When I first read the denial, its brevity shocked me – one sentence. It basically says to the attorney general “prove your case.”
I quote: “…Triple PG generally denies each and every allegation contained in Plaintiff’s Original Petition, and all amendments and supplements thereto, and demands strict proof thereof by a preponderance of the evidence.”
I called a lawyer to ask whether such brief denials were common. The answer: yes. My next question: Why?
Why the Brief Denial?
Basically, had the defendant made no reply to the claims within 20 days, it could have had a default judgement entered against it. So this blocks a default judgment. This also stops the clock, forces the Attorney General to reveal more of its case, and gives the defendant more time to develop an affirmative defense … if it has one. Triple PG can always amend its reply later.
AG Already Laid Out Evidence
The TCEQ has performed onsite inspections and overflights. The TCEQ report was made public with the AG filing. But the TCEQ isn’t the only entity investigating. So by delaying a settlement, the mine could be opening itself to additional fines. And the discovery of additional evidence.
The longer they wait to settle this case, the higher per-day fines could go.
Hearing Delayed Again
The hearing scheduled for November 12 on a permanent injunction against the mine has now been rescheduled for November 25th.
Deny This
When I flew over the mine on November 4, 46 days after Imelda, Triple PG was only starting to fix the second of eight breaches. The TCEQ did not even find all of those breaches because many roads within the mine had washed out when they paid their surprise visit. So delays could add to Triple PG’s woes as they also run up legal fees.
Here’s what breach #2 looked like on 11/4/2019.
Breach between Triple PG sand mine pit (upper left) and White Oak Creek lower right, photographed on 11/4/2019.Same breach photographed from reverse angle over pit. Note the white scum floating out of the mine.Third angle shows more scum and trees blown inward toward the mine during the breach.
The Defendant’s response also included a one sentence prayer. They prayed that all charges would be dismissed and that they would be entitled to further relief, which they did not specify. The only other thing the AG sought was a permanent injunction barring the mine from discharging wastewater. But they might seek to recover court costs if found no guilty.
Posted by Bob Rehak on 11/14/2019
807 Days after Hurricane Harvey and 56 after Imelda
The thoughts expressed in this post represent my opinions on matters of public policy 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/RJR_4561.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-11-13 21:38:222019-11-13 21:38:33Triple PG Sand Mine Denies Attorney General Claims
On Tuesday of this week, 46 days after the flood, the Triple PG mine was finally attempting to seal off the main breach into White Oak Creek, another tributary of Lake Houston. I took all of the photos below during the afternoon of November 4, 2019.
The TCEQ had fined Triple PG in 2015. TCEQ again fined the mine in May of this year for allowing process water to escape into the City’s drinking water for weeks. That fine totaled more than $18,000. But when it happened again in September, the Texas Attorney General sued the owners for more a million dollars.
Triple PG White Oak Creek Breach Still Open on 11.4.19
After the AG suit, I thought repairs to all breaches would follow quickly. So I rented a helicopter on 11.4.2019 to check their status. That’s when I took all the photos below. What I saw should have shocked me, but sadly, it did not.
Miners had not yet sealed the White Oak breach. And a white substance was floating out of the mine through it.
Triple PG attempts to repair breach to White Oak Creek on 11/4/2019. The narrow, washed out section of the road on the right looks like it might have been a previous attempt at a repair that failed already.
Meanwhile, Repairs to Triple PG Caney Creek Breach Failing Already
Meanwhile, the breach repair (below), first photographed on October 12, appeared to be slumping into Caney Creek already. Notice how the road is collapsing near the trees at the bottom of the frame in this photo. Glad I’m not driving heavy equipment over that road! Quick call the MSHA! Notice also the difference in the water elevation on either side.
The repair to the Caney Creek breach completed last month appears to be failing already. Looking west over Caney Creek in the foreground. Erosion is already visible in this side shot of the same repairfrom a different angle.
Water appears to be piping through the dirt in the repaired breach. Note the wet appearance in several places that also exhibit erosion near the bottom of the dike. Piping is one of the major causes of dike failure. Water seeps under the dike creating channels which undermine it.
Trapped Stormwater: A Problem for Mines in Floodways
A high and constant level of the water in a such a mine creates outward pressure on dikes that invites failure. A spokesman for the Mine Safety and Health Administration said that typically mines must find ways to get rid of excess water after heavy rains or risk breaches. Some try engineered solutions such as spillways. However, Triple PG mine also faces environmental constraints. Specifically, Triple PG cannot flush its process water into the City’s drinking water. Especially when the Attorney General is looking over their shoulder.
My conclusion. Floodways are just dangerous places to build sand mines and this mine sits in two floodways.
Six More Breaches
Here’s a second breach into Caney Creek that they haven’t even started repairing. It appears that water overflowed the pit and started traversing down the side on a diagonal. Note the tree leaning into the creek in the sandy area at the bottom.And a third breach into Caney Creek. But at least they repaired the road above this one.And a fourth breach into Caney Creek.And a second breach into White Oak Creek behind the mine’s stockpile.And the start of an exit breach along the mine’s southern perimeter where so many homes in Walden Woods flooded. To my eye, it appears that there is little or no elevation difference between the mine road and surrounding homes.So I am not even sure that this qualifies as a dike, or is just the edge of a pond.And the mother of all breaches on the north side of the mine.
Tick Tock Tick Tock
The suit filed by the Texas Attorney General seeks monetary relief of “not more than $1 million.” But here’s where it gets interesting. The Texas Water Code section 7.102 states that penalties can range up to $25,000 per day for EACH day of EACH violation. It also specifies that “Each day of a CONTINUING violation is a SEPARATE violation.”
With all of these other breaches (that the TCEQ investigators could not see when they first inspected the mine because of washed out roads), these violations could add up quickly. Let’s see. 48 days x $25,000 = $1,200,000 for each breach. If the AG amended the lawsuit, that could add up to some serious bank.
Posted by Bob Rehak on 11.6.2019
799 Days since Hurricane Harvey and 48 since Imelda
The thoughts expressed in this post represent my 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/RJR_4584.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-11-06 11:25:502019-11-06 11:26:00Triple PG Sand Mine Finally Starts Plugging Breach on White Oak Creek
This story illustrates on of the dangers of pit capture in sand mining. During the peak of Imelda, 42,000 cubic feet of floodwater per second came down Caney Creek. However, early the morning of September 19th, residents south of the Triple PG Sand Mine on Hueni Road in Porter started seeing water coming from the mine before it came up from the creek.
Escaping with Only a Minute to Spare
They started evacuating their families and animals. One Walden Woods resident told me that the water came up so fast, it covered an entire SUV within an hour. Another told me that had she waited one more minute to evacuate, she and her family would have had no way out. The force of the rushing water undermined the house and garage of a third. Farther south of the mine, residents of Dogwood Lane, Woodstream Village, Dunnam Road, and Riverchase felt the same panic.
Caney Creek Captures Triple PG Sand Pits
So what happened? A review of aerial photographs below taken on 10.2.19, almost two weeks after Imelda, showed a massive breach in the northern dike of the mine. Erosion patterns suggest the water then rushed through the mine in a north to south direction.
Trees laid down in a southerly direction at the entry point
Sand waves orient along the north-to-south direction of flow
East/west roads separating the ponds were blown out, by water flowing north to south
The mines main stockpile shows massive erosion along its western edge in a north-to-south direction
Sand is piled up against the mine’s main building along the northern side only (where the water came from)
Photo Tour of the Aftermath
All the photographic evidence suggests a classic case of pit capture. Peach Creek joins Caney Creek just north of this entry point.
Where water entered the mine from the north. Looking northwest from inside the mine and past the northern dike. Note the trees pushed into the mine by the force of the water, indicated the direction of flow.Reverse shot. Looking south into the Triple PG Sand Mine.A closer view of the same scene shows clear evidence of erosion within the mine from rushing floodwaters. The water came from directly behind the camera position. The road in the middle was blown out, but reconstructed by the time I shot this photo two weeks after Imelda. The TCEQ said they could not safely reach this part of the mine because of damaged roads.
You can see from the shot above that water barreled through this mine as if shot from a water cannon.
Close up of repairs to damaged road. Looking southwest. Sand patterns show water moving north to south. Note the sand pushed up against the north-facing back of this building.The eastern side of this stockpile was eroded from the bottom by water side-swiping it from a north-to-south direction.
No Effective Dike at Southern End of Mine
There really is no dike at the southern end of the pit, just a road around the perimeter. The ground level in the neighborhood to the south is virtually even with the level of the road. After water flowed through the pit, it flowed through neighborhood(s) to the south and damaged homes. It’s easy to see the damage immediately south of the pit and imagine the pit capture as the cause of the damage. The damage faces the mine, not Caney Creek to the east.
Floodwaters from the Triple PG mine partially knocked this home off its foundation. The owner had to jack it up and re-level it. The back of the house faces the mine and is not more than a hundred feet from it.The same homeowner’s garage. Floodwaters from the mine scoured under it. Again, the back of the garage faces the mine and is not more than a 100 feet from it.
Reasons for Pit Capture
What is pit capture? It’s when a river or stream cuts through the pit of a nearby sand/gravel mine instead of following its normal course.
How does it happen? Water starts to overtop or penetrate the dike. It creates a fissure that rapidly widens and opens a hole. Pretty soon the dike collapses and the water rushes in. The water moves from areas of high pressure and elevation to areas of low pressure and elevation. After the water moves into into the pit, it fills the pit up and needs to find a way out on the other end. Like a water ballon attached to a faucet, sooner or later dikes on the other side burst.
Why does this happen?
The mine was built in the floodway of Caney Creek on a point bar
Dikes made out of sand could not withstand the force of the water
Dikes had previously failed in the same places and left “weak points”
When the water came up, it took the path of least resistance
Texas has no minimum setbacks from rivers for mines
Texas enforces no best management practices for mines
Potential fines could reach well past a million dollars. That raises the question, “What can be done with this mine to protect residents below the mine and to protect the City of Houston’s water supply?”
Over the years, Triple PG’s owners have removed 800 acres of forest and an unknown volume of sand from the mine. The risk of pit capture is greatest were mines are deeper than the adjacent river bed and close to the river/stream. Both conditions apply in this case.
The dike between Caney Creek and the Triple PG pit is a narrow strip of unvegetated dirt, just wide enough to support a vehicle…and not compacted very well as you can see below.
This shows repairs to an exit breach to Caney Creek farther south. No geotextile fabrics or rip rap are holding the repair together. Photo courtesy of Josh Alberson. Taken 11.2.2019.This closer shot shows the same breach filled with sand and clay. You can see how flimsy the repair is. The uncompacted and unprotected soil is already eroding after two inches of rain last week.Photo courtesy of Josh Alberson. Taken on 11.2.2019.
If the courts should shut this mine down, sealing it off permanently will be difficult and costly.
Posted by Bob Rehak on 11.3.2019 with images from Josh Alberson
796 Days since Hurricane Harvey and 45 since Imelda
The thoughts in this post reflect my 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/Triple-PG-Mine-Looking-South-10.2.19.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-11-02 20:10:422019-11-02 20:10:53Pit Capture on Caney Creek: What Happens When A Sand Mine Builds Flimsy Dikes in Floodways
The Triple PG Sand Mine in Porter has agreed to the terms of a restraining order. The order will force the mine owner to build dikes that can withstand the force of future rains and that can prevent future discharges of process wastewater into the City of Houston’s drinking water.
Repeated breach in dike of Triple PG Sand Mine that allowed process water to mingle with water in Caney Creek (lower left).
Certification by Licensed Professional Engineer Required
Furthermore, according to the agreement, a licensed, professional engineer must certify that the dikes can withstand the force of future rains. No more building dikes out of sand. Given where the mine is located – at the confluence of two floodways – it’s not clear whether future breaches are 100% avoidable. It’s also unclear whether a professional engineer would put his or her reputation on the line with such a promise given this particular mine’s history and location.
Southern Perimeter Lacks Effective Dikes
The entire southern perimeter of the mine is flush with the land south of the mine. There appear to be no dikes. So this could be a massive construction job. Dozens of homes south of the mine flooded during Imelda. Debris and damage patterns suggest that floodwaters entered their homes directly from the mine, not from White Oak or Caney Creeks.
The back of Tom Gill’s garage above faces the Triple PG mine. Scouring from the direction of the mine indicates which direction floodwaters came from.Debris washed away from mine in Walden Woods subdivision south of it.
Background of Case
In May and again in September, the Texas Commission on Environmental Quality (TCEQ) reported that multiple breaches in dikes at the Triple PG Sand Mine on Caney Creek led to the escape of process water and sediment into the City of Houston’s drinking water supply. The TCEQ had previously cited the mine for similar environmental violations in 2015.
Both the injunction and restraining orders seek the same things: to get the mine to fix breaches so it stops allegedly emitting process water. The initial focus: sealing the mine off so that process water stops intermingling with drinking water. In the long term, however, the state wants to force the mine to build dikes sufficient to withstand the force of future floodwaters.
Requirements of Restraining Order
The agreed temporary restraining order requires the defendant to:
Not engage in any operations at its dredge facility that discharge process wastewater from the defendant’s property
Not PRODUCE any process wastewater that must be discharged
Immediately begin repairing damaged or breached berms
Hydraulically isolate any industrial waste within the mine
Halt the influx of water from creeks
Halt the outflow of waste from pits
Construct the repairs to prevent discharges from pits during future rain events
Cease and prevent all discharges of any industrial waste and or process wastewater from the mine into waters of the state
Within 14 days, hire a professional engineer to assess whether the berms can permanently prevent future discharges
Not destroy records
Certify all efforts at compliance, also within 14 days
The amended restraining order reset the date for the hearing on a temporary injunction from October 24 to 28th. The last order again resets the hearing date to November 12th.
So why the restraining orders when the original suit asked for an injunction? Generally, restraining orders are sought as a form of immediate relief while a plaintiff pursues a more permanentinjunction, although injunctions can also be temporary.
Full Text of Legal Filings to Date
Below are links to the full text of documents filed to date in the case. I obtained them from the Travis County District Clerk in Austin.
Notice the word “agreed” in many of the document titles above. An Agreed Order refers to a written agreement submitted by both parties to a case resolving issues between them.
After rendering decisions, courts will often command counsel for both parties to see if they can come up with wording of an order satisfactory to both. If they can, it becomes an “agreed order,” which the court will then enter. (If not, the judge will formulate his/her own order.
Turning the Tide on the East Fork?
If this sticks, it could change the way Triple PG does business forever. It could also improve life on the East Fork of the San Jacinto for residents who have complained about sediment buildups, flooding, polluted water, loss of riparian vegetation, destruction of wetlands, fish kills, and more.
Posted by Bob Rehak on 10/31/2019
793 Days after Hurricane Harvey and 42 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/10/Breach-_001_02.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-10-31 00:59:132019-10-31 01:00:39Triple PG Sand Mine Agrees to Terms of Restraining Order
If past performance is any indication of the future, the mine is likely to receive a slap on the wrist. Fines against sand mines from the TCEQ have averaged around $800. However, this is more serious. The attorney general is involved. And stiffer penalties are now available thanks to a new law sponsored by State Representative Dan Huberty in the last legislation session.
If a court levies maximum penalties against this mine, the owners could be liable for $1.1 million plus $25,000 per day for each day breaches in the mine’s dikes remain open. That could easily exceed another half million dollars.
In addition, Ramiro Garcia, head of enforcement for the TCEQ, said the commission disengaged from settlement talks with Triple PG regarding May breaches. Those breaches also took weeks to patch. If lumped in with this, the court could assess yet another half million dollars.
Claim Patches in May Breaches Made with Clay
According to the results of the May investigation, investigators believe the mine patched its breaches with clay. But photos of the failed dikes indicate they were made from sand.
Breach of Triple PG Mine on Caney Creek in September. Photo taken 9/29/19.Close up of same breach reveals that this repair was clearly made from sand.Photo taken on 9/29/2019.Here’s what the same breach looked like from the air.Photo taken on 10/2/2019.I photographed at least 7 additional breaches that same day. Photo courtesy of Josh Alberson, showing that the breach remained open last Saturday, October 5, when he took this shot from his jet boat on Caney Creek.Investigators found the same breach open on the 9th, 20 days after Imelda.
About Chapter 26 of Water Code
Chapter 26 covers water quality control and industrial waste water. It defines “Industrial waste” to mean “…waterborne liquid, gaseous, or solid substances that result from any process of industry, manufacturing, trade, or business.” Its definition of “pollutant” includes “dredged spoils.”
“Pollution” also means “the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.”
Triple PG Mine is at the confluence of floodways for White Oak Creek and Caney Creek.
The mine is in the confluence of two floodways: White Oak Creek and Caney Creek. Both are tributaries to Lake Houston, the source of drinking water for millions of people. The purpose of Chapter 26: “to maintain the quality of water in the state consistent with the public health and enjoyment…”
The code considers the possible adverse effect that illegal discharges might have on receiving bodies of water, such as Lake Houston, and on parks, such as East End Park in Kingwood.
Although the Code permits some discharges. However, “Discharges covered by the general permit will not include a discharge of pollutants that will cause significant adverse effects to water quality.”
Chapter 26 stretches more than 200 pages and 58,000 words. So I won’t attempt to summarize it here, except to say that it also includes the disposal of chlorides. One former executive for the City of Houston’s public works department told me that he personally witnessed many sand mines intentionally breaching dikes under the cover of floods to eliminate chloride buildups in their wash water.
“Companies that pollute Texas waterways will be held accountable,” says TCEQ Executive Director Toby Baker. “Every business has a responsibility to respect laws that protect the environment and public health, and I applaud the attorney general for acting swiftly on my request to hold Triple P.G. Sand Development fully responsible.”
The State of Texas requests that the court grant the following relief as allowed by law:
A permanent injunction
Civil penalties and reasonable attorney fees
Court costs
Investigative costs.
Repeated Dike Failures
The dikes of the Triple PG Sand Mine do not appear to comply with TCEQ rules for dike construction. They are built from sand and have failed repeatedly in multiple locations. However, the TCEQ rules clearly state, that structural integrity is the number one concern. “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.”
The Attorney General’s charges do not mention dike construction. Reading the requirements, however, it will be interesting to see which professional engineer signed off on the plans. The requirements state:
“§301.36. Plans To Bear Seal of Engineer.“
“All preliminary plans and other plans which are submitted with an application for approval of a levee or other improvement shall be prepared by or under the direction of a registered professional engineer and signed by the registered professional engineer whose seal shall appear upon or be affixed thereto.”
Stay tuned. More investigation to follow.
Posted by Bob Rehak on 10/11/2019, with thanks to Dan Huberty, Charlie Fahrmeier and Josh Alberson
773 Days after Hurricane Harvey and 22 after Imelda
All thoughts in this post represent my opinions on matters of public safety and policy. 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/2019/10/IMG_0480.jpeg?fit=4032%2C3024&ssl=130244032adminadmin2019-10-11 20:21:042019-10-11 21:37:48Texas Attorney General Files Charges Against Triple PG Sand Mine
Below: the approximate locations of breaches for orientation purposes. All aerial photos taken on 10/2/19.
Approximate locations of eight breaches in the Porter Triple PG mine during Imelda.
Breach #1
Partial breach along Caney Creek in the northern section of the mine, looking south toward the mine’s ponds.
Breach #2
Another pond in the far northern area shows evidence of a breach and severe erosion. This shot looks northwest.
Breach #3
Looking NW from over the main dike that separates the main part of the mine from the northern area. The dike cuts from the upper left toward lower right and has a massive breach. The angle of the downed trees suggests that Caney Creek overflowed on the north, swept through all the ponds to the north and then broke into the mine through this breach.
Breach #4
Partial breach. Hovering over Caney Creek in the foreground, looking west into the pit.
Breach #5
Hovering over Caney Creek in the foreground, looking west into the pit.This breach was opened in May and never closed properly.Same breach, but photographed from the reverse angle. Hovering over the pit, looking east toward Caney Creek.
Breach #6
The southern dike of the mine is behind these trees. It obviously didn’t hold back water sweeping through the mine. It pushed these fences in from the north toward the south.Photo taken 10/6/19.Many homes immediately below the mine flooded also. The so-called dike that runs along the southern edge of the mine is really flush with the ground level in this area.Photo taken 10/6/19.
Breach #7
Hovering over the pit looking toward the west dike of the mine and White Oak Creek, which breached into the mine.Reverse shot. Looking east into the mine from over White Oak Creek.
Breach #8
The mine’s main stockpile sits on the western side of the mine. Rain seems to have washed much of it into the creek below the dike.
Direction of Flow
Note additional erosion to main stockpile. It sits at the confluence of two floodways: Caney Creek’s and White Oak Creek’s. You can see the influence of those two creeks in the erosion. This shot faces west. Caney Creek came in from the north (right to left). White Oak Creek came in from the west (top middle to left middle). Note the sand pushed up against the building.See close up below.Sand pushed up against northern edge of building indicates the main flow came from the north…Caney Creek.
Sand Clogging River
Much sand now clogs the river that wasn’t there before Imelda. No doubt, some sand came from river bed and bank erosion. But it’s hard to believe that none of it came from the Triple PG Sand Mine, which sits in two floodways and whose dikes breached in at least eight places.
The shot below looks across the northeastern section of Riverchase. Many homes flooded in this area. When you look at the river, you can see a possible contributing factor: giant sand bars that consume two-thirds of the width of the river.
The breaches, the sand clogging the river, and the flooded homes all argue for moving mines back farther from rivers. Texas is the only state that has no minimum setbacks for mines. During Imelda, the East Fork and its residents paid the price for that policy.
Northeastern Riverchase, where several homes flooded near the river. Note giant sand bars just beyond the trees.Residents have commented on all the sand in streets. East End Park lies to the right of the giant bar. It also suffered from massive sanding during Imelda, in the area immediately opposite the bar.A reverse shot of this bar shows that it is not only wide and long but tall. It reaches into treetops.The helicopter was hovering over East End Park for this shot and the camera is looking north.
Altogether, I took almost a thousand shots from the air last Wednesday along the East Fork between 99 and Lake Houston and from Lake Houston up the West Fork to the Woodlands. More findings in future posts.
Posted by Bob Rehak on 10/6/2019 with help from Josh Alberson and Charlie Fahrmeier
768 Days since Hurricane Harvey and 17 since Imelda.
All thoughts in this post represent my opinions on matters of public interest 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/2019/10/Homes_001.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-10-06 22:45:532019-10-06 22:48:34More Breaches Discovered at Triple PG Sand Mine; Implications for East Fork Flooding
Of all the sand mines on the East and West Forks of the San Jacinto, the Triple PG Mine is unique. It alone sits inside the confluence of TWO floodways. The Prabhakar Guniganti family owns the mine. So far they have cleared, grubbed and mined about 700 of the 2000 acres they own in the area. But that hasn’t stopped them from receiving timber exemptions from the Montgomery County Appraisal District on the land being mined (that has no timber).
After Harvey, when I found 30 acres of sand up to 15 feet deep covering East End Park (just downstream from the mine), I rented a helicopter to see where the sand came from. That’s when I discovered this horrific mine for the first time.
Last week, Charlie Fahrmeier, a Lake Houston Area resident and an expert in sediment control, observed the same breach open AGAIN. Right above East End Park, which was destroyed by sand AGAIN.
So Friday, I rented another helicopter to see what I could see. What I saw turned my stomach. There was more than one breach. There were at least two and possibly three.
It appeared that Caney Creek (from the north) and White Oak Bayou from the west “captured the pit.” The streams then apparently crossed the mine sweeping out through the breach on the southeast side back into Caney Creek and then down the East Fork of the San Jacinto River.
White Oak Creek approaches the mine from the west and Caney Creek runs along its north and east sides. From the images below, taken a week after Imelda, it appears that the both creeks captured the mine and cut across it.From FEMA’s National Flood Hazard Layer Viewer.
Where Breaches Occurred
The TCEQ fined Triple PG $16,875 for breaches one and two that were first reported after the May 7th storm. TCEQ has opened another investigation into the most recent breaches. Fines could be more substantial this time.
Three Breaches from the Air
Looking north from over the pit toward Caney Creek out of frame on the top. Water likely entered the mine from the north as Caney Creek reached flood stage and cut across the point bar above the mine. Taken 9/27/19.
A reverse shot shows how water tore through the mine.
Looking south from over Caney Creek, you can see how current ripped through the mine. The road across the mine in the middle of the frame had been recently repaired when I took this shot on 9/27/19.At the far end of the shot above on the west (right) side of the mine, I found this breach near White Oak Creek.Taken 9/27/19.Looking east, directly across the mine, I saw this breach in the same location as the May breach. That’s Caney Creek in the background.Taken 9/27/19.This close up shot of the same breach looking west from over Caney Creek shows how flimsy the repair was from earlier in the year. It was nothing but some sand dumped into a hole.Taken 9/27/19.
Designed to Fail?
Two engineers told me that patch looked like it was “designed to fail.” 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.” Clearly, sand is not substantial. “Built properly, that repair would not have reopened in this past flood,” said Fahrmeier.
TCEQ Requirements for Dike Construction and Repairs
Here are the TCEQ 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.”
These dikes had the structural integrity of a sand castle at a beach when the tide comes in.
Also interesting: Paragraph 4, Rights of Third Parties to be Protected. It’s a good read as far as regulations go.
Certainly, East End Park, just downstream was not protected.
KSA just finished cleaning up East End Park from Harvey. The organization spent close to $200,000 to restore trails covered in sand that reached to the treetops. Now the entire Kingwood community will have to sacrifice again. This area used to be a boardwalk over wetlands. The sign used to be shoulder high. Now it’s knee high.
Another trail covered in sand and silt. Not all of this came from the mine; some came from river erosion. But the serious problems first appeared after the mine.
How to Tell Mine from River Sedimentation
Charlie Fahrmeier who first discovered the most recent breach said that when he discovered it, water and sediment was streaming out of the mine. The water color was distinctly different from the color of water coming down Caney Creek. If the creek were responsible for all the sedimentation, the colors would have been reversed.
Caney Creek Now Averages 1.7 Feet Deep
In a future post, I will examine the growing mouth bar on the East Fork. That’s right. The East Fork and Caney Creek are barely navigable now. John Alberson took his jet boat up Caney Creek today and noted giant sand bars stretching across the river below the pit. He said the deepest part of the creek was 1.7 feet. The more sand there is in the creek and East Fork, the less room there is for water, so the higher the water rises during a flood.
How to File a Complaint With Mine Safety Authorities
Mine is in two zip codes but breaches appear to be in 77365.
Location of Breach #1: Long 30.102968°, Lat -95.171932°
Location of Breach #2: Long 30.055360°, Lat -95.104712°
Location of Breach #3: 30.065451°, Lat -95.102904°
Please help shut this mine down. It’s dumping its process water loaded with sediment and chlorides into your drinking water. Moreover, the City doesn’t have enough money to dredge the East Fork and its tributaries every time we get a big rain. Let’s stop this problem at the source. We need sand for concrete, but we don’t need it from this mine.
Posted by Bob Rehak on 9/29/2019
761 Days since Hurricane Harvey
The thoughts expressed in the post represent my opinions on matters of public interest 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/2019/09/TripePBreach.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-09-29 01:04:202019-09-29 08:44:35Triple PG Mine Dikes Breach in Multiple Places, Contributing to Giant East Fork Sand Buildups
On May 18, Josh Alberson and I gave Tony Buzbee a tour of sediment and sand mining issues on the San Jacinto River. Buzbee is a candidate for Mayor of Houston and got to witness first hand some of the problems I have been talking about for almost two years now. On Caney Creek, we stumbled across a giant breach in the dike of the Triple-PG mine in Porter. We reported it immediately to the TCEQ.
Massive breach in dike between Triple PG Mine and Caney Creek, May, 2019
Two-Week Discharge
Investigators actually observed the unauthorized discharge of process water from the mine into the City’s drinking water supply. It continued for approximately two weeks.
Not One, But Two Massive Breaches
The TCEQ found not one, but two breaches. The first was on the southwest side of the mine. Water entered the mine from a breach of the dike near White Oak Creek. The water then swept through the mine and exited through a second breach on Caney Creek. That meant the two creeks were actually flushing process water out of the mine into the drinking water supply for two million people.
The TCEQ finished its investigation in July and cited the operation for failing to prevent the unauthorized discharge of process water. The TCEQ told them to repair and widen their dikes. They did. Case closed.
This same mine has been investigated five times in five years by the TCEQ for various problems detailed in this report. The mine is owned by a cardiologist from Nacogdoches named Guniganti. His family operates it.
The basic problem with this mine is its location. It sits at the confluence of two floodways. That’s why the dikes were blown out. That’s why Harvey’s floodwaters swept through it. Continuing to operate this mine is like flying a plane into conditions that you know are unsafe.
No Disincentive for Dangerous Business Practices
Yet there’s no disincentive for dangerous business practices. Investigators told the operators to fix the breaches. They did. Business will go on as usual. Until the next disaster.
As a society, why do we tolerate this?
We even seem to venerate it. How strange that one family’s profit outweighs the health and safety of millions! The legislature had an opportunity to fix this problem this year. However, one bill that would have established best practices for sand mining and another that would have established minimum setbacks from rivers for sand mines never made it out of committee. Likewise HB-908 proposed by State Representative Dan Huberty that would have provided meaningful financial penalties for such bad practices never made it out of committee.
The thoughts expressed in this post represent my opinions on matters of public interest 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/2019/05/Mine-Breech.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-08-23 00:01:462019-08-23 00:19:45TCEQ Observes Triple-PG Sand Mine Discharging Wastewater Directly into Tributary of Lake Houston
