoining properties. Stockpile is behind trees in upper left.Looking SE. Floodwater still fills the ditch running south along west side of stockpile.Looking NW at wastewater flooding adjoining properties.Stockpile is in lower left.Looking SE. Adjoining properties are in tree strip in front of stockpile. Notice waste water among the trees.Looking north from over stockpile toward vast areaflooded with waste water.Looking west. Even more of utility corridor is flooded in March.
Water In, Water Out
Miners use water to clean silt out of the sand before shipment. Note the damp sand coming off the conveyor belts.Looking south. A river of waste water is seen leaving the processing equipment on March 6, 2020.Looking NW. The silt-laden waste water even forms a delta in the waste pit. Flooded properties are on the other side of the road that cuts diagonally through the frame from middle left to upper right.
So water is leaving the processing equipment and going into the waste pit. It has to come in from somewhere. But where? As you can see from the photos below, the supply lines for the processing equipment come from the dredge pond.
Looking west. Water goes into the processing equipment from the dredge pond.Looking North. Wide shot showing dredge with cutterhead down and discharge pipe leading back to shore.
In the shot above, you can see that the lowest pond in the whole operation is the pond receiving ALL the waste water. Why is that?
The Big Questions and Some Possible Answers
So it appears that the mine is pumping water out of the dredge pit, into the waste pit, and finally into the surrounding forest. The big questions are these.
Why is the mine keeping the level of the water in the waste pit so low?
Why is the mine flooding the surrounding forest and neighboring properties with industrial waste water?
Is the waste water polluting White Oak Creek?
To hypothesize some answers to those questions, let’s look at two pictures: the first from February and the second from March.
Looking south. February 20, 2020. Miners have been removing sand from area with all the tracks in the center and the big pond at the lower left.
From this one photo, we can see that to avoid dredging (per the injunction), the miners have started surface mining. But the level of mining is getting down to a) the water table, and b) the level of the waste pit.
Looking NW. March 6, 2020. Three weeks later, mining is now BELOW level of water in the waste pit.
Note the differing levels of water in the forest (top) and waste pit (middle). Also note that the level of the surface mining has now gone far below the level of sediment in the waste pond.
From this photo (and others in the series) we can conjecture what happened. Please note: I have no proof of this. It is only conjecture.
Theory for the Discharge
I suspect that the mine realized that if it were to continue filling orders while it waited for trial on June 22, 2020, it would need to start surface mining AND mine below the level of water in the waste pit. So, I’m guessing they started lowering the level of the pond to keep mining as long as possible.
I’m also guessing that the terms of the injunction and heightened scrutiny by the TCEQ meant they could no longer make excuses about discharging water into the creek. So they discharged into the forest instead…most of which Guniganti owns except for that strip north of the stockpile. If the discharge drained into White Oak Creek deep in the forest, at least it wouldn’t be visible.
Is Discharge Reaching White Oak Creek?
Is the waste-water pollution reaching White Oak Creek? Because of the dense forest canopy, that’s impossible to determine from the air. One could only tell from the ground. And because Guniganti owns all the land around the mine (except for the properties in the red circle), the only way to determine that would be by trespassing. That makes it impossible for ordinary citizens to spot any illegal discharge, such as Tony Buzbee did when he was running for Mayor of Houston. Fortunately, the TCEQ has the right to inspect the property from the ground if it suspects a violation of the restraining order. And they are investigating this.
Summary of Potential Violations
This whole affair once again raises questions about whether sand mines should be permitted in floodways. This mine actually sits at the confluence of TWO. Which is part of the reason why it was sued by the attorney general in the first place. Both Caney and White Oak Creeks captured the pit last year and the TCEQ estimates millions of gallons of process waste water were discharged without a permit into the headwaters of Lake Houston.
Meanwhile, Triple PG appears to be discharging again without the benefit of storms to blame the behavior on. They also appear to be violating terms of their injunction by:
Dredging
Discharging process wastewater
Producing process wastewater that had to be discharged off their property.
Discharging water that had been in the Facility’s Dredge Ponds.
Discharging Industrial Waste and/or Process Wastewater adjacent to waters of the state (White Oak Creek)
I have contacted the TCEQ twice already about whether they permitted any of these activities. They have not responded yet, citing the ongoing investigation. However, I must believe that had they permitted the activities, they would not be investigating and would have replied immediately. They visited the site yesterday.
Posted by Bob Rehak on March 13, 2020
927 Days after Hurricane Harvey and 176 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_0052.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-03-13 20:13:412020-03-14 10:49:56Triple PG Mine Appears to Violate Injunction
After 2.5 years of examining photos and videos of the so-called “dikes” in sand mines, I have come to believe that some are designed to fail. In some cases, mines cause them to fail.
In most cases, the “dikes” are not really dikes. They’re just the edges of pits that miners have excavated. Or roads around the pits made of sand that easily erode.
And because miners mine so close to the river, when those pits fill with water, they overflow. The resulting erosion cuts channels between the pit and the river that allow the pits to discharge a portion of their wastewater. Lake Houston and public drinking water become collateral damage.
High Cost of Flimsy Construction
After the storm, miners throw some sand in the breach and wait for it to happen again. The sand creates only the appearance of a fix.
Month after month, I’ve photographed active breaches, “patched” breaches, and scars in the landscape from older breaches. Many reopen multiple times.
Breaches are so common that, in my opinion, they may be part of some miners’ business plans.
High Cost of Silt
If discharges consisted of plain water, I might not care. But the water usually carries silt with it. Miner’s settling ponds can fill with silt which has little marketable value. Flushing it downriver solves another problem.
Miners externalize their cleanup costs by foisting them off on an unsuspecting public. That sediment clogs rivers that must be dredged to avoid flooding. It reduces the capacity of the lake. And it escalates the City’s water treatment costs.
A retired high-level Public Works manager told me he routinely investigated and found breaches at sand mines during floods. In his opinion, many of the breaches were intentional and the floods created the perfect “cover” for the illegal discharges. “Blame it on Mother Nature,” he said.
West Fork Images from February Flyover
Below, a sampling of more than 1000 images I took on 2/13/2020. The first batch shows mines on the San Jacinto West Fork between SH242 and US59. I traveled NW to SE toward 59. I’ve arranged images in the same order.
Sand mine pond and water’s path to the river (right).Pond is full to the brim and will overflow on a minor rain.
Another angle looking north toward the same breach.
West Fork is migrating toward pit on right and will soon enter it. A powerful argument for reasonable setbacks from river.
Another pond at the same mine. The only thing holding back another illegal discharge is a feeble road made of sand. See close up in next pic of area near poll just left of center.
Close up of road in upper left of previous photo. Note how water seeping through it is already causing road to collapse.
Silt spreading into settling pond. See also reverse shot below.
Reverse angle from previous shot, but same pond. See West Fork in background and note how road in foreground was cut by spreading silt.
Site of previous double breach at RGI mine. Note gray area in second row of dikes. Process water from the pond behind it broke into the settling pond in the foreground and from there into the West Fork. TCEQ cited owners.
Two separate ponds may have shared this same “wash” to the river (foreground). Pond in middle right is actively discharging into river. See reverse angle in next shot.
Same discharge as in previous shot. From this angle it is easier to see the active discharge.
Same breach from third angle. From this angle, you can clearly see the path and the discharge.
This pond has been discharging into the river for months. Note the difference in the color of the river water and discharge water. This indicates the discharge water is still holding silt.
Reverse shot of same breach highlights both the path and the color difference of the discharge.
This pond is leaking into a drainage channel that parallels Northpark Drive south of Oakhurst.
Former breach at Eagle mine on Sorters Road. West Fork in foreground.
Scars from previous breaches. One of these was intentional, though I’m not sure which. See video below.
Video by resident who wishes to remain anonymous shows intentional breach at the mine above.
Another scar from previous breach.
Confluence of Spring Creek (left) and West Fork San Jacinto (right).Facing west.Note color difference in water. It’s frequently visible.
Same area looking southeast toward Humble.West Fork on left.
Same area looking NE toward Kingwood.West Fork comes in from left.Between the 59 bridge in the previous shot and this area, the Army Corps spent more than $90 million removing sediment from the West Fork. The City, County and State could spend another $35 million removing this blockage.
Wider shot shows just how much forest was blown out in this breach, leading one to wonder whether this was caused solely by nature.Another former breach into Caney Creek from the Triple PG mine. Only this eroding road stands between the mine and the creek.
Also at the Triple PG mine in Porter, this breach into White Oak Creek remained open for months. It, too, was the subject the Attorney General’s lawsuit. A restraining order against the mine calls for repairs to be certified by a professional engineer. This looks as though they may have tried to add concrete to the sand and stabilize it with rebar. However, note that the concrete, if that’s what it is, doesn’t rise much above the water. The road is made from eroding sand that will blow out in the next storm.
Reverse shot of same breach looking west. No concrete or rebar visible here – only rilling along steep sides of road. Rilling is the term for those vertical erosion channels.
Posted by Bob Rehak on 2/24/2020
909 Days since Hurricane Harvey and 158 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/20200213-RJR_7753.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-02-24 15:22:182020-02-24 15:29:12Are Sand Mine Dikes Designed to Fail?
In the last month, workers made progress on pipeline bed repairs to two area sand mines. But repairs at one sand mine look substantial. At another, they look superficial. Triple PG in Porter is still edging into the danger zone.
Exposed by Erosion When Mining Came Too Close
In December and January, I posted about pipelines exposed when sand miners mined too close to them. Floodwaters then swept through the mines and undercut the pipelines, creating safety hazards.
Pipelines exposed by erosion at Liberty Materials Mine in Conroe. Photo taken January 20, 2020.
Several HVL (highly volatile liquid) pipelines (above) and one natural gas pipeline (below) were affected at mines in Conroe and Porter.
Exposed natural gas pipeline at Triple PG mine near Caney Creek in Porter. Photo taken December 3, 2019.
Here’s where things stand on repairs at both mines as of last week..
Triple PG Mine in Porter: Another Big Cover Up
The Triple PG Mine in Porter has covered up the exposed natural gas pipeline with sand. As of 2/13/2020, Triple PG had made no other visible attempts to stabilize the area, which is subject to repeated erosion. Harvey first exposed the pipeline, which Triple PG subsequently covered. Then Imelda re-exposed it. And Triple PG re-covered it.
Fresh sand covers exposed natural gas pipeline. Will it be washed away a third time in the next big storm?
Readers may remember that after Harvey, Kinder Morgan tunneled 75 feet under the mine and spliced in a replacement for the section that had been exposed. They then filled the cutoff section with inert gas. So the exposed section was not active.
Still, without further stabilization, the pipeline will likely be exposed again and again by future storms.
Triple PG still has made no attempt to stabilize erosion creeping toward the HVL pipelines that cross the mine in a utility corridor. The same erosion that exposed the natural gas pipeline will threaten those in future storms.
Five pipelines carry highly volatile liquids through this utility corridor. Triple PG mines sand from either side of them. During floods, Caney Creek runs through this mine creating the erosion you see here.
Liberty Materials Mine in Conroe: Fix Nearing Completion
At a Liberty Materials Mine in Conroe, a much more substantial fix is underway by the pipelines. The mine spanned both sides of the utility corridor. Water from one side, trying to get to the river on the other, washed under several HVL pipelines, exposing them.
Repairs began in January and were well under way in February. Crews first expanded the washed out area under the pipelines. Then they placed two giant culverts under the pipelines to allow water to move from one side to the other. They also cemented the culverts in place and drove vertical steel reinforcements in the ground to prevent re-exposure of the pipelines.
Two giant culverts will now carry water under the pipelines. Shown above: the outfall.Steel reinforcements rise above the level of the pipelines to help retard erosion.Photo taken 2/13/2020.Rip rap and other reinforcements will also help retard erosion.Inlets for the culverts. Photo taken 2/13/2020.Looking west toward The Woodlands. San Jacinto West Fork is at far end of sand mine. Note all the sand and sediment that has washed under this area to the far side of the steel reinforcements.
As of 2/13/2020, crews were filling dirt in under, around and over the pipelines.
The repairs here appear much more substantial than in the Triple PG mine. I just hope the volume of sand washing from one section of the mine to the other does not clog the culverts. The steel reinforcements will protect the pipelines in this location, but water has a habit of flowing around obstacles.
Posted by Bob Rehak on 2/23/2020
908 Days after Hurricane Harvey 157 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/02/20200213-RJR_7697.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-02-23 10:43:352020-02-23 10:57:20Progress on Pipeline Repairs at Sand Mines
Erosion exposed five pipelines carrying highly volatile liquids through the Liberty Materials mine in Conroe. Photo from December 3, 2019.
Repairs Now Underway
Several local engineers who saw the problem leaped into action and immediately reported the issue to the Texas Commission on Environmental Quality and the Texas Railroad Commission. Four of the five pipelines were interstate and therefore regulated by the Pipeline and Hazardous Materials Safety Administration. TRRC forwarded the complaints to them.
When I flew over the same mine on January 20, 2020, workers were busy shoring up the pipelines to protect the public.
Pictures from January 20, 2020, Flyover
From the materials stockpiled on the site, it appears that large drain pipes under the HVL pipelines will be part of the fix. These drain pipes appear to be as tall as the pickup truck parked next to them.
Looking south, you can see drain pipes and riprap stockpiled on the left. Looking south again. Workers appear to be creating an even deeper trench under the pipelines and pumping out groundwater.Reverse angle, looking north. Water drains down from the northern portion on the mine through wetlands, under the pipelines, and then into the main southern part of the mine.From there, it makes its way to the San Jacinto River, out of frame behind the camera position.Looking southwest. You can see wetlands draining from the northern portion of the site to the problem area in the upper left.Looking north, you can see the scale of the drain pipes relative to the vehicles parked next to them.The pipelines look less bowed than in the first shot from last December. However, there is still a pronounced dip between the left and right sides of at least two pipelines in the photo.
Situation at Triple PG Mine in Porter
These same pipelines run through the Triple PG mine in Porter to the southwest. See the utility corridor under the electric lines in the photo below. I reported on them in December also. The pipelines have not yet been exposed at this point, but no effort has been made to stop the erosion before it creates another safety issue.
Looking NW. The same pipelines cut through the Triple PG mine in Porter. Erosion from Harvey and Imelda has eaten away the ground on either side of the pipelines. They could be exposed in the next large storm.Photo taken 1/20/2020.
During Harvey and Imelda, Caney Creek rerouted itself through this mine in a process called pit or river capture. Floodwater eroded a new path from the top of the photo above to the bottom. The pipelines have not yet been exposed, but easily could be by the next large storm. The inverted v-shaped cut you see in the photo above grew by almost 1000 feet since 2017.
This reverse angle shot shows the proximity of erosion from the north to the utility corridor with the 5 HVL pipelines. The pond at the right now actually touches the utility easement.This satellite image in Google Earth also shows erosion at the edge the utility/pipeline corridor.The streaks of sand across the corridor show the direction of water flow during Imelda.
Because of the Triple PG Mine’s proximity to the source of drinking water for 2 million people, this erosion probably represents an even greater threat than erosion at the Liberty Mine in Conroe. Caney Creek flows through this mine during floods. And Caney Creek empties directly into the East Fork and Lake Houston.
This pipeline used to carry natural gas for Kinder Morgan. Triple PG mined too close to it also. Then erosion during Harvey and Imelda exposed it – twice. KM abandoned this line and filled it with inert gas. They then drilled a new line 75 feet under the mine.But this exposed pipeline stands as a mute reminder to the safety hazard.
It all comes down to sand vs. safety. It’s their sand. Your safety.
Posted by Bob Rehak on 1/27/2020
881 Days since Hurricane Harvey and 130 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/20200120-RJR_6558.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-01-27 16:06:302020-01-27 17:00:23Pipeline Bed Repairs Now Underway at Liberty Mine; At Triple PG Mine, No Progress
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/Clear-Water.jpg?fit=1200%2C900&ssl=19001200adminadmin2019-12-21 15:53:042019-12-22 07:49:16East Fork Water Shockingly Clear with Mines Closed
The expansion of sand mines into easements occupied by pipelines puts both the public and the pipelines at risk – not to mention sand mine employees. In the last week, we have seen two areas where erosion triggered by sand mining undercut and exposed pipelines. Here’s an update on how the industry and regulators have responded.
Pipelines in general are the safest form of transportation known to humankind, even though they often carry highly flammable gases or liquids. However, undercutting and exposing them increases the risk of explosions, leaks and fires. It felt comforting, therefore, to see that the pipelines were aware of the problems and working to address them.
Exposed and Threatened Lines at Triple PG Mine In Porter
This satellite image shows the relative locations of the gas and HVL pipelines that cross the Triple PG property. It also shows the progression of erosion after Harvey but before Imelda. See post-Imelda erosion below.
Exposed Pipeline Now Replaced by One Buried 75-Feet Deep
Hurricane Harvey first exposed the natural gas pipeline in question shortly after Triple PG started mining right next to it. Water flowed through the mine from Peach and Caney Creeks (top to bottom above) during Harvey. It created severe erosion that left the pipeline hanging in several places. See below.
Exposed by erosion during Harvey and Imelda, this pipeline at the Triple PG sand pit in Porter is now “abandoned.”
After Harvey, the company immediately stopped the flow of gas through that pipeline and spliced in a new 2,000 foot section. It now runs 75-feet beneath Caney Creek and the erosion. Kinder Morgan filled the old section with inert gas and covered it up. However, Tropical Storm Imelda uncovered it again. But the pipe above has technically been abandoned. It no longer poses any danger to the public.
Kinder Morgan has not re-buried the pipeline because the Triple PG owners have not repaired the road to the pipeline.
At this mine, erosion has not yet reached the other five pipelines carrying highly volatile liquids (HVLs). But it is close.
Looking NW shows how close erosion and pits are to both sides of pipeline corridor. Looking southeast at Triple PG mine and the massive erosion that occurred during Harvey and Imelda. Note pipeline corridor in bottom left.
During Harvey and Imelda, this erosion extended more than 1,700 feet (approximately 1/3rd of a mile) toward the HVL pipelines. The next large storm could take it across the corridor, exposing more pipelines.
Looking south across the utility corridor and one half of the mine toward the West Fork. Notice water and sediment trying to drain to the river. See close up below.Stormwater running across the utility corridor has undercut and exposed five pipelines. This process started in 2014 when the operator mined next to the utility corridor and triggered headward erosion..
Railroad Commission Response
In Texas, the Railroad Commission regulates pipelines. Jennifer Delacruz of the Texas Railroad Commission (TRRC) received several complaints and is aware of this situation. She told Josh Alberson, one of the complainants, that four of the five pipelines are interstate and therefore regulated by the Pipeline and Hazardous Materials Safety Administration. TRRC forwarded the complaints to them.
Wide shot of same area looking south across utility corridor to southern half of mine.
Mustang operates the one intrastate pipeline. According to Alberson, Delacruz had already discussed the situation with Mustang before he and she talked. Delacruz told Alberson that Mustang and the other operators had filed a lawsuit against the mine operator for damages and repairs, but it seemed to be going nowhere. The pipeline told her that it and the other pipeline operators are currently working together to protect the pipelines. They plan to start construction of earthworks or a concrete bridge in January. TRRC intends to closely monitor this going forward.
However, the depth of the pits on either side of the corridor may make bridging the erosion difficult because of soil instability. See below.
Note depth of newly excavated pit on north side of corridor.
As the northern pits get deeper and approach the utility corridor in the middle, the erosion under the pipelines will also get deeper. This seems like a losing battle for the pipelines. And there’s no guarantee that another area won’t wash out.
Industry Response
A pipeline manager at one of the world’s largest oil companies looked at these photos and said, “You could try to limp along with supports and erosion control, but Mother Nature will eventually ruin most anything that can be installed.” He felt that temporarily shutting the lines down and drilling under the mine would be the safest alternative, much like Kinder Morgan did at the Triple PG mine.
Legislative Response
Given the wholesale expansion of sand mining on the West Fork, and the unwillingness of the mines to keep a safe distance from pipeline easements, pipelines need to figure out a new strategy. To date, the state has refused to impose any meaningful setback regulations on sand mining.
Posted by Bob Rehak on 12/11/2019 with help from Josh Alberson
834 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/20191203-RJR_4973.jpg?fit=1200%2C800&ssl=18001200adminadmin2019-12-11 17:48:182019-12-11 19:49:16Pipeliners Vs. Sandminers: An Update
Mining sand near pipelines can expose the public to danger through erosion. We’ve seen this at the Triple PG sand mine in Porter where a potentially lethal combination of circumstances came together. 1) MINING 2) in a FLOODWAY 3) too close to PIPELINES 4) created EROSION 5) that undermined and EXPOSED the pipeline 6) to FLOATING DEBRIS and 7) the FORCE of floodwater.
Excavating pits in floodways causes erosion to move upstream and downstream during floods. When the pit is too close to infrastructure, such as bridges (or pipelines), erosion can then threaten their foundations.
Predictable Phenomenon
Headward erosion is a PREDICTABLE phenomenon. It’s as certain as gravity causing dirt to fall into a hole. Except in the case of the Triple PG sand mine, floodwater gave gravity an assist. It pushed the dirt into the hole. The hole, in this case, is the sand pit on the left below. The floodwater came from the top of the frame.
Headward erosion cut right through the pipeline crossing that paralleled what used to be a roadaround the mine.
This doesn’t happen every day. It’s sporadic. It happens during floods. But that makes it no less predictable.
How Triple PG Grew Toward, Between and Past Pipelines
The images below show the growth of the Triple PG Sand Mine northward into Montgomery County. In 1995, the mine was 2,000 to 3,000 feet away from the pipelines.
1995
2017 Pre-Harvey
The mine kept expanding to the west and north. Just before Harvey, notice how Triple PG had mined right up the pipeline and beyond it, into the danger zone between the pipeline corridors.
Then came Harvey.
2017 Post-Harvey
During Harvey, headward erosion took out about a 200-foot wide section of earth supporting the natural gas pipeline (also seen in the helicopter photo above). Harvey also elongated the lake in the middle of the pipeline corridors.
Then in 2019, this area had a major flood in May and Tropical Storm Imelda in September. The major breach widened and the lake elongated even more.
2019 Post-Imelda
Imelda widened the Harvey breach so wide and deep that it exposed more pipeline. (See photo below).
Exposed pipeline has no protection from floodwaters carrying trees, cars, houses or other debris downstream. A major collision could cause an explosion. But that’s not even the biggest potential catastrophe at the Triple PG mine.
Now … For the Real Disaster Scenario
Looking at a wider satellite image (below), we can see that the mine is now closing in on the HVL pipelines from the south AND the north. It brackets them.
Water flows from top to bottom in the image above. Note how Caney Creek bends near the white line above. During Imelda, floodwater cut through that area into the big northern pond at this bend instead of following the natural stream bed. See below.
Without constant repairs like you see above, Caney Creek could soon reroute itself through the big pit on the left below. Erosion on both sides of the utility corridor could expose the HVL pipelines – just as it did the natural gas pipelines. Not likely, you say?
A breach on the left would reroute Caney Creek right across the pipelines buried in the utility corridor on the right.
In the last three years, the two ponds along this line have grown closer together by more than 1000 feet. The ponds now are within a few feet of actually touching the pipeline corridor on both sides. Continued erosion could soon threaten the HVL pipelines in the middle if nothing is done to stop it.
Why is This Potentially MORE Dangerous?
Compared to exposing a natural gas pipeline, exposing liquid pipelines is far more dangerous.
When a natural gas pipeline explodes it creates a fireball that could kill anyone near it.
But when HVL pipelines rupture, they spew poisonous liquids. And if those pipelines rupture during a flood, those poisonous liquids will flow right into the source of drinking water for two million people – Lake Houston. This is why sand mining in floodways near pipelines is a bad idea.
Posted by Bob Rehak on 12/7/2019 with help from Josh Alberson
830 Days since Hurricane Harvey and 79 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/Pit-Capture-North-Big-Pond.jpg?fit=1200%2C800&ssl=18001200adminadmin2019-12-07 18:37:282019-12-07 21:25:23From Erosion to Explosion: Why It’s Dangerous to Mine Sand Near Streams and Pipelines
Note: This post has been updated at 3:30 a.m. with information from Kinder Morgan.
The Texas Attorney General is suing the Triple PG Mine for dike breaches that allegedly discharged process wastewater into the drinking water supply of 2 million Houstonians. I photographed multiple dike breaches there in May, September, October and November. On Tuesday this week, I flew over the mine again and noticed something in one of the unfilled breaches: an exposed natural gas pipeline. Kinder Morgan, the line’s owner has had three washouts around this line in two years, according to a spokesman. Currently the line is filled with inert gas until it can be repaired, so there is no immediate danger. However, the repeated washouts raise questions about the safety of mining sand around pipelines.
Exposed Pipeline in Danger Zone
These pictures tell the story.
Flying up Caney Creek on 12/3/2019, I took this photograph looking toward the mine (west) in the background. Note the exposed pipeline.
When I got home, I enlarged that sign in the foreground to see what it said.
Flying over the trees, here’s what you see looking northwest. Notice the exposed pipeline in the bottom right of the photo. It aims toward a massive 183-foot breach in the mine’s northern dike created by Hurricane Harvey. Obviously, moving water exerts tremendous force in this area. See below.
The most recent erosion exposing the pipeline happened during Imelda on September 19th, according to Kinder Morgan.
Here’s what a close up of the pipeline looks like.
Close up shows downed trees all around the pipeline from the Imelda flood.
One tree has fallen on the pipeline like a guillotine.
A second Kinder Morgan spokesperson characterized this as a MAJOR natural gas pipeline.
He said the first two washouts happened during Harvey in the major and minor breaches shown in the photos above. After Harvey, they buried the pipeline under the major breach and filled in the smaller breach.
Then came Imelda. The smaller breach washed out again, creating the third exposure.
Kinder Morgan has not repaired the small breach this time because they can’t get to it. It has been 78 days since Imelda and the mine has yet to repair the road leading to the exposed pipeline.
Previous photographic analysis suggested that during Tropical Storm Imelda, 42,000 cubic feet per second coming from Peach and Caney Creeks (out of frame in the upper right of the photograph above) captured this mine’s pit. That means, the creeks likely rerouted themselves through the mine during the flood.
Here’s another view from a slightly different angle.
Another angle shows more of the exposed pipeline and the erosion around it.
I feel only a little bit safer knowing that the mine’s owners have agreed to stop dredging until the AG’s lawsuit goes to trial next year.
Another Port Neches in Porter?
According to Josh Alberson, a number of major pipelines run through this area. The Texas Railroad Commission’s GIS viewer shows the Kinder Morgan natural gas line crossing the property plus the following:
Plains Pipeline – Red Oak Pipeline (20”) moving crude
The more I look at this mine, the more surprised I am that people have not gotten killed here. It reeks of danger.
These repeated breaches and the exposed pipelines remind me of pipeline incidents farther down the river. They destroyed lives and properties in previous floods when lines ruptured from collisions with floating debris. We’re just been lucky so far.
Hollywood Blockbuster in the Making
I’ve nicknamed this mine “Death Wish VII” after one of my favorite movie series. I can’t wait until the next sequel comes out. Some friends in Hollywood are working on a treatment already. “Cardiologist turned sand miner pollutes drinking water of 2 million people, burns down East Texas, and is named Citizen of the Year by TACA.” It has all the earmarks of a Hollywood blockbuster. But seriously, I think TACA has more class than that. They would probably name him Citizen of the Decade.
Now, back to our regularly scheduled blogging. So much for satire.
Pipeline Incidents Cost 3X More Public Lives than Industry Lives
I’m dead serious now. Thank God that there’s inert gas in this pipeline for now. But what happens in the next flood when it’s flammable gas. What if its exposed for a fourth time and more trees start slamming into it.
Two things jump out at me: the public sustains roughly three times more injuries and fatalities than industry, and the costs are staggering – in the billions.
I have already notified the TCEQ and MSHA. My feeling? We shouldn’t be mining sand in floodways. And we especially shouldn’t be mining sand in floodways criss-crossed with pipelines. The mines accelerate the potential for washouts. And that exposes everyone to more danger.
Posted by Bob Rehak on 12/7/2019, with help from Josh Alberson
830 Days after Hurricane Harvey and 78 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/20191203-RJR_5657-2-e1575696133839.jpg?fit=1200%2C800&ssl=18001200adminadmin2019-12-06 23:56:092019-12-07 18:51:42Is Danger Still Lurking at Triple PG Sand Mine?
Triple PG Sand Development, LLC and Texas Attorney General Ken Paxton agreed to a temporary injunction on Friday, November 25, 2019. The giant mine between Caney and White Oak Creeks agreed to stop dredging while it finds a way to engineer permanent fixes to its dikes. The dikes have breached repeatedly in numerous places. And the mine has left some breaches open for years.
Triple PG Sand Mine dike breech into White Oak Creek. This is the third time this year.
Triple PG’s process wastewater has poured into the drinking water supply for two million people. The State is suing the mine for more than a million dollars.
Triple PG Trial Set for Next June
The judge has set the trial for June 22, 2020. That should give Triple PG time to engineer a fix. It should also give time a chance to test the repairs.
Make sure the berms work or reclaim the dredge ponds.
Provide a proposed plan to TCEQ within 90 days.
Good News for East Fork Residents
All this represents good news for the people on Caney Creek and the East Fork. Recent storms have left both clogged with sand, at least some of which washed out of the mine.
People directly south of the mine in Walden Woods should rejoice. They may finally get the protection from this mine that they should have had all along.
Reportedly, Triple PG is dry-mining frack sand and working down its stockpile to stay in business while it makes repairs.
Posted by Bob Rehak on 11/28/2019
821 Days since Hurricane Harvey and 70 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/11/20191104-RJR_4452.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-11-27 19:01:572019-11-27 19:14:29Triple PG Sand Mine Agrees to Stop Dredging Until Trial Next June
