Commission Agenda Item No. 8
Presenter: Ted Hollingsworth
Action
Pipeline Easement – Brazoria County
Nine Acres at the Justin Hurst Wildlife Management Area
August 21, 2014
I. Executive Summary: The company Air Liquide requests an easement to install a ten-inch diameter syngas pipeline across the Justin Hurst Wildlife Management Area (WMA).
II. Discussion: The Justin Hurst Wildlife Management Area (the WMA) consists of 14,734 acres of coastal prairies, bottomland hardwoods and marshes that serves as significant habitat for a number of resident and migratory species, including waterfowl and wading birds. Located near industrial facilities in Jones Creek and Freeport, several pipeline corridors already cross the WMA. With increased oil and gas recovery in south Texas, proposals for transmission pipelines have increased significantly in the past few years. Air Liquide requests a new easement to install a ten-inch diameter pipeline across the WMA to carry a blend of hydrogen and carbon monoxide called “syngas”.
Staff has evaluated Air Liquide’s route alternatives analysis and worked with Air Liquide to identify routes, construction techniques and measures to minimize short and long-term impacts to the WMA’s fish and wildlife resources. Compensation to TPWD for damages associated with the installation and operation of the pipeline, if authorized by the TPW Commission, will be in the form of goods and services based on the June, 2014 TPWD Damage and Fee Schedule, which is to be doubled for any reach of the pipeline for which there is no reasonable and prudent alternative to conventional open trench installation.
III. Recommendation:
“The Commission adopts the Resolution attached as Exhibit A.”
Commission Agenda Item No. 8
Exhibit A
A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 9 Acres of Real Property in Brazoria County for a Syngas Transmission Pipeline Crossing the Justin Hurst Wildlife Management Area
Resolution
Whereas, Air Liquide proposes to install a 10” diameter pipeline for the transmission of Syngas from Freeport, Texas to Bay City Texas; and,
Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates the Justin Hurst Wildlife Management Area (WMA) for a variety of recreation and conservation values, including restoration and management of coastal prairies, bottomland hardwoods and marshes that serve as significant habitat for a number of resident and migratory species, including waterfowl and wading birds; and,
Whereas, Air Liquide has requested an pipeline right-of-way easement of approximately 9 acres crossing the WMA in Brazoria County, Texas (the Easement) to facilitate the installation of said pipeline; and,
Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that as required by Parks and Wildlife Code, Chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in newspapers of general circulation which are published at least six days a week in the communities nearest to the WMA in which such newspapers are published (the Brazosport Facts in Brazoria County), with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing ; and,
Whereas, Air Liquide has provided evidence that there is no reasonable and prudent alternative to a pipeline route that crosses the WMA; and,
Whereas, Air Liquide has agreed to compensate TPWD for damages and for the Easement, consistent with the current TPWD Damage and Fee Schedule; and,
Whereas, TPWD staff believe that directional drilling of said pipeline, with bore pits, staging areas and other temporary and permanent components of installation and pipeline operation scheduled and located consistent with the recommendation of staff can minimize impacts to fish and wildlife resources, and therefore granting of an Easement to Air Liquide under such terms is not inconsistent with the mission of TPWD; and,
Whereas, the Commission finds, in accordance with Parks and Wildlife Code, Chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of such land (Easement); (2) the program or project that requires the use or taking of land (Easement) includes all reasonable planning to minimize harm to the land (WMA); and,
Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that conveyance of the Easement subject to conditions that will minimize the overall impacts of the Easement on the WMA is in the best interest of TPWD; and,
Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to negotiate terms and conditions under which an Easement may be granted, and to grant an Easement to Air Liquide for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.
Adopted and approved this 21st day of August, 2014.
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Dan Allen Hughes, Jr., Chairman
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Ralph H. Duggins, Vice-Chairman
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T. Dan Friedkin, Member, Chairman-Emeritus
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Roberto De Hoyos, Member
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Bill Jones, Member
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James H. Lee, Member
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Margaret Martin, Member
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S. Reed Morian, Member
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Dick Scott, Member
Commission Agenda Item No. 8
Exhibit B
Location Map for the Justin Hurst Wildlife Management Area
Brazoria County
Commission Agenda Item No. 8
Exhibit C
Vicinity Map for the Justin Hurst WMA 55 Miles South of Houston
Commission Agenda Item No. 8
Exhibit D
Site Map Showing Location for Requested Air Liquide Pipeline Easement
